As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 483

Representative Amstutz

A BILL

To amend sections 7.10, 7.16, 9.482, 109.572,

109.5721, 111.15, 119.03, 122.121, 122.861,

124.32, 125.13, 125.182, 126.21, 126.25, 149.38,

153.56, 164.26, 173.27, 173.38, 191.01, 340.02,

340.021, 1321.535, 1321.55, 1322.03, 1322.031,

1322.04, 1322.041, 1322.051, 1322.06, 1509.071,

1533.10, 1533.11, 1533.12, 1711.50, 1711.53,

2151.417, 2151.421, 2152.19, 2701.09, 2945.402,

3123.89, 3313.90, 3313.91, 3314.08, 3317.02,

3317.0217, 3701.132, 3701.34, 3701.74, 3701.83,

3701.881, 3702.511, 3702.52, 3702.526, 3702.71,

3702.74, 3702.75, 3702.91, 3702.95, 3730.09,

3737.02, 4141.01, 4141.09, 4141.11, 4141.131,

4141.20, 4141.25, 4141.26, 4141.28, 4141.29,

4141.35, 4511.191, 4729.03, 4729.54, 4729.83,

4737.045, 4758.01, 4758.02, 4758.06, 4758.16,

4758.20, 4758.21, 4758.23, 4758.24, 4758.26,

4758.28, 4758.29, 4758.30, 4758.31, 4758.35,

4758.36, 4758.50, 4758.51, 4758.60, 4758.71,

4781.121, 4781.29, 4905.01, 4905.81, 4905.95,

4923.01, 4923.02, 4923.04, 4928.66, 5104.03,

5123.01, 5123.011, 5123.012, 5123.081, 5123.16,

5123.162, 5123.169, 5123.19, 5123.191, 5123.21,

5123.61, 5123.75, 5123.76, 5123.89, 5124.01,

5124.106, 5124.21, 5124.60, 5124.61, 5124.62,

5124.67, 5126.01, 5126.0219, 5126.041, 5126.046,

5126.051, 5126.08, 5126.21, 5126.25, 5126.42,

5126.43, 5126.45, 5139.05, 5139.34, 5139.36,

5139.41, 5164.34, 5164.342, 5513.01, and 5713.012;

to enact sections 164.261, 3123.90, 3317.162,

3721.122, 4758.48, 4758.62, 4758.63, 4758.64,

4909.157, 5122.36, 5123.0420, 5139.12, and

5139.45; to repeal sections 3125.191, 3702.93,

5124.63, and 5124.64 of the Revised Code; to amend

Sections 207.10, 209.30, 211.10, 221.10, 241.10,

257.10, 259.10, 263.10, 263.230, 263.240, 263.250,

263.270, 263.325, 275.10, 282.10, 282.30, 285.10,

285.20, 301.10, 327.10, 333.10, 333.80, 340.10,

359.10, 363.10, 365.10, 395.10, 403.10, 512.80,

and 751.10 of Am. Sub. H.B. 59 of the 130th

General Assembly; and to repeal Section 747.40 of

Am. Sub. H.B. 59 of the 130th General Assembly to

make operating and other appropriations and to

provide authorization and conditions for the

operation of state programs.

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

Section 101.01. That sections 7.10, 7.16, 9.482, 109.572,	46
109.5721, 111.15, 119.03, 122.121, 122.861, 124.32, 125.13,	47
125.182, 126.21, 126.25, 149.38, 153.56, 164.26, 173.27, 173.38,	48
191.01, 340.02, 340.021, 1321.535, 1321.55, 1322.03, 1322.031,	49
1322.04, 1322.041, 1322.051, 1322.06, 1509.071, 1533.10, 1533.11,	50
1533.12, 1711.50, 1711.53, 2151.417, 2151.421, 2152.19, 2701.09,	51
2945.402, 3123.89, 3313.90, 3313.91, 3314.08, 3317.02, 3317.0217,	52
3701.132, 3701.34, 3701.74, 3701.83, 3701.881, 3702.511, 3702.52,	53
3702.526, 3702.71, 3702.74, 3702.75, 3702.91, 3702.95, 3730.09,	54
3737.02, 4141.01, 4141.09, 4141.11, 4141.131, 4141.20, 4141.25,	55
4141.26, 4141.28, 4141.29, 4141.35, 4511.191, 4729.03, 4729.54,	56
4729.83, 4737.045, 4758.01, 4758.02, 4758.06, 4758.16, 4758.20,	57
4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29, 4758.30,	58
4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.60, 4758.71,	59
4781.121, 4781.29, 4905.01, 4905.81, 4905.95, 4923.01, 4923.02,	60
4923.04, 4928.66, 5104.03, 5123.01, 5123.011, 5123.012, 5123.081,	61
5123.16, 5123.162, 5123.169, 5123.19, 5123.191, 5123.21, 5123.61,	62
5123.75, 5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 5124.60,	63
5124.61, 5124.62, 5124.67, 5126.01, 5126.0219, 5126.041, 5126.046,	64
5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 5126.45,	65
5139.05, 5139.34, 5139.36, 5139.41, 5164.34, 5164.342, 5513.01,	66
and 5713.012 be amended; and sections 164.261, 3123.90, 3317.162,	67
3721.122, 4758.48, 4758.62, 4758.63, 4758.64, 4909.157, 5122.36,	68
5123.0420, 5139.12, and 5139.45 of the Revised Code be enacted to	69
read as follows:	70

Sec. 7.10. For the publication of advertisements, notices,	71
and proclamations, except those relating to proposed amendments to	72
the Ohio Constitution, required to be published by a public	73
officer of the state, a benevolent or other public institution, a	74
trustee, assignee, executor, or administrator, or by or in any	75
court of record, except when the rate is otherwise fixed by law,	76
publishers of newspapers may charge and receive for such	77
advertisements, notices, and proclamations rates charged on annual	78
contracts by them for a like amount of space to other advertisers	79
who advertise in its general display advertising columns.	80

For the publication of advertisements, notices, or	81
proclamations required to be published by a public officer of a	82
county, municipal corporation, township, school, or other	83
political subdivision, publishers of newspapers shall establish a	84
government rate~~, which shall include free publication of~~	85
~~advertisements, notices, or proclamations on the newspaper's~~	86
~~internet web site, if the newspaper has one~~. The government rate	87
shall not exceed the lowest classified advertising rate and lowest	88
insert rate paid by other advertisers.	89

Legal advertising appearing in print, except that relating to	90
proposed amendments to the Ohio Constitution, shall be set up in a	91
compact form, without unnecessary spaces, blanks, or headlines,	92
and printed in not smaller than six-point type. The type used must	93
be of such proportions that the body of the capital letter M is no	94
wider than it is high and all other letters and characters are in	95
proportion.	96

Except as provided in section 2701.09 of the Revised Code,	97
all legal advertisements or, notices, or proclamations shall be	98
printed in a newspaper of general circulation and shall be posted	99
by the newspaper publisher on the newspaper's internet web site,	100
if the newspaper has one. Publishers of newspapers may not charge	101
for posting advertisements, notices, and proclamations on the	102
newspaper's internet web site, if the newspaper has one.	103

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

104

(1) "State agency" means any organized body, office, agency,	105
institution, or other entity established by the laws of the state	106
for the exercise of any function of state government, including	107
state institutions of higher education, as defined in section	108
3345.011 of the Revised Code.	109

(2) "Political subdivision" has the meaning defined in	110
section 2744.01 of the Revised Code.	111

(B) If a section of the Revised Code or an administrative	112
rule requires a state agency or a political subdivision to publish	113
a notice or advertisement two or more times in a newspaper of	114
general circulation and the section or administrative rule refers	115
to this section, the first publication of the notice or	116
advertisement shall be made in its entirety in a newspaper of	117
general circulation and may be made in a preprinted insert in the	118
newspaper, but the second publication otherwise required by that	119
section or administrative rule may be made in abbreviated form in	120
a newspaper of general circulation in the state or in the	121
political subdivision, as designated in that section or	122
administrative rule, and on the newspaper's internet web site, if	123
the newspaper has one. The state agency or political subdivision	124
may eliminate any further newspaper publications required by that	125
section or administrative rule, provided that the second,	126
abbreviated notice or advertisement meets all of the following	127
requirements:	128

(1) It is published in the newspaper of general circulation	129
in which the first publication of the notice or advertisement was	130
made ~~and is published on that newspaper's internet web site, if~~	131
~~the newspaper has one~~.	132

(2) It is published on the ~~state~~official public notice web	133
site established under section 125.182 of the Revised Code. The	134
publisher of the newspaper shall post the notice or advertisement	135
on the official public notice web site at no additional cost.	136

(3) It includes a title, followed by a summary paragraph or	137
statement that clearly describes the specific purpose of the	138
notice or advertisement, and includes a statement that the notice	139
or advertisement is posted in its entirety on the ~~state~~official	140
public notice web site. The notice or advertisement also may be	141
posted on the state agency's or political subdivision's internet	142
web site.	143

(4) It includes the internet ~~addresses~~address of the ~~state~~	144
official public notice web site, ~~and of the newspaper's and state~~	145
~~agency's or political subdivision's internet web site if the~~	146
~~notice or advertisement is posted on those web sites,~~ and the	147
name, address, telephone number, and electronic mail address of	148
the state agency, political subdivision, or other party	149
responsible for publication of the notice or advertisement.	150

(C) A notice or advertisement published under this section on	151
an internet web site shall be published in its entirety in	152
accordance with the section of the Revised Code or the	153
administrative rule that requires the publication.	154

(D) If the ~~state~~official public notice web site established	155
under section 125.182 of the Revised Code is not operational, the	156
state agency or political subdivision shall not publish a notice	157
or advertisement under this section, but instead shall comply with	158
the publication requirements of the section of the Revised Code or	159
the administrative rule that refers to this section.	160

Sec. 9.482. (A) As used in this section~~, "political~~:

161

(1) "Political subdivision" has the meaning defined in	162
section 2744.01 of the Revised Code.	163

(2) "State agency" means any organized body, office, agency,	164
institution, or other entity established by the laws of the state	165
for the exercise of any function of state government. The term	166
includes a state institution of higher education as defined in	167
section 3345.011 of the Revised Code.	168

(B)(1) When legally authorized ~~by their respective~~	169
~~legislative authorities~~to do so, a political subdivision may	170
enter into an agreement with another political subdivision or a	171
state agency whereby athe contracting political subdivision or	172
state agency agrees to exercise any power, perform any function,	173
or render any service for ~~another~~the contracting recipient	174
political subdivision that the contracting recipient political	175
subdivision is otherwise legally authorized to exercise, perform,	176
or render.	177

In(2) When legally authorized to do so, a state agency may	178
enter into an agreement with a political subdivision whereby the	179
contracting political subdivision agrees to exercise any power,	180
perform any function, or render any service for the contracting	181
recipient state agency that the contracting recipient state agency	182
is otherwise legally authorized to exercise, perform, or render.	183

(C) In the absence in the agreement of provisions determining	184
by what officer, office, department, agency, or other authority	185
the powers and duties of a contracting political subdivision shall	186
be exercised or performed, the legislative authority of the	187
contracting political subdivision shall determine and assign the	188
powers and duties.	189

An agreement shall not suspend the possession by a	190
contracting recipient political subdivision or state agency of any	191
power or function that is exercised or performed on its behalf by	192
~~another~~the other contracting political subdivision or the	193
contracting state agency under the agreement.	194

A political subdivision shall not enter into an agreement to	195
levy any tax or to exercise, with regard to public moneys, any	196
investment powers, perform any investment function, or render any	197
investment service on behalf of a contracting subdivision. Nothing	198
in this paragraph prohibits a political subdivision from entering	199
into an agreement to collect, administer, or enforce any tax on	200
behalf of another political subdivision or to limit the authority	201
of political subdivisions to create and operate joint economic	202
development zones or joint economic development districts as	203
provided in sections 715.69 to 715.83 of the Revised Code.	204

~~(C)~~(D) No county elected officer may be required to exercise	205
any power, perform any function, or render any service under an	206
agreement entered into under this section without the written	207
consent of the county elected officer. No county may enter into an	208
agreement under this section for the exercise, performance, or	209
rendering of any statutory powers, functions, or services of any	210
county elected officer without the written consent of the county	211
elected officer.	212

~~(D)~~(E) No power shall be exercised, no function shall be	213
performed, and no service shall be rendered by a contracting	214
political subdivision or state agency pursuant to an agreement	215
entered into under this section within a political subdivision	216
that is not a party to the agreement, without first obtaining the	217
written consent of the political subdivision that is not a party	218
to the agreement and within which the power is to be exercised, a	219
function is to be performed, or a service is to be rendered.	220

~~(E)~~(F) Chapter 2744. of the Revised Code, insofar as it	221
applies to the operation of a political subdivision, applies to	222
the political subdivisions that are parties to an agreement and to	223
their employees when they are rendering a service outside the	224
boundaries of their employing political subdivision under the	225
agreement. Employees acting outside the boundaries of their	226
employing political subdivision while providing a service under an	227
agreement may participate in any pension or indemnity fund	228
established by the political subdivision to the same extent as	229
while they are acting within the boundaries of the political	230
subdivision, and are entitled to all the rights and benefits of	231
Chapter 4123. of the Revised Code to the same extent as while they	232
are performing a service within the boundaries of the political	233
subdivision.	234

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	235
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	236
a completed form prescribed pursuant to division (C)(1) of this	237
section, and a set of fingerprint impressions obtained in the	238
manner described in division (C)(2) of this section, the	239
superintendent of the bureau of criminal identification and	240
investigation shall conduct a criminal records check in the manner	241
described in division (B) of this section to determine whether any	242
information exists that indicates that the person who is the	243
subject of the request previously has been convicted of or pleaded	244
guilty to any of the following:	245

(a) A violation of section 2903.01, 2903.02, 2903.03,	246
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	247
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	248
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	249
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	250
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	251
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	252
2925.06, or 3716.11 of the Revised Code, felonious sexual	253
penetration in violation of former section 2907.12 of the Revised	254
Code, a violation of section 2905.04 of the Revised Code as it	255
existed prior to July 1, 1996, a violation of section 2919.23 of	256
the Revised Code that would have been a violation of section	257
2905.04 of the Revised Code as it existed prior to July 1, 1996,	258
had the violation been committed prior to that date, or a	259
violation of section 2925.11 of the Revised Code that is not a	260
minor drug possession offense;	261

(b) A violation of an existing or former law of this state,	262
any other state, or the United States that is substantially	263
equivalent to any of the offenses listed in division (A)(1)(a) of	264
this section;	265

(c) If the request is made pursuant to section 3319.39 of the	266
Revised Code for an applicant who is a teacher, any offense	267
specified in section 3319.31 of the Revised Code.	268

(2) On receipt of a request pursuant to section 3712.09 or	269
3721.121 of the Revised Code, a completed form prescribed pursuant	270
to division (C)(1) of this section, and a set of fingerprint	271
impressions obtained in the manner described in division (C)(2) of	272
this section, the superintendent of the bureau of criminal	273
identification and investigation shall conduct a criminal records	274
check with respect to any person who has applied for employment in	275
a position for which a criminal records check is required by those	276
sections. The superintendent shall conduct the criminal records	277
check in the manner described in division (B) of this section to	278
determine whether any information exists that indicates that the	279
person who is the subject of the request previously has been	280
convicted of or pleaded guilty to any of the following:	281

(a) A violation of section 2903.01, 2903.02, 2903.03,	282
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	283
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	284
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	285
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	286
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	287
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	288
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	289
2925.22, 2925.23, or 3716.11 of the Revised Code;	290

(b) An existing or former law of this state, any other state,	291
or the United States that is substantially equivalent to any of	292
the offenses listed in division (A)(2)(a) of this section.	293

(3) On receipt of a request pursuant to section 173.27,	294
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or	295
5123.169 of the Revised Code, a completed form prescribed pursuant	296
to division (C)(1) of this section, and a set of fingerprint	297
impressions obtained in the manner described in division (C)(2) of	298
this section, the superintendent of the bureau of criminal	299
identification and investigation shall conduct a criminal records	300
check of the person for whom the request is made. The	301
superintendent shall conduct the criminal records check in the	302
manner described in division (B) of this section to determine	303
whether any information exists that indicates that the person who	304
is the subject of the request previously has been convicted of,	305
~~has~~or pleaded guilty to~~, or (except in the case of a request~~	306
~~pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised~~	307
~~Code) has been found eligible for intervention in lieu of~~	308
~~conviction for~~ any of the following, regardless of the date of the	309
conviction~~, the date~~or of the entry of the guilty plea~~, or~~	310
~~(except in the case of a request pursuant to section 5164.34,~~	311
~~5164.341, or 5164.342 of the Revised Code) the date the person was~~	312
~~found eligible for intervention in lieu of conviction~~:	313

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	314
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	315
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	316
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	317
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	318
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	319
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	320
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	321
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	322
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	323
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	324
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	325
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	326
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	327
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	328
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	329
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	330
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	331
2927.12, or 3716.11 of the Revised Code;	332

(b) Felonious sexual penetration in violation of former	333
section 2907.12 of the Revised Code;	334

(c) A violation of section 2905.04 of the Revised Code as it	335
existed prior to July 1, 1996;	336

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	337
the Revised Code when the underlying offense that is the object of	338
the conspiracy, attempt, or complicity is one of the offenses	339
listed in divisions (A)(3)(a) to (c) of this section;	340

(e) A violation of an existing or former municipal ordinance	341
or law of this state, any other state, or the United States that	342
is substantially equivalent to any of the offenses listed in	343
divisions (A)(3)(a) to (d) of this section.	344

(4) On receipt of a request pursuant to section 2151.86 of	345
the Revised Code, a completed form prescribed pursuant to division	346
(C)(1) of this section, and a set of fingerprint impressions	347
obtained in the manner described in division (C)(2) of this	348
section, the superintendent of the bureau of criminal	349
identification and investigation shall conduct a criminal records	350
check in the manner described in division (B) of this section to	351
determine whether any information exists that indicates that the	352
person who is the subject of the request previously has been	353
convicted of or pleaded guilty to any of the following:	354

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	355
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	356
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	357
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	358
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	359
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	360
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	361
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	362
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	363
of the Revised Code, a violation of section 2905.04 of the Revised	364
Code as it existed prior to July 1, 1996, a violation of section	365
2919.23 of the Revised Code that would have been a violation of	366
section 2905.04 of the Revised Code as it existed prior to July 1,	367
1996, had the violation been committed prior to that date, a	368
violation of section 2925.11 of the Revised Code that is not a	369
minor drug possession offense, two or more OVI or OVUAC violations	370
committed within the three years immediately preceding the	371
submission of the application or petition that is the basis of the	372
request, or felonious sexual penetration in violation of former	373
section 2907.12 of the Revised Code;	374

(b) A violation of an existing or former law of this state,	375
any other state, or the United States that is substantially	376
equivalent to any of the offenses listed in division (A)(4)(a) of	377
this section.	378

(5) Upon receipt of a request pursuant to section 5104.012 or	379
5104.013 of the Revised Code, a completed form prescribed pursuant	380
to division (C)(1) of this section, and a set of fingerprint	381
impressions obtained in the manner described in division (C)(2) of	382
this section, the superintendent of the bureau of criminal	383
identification and investigation shall conduct a criminal records	384
check in the manner described in division (B) of this section to	385
determine whether any information exists that indicates that the	386
person who is the subject of the request has been convicted of or	387
pleaded guilty to any of the following:	388

(a) A violation of section 2903.01, 2903.02, 2903.03,	389
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	390
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	391
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	392
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	393
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	394
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	395
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	396
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	397
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	398
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	399
3716.11 of the Revised Code, felonious sexual penetration in	400
violation of former section 2907.12 of the Revised Code, a	401
violation of section 2905.04 of the Revised Code as it existed	402
prior to July 1, 1996, a violation of section 2919.23 of the	403
Revised Code that would have been a violation of section 2905.04	404
of the Revised Code as it existed prior to July 1, 1996, had the	405
violation been committed prior to that date, a violation of	406
section 2925.11 of the Revised Code that is not a minor drug	407
possession offense, a violation of section 2923.02 or 2923.03 of	408
the Revised Code that relates to a crime specified in this	409
division, or a second violation of section 4511.19 of the Revised	410
Code within five years of the date of application for licensure or	411
certification.	412

(b) A violation of an existing or former law of this state,	413
any other state, or the United States that is substantially	414
equivalent to any of the offenses or violations described in	415
division (A)(5)(a) of this section.	416

(6) Upon receipt of a request pursuant to section 5153.111 of	417
the Revised Code, a completed form prescribed pursuant to division	418
(C)(1) of this section, and a set of fingerprint impressions	419
obtained in the manner described in division (C)(2) of this	420
section, the superintendent of the bureau of criminal	421
identification and investigation shall conduct a criminal records	422
check in the manner described in division (B) of this section to	423
determine whether any information exists that indicates that the	424
person who is the subject of the request previously has been	425
convicted of or pleaded guilty to any of the following:	426

(a) A violation of section 2903.01, 2903.02, 2903.03,	427
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	428
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	429
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	430
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	431
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	432
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	433
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	434
felonious sexual penetration in violation of former section	435
2907.12 of the Revised Code, a violation of section 2905.04 of the	436
Revised Code as it existed prior to July 1, 1996, a violation of	437
section 2919.23 of the Revised Code that would have been a	438
violation of section 2905.04 of the Revised Code as it existed	439
prior to July 1, 1996, had the violation been committed prior to	440
that date, or a violation of section 2925.11 of the Revised Code	441
that is not a minor drug possession offense;	442

(b) A violation of an existing or former law of this state,	443
any other state, or the United States that is substantially	444
equivalent to any of the offenses listed in division (A)(6)(a) of	445
this section.	446

(7) On receipt of a request for a criminal records check from	447
an individual pursuant to section 4749.03 or 4749.06 of the	448
Revised Code, accompanied by a completed copy of the form	449
prescribed in division (C)(1) of this section and a set of	450
fingerprint impressions obtained in a manner described in division	451
(C)(2) of this section, the superintendent of the bureau of	452
criminal identification and investigation shall conduct a criminal	453
records check in the manner described in division (B) of this	454
section to determine whether any information exists indicating	455
that the person who is the subject of the request has been	456
convicted of or pleaded guilty to a felony in this state or in any	457
other state. If the individual indicates that a firearm will be	458
carried in the course of business, the superintendent shall	459
require information from the federal bureau of investigation as	460
described in division (B)(2) of this section. Subject to division	461
(F) of this section, the superintendent shall report the findings	462
of the criminal records check and any information the federal	463
bureau of investigation provides to the director of public safety.	464

(8) On receipt of a request pursuant to section 1321.37,	465
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	466
Code, a completed form prescribed pursuant to division (C)(1) of	467
this section, and a set of fingerprint impressions obtained in the	468
manner described in division (C)(2) of this section, the	469
superintendent of the bureau of criminal identification and	470
investigation shall conduct a criminal records check with respect	471
to any person who has applied for a license, permit, or	472
certification from the department of commerce or a division in the	473
department. The superintendent shall conduct the criminal records	474
check in the manner described in division (B) of this section to	475
determine whether any information exists that indicates that the	476
person who is the subject of the request previously has been	477
convicted of or pleaded guilty to any of the following: a	478
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	479
2925.03 of the Revised Code; any other criminal offense involving	480
theft, receiving stolen property, embezzlement, forgery, fraud,	481
passing bad checks, money laundering, or drug trafficking, or any	482
criminal offense involving money or securities, as set forth in	483
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	484
the Revised Code; or any existing or former law of this state, any	485
other state, or the United States that is substantially equivalent	486
to those offenses.	487

(9) On receipt of a request for a criminal records check from	488
the treasurer of state under section 113.041 of the Revised Code	489
or from an individual under section 4701.08, 4715.101, 4717.061,	490
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	491
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	492
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	493
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	494
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code,	495
accompanied by a completed form prescribed under division (C)(1)	496
of this section and a set of fingerprint impressions obtained in	497
the manner described in division (C)(2) of this section, the	498
superintendent of the bureau of criminal identification and	499
investigation shall conduct a criminal records check in the manner	500
described in division (B) of this section to determine whether any	501
information exists that indicates that the person who is the	502
subject of the request has been convicted of or pleaded guilty to	503
any criminal offense in this state or any other state. Subject to	504
division (F) of this section, the superintendent shall send the	505
results of a check requested under section 113.041 of the Revised	506
Code to the treasurer of state and shall send the results of a	507
check requested under any of the other listed sections to the	508
licensing board specified by the individual in the request.	509

(10) On receipt of a request pursuant to section 1121.23,	510
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	511
Code, a completed form prescribed pursuant to division (C)(1) of	512
this section, and a set of fingerprint impressions obtained in the	513
manner described in division (C)(2) of this section, the	514
superintendent of the bureau of criminal identification and	515
investigation shall conduct a criminal records check in the manner	516
described in division (B) of this section to determine whether any	517
information exists that indicates that the person who is the	518
subject of the request previously has been convicted of or pleaded	519
guilty to any criminal offense under any existing or former law of	520
this state, any other state, or the United States.	521

(11) On receipt of a request for a criminal records check	522
from an appointing or licensing authority under section 3772.07 of	523
the Revised Code, a completed form prescribed under division	524
(C)(1) of this section, and a set of fingerprint impressions	525
obtained in the manner prescribed in division (C)(2) of this	526
section, the superintendent of the bureau of criminal	527
identification and investigation shall conduct a criminal records	528
check in the manner described in division (B) of this section to	529
determine whether any information exists that indicates that the	530
person who is the subject of the request previously has been	531
convicted of or pleaded guilty or no contest to any offense under	532
any existing or former law of this state, any other state, or the	533
United States that is a disqualifying offense as defined in	534
section 3772.07 of the Revised Code or substantially equivalent to	535
such an offense.	536

(12) On receipt of a request pursuant to section 2151.33 or	537
2151.412 of the Revised Code, a completed form prescribed pursuant	538
to division (C)(1) of this section, and a set of fingerprint	539
impressions obtained in the manner described in division (C)(2) of	540
this section, the superintendent of the bureau of criminal	541
identification and investigation shall conduct a criminal records	542
check with respect to any person for whom a criminal records check	543
is required by that section. The superintendent shall conduct the	544
criminal records check in the manner described in division (B) of	545
this section to determine whether any information exists that	546
indicates that the person who is the subject of the request	547
previously has been convicted of or pleaded guilty to any of the	548
following:	549

(a) A violation of section 2903.01, 2903.02, 2903.03,	550
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	551
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	552
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	553
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	554
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	555
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	556
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	557
2925.22, 2925.23, or 3716.11 of the Revised Code;	558

(b) An existing or former law of this state, any other state,	559
or the United States that is substantially equivalent to any of	560
the offenses listed in division (A)(12)(a) of this section.	561

(B) Subject to division (F) of this section, the	562
superintendent shall conduct any criminal records check to be	563
conducted under this section as follows:	564

(1) The superintendent shall review or cause to be reviewed	565
any relevant information gathered and compiled by the bureau under	566
division (A) of section 109.57 of the Revised Code that relates to	567
the person who is the subject of the criminal records check,	568
including, if the criminal records check was requested under	569
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03,	570
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	571
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	572
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	573
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or	574
5153.111 of the Revised Code, any relevant information contained	575
in records that have been sealed under section 2953.32 of the	576
Revised Code;	577

(2) If the request received by the superintendent asks for	578
information from the federal bureau of investigation, the	579
superintendent shall request from the federal bureau of	580
investigation any information it has with respect to the person	581
who is the subject of the criminal records check, including	582
fingerprint-based checks of national crime information databases	583
as described in 42 U.S.C. 671 if the request is made pursuant to	584
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	585
any other Revised Code section requires fingerprint-based checks	586
of that nature, and shall review or cause to be reviewed any	587
information the superintendent receives from that bureau. If a	588
request under section 3319.39 of the Revised Code asks only for	589
information from the federal bureau of investigation, the	590
superintendent shall not conduct the review prescribed by division	591
(B)(1) of this section.	592

(3) The superintendent or the superintendent's designee may	593
request criminal history records from other states or the federal	594
government pursuant to the national crime prevention and privacy	595
compact set forth in section 109.571 of the Revised Code.	596

(4) The superintendent shall include in the results of the	597
criminal records check a list or description of the offenses	598
listed or described in division (A)(1), (2), (3), (4), (5), (6),	599
(7), (8), (9), (10), (11), or (12) of this section, whichever	600
division requires the superintendent to conduct the criminal	601
records check. The superintendent shall exclude from the results	602
any information the dissemination of which is prohibited by	603
federal law.	604

(5) The superintendent shall send the results of the criminal	605
records check to the person to whom it is to be sent not later	606
than the following number of days after the date the	607
superintendent receives the request for the criminal records	608
check, the completed form prescribed under division (C)(1) of this	609
section, and the set of fingerprint impressions obtained in the	610
manner described in division (C)(2) of this section:	611

(a) If the superintendent is required by division (A) of this	612
section (other than division (A)(3) of this section) to conduct	613
the criminal records check, thirty;	614

(b) If the superintendent is required by division (A)(3) of	615
this section to conduct the criminal records check, sixty.	616

(C)(1) The superintendent shall prescribe a form to obtain	617
the information necessary to conduct a criminal records check from	618
any person for whom a criminal records check is to be conducted	619
under this section. The form that the superintendent prescribes	620
pursuant to this division may be in a tangible format, in an	621
electronic format, or in both tangible and electronic formats.	622

(2) The superintendent shall prescribe standard impression	623
sheets to obtain the fingerprint impressions of any person for	624
whom a criminal records check is to be conducted under this	625
section. Any person for whom a records check is to be conducted	626
under this section shall obtain the fingerprint impressions at a	627
county sheriff's office, municipal police department, or any other	628
entity with the ability to make fingerprint impressions on the	629
standard impression sheets prescribed by the superintendent. The	630
office, department, or entity may charge the person a reasonable	631
fee for making the impressions. The standard impression sheets the	632
superintendent prescribes pursuant to this division may be in a	633
tangible format, in an electronic format, or in both tangible and	634
electronic formats.	635

(3) Subject to division (D) of this section, the	636
superintendent shall prescribe and charge a reasonable fee for	637
providing a criminal records check under this section. The person	638
requesting the criminal records check shall pay the fee prescribed	639
pursuant to this division. In the case of a request under section	640
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	641
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in	642
the manner specified in that section.	643

(4) The superintendent of the bureau of criminal	644
identification and investigation may prescribe methods of	645
forwarding fingerprint impressions and information necessary to	646
conduct a criminal records check, which methods shall include, but	647
not be limited to, an electronic method.	648

(D) The results of a criminal records check conducted under	649
this section, other than a criminal records check specified in	650
division (A)(7) of this section, are valid for the person who is	651
the subject of the criminal records check for a period of one year	652
from the date upon which the superintendent completes the criminal	653
records check. If during that period the superintendent receives	654
another request for a criminal records check to be conducted under	655
this section for that person, the superintendent shall provide the	656
results from the previous criminal records check of the person at	657
a lower fee than the fee prescribed for the initial criminal	658
records check.	659

(E) When the superintendent receives a request for	660
information from a registered private provider, the superintendent	661
shall proceed as if the request was received from a school	662
district board of education under section 3319.39 of the Revised	663
Code. The superintendent shall apply division (A)(1)(c) of this	664
section to any such request for an applicant who is a teacher.	665

(F)(1) All information regarding the results of a criminal	666
records check conducted under this section that the superintendent	667
reports or sends under division (A)(7) or (9) of this section to	668
the director of public safety, the treasurer of state, or the	669
person, board, or entity that made the request for the criminal	670
records check shall relate to the conviction of the subject	671
person, or the subject person's plea of guilty to, a criminal	672
offense.	673

(2) Division (F)(1) of this section does not limit, restrict,	674
or preclude the superintendent's release of information that	675
relates to an adjudication of a child as a delinquent child, or	676
that relates to a criminal conviction of a person under eighteen	677
years of age if the person's case was transferred back to a	678
juvenile court under division (B)(2) or (3) of section 2152.121 of	679
the Revised Code and the juvenile court imposed a disposition or	680
serious youthful offender disposition upon the person under either	681
division, if either of the following applies with respect to the	682
adjudication or conviction:	683

(a) The adjudication or conviction was for a violation of	684
section 2903.01 or 2903.02 of the Revised Code.	685

(b) The adjudication or conviction was for a sexually	686
oriented offense, as defined in section 2950.01 of the Revised	687
Code, the juvenile court was required to classify the child a	688
juvenile offender registrant for that offense under section	689
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	690
classification has not been removed.	691

(G) As used in this section:

692

(1) "Criminal records check" means any criminal records check	693
conducted by the superintendent of the bureau of criminal	694
identification and investigation in accordance with division (B)	695
of this section.	696

(2) "Minor drug possession offense" has the same meaning as	697
in section 2925.01 of the Revised Code.	698

(3) "OVI or OVUAC violation" means a violation of section	699
4511.19 of the Revised Code or a violation of an existing or	700
former law of this state, any other state, or the United States	701
that is substantially equivalent to section 4511.19 of the Revised	702
Code.	703

(4) "Registered private provider" means a nonpublic school or	704
entity registered with the superintendent of public instruction	705
under section 3310.41 of the Revised Code to participate in the	706
autism scholarship program or section 3310.58 of the Revised Code	707
to participate in the Jon Peterson special needs scholarship	708
program.	709

Sec. 109.5721. (A) As used in this section:

710

(1) "Employment" includes volunteer service.

711

(2) "Licensure" means the authorization, evidenced by a	712
license, certificate, registration, permit, or other authority	713
that is issued or conferred by a public office, to engage in a	714
profession, occupation, or occupational activity, to be a foster	715
caregiver, or to have control of and operate certain specific	716
equipment, machinery, or premises over which a public office has	717
jurisdiction.	718

(3) "Participating public office" means a public office that	719
requires a fingerprint background check as a condition of	720
employment with, licensure by, or approval for adoption by the	721
public office and that elects to receive notice under division (C)	722
of this section in accordance with rules adopted by the attorney	723
general.	724

(4) "Public office" has the same meaning as in section 117.01	725
of the Revised Code.	726

(5) "Participating private party" means any person or private	727
entity that is allowed to request a criminal records check	728
pursuant to divisions (A)(2) or (3) of section 109.572 of the	729
Revised Code.	730

(B) Within six months after August 15, 2007, the	731
superintendent of the bureau of criminal identification and	732
investigation shall establish and maintain a database of	733
fingerprints of individuals on whom the bureau has conducted	734
criminal records checks for the purpose of determining eligibility	735
for employment with, licensure by, or approval for adoption by a	736
public office or participating private party. The superintendent	737
shall maintain the database separate and apart from other records	738
maintained by the bureau. The database shall be known as the	739
retained applicant fingerprint database.	740

(C) When the superintendent receives information that an	741
individual whose name is in the retained applicant fingerprint	742
database has been arrested for, convicted of, or pleaded guilty to	743
any offense, the superintendent shall promptly notify any	744
participating public office or participating private party that	745
employs, licensed, or approved the individual of the arrest,	746
conviction, or guilty plea. The public office or participating	747
private party that receives the notification and its employees and	748
officers shall use the information contained in the notification	749
solely to determine the individual's eligibility for continued	750
employment with the public office or participating private party,	751
to retain licensure issued by the public office, or to be approved	752
for adoption by the public office. The public office or	753
participating private party and its employees and officers shall	754
not disclose that information to any person for any other purpose.	755

(D) If an individual has submitted fingerprint impressions	756
for employment with, licensure by, or approval for adoption by a	757
participating public office or participating private party and	758
seeks employment with, licensure by, or approval for adoption by	759
another participating public office or participating private	760
party, the other public office or participating private party	761
shall reprint the individual. If an individual has been reprinted,	762
the superintendent shall update that individual's information	763
accordingly.	764

(E) The bureau of criminal identification and investigation	765
and the participating public office or participating private party	766
shall use information contained in the retained applicant	767
fingerprint database and in the notice described in division (C)	768
of this section for the purpose of employment with, licensure by,	769
or approval for adoption by the participating public office or	770
participating private party. This information is otherwise	771
confidential and not a public record under section 149.43 of the	772
Revised Code.	773

(F) The attorney general shall adopt rules in accordance with	774
Chapter 119. of the Revised Code governing the operation and	775
maintenance of the database. The rules shall provide for, but not	776
be limited to, both of the following:	777

(1) The expungement or sealing of records of individuals who	778
are deceased or who are no longer employed, granted licensure, or	779
approved for adoption by the public office or participating	780
private party that required submission of the individual's	781
fingerprints;	782

(2) The terms under which a public office or participating	783
private party may elect to receive notification under division (C)	784
of this section, including payment of any reasonable fee that may	785
be charged for the purpose.	786

(G) No public office or employee of a public office shall be	787
considered negligent in a civil action solely because the public	788
office did not elect to be a participating public office.	789

(H)(1) No person shall knowingly use information contained in	790
or received from the retained applicant fingerprint database for	791
purposes not authorized by this section.	792

(2) No person shall knowingly use information contained in or	793
received from the retained applicant fingerprint database with the	794
intent to harass or intimidate another person.	795

(3) Whoever violates division (H)(1) or (H)(2) of this	796
section is guilty of unlawful use of retained applicant	797
fingerprint database records. A violation of division (H)(1) of	798
this section is a misdemeanor of the fourth degree. A violation of	799
division (H)(2) of this section is a misdemeanor of the first	800
degree.	801

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

802

(1) "Rule" includes any rule, regulation, bylaw, or standard	803
having a general and uniform operation adopted by an agency under	804
the authority of the laws governing the agency; any appendix to a	805
rule; and any internal management rule. "Rule" does not include	806
any guideline adopted pursuant to section 3301.0714 of the Revised	807
Code, any order respecting the duties of employees, any finding,	808
any determination of a question of law or fact in a matter	809
presented to an agency, or any rule promulgated pursuant to	810
Chapter 119., section 4141.14, division (C)(1) or (2) of section	811
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	812
any amendment or rescission of a rule.	813

(2) "Agency" means any governmental entity of the state and	814
includes, but is not limited to, any board, department, division,	815
commission, bureau, society, council, institution, state college	816
or university, community college district, technical college	817
district, or state community college. "Agency" does not include	818
the general assembly, the controlling board, the adjutant	819
general's department, or any court.	820

(3) "Internal management rule" means any rule, regulation,	821
bylaw, or standard governing the day-to-day staff procedures and	822
operations within an agency.	823

(4) "Substantive revision" has the same meaning as in	824
division (J) of section 119.01 of the Revised Code.	825

(B)(1) Any rule, other than a rule of an emergency nature,	826
adopted by any agency pursuant to this section shall be effective	827
on the tenth day after the day on which the rule in final form and	828
in compliance with division (B)(3) of this section is filed as	829
follows:	830

(a) The rule shall be filed in electronic form with both the	831
secretary of state and the director of the legislative service	832
commission;	833

(b) The rule shall be filed in electronic form with the joint	834
committee on agency rule review. Division (B)(1)(b) of this	835
section does not apply to any rule to which division (D) of this	836
section does not apply.	837

An agency that adopts or amends a rule that is subject to	838
division (D) of this section shall assign a review date to the	839
rule that is not later than five years after its effective date.	840
If no review date is assigned to a rule, or if a review date	841
assigned to a rule exceeds the five-year maximum, the review date	842
for the rule is five years after its effective date. A rule with a	843
review date is subject to review under section 119.032 of the	844
Revised Code. This paragraph does not apply to a rule of a state	845
college or university, community college district, technical	846
college district, or state community college.	847

If all filings are not completed on the same day, the rule	848
shall be effective on the tenth day after the day on which the	849
latest filing is completed. If an agency in adopting a rule	850
designates an effective date that is later than the effective date	851
provided for by division (B)(1) of this section, the rule if filed	852
as required by such division shall become effective on the later	853
date designated by the agency.	854

Any rule that is required to be filed under division (B)(1)	855
of this section is also subject to division (D) of this section if	856
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	857
(8) of this section.	858

If a rule incorporates a text or other material by reference,	859
the agency shall comply with sections 121.71 to 121.76 of the	860
Revised Code.	861

(2) A rule of an emergency nature necessary for the immediate	862
preservation of the public peace, health, or safety shall state	863
the reasons for the necessity. The emergency rule, in final form	864
and in compliance with division (B)(3) of this section, shall be	865
filed in electronic form with the secretary of state, the director	866
of the legislative service commission, and the joint committee on	867
agency rule review. The emergency rule is effective immediately	868
upon completion of the latest filing, except that if the agency in	869
adopting the emergency rule designates an effective date, or date	870
and time of day, that is later than the effective date and time	871
provided for by division (B)(2) of this section, the emergency	872
rule if filed as required by such division shall become effective	873
at the later date, or later date and time of day, designated by	874
the agency.	875

An emergency rule becomes invalid at the end of the ~~ninetieth~~	876
one hundred twentieth day it is in effect. Prior to that date, the	877
agency may file the emergency rule as a nonemergency rule in	878
compliance with division (B)(1) of this section. The agency may	879
not refile the emergency rule in compliance with division (B)(2)	880
of this section so that, upon the emergency rule becoming invalid	881
under such division, the emergency rule will continue in effect	882
without interruption for another ~~ninety-day~~one hundred twenty-day	883
period.	884

(3) An agency shall file a rule under division (B)(1) or (2)	885
of this section in compliance with the following standards and	886
procedures:	887

(a) The rule shall be numbered in accordance with the	888
numbering system devised by the director for the Ohio	889
administrative code.	890

(b) The rule shall be prepared and submitted in compliance	891
with the rules of the legislative service commission.	892

(c) The rule shall clearly state the date on which it is to	893
be effective and the date on which it will expire, if known.	894

(d) Each rule that amends or rescinds another rule shall	895
clearly refer to the rule that is amended or rescinded. Each	896
amendment shall fully restate the rule as amended.	897

If the director of the legislative service commission or the	898
director's designee gives an agency notice pursuant to section	899
103.05 of the Revised Code that a rule filed by the agency is not	900
in compliance with the rules of the legislative service	901
commission, the agency shall within thirty days after receipt of	902
the notice conform the rule to the rules of the commission as	903
directed in the notice.	904

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	905
of this section shall be recorded by the secretary of state and	906
the director under the title of the agency adopting the rule and	907
shall be numbered according to the numbering system devised by the	908
director. The secretary of state and the director shall preserve	909
the rules in an accessible manner. Each such rule shall be a	910
public record open to public inspection and may be transmitted to	911
any law publishing company that wishes to reproduce it.	912

(D) At least sixty-five days before a board, commission,	913
department, division, or bureau of the government of the state	914
files a rule under division (B)(1) of this section, it shall file	915
the full text of the proposed rule in electronic form with the	916
joint committee on agency rule review, and the proposed rule is	917
subject to legislative review and invalidation under division (I)	918
of section 119.03 of the Revised Code. If a state board,	919
commission, department, division, or bureau makes a substantive	920
revision in a proposed rule after it is filed with the joint	921
committee, the state board, commission, department, division, or	922
bureau shall promptly file the full text of the proposed rule in	923
its revised form in electronic form with the joint committee. The	924
latest version of a proposed rule as filed with the joint	925
committee supersedes each earlier version of the text of the same	926
proposed rule. A state board, commission, department, division, or	927
bureau shall also file the rule summary and fiscal analysis	928
prepared under section 127.18 of the Revised Code in electronic	929
form along with a proposed rule, and along with a proposed rule in	930
revised form, that is filed under this division. If a proposed	931
rule has an adverse impact on businesses, the state board,	932
commission, department, division, or bureau also shall file the	933
business impact analysis, any recommendations received from the	934
common sense initiative office, and the associated memorandum of	935
response, if any, in electronic form along with the proposed rule,	936
or the proposed rule in revised form, that is filed under this	937
division.	938

As used in this division, "commission" includes the public	939
utilities commission when adopting rules under a federal or state	940
statute.	941

This division does not apply to any of the following:

942

(1) A proposed rule of an emergency nature;

943

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	944
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	945
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	946
Code;	947

(3) A rule proposed by an agency other than a board,	948
commission, department, division, or bureau of the government of	949
the state;	950

(4) A proposed internal management rule of a board,	951
commission, department, division, or bureau of the government of	952
the state;	953

(5) Any proposed rule that must be adopted verbatim by an	954
agency pursuant to federal law or rule, to become effective within	955
sixty days of adoption, in order to continue the operation of a	956
federally reimbursed program in this state, so long as the	957
proposed rule contains both of the following:	958

(a) A statement that it is proposed for the purpose of	959
complying with a federal law or rule;	960

(b) A citation to the federal law or rule that requires	961
verbatim compliance.	962

(6) An initial rule proposed by the director of health to	963
impose safety standards and quality-of-care standards with respect	964
to a health service specified in section 3702.11 of the Revised	965
Code, or an initial rule proposed by the director to impose	966
quality standards on a facility listed in division (A)(4) of	967
section 3702.30 of the Revised Code, if section 3702.12 of the	968
Revised Code requires that the rule be adopted under this section;	969

(7) A rule of the state lottery commission pertaining to	970
instant game rules.	971

If a rule is exempt from legislative review under division	972
(D)(5) of this section, and if the federal law or rule pursuant to	973
which the rule was adopted expires, is repealed or rescinded, or	974
otherwise terminates, the rule is thereafter subject to	975
legislative review under division (D) of this section.	976

(E) Whenever a state board, commission, department, division,	977
or bureau files a proposed rule or a proposed rule in revised form	978
under division (D) of this section, it shall also file the full	979
text of the same proposed rule or proposed rule in revised form in	980
electronic form with the secretary of state and the director of	981
the legislative service commission. A state board, commission,	982
department, division, or bureau shall file the rule summary and	983
fiscal analysis prepared under section 127.18 of the Revised Code	984
in electronic form along with a proposed rule or proposed rule in	985
revised form that is filed with the secretary of state or the	986
director of the legislative service commission.	987

Sec. 119.03. In the adoption, amendment, or rescission of	988
any rule, an agency shall comply with the following procedure:	989

(A) Reasonable public notice shall be given in the register	990
of Ohio at least thirty days prior to the date set for a hearing,	991
in the form the agency determines. The agency shall file copies of	992
the public notice under division (B) of this section. (The agency	993
gives public notice in the register of Ohio when the public notice	994
is published in the register under that division.)	995

The public notice shall include:

996

(1) A statement of the agency's intention to consider	997
adopting, amending, or rescinding a rule;	998

(2) A synopsis of the proposed rule, amendment, or rule to be	999
rescinded or a general statement of the subject matter to which	1000
the proposed rule, amendment, or rescission relates;	1001

(3) A statement of the reason or purpose for adopting,	1002
amending, or rescinding the rule;	1003

(4) The date, time, and place of a hearing on the proposed	1004
action, which shall be not earlier than the thirty-first nor later	1005
than the fortieth day after the proposed rule, amendment, or	1006
rescission is filed under division (B) of this section.	1007

In addition to public notice given in the register of Ohio,	1008
the agency may give whatever other notice it reasonably considers	1009
necessary to ensure notice constructively is given to all persons	1010
who are subject to or affected by the proposed rule, amendment, or	1011
rescission.	1012

The agency shall provide a copy of the public notice required	1013
under division (A) of this section to any person who requests it	1014
and pays a reasonable fee, not to exceed the cost of copying and	1015
mailing.	1016

(B) The full text of the proposed rule, amendment, or rule to	1017
be rescinded, accompanied by the public notice required under	1018
division (A) of this section, shall be filed in electronic form	1019
with the secretary of state and with the director of the	1020
legislative service commission. (If in compliance with this	1021
division an agency files more than one proposed rule, amendment,	1022
or rescission at the same time, and has prepared a public notice	1023
under division (A) of this section that applies to more than one	1024
of the proposed rules, amendments, or rescissions, the agency	1025
shall file only one notice with the secretary of state and with	1026
the director for all of the proposed rules, amendments, or	1027
rescissions to which the notice applies.) The proposed rule,	1028
amendment, or rescission and public notice shall be filed as	1029
required by this division at least sixty-five days prior to the	1030
date on which the agency, in accordance with division (D) of this	1031
section, issues an order adopting the proposed rule, amendment, or	1032
rescission.	1033

If the proposed rule, amendment, or rescission incorporates a	1034
text or other material by reference, the agency shall comply with	1035
sections 121.71 to 121.76 of the Revised Code.	1036

The proposed rule, amendment, or rescission shall be	1037
available for at least thirty days prior to the date of the	1038
hearing at the office of the agency in printed or other legible	1039
form without charge to any person affected by the proposal.	1040
Failure to furnish such text to any person requesting it shall not	1041
invalidate any action of the agency in connection therewith.	1042

If the agency files a substantive revision in the text of the	1043
proposed rule, amendment, or rescission under division (H) of this	1044
section, it shall also promptly file the full text of the proposed	1045
rule, amendment, or rescission in its revised form in electronic	1046
form with the secretary of state and with the director of the	1047
legislative service commission.	1048

The agency shall file the rule summary and fiscal analysis	1049
prepared under section 127.18 of the Revised Code in electronic	1050
form along with a proposed rule, amendment, or rescission or	1051
proposed rule, amendment, or rescission in revised form that is	1052
filed with the secretary of state or the director of the	1053
legislative service commission.	1054

The director of the legislative service commission shall	1055
publish in the register of Ohio the full text of the original and	1056
each revised version of a proposed rule, amendment, or rescission;	1057
the full text of a public notice; and the full text of a rule	1058
summary and fiscal analysis that is filed with the director under	1059
this division.	1060

(C) On the date and at the time and place designated in the	1061
notice, the agency shall conduct a public hearing at which any	1062
person affected by the proposed action of the agency may appear	1063
and be heard in person, by the person's attorney, or both, may	1064
present the person's position, arguments, or contentions, orally	1065
or in writing, offer and examine witnesses, and present evidence	1066
tending to show that the proposed rule, amendment, or rescission,	1067
if adopted or effectuated, will be unreasonable or unlawful. An	1068
agency may permit persons affected by the proposed rule,	1069
amendment, or rescission to present their positions, arguments, or	1070
contentions in writing, not only at the hearing, but also for a	1071
reasonable period before, after, or both before and after the	1072
hearing. A person who presents a position or arguments or	1073
contentions in writing before or after the hearing is not required	1074
to appear at the hearing.	1075

At the hearing, the testimony shall be recorded. Such record	1076
shall be made at the expense of the agency. The agency is required	1077
to transcribe a record that is not sight readable only if a person	1078
requests transcription of all or part of the record and agrees to	1079
reimburse the agency for the costs of the transcription. An agency	1080
may require the person to pay in advance all or part of the cost	1081
of the transcription.	1082

In any hearing under this section the agency may administer	1083
oaths or affirmations.	1084

(D) After complying with divisions (A), (B), (C), and (H) of	1085
this section, and when the time for legislative review and	1086
invalidation under division (I) of this section has expired, the	1087
agency may issue an order adopting the proposed rule or the	1088
proposed amendment or rescission of the rule, consistent with the	1089
synopsis or general statement included in the public notice. At	1090
that time the agency shall designate the effective date of the	1091
rule, amendment, or rescission, which shall not be earlier than	1092
the tenth day after the rule, amendment, or rescission has been	1093
filed in its final form as provided in section 119.04 of the	1094
Revised Code.	1095

(E) Prior to the effective date of a rule, amendment, or	1096
rescission, the agency shall make a reasonable effort to inform	1097
those affected by the rule, amendment, or rescission and to have	1098
available for distribution to those requesting it the full text of	1099
the rule as adopted or as amended.	1100

(F) If the governor, upon the request of an agency,	1101
determines that an emergency requires the immediate adoption,	1102
amendment, or rescission of a rule, the governor shall issue an	1103
order, the text of which shall be filed in electronic form with	1104
the agency, the secretary of state, the director of the	1105
legislative service commission, and the joint committee on agency	1106
rule review, that the procedure prescribed by this section with	1107
respect to the adoption, amendment, or rescission of a specified	1108
rule is suspended. The agency may then adopt immediately the	1109
emergency rule, amendment, or rescission and it becomes effective	1110
on the date the rule, amendment, or rescission, in final form and	1111
in compliance with division (A)(2) of section 119.04 of the	1112
Revised Code, is filed in electronic form with the secretary of	1113
state, the director of the legislative service commission, and the	1114
joint committee on agency rule review. If all filings are not	1115
completed on the same day, the emergency rule, amendment, or	1116
rescission shall be effective on the day on which the latest	1117
filing is completed. The director shall publish the full text of	1118
the emergency rule, amendment, or rescission in the register of	1119
Ohio.	1120

The emergency rule, amendment, or rescission shall become	1121
invalid at the end of the ~~ninetieth~~one hundred twentieth day it	1122
is in effect. Prior to that date the agency may adopt the	1123
emergency rule, amendment, or rescission as a nonemergency rule,	1124
amendment, or rescission by complying with the procedure	1125
prescribed by this section for the adoption, amendment, and	1126
rescission of nonemergency rules. The agency shall not use the	1127
procedure of this division to readopt the emergency rule,	1128
amendment, or rescission so that, upon the emergency rule,	1129
amendment, or rescission becoming invalid under this division, the	1130
emergency rule, amendment, or rescission will continue in effect	1131
without interruption for another ~~ninety-day~~one hundred twenty-day	1132
period, except when division (I)(2)(a) of this section prevents	1133
the agency from adopting the emergency rule, amendment, or	1134
rescission as a nonemergency rule, amendment, or rescission within	1135
the ~~ninety-day~~one hundred twenty-day period.	1136

This division does not apply to the adoption of any emergency	1137
rule, amendment, or rescission by the tax commissioner under	1138
division (C)(2) of section 5117.02 of the Revised Code.	1139

(G) Rules adopted by an authority within the department of	1140
job and family services for the administration or enforcement of	1141
Chapter 4141. of the Revised Code or of the department of taxation	1142
shall be effective without a hearing as provided by this section	1143
if the statutes pertaining to such agency specifically give a	1144
right of appeal to the board of tax appeals or to a higher	1145
authority within the agency or to a court, and also give the	1146
appellant a right to a hearing on such appeal. This division does	1147
not apply to the adoption of any rule, amendment, or rescission by	1148
the tax commissioner under division (C)(1) or (2) of section	1149
5117.02 of the Revised Code, or deny the right to file an action	1150
for declaratory judgment as provided in Chapter 2721. of the	1151
Revised Code from the decision of the board of tax appeals or of	1152
the higher authority within such agency.	1153

(H) When any agency files a proposed rule, amendment, or	1154
rescission under division (B) of this section, it shall also file	1155
in electronic form with the joint committee on agency rule review	1156
the full text of the proposed rule, amendment, or rule to be	1157
rescinded in the same form and the public notice required under	1158
division (A) of this section. (If in compliance with this division	1159
an agency files more than one proposed rule, amendment, or	1160
rescission at the same time, and has given a public notice under	1161
division (A) of this section that applies to more than one of the	1162
proposed rules, amendments, or rescissions, the agency shall file	1163
only one notice with the joint committee for all of the proposed	1164
rules, amendments, or rescissions to which the notice applies.) If	1165
the agency makes a substantive revision in a proposed rule,	1166
amendment, or rescission after it is filed with the joint	1167
committee, the agency shall promptly file the full text of the	1168
proposed rule, amendment, or rescission in its revised form in	1169
electronic form with the joint committee. The latest version of a	1170
proposed rule, amendment, or rescission as filed with the joint	1171
committee supersedes each earlier version of the text of the same	1172
proposed rule, amendment, or rescission. An agency shall file the	1173
rule summary and fiscal analysis prepared under section 127.18 of	1174
the Revised Code in electronic form along with a proposed rule,	1175
amendment, or rescission, and along with a proposed rule,	1176
amendment, or rescission in revised form, that is filed under this	1177
division. If a proposed rule, amendment, or rescission has an	1178
adverse impact on businesses, the agency also shall file the	1179
business impact analysis, any recommendations received from the	1180
common sense initiative office, and the agency's memorandum of	1181
response, if any, in electronic form along with the proposed rule,	1182
amendment, or rescission, or along with the proposed rule,	1183
amendment, or rescission in revised form, that is filed under this	1184
division.	1185

This division does not apply to:

1186

(1) An emergency rule, amendment, or rescission;

1187

(2) Any proposed rule, amendment, or rescission that must be	1188
adopted verbatim by an agency pursuant to federal law or rule, to	1189
become effective within sixty days of adoption, in order to	1190
continue the operation of a federally reimbursed program in this	1191
state, so long as the proposed rule contains both of the	1192
following:	1193

(a) A statement that it is proposed for the purpose of	1194
complying with a federal law or rule;	1195

(b) A citation to the federal law or rule that requires	1196
verbatim compliance.	1197

If a rule or amendment is exempt from legislative review	1198
under division (H)(2) of this section, and if the federal law or	1199
rule pursuant to which the rule or amendment was adopted expires,	1200
is repealed or rescinded, or otherwise terminates, the rule or	1201
amendment, or its rescission, is thereafter subject to legislative	1202
review under division (H) of this section.	1203

(I)(1) The joint committee on agency rule review may	1204
recommend the adoption of a concurrent resolution invalidating a	1205
proposed rule, amendment, rescission, or part thereof if it finds	1206
any of the following:	1207

(a) That the rule-making agency has exceeded the scope of its	1208
statutory authority in proposing the rule, amendment, or	1209
rescission;	1210

(b) That the proposed rule, amendment, or rescission	1211
conflicts with another rule, amendment, or rescission adopted by	1212
the same or a different rule-making agency;	1213

(c) That the proposed rule, amendment, or rescission	1214
conflicts with the legislative intent in enacting the statute	1215
under which the rule-making agency proposed the rule, amendment,	1216
or rescission;	1217

(d) That the rule-making agency has failed to prepare a	1218
complete and accurate rule summary and fiscal analysis of the	1219
proposed rule, amendment, or rescission as required by section	1220
127.18 of the Revised Code;	1221

(e) That the proposed rule, amendment, or rescission	1222
incorporates a text or other material by reference and either the	1223
rule-making agency has failed to file the text or other material	1224
incorporated by reference as required by section 121.73 of the	1225
Revised Code or, in the case of a proposed rule or amendment, the	1226
incorporation by reference fails to meet the standards stated in	1227
section 121.72, 121.75, or 121.76 of the Revised Code;	1228

(f) That the rule-making agency has failed to demonstrate	1229
through the business impact analysis, recommendations from the	1230
common sense initiative office, and the memorandum of response the	1231
agency has filed under division (H) of this section that the	1232
regulatory intent of the proposed rule, amendment, or rescission	1233
justifies its adverse impact on businesses in this state.	1234

The joint committee shall not hold its public hearing on a	1235
proposed rule, amendment, or rescission earlier than the	1236
forty-first day after the original version of the proposed rule,	1237
amendment, or rescission was filed with the joint committee.	1238

The house of representatives and senate may adopt a	1239
concurrent resolution invalidating a proposed rule, amendment,	1240
rescission, or part thereof. The concurrent resolution shall state	1241
which of the specific rules, amendments, rescissions, or parts	1242
thereof are invalidated. A concurrent resolution invalidating a	1243
proposed rule, amendment, or rescission shall be adopted not later	1244
than the sixty-fifth day after the original version of the text of	1245
the proposed rule, amendment, or rescission is filed with the	1246
joint committee, except that if more than thirty-five days after	1247
the original version is filed the rule-making agency either files	1248
a revised version of the text of the proposed rule, amendment, or	1249
rescission, or revises the rule summary and fiscal analysis in	1250
accordance with division (I)(4) of this section, a concurrent	1251
resolution invalidating the proposed rule, amendment, or	1252
rescission shall be adopted not later than the thirtieth day after	1253
the revised version of the proposed rule or rule summary and	1254
fiscal analysis is filed. If, after the joint committee on agency	1255
rule review recommends the adoption of a concurrent resolution	1256
invalidating a proposed rule, amendment, rescission, or part	1257
thereof, the house of representatives or senate does not, within	1258
the time remaining for adoption of the concurrent resolution, hold	1259
five floor sessions at which its journal records a roll call vote	1260
disclosing a sufficient number of members in attendance to pass a	1261
bill, the time within which that house may adopt the concurrent	1262
resolution is extended until it has held five such floor sessions.	1263

Within five days after the adoption of a concurrent	1264
resolution invalidating a proposed rule, amendment, rescission, or	1265
part thereof, the clerk of the senate shall send the rule-making	1266
agency, the secretary of state, and the director of the	1267
legislative service commission in electronic form a certified text	1268
of the resolution together with a certification stating the date	1269
on which the resolution takes effect. The secretary of state and	1270
the director of the legislative service commission shall each note	1271
the invalidity of the proposed rule, amendment, rescission, or	1272
part thereof, and shall each remove the invalid proposed rule,	1273
amendment, rescission, or part thereof from the file of proposed	1274
rules. The rule-making agency shall not proceed to adopt in	1275
accordance with division (D) of this section, or to file in	1276
accordance with division (B)(1) of section 111.15 of the Revised	1277
Code, any version of a proposed rule, amendment, rescission, or	1278
part thereof that has been invalidated by concurrent resolution.	1279

Unless the house of representatives and senate adopt a	1280
concurrent resolution invalidating a proposed rule, amendment,	1281
rescission, or part thereof within the time specified by this	1282
division, the rule-making agency may proceed to adopt in	1283
accordance with division (D) of this section, or to file in	1284
accordance with division (B)(1) of section 111.15 of the Revised	1285
Code, the latest version of the proposed rule, amendment, or	1286
rescission as filed with the joint committee. If by concurrent	1287
resolution certain of the rules, amendments, rescissions, or parts	1288
thereof are specifically invalidated, the rule-making agency may	1289
proceed to adopt, in accordance with division (D) of this section,	1290
or to file in accordance with division (B)(1) of section 111.15 of	1291
the Revised Code, the latest version of the proposed rules,	1292
amendments, rescissions, or parts thereof as filed with the joint	1293
committee that are not specifically invalidated. The rule-making	1294
agency may not revise or amend any proposed rule, amendment,	1295
rescission, or part thereof that has not been invalidated except	1296
as provided in this chapter or in section 111.15 of the Revised	1297
Code.	1298

(2)(a) A proposed rule, amendment, or rescission that is	1299
filed with the joint committee under division (H) of this section	1300
or division (D) of section 111.15 of the Revised Code shall be	1301
carried over for legislative review to the next succeeding regular	1302
session of the general assembly if the original or any revised	1303
version of the proposed rule, amendment, or rescission is filed	1304
with the joint committee on or after the first day of December of	1305
any year.	1306

(b) The latest version of any proposed rule, amendment, or	1307
rescission that is subject to division (I)(2)(a) of this section,	1308
as filed with the joint committee, is subject to legislative	1309
review and invalidation in the next succeeding regular session of	1310
the general assembly in the same manner as if it were the original	1311
version of a proposed rule, amendment, or rescission that had been	1312
filed with the joint committee for the first time on the first day	1313
of the session. A rule-making agency shall not adopt in accordance	1314
with division (D) of this section, or file in accordance with	1315
division (B)(1) of section 111.15 of the Revised Code, any version	1316
of a proposed rule, amendment, or rescission that is subject to	1317
division (I)(2)(a) of this section until the time for legislative	1318
review and invalidation, as contemplated by division (I)(2)(b) of	1319
this section, has expired.	1320

(3) Invalidation of any version of a proposed rule,	1321
amendment, rescission, or part thereof by concurrent resolution	1322
shall prevent the rule-making agency from instituting or	1323
continuing proceedings to adopt any version of the same proposed	1324
rule, amendment, rescission, or part thereof for the duration of	1325
the general assembly that invalidated the proposed rule,	1326
amendment, rescission, or part thereof unless the same general	1327
assembly adopts a concurrent resolution permitting the rule-making	1328
agency to institute or continue such proceedings.	1329

The failure of the general assembly to invalidate a proposed	1330
rule, amendment, rescission, or part thereof under this section	1331
shall not be construed as a ratification of the lawfulness or	1332
reasonableness of the proposed rule, amendment, rescission, or any	1333
part thereof or of the validity of the procedure by which the	1334
proposed rule, amendment, rescission, or any part thereof was	1335
proposed or adopted.	1336

(4) In lieu of recommending a concurrent resolution to	1337
invalidate a proposed rule, amendment, rescission, or part thereof	1338
because the rule-making agency has failed to prepare a complete	1339
and accurate fiscal analysis, the joint committee on agency rule	1340
review may issue, on a one-time basis, for rules, amendments,	1341
rescissions, or parts thereof that have a fiscal effect on school	1342
districts, counties, townships, or municipal corporations, a	1343
finding that the rule summary and fiscal analysis is incomplete or	1344
inaccurate and order the rule-making agency to revise the rule	1345
summary and fiscal analysis and refile it with the proposed rule,	1346
amendment, rescission, or part thereof. If an emergency rule is	1347
filed as a nonemergency rule before the end of the ninetieth day	1348
of the emergency rule's effectiveness, and the joint committee	1349
issues a finding and orders the rule-making agency to refile under	1350
division (I)(4) of this section, the governor may also issue an	1351
order stating that the emergency rule shall remain in effect for	1352
an additional sixty days after the ~~ninetieth~~one hundred twentieth	1353
day of the emergency rule's effectiveness. The governor's orders	1354
shall be filed in accordance with division (F) of this section.	1355
The joint committee shall send in electronic form to the	1356
rule-making agency, the secretary of state, and the director of	1357
the legislative service commission a certified text of the finding	1358
and order to revise the rule summary and fiscal analysis, which	1359
shall take immediate effect.	1360

An order issued under division (I)(4) of this section shall	1361
prevent the rule-making agency from instituting or continuing	1362
proceedings to adopt any version of the proposed rule, amendment,	1363
rescission, or part thereof until the rule-making agency revises	1364
the rule summary and fiscal analysis and refiles it in electronic	1365
form with the joint committee along with the proposed rule,	1366
amendment, rescission, or part thereof. If the joint committee	1367
finds the rule summary and fiscal analysis to be complete and	1368
accurate, the joint committee shall issue a new order noting that	1369
the rule-making agency has revised and refiled a complete and	1370
accurate rule summary and fiscal analysis. The joint committee	1371
shall send in electronic form to the rule-making agency, the	1372
secretary of state, and the director of the legislative service	1373
commission a certified text of this new order. The secretary of	1374
state and the director of the legislative service commission shall	1375
each link this order to the proposed rule, amendment, rescission,	1376
or part thereof. The rule-making agency may then proceed to adopt	1377
in accordance with division (D) of this section, or to file in	1378
accordance with division (B)(1) of section 111.15 of the Revised	1379
Code, the proposed rule, amendment, rescission, or part thereof	1380
that was subject to the finding and order under division (I)(4) of	1381
this section. If the joint committee determines that the revised	1382
rule summary and fiscal analysis is still inaccurate or	1383
incomplete, the joint committee shall recommend the adoption of a	1384
concurrent resolution in accordance with division (I)(1) of this	1385
section.	1386

Sec. 122.121. (A) If a local organizing committee, endorsing	1387
municipality, or endorsing county enters into a joinder	1388
undertaking with a site selection organization, the local	1389
organizing committee, endorsing municipality, or endorsing county	1390
may apply to the director of development services, on a form and	1391
in the manner prescribed by the director, for a grant based on the	1392
projected incremental increase in the receipts from the tax	1393
imposed under section 5739.02 of the Revised Code within the	1394
market area designated under division (C) of this section, for the	1395
two-week period that ends at the end of the day after the date on	1396
which a game will be held, that is directly attributable, as	1397
determined by the director, to the preparation for and	1398
presentation of the game. The director shall determine the	1399
projected incremental increase in the tax imposed under section	1400
5739.02 of the Revised Code by using a formula approved by the	1401
destination marketing association international for event impact	1402
or another formula of similar purpose approved by the director.	1403
The local organizing committee, endorsing municipality, or	1404
endorsing county is eligible to receive a grant under this section	1405
only if the projected incremental increase in receipts from the	1406
tax imposed under section 5739.02 of the Revised Code, as	1407
determined by the director, exceeds two hundred fifty thousand	1408
dollars. The amount of the grant shall be not less than fifty per	1409
cent of the projected incremental increase in receipts, as	1410
determined by the director, but shall not exceed five hundred	1411
thousand dollars. The director shall not issue grants with a total	1412
value of more than one million dollars in any fiscal year, and	1413
shall not issue any grant before July 1, 2013.	1414

(B) If the director of development services approves an	1415
application for a local organizing committee, endorsing	1416
municipality, or endorsing county and that local organizing	1417
committee, endorsing municipality, or endorsing county enters into	1418
a joinder agreement with a site selection organization, the local	1419
organizing committee, endorsing municipality, or endorsing county	1420
shall file a copy of the joinder agreement with the director of	1421
~~development, who immediately shall notify the director of budget~~	1422
~~and management of the filing. Within thirty days after receiving~~	1423
~~the notice, the director of budget and management shall establish~~	1424
~~a schedule to disburse from the general revenue fund to such local~~	1425
~~organizing committee, endorsing municipality, or endorsing county~~	1426
~~payments that total the amount certified by the director of~~	1427
~~development under division (A) of this section, but in no event~~	1428
~~shall the total amount disbursed exceed five hundred thousand~~	1429
~~dollars, and no disbursement shall be made before July 1, 2013~~.	1430
The ~~payments~~grant shall be used exclusively by the local	1431
organizing committee, endorsing municipality, or endorsing county	1432
to fulfill a portion of its obligations to a site selection	1433
organization under game support contracts, which obligations may	1434
include the payment of costs relating to the preparations	1435
necessary for the conduct of the game, including acquiring,	1436
renovating, or constructing facilities; to pay the costs of	1437
conducting the game; and to assist the local organizing committee,	1438
endorsing municipality, or endorsing county in providing	1439
assurances required by a site selection organization sponsoring	1440
one or more games.	1441

(C) For the purposes of division (A) of this section, the	1442
director of development services, in consultation with the tax	1443
commissioner, shall designate the market area for a game. The	1444
market area shall consist of the combined statistical area, as	1445
defined by the United States office of management and budget, in	1446
which an endorsing municipality or endorsing county is located.	1447

(D) A local organizing committee, endorsing municipality, or	1448
endorsing county shall provide information required by the	1449
director of development services and tax commissioner to enable	1450
the director and commissioner to fulfill their duties under this	1451
section, including annual audited statements of any financial	1452
records required by a site selection organization and data	1453
obtained by the local organizing committee, endorsing	1454
municipality, or endorsing county relating to attendance at a game	1455
and to the economic impact of the game. A local organizing	1456
committee, an endorsing municipality, or an endorsing county shall	1457
provide an annual audited financial statement if so required by	1458
the director and commissioner, not later than the end of the	1459
fourth month after the date the period covered by the financial	1460
statement ends.	1461

(E) Within thirty days after the game, the local organizing	1462
committee, endorsing municipality, or endorsing county shall	1463
report to the director of development services about the economic	1464
impact of the game. The report shall be in the form and substance	1465
required by the director, including, but not limited to, a final	1466
income statement for the event showing total revenue and	1467
expenditures and revenue and expenditures in the market area for	1468
the game, and ticket sales for the game and any related activities	1469
for which admission was charged. The director ~~of development~~ shall	1470
determine, based on the reported information and the exercise of	1471
reasonable judgment, the incremental increase in receipts from the	1472
tax imposed under section 5739.02 of the Revised Code directly	1473
attributable to the game. If the actual incremental increase in	1474
such receipts is less than the projected incremental increase in	1475
receipts, the director may require the local organizing committee,	1476
endorsing municipality, or endorsing county to refund to the state	1477
all or a portion of the grant.	1478

(F) No disbursement may be made under this section if the	1479
director of development services determines that it would be used	1480
for the purpose of soliciting the relocation of a professional	1481
sports franchise located in this state.	1482

(G) This section may not be construed as creating or	1483
requiring a state guarantee of obligations imposed on an endorsing	1484
municipality or endorsing county under a game support contract or	1485
any other agreement relating to hosting one or more games in this	1486
state.	1487

Sec. 122.861. (A) As used in this section:

1488

(1) "Certified engine configuration" means a new, rebuilt, or	1489
remanufactured engine configuration that satisfies divisions	1490
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	1491
section:	1492

(a) It has been certified by the administrator of the United	1493
States environmental protection agency or the California air	1494
resources board.	1495

(b) It meets or is rebuilt or remanufactured to a more	1496
stringent set of engine emission standards than when originally	1497
manufactured, as determined pursuant to Subtitle G of Title VII of	1498
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	1499
et seq.	1500

(c) In the case of a certified engine configuration involving	1501
the replacement of an existing engine, an engine configuration	1502
that replaced an engine that was removed from the vehicle and	1503
returned to the supplier for remanufacturing to a more stringent	1504
set of engine emissions standards or for scrappage.	1505

(2) "Section 793" means section 793 of the Energy Policy Act	1506
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	1507

(3) "Verified technology" means a pollution control	1508
technology, including a retrofit technology, advanced truckstop	1509
electrification system, or auxiliary power unit, that has been	1510
verified by the administrator of the United States environmental	1511
protection agency or the California air resources board.	1512

(B) For the purpose of reducing emissions from diesel	1513
engines, the director of environmental protection shall administer	1514
a diesel emissions reduction grant program and a ~~diesel emissions~~	1515
~~reduction revolving loan~~clean diesel school bus program. The	1516
programs shall provide for the implementation in this state of	1517
section 793 and shall otherwise be administered in compliance with	1518
the requirements of section 793, and any regulations issued	1519
pursuant to that section.	1520

The director shall apply to the administrator of the United	1521
States environmental protection agency for grant or loan funds	1522
available under section 793 to help fund the diesel emissions	1523
reduction grant program and the ~~diesel emissions reduction~~	1524
~~revolving loan~~clean diesel school bus program.	1525

~~(C) There is hereby created in the state treasury the diesel~~	1526
~~emissions reduction revolving loan fund consisting of money~~	1527
~~appropriated to it by the general assembly, any grants obtained~~	1528
~~from the federal government under section 793, and any other~~	1529
~~grants, gifts, or other contributions of money made to the credit~~	1530
~~of the fund. Money in the fund shall be used for the purpose of~~	1531
~~making loans for projects relating to certified engine~~	1532
~~configurations and verified technologies in a manner consistent~~	1533
~~with the requirements of section 793 and any regulations issued~~	1534
~~pursuant to that section. Interest earned from moneys in the fund~~	1535
~~shall be used to administer the diesel emissions reduction~~	1536
~~revolving loan program.~~	1537

Sec. 124.32. (A) A person holding an office or position in	1538
the classified service may be transferred to a similar position in	1539
another office, department, or institution having the same pay and	1540
similar duties, but no transfer shall be made as follows:	1541

(1) From an office or position in one class to an office or	1542
position in another class;	1543

(2) To an office or position for original entrance to which	1544
there is required by sections 124.01 to 124.64 of the Revised	1545
Code, or the rules adopted pursuant to those sections, an	1546
examination involving essential tests or qualifications or	1547
carrying a salary different from or higher than those required for	1548
original entrance to an office or position held by the person	1549
proposed to be transferred.	1550

No person in the classified civil service of the state may be	1551
transferred without the consent of the director of administrative	1552
services.	1553

(B) Any person holding an office or position in the	1554
classified service who has been separated from the service without	1555
delinquency or misconduct on the person's part may be reinstated	1556
within one year from the date of that separation to a vacancy in	1557
the same office or in a similar position in the same department,	1558
except that a person in the classified service of the state only	1559
may be reinstated with the consent of the director of	1560
administrative services. But, if that separation is due to injury	1561
or physical or psychiatric disability, the person shall be	1562
reinstated in the same office held or in a similar position to	1563
that held at the time of separation, within ~~thirty~~sixty days	1564
after written application for reinstatement, if the person passes	1565
a physical or psychiatric examination made by a licensed	1566
physician, a physician assistant, a clinical nurse specialist, a	1567
certified nurse practitioner, or a certified nurse-midwife showing	1568
that the person has recovered from the injury or physical or	1569
psychiatric disability, if the application for reinstatement is	1570
filed within two years from the date of separation, and if the	1571
application is not filed after the date of service eligibility	1572
retirement. The physician, physician assistant, clinical nurse	1573
specialist, certified nurse practitioner, or certified	1574
nurse-midwife shall be designated by the appointing authority and	1575
shall complete any written documentation of the physical or	1576
psychiatric examination.	1577

Sec. 125.13. (A) As used in this section:

1578

(1) "Emergency medical service organization" has the same	1579
meaning as in section 4765.01 of the Revised Code.	1580

(2) "Private fire company" has the same meaning as in section	1581
9.60 of the Revised Code.	1582

(B) Except as otherwise provided in section 5139.03 of the	1583
Revised Code, whenever a state agency determines that it has	1584
excess or surplus supplies, it shall notify the director of	1585
administrative services. Upon request by the director and on forms	1586
provided by the director, the state agency shall furnish to the	1587
director a list of all those excess and surplus supplies and an	1588
appraisal of their value.	1589

(C) The director of administrative services shall take	1590
immediate control of a state agency's excess and surplus supplies,	1591
except for the following excess and surplus supplies:	1592

(1) Excess or surplus supplies that have a value below the	1593
minimum value that the director establishes for excess and surplus	1594
supplies under division (F) of this section;	1595

(2) Excess or surplus supplies that the director has	1596
authorized an agency to donate to a public entity, including, but	1597
not limited to, public schools and surplus computers and computer	1598
equipment transferred to a public school under division (H) of	1599
this section;	1600

(3) Excess or surplus supplies that an agency trades in as	1601
full or partial payment when purchasing a replacement item;	1602

(4) Hazardous property.

1603

(D) The director shall inventory excess and surplus supplies	1604
in the director's control and may have the supplies repaired.	1605

(E) The director may do either of the following:

1606

(1) Dispose of declared surplus or excess supplies in the	1607
director's control by sale, lease, donation, or transfer. If the	1608
director does so, the director shall dispose of those supplies in	1609
the following order of priority:	1610

(a) To state agencies;

1611

(b) To state-supported or state-assisted institutions of	1612
higher education;	1613

(c) To tax-supported agencies, municipal corporations, or	1614
other political subdivisions of this state, private fire	1615
companies, or private, nonprofit emergency medical service	1616
organizations;	1617

(d) To nonpublic elementary and secondary schools chartered	1618
by the state board of education under section 3301.16 of the	1619
Revised Code;	1620

(e) To the general public by auction, sealed bid, sale, or	1621
negotiation.	1622

(2) If the director has attempted to dispose of any declared	1623
surplus or excess motor vehicle that does not exceed four thousand	1624
five hundred dollars in value pursuant to divisions (E)(1)(a) to	1625
(c) of this section, donate the motor vehicle to a nonprofit	1626
organization exempt from federal income taxation pursuant to 26	1627
U.S.C. 501(a) and (c)(3) for the purpose of meeting the	1628
transportation needs of participants in the Ohio works first	1629
program established under Chapter 5107. of the Revised Code and	1630
participants in the prevention, retention, and contingency program	1631
established under Chapter 5108. of the Revised Code. The director	1632
may not donate a motor vehicle furnished to the state highway	1633
patrol to a nonprofit organization pursuant to this division.	1634

(F) The director may adopt rules governing the sale, lease,	1635
or transfer of surplus and excess supplies in the director's	1636
control by public auction, sealed bid, sale, or negotiation,	1637
except that no employee of the disposing agency shall be allowed	1638
to purchase, lease, or receive any such supplies. The director may	1639
dispose of declared surplus or excess supplies, including motor	1640
vehicles, in the director's control as the director determines	1641
proper if such supplies cannot be disposed of pursuant to division	1642
(E) of this section. The director shall by rule establish a	1643
minimum value for excess and surplus supplies and prescribe	1644
procedures for a state agency to follow in disposing of excess and	1645
surplus supplies in its control that have a value below the	1646
minimum value established by the director.	1647

(G) No state-supported or state-assisted institution of	1648
higher education, tax-supported agency, municipal corporation, or	1649
other political subdivision of this state, private fire company,	1650
or private, nonprofit emergency medical service organization shall	1651
sell, lease, or transfer excess or surplus supplies acquired under	1652
this section to private entities or the general public at a price	1653
greater than the price it originally paid for those supplies.	1654

(H) The director of administrative services may authorize any	1655
state agency to transfer surplus computers and computer equipment	1656
that are not needed by other state agencies directly to an	1657
accredited public school within the state. The computers and	1658
computer equipment may be repaired or refurbished prior to	1659
transfer. The state agency may charge a service fee to the public	1660
schools for the property not to exceed the direct cost of	1661
repairing or refurbishing it. The state agency shall deposit such	1662
funds into the account used for repair or refurbishment.	1663

Sec. 125.182. (A) The office of information technology, by	1664
itself or by contract with another entity, shall establish,	1665
operate, and maintain ~~a state~~the official public notice web site.	1666
In establishing, maintaining, and operating the ~~state~~official	1667
public notice web site, the office of information technology or	1668
its contractor shall:	1669

~~(A)~~(1) Use a domain name for the web site that will be easily	1670
recognizable and remembered by and understandable to users of the	1671
web site;	1672

~~(B)~~(2) Maintain the web site on the internet so that it is	1673
fully accessible to and searchable by members of the public at all	1674
times, other than during maintenance or acts of God outside the	1675
office's or its contractor's control;	1676

~~(C)~~(3) Not charge a fee to a person ~~who~~that accesses,the	1677
web site to view notices or to perform searches~~, or otherwise uses~~	1678
of the web site, provided that the office or its contractor may	1679
charge a fee for enhanced search and customized content delivery	1680
features;	1681

~~(D)~~(4) Not charge a fee to a state agency or political	1682
subdivision for publishing a notice on the web site;	1683

~~(E)~~(5) Ensure that notices displayed on the web site conform	1684
to the requirements that would apply to the notices if they were	1685
being published in a newspaper, as directed in section 7.16 of the	1686
Revised Code or in the relevant provision of the statute or rule	1687
that requires the notice;	1688

~~(F)~~(6) Ensure that notices continue to be displayed on the	1689
web site for not less than the length of time required by the	1690
relevant provision of the statute or rule that requires the	1691
notice;	1692

~~(G) Devise and display on the web site a form that may be~~	1693
~~downloaded and used to request publication of a notice on the web~~	1694
~~site;~~	1695

~~(H) Enable responsible parties to submit notices and requests~~	1696
~~for their publication;~~	1697

~~(I)~~(7) Maintain an archive of notices that no longer are	1698
displayed on the web site;	1699

~~(J)~~(8) Enable notices, both those currently displayed and	1700
those archived, to be accessed by key word, by party name, by case	1701
number, by county, and by other useful identifiers;	1702

~~(K)~~(9) Maintain adequate systemic security and backup	1703
features, and develop and maintain a contingency plan for coping	1704
with and recovering from power outages, systemic failures, and	1705
other unforeseeable difficulties;	1706

~~(L) Maintain the web site in such a manner that it will not~~	1707
~~infringe legally protected interests, so that vulnerability of the~~	1708
~~web site to interruption because of litigation or the threat of~~	1709
~~litigation is reduced; and~~	1710

~~(M) Submit a status report to the secretary of state twice~~	1711
~~annually that demonstrates compliance with statutory requirements~~	1712
~~governing publication of notices.~~	1713

~~The office of information technology shall bear the expense~~	1714
~~of maintaining the state public notice web site domain name~~(10)	1715
Provide access to the web site to the publisher of any Ohio	1716
newspaper or daily law journal that qualifies under the Revised	1717
Code to publish notices and advertisements, for the posting of	1718
notices and advertisements at no cost, or for a reasonable,	1719
uniform fee for the service; and	1720

(11) Provide, if requested, a regularly scheduled feed or	1721
similar data transfer to the department of administrative services	1722
of notices and advertisements posted on the web site, provided	1723
that the office of information technology or its contractor shall	1724
not be required to provide the feed or transfer more often than	1725
once every business day.	1726

(B) An error in a notice or advertisement posted on the	1727
official public notice web site, or a temporary web site outage or	1728
service interruption preventing the posting or display of a notice	1729
or advertisement on that web site, does not constitute a defect in	1730
making legal publication of the notice or advertisement, and	1731
publication requirements shall be considered met if the notice or	1732
advertisement published in the newspaper or daily law journal is	1733
correct.	1734

(C) The publisher of a newspaper of general circulation or of	1735
a daily law journal that maintains a web site shall include on its	1736
web site a link to the official public notice web site.	1737

Sec. 126.21. (A) The director of budget and management shall	1738
do all of the following:	1739

(1) Keep all necessary accounting records;

1740

(2) Prescribe and maintain the accounting system of the state	1741
and establish appropriate accounting procedures and charts of	1742
accounts;	1743

(3) Establish procedures for the use of written, electronic,	1744
optical, or other communications media for approving and reviewing	1745
payment vouchers;	1746

(4) Reconcile, in the case of any variation between the	1747
amount of any appropriation and the aggregate amount of items of	1748
the appropriation, with the advice and assistance of the state	1749
agency affected by it and the legislative service commission,	1750
totals so as to correspond in the aggregate with the total	1751
appropriation. In the case of a conflict between the item and the	1752
total of which it is a part, the item shall be considered the	1753
intended appropriation.	1754

(5) Evaluate on an ongoing basis and, if necessary, recommend	1755
improvements to the internal controls used in state agencies;	1756

(6) Authorize the establishment of petty cash accounts. The	1757
director may withdraw approval for any petty cash account and	1758
require the officer in charge to return to the state treasury any	1759
unexpended balance shown by the officer's accounts to be on hand.	1760
Any officer who is issued a warrant for petty cash shall render a	1761
detailed account of the expenditures of the petty cash and shall	1762
report when requested the balance of petty cash on hand at any	1763
time.	1764

(7) Process orders, invoices, vouchers, claims, and payrolls	1765
and prepare financial reports and statements;	1766

(8) Perform extensions, reviews, and compliance checks prior	1767
to or after approving a payment as the director considers	1768
necessary;	1769

(9) Issue the official comprehensive annual financial report	1770
of the state. The report shall cover all funds of the state	1771
reporting entity and shall include basic financial statements and	1772
required supplementary information prepared in accordance with	1773
generally accepted accounting principles and other information as	1774
the director provides. All state agencies, authorities,	1775
institutions, offices, retirement systems, and other component	1776
units of the state reporting entity as determined by the director	1777
shall furnish the director whatever financial statements and other	1778
information the director requests for the report, in the form, at	1779
the times, covering the periods, and with the attestation the	1780
director prescribes. The information for state institutions of	1781
higher education, as defined in section 3345.011 of the Revised	1782
Code, shall be submitted to the chancellor by the Ohio board of	1783
regents. The board shall establish a due date by which each such	1784
institution shall submit the information to the board, but no such	1785
date shall be later than one hundred twenty days after the end of	1786
the state fiscal year unless a later date is approved by the	1787
director.	1788

(B) In addition to the director's duties under division (A)	1789
of this section, the director may establish and administer one or	1790
more ~~state~~ payment card programs that permit ~~or require~~ state	1791
agencies and political subdivisions to use a payment card to	1792
purchase equipment, materials, supplies, or services in accordance	1793
with guidelines issued by the director. The chief administrative	1794
officer of a state agency or political subdivision that uses a	1795
payment card for such purposes shall ensure that purchases made	1796
with the card are made in accordance with the guidelines issued by	1797
the director ~~and do not exceed the unexpended, unencumbered,~~	1798
~~unobligated balance in the appropriation to be charged for the~~	1799
~~purchase~~. State agencies may participate in only those ~~state~~	1800
payment card programs that the director establishes pursuant to	1801
this section.	1802

(C) In addition to the director's duties under divisions (A)	1803
and (B) of this section, the director may enter into any contract	1804
or agreement necessary for and incidental to the performance of	1805
the director's duties or the duties of the office of budget and	1806
management.	1807

(D) In addition to the director's duties under divisions (A),	1808
(B), and (C) of this section, the director may operate a shared	1809
services center within the office of budget and management for the	1810
purpose of consolidating common business functions and	1811
transactional processes. The services offered by the shared	1812
services center may be provided to any state agency or political	1813
subdivision. In consultation with the director of administrative	1814
services, the director may appoint and fix the compensation of	1815
employees of the office ~~of budget and management~~ whose primary	1816
duties include the consolidation of ~~statewide financing~~common	1817
business functions and ~~common~~ transactional processes.	1818

(E) The director may transfer cash between funds other than	1819
the general revenue fund in order to correct an erroneous payment	1820
or deposit regardless of the fiscal year during which the	1821
erroneous payment or deposit occurred.	1822

(F) As used in divisions (B) and (D) of this section:

1823

(1) "Political subdivision" has the same meaning as in	1824
section 2744.01 of the Revised Code.	1825

(2) "State agency" has the same meaning as in section 9.482	1826
of the Revised Code.	1827

Sec. 126.25. The ~~accounting and budgeting~~ services provided	1828
by the director of budget and management under section 126.21 of	1829
the Revised Code shall be supported by ~~user~~ charges. The director	1830
shall determine a rate that is sufficient to defray the expense of	1831
those services and the manner by which those charges shall be	1832
collected. All money collected from ~~user~~the charges shall be	1833
deposited in the state treasury to the credit of the accounting	1834
and budgeting fund, which is hereby created. Rebates or revenue	1835
shares received from any ~~state~~ payment card program established	1836
under division (B) of section 126.21 of the Revised Code and	1837
miscellaneous payments that reimburse expenses paid from the	1838
accounting and budgeting fund may be deposited into the accounting	1839
and budgeting fund and used to support ~~accounting and budgeting~~	1840
the services provided by the director.	1841

Sec. 149.38. (A) Except as otherwise provided in section	1842
307.847 of the Revised Code, there is hereby created in each	1843
county a county records commission, composed of a member of the	1844
board of county commissioners as chairperson, the prosecuting	1845
attorney, the auditor, the recorder, and the clerk of the court of	1846
common pleas. The commission shall appoint a secretary, who may or	1847
may not be a member of the commission and who shall serve at the	1848
pleasure of the commission. The commission may employ an archivist	1849
or records manager to serve under its direction. The commission	1850
shall meet at least once every six months and upon the call of the	1851
chairperson.	1852

(B)(1) The functions of the county records commission shall	1853
be to provide rules for retention and disposal of records of the	1854
county, and to review applications for one-time disposal of	1855
obsolete records and schedules of records retention and	1856
disposition submitted by county offices. The commission may	1857
dispose of records pursuant to the procedure outlined in this	1858
section. The commission, at any time, may review any schedule it	1859
has previously approved and, for good cause shown, may revise that	1860
schedule, subject to division (D) of this section.	1861

(2)(a) As used in division (B)(2) of this section, "paper	1862
case records" means written reports of child abuse or neglect,	1863
written records of investigations, or other written records	1864
required to be prepared under section 2151.421, 5101.13, 5153.166,	1865
or 5153.17 of the Revised Code.	1866

(b) A county public children services agency may submit to	1867
the county records commission applications for one-time disposal,	1868
or schedules of records retention and disposition, of paper case	1869
records that have been entered into permanently maintained and	1870
retrievable fields in the state automated child welfare	1871
information system established under section 5101.13 of the	1872
Revised Code or entered into other permanently maintained and	1873
retrievable electronic files. The county records commission may	1874
dispose of the paper case records pursuant to the procedure	1875
outlined in this section.	1876

(C)(1) When the county records commission has approved any	1877
county application for one-time disposal of obsolete records or	1878
any schedule of records retention and disposition, the commission	1879
shall send that application or schedule to the Ohio historical	1880
society for its review. The Ohio historical society shall review	1881
the application or schedule within a period of not more than sixty	1882
days after its receipt of it. During the sixty-day review period,	1883
the Ohio historical society may select for its custody from the	1884
application for one-time disposal of obsolete records any records	1885
it considers to be of continuing historical value, and shall	1886
denote upon any schedule of records retention and disposition any	1887
records for which the Ohio historical society will require a	1888
certificate of records disposal prior to their disposal.	1889

(2) Upon completion of its review, the Ohio historical	1890
society shall forward the application for one-time disposal of	1891
obsolete records or the schedule of records retention and	1892
disposition to the auditor of state for the auditor's approval or	1893
disapproval. The auditor of state shall approve or disapprove the	1894
application or schedule within a period of not more than sixty	1895
days after receipt of it.	1896

(3) Before public records are to be disposed of pursuant to	1897
an approved schedule of records retention and disposition, the	1898
county records commission shall inform the Ohio historical society	1899
of the disposal through the submission of a certificate of records	1900
disposal for only the records required by the schedule to be	1901
disposed of and shall give the society the opportunity for a	1902
period of fifteen business days to select for its custody those	1903
records, from the certificate submitted, that it considers to be	1904
of continuing historical value. Upon the expiration of the	1905
fifteen-business-day period, the county records commission also	1906
shall notify the public libraries, county historical society,	1907
state universities, and other public or quasi-public institutions,	1908
agencies, or corporations in the county that have provided the	1909
commission with their name and address for these notification	1910
purposes, that the commission has informed the Ohio historical	1911
society of the records disposal and that the notified entities,	1912
upon written agreement with the Ohio historical society pursuant	1913
to section 149.31 of the Revised Code, may select records of	1914
continuing historical value, including records that may be	1915
distributed to any of the notified entities under section 149.31	1916
of the Revised Code. Any notified entity that notifies the county	1917
records commission of its intent to review and select records of	1918
continuing historical value from certificates of records disposal	1919
is responsible for the cost of any notice given and for the	1920
transportation of those records.	1921

(D) The rules of the county records commission shall include	1922
a rule that requires any receipts, checks, vouchers, or other	1923
similar records pertaining to expenditures from the delinquent tax	1924
and assessment collection fund created in section 321.261 of the	1925
Revised Code, from the real estate assessment fund created in	1926
section 325.31 of the Revised Code, or from amounts allocated for	1927
the furtherance of justice to the county sheriff under section	1928
325.071 of the Revised Code or to the prosecuting attorney under	1929
section 325.12 of the Revised Code to be retained for at least	1930
four years.	1931

(E) No person shall knowingly violate the rule adopted under	1932
division (D) of this section. Whoever violates that rule is guilty	1933
of a misdemeanor of the first degree.	1934

Sec. 153.56. (A) Any person to whom any money is due for	1935
labor or work performed or materials furnished in a public	1936
improvement as provided in section 153.54 of the Revised Code, at	1937
any time after performing the labor or work or furnishing the	1938
materials, but not later than ninety days after the completion of	1939
the contract by the principal contractor or design-build firm and	1940
the acceptance of the public improvement for which the bond was	1941
provided by the duly authorized board or officer, shall furnish	1942
the sureties on the bond, a statement of the amount due to the	1943
person.	1944

(B) A suit shall not be brought against sureties on the bond	1945
until after sixty days after the furnishing of the statement	1946
described in division (A) of this section. If the indebtedness is	1947
not paid in full at the expiration of that sixty days, and if the	1948
person complies with division (C) of this section, the person may	1949
bring an action in the person's own name upon the bond, as	1950
provided in sections 2307.06 and 2307.07 of the Revised Code, that	1951
action to be commenced, notwithstanding section 2305.12 of the	1952
Revised Code, not later than one year from the date of acceptance	1953
of the public improvement for which the bond was provided.	1954

(C) To exercise rights under this section, a subcontractor or	1955
materials supplier supplying labor or materials that cost more	1956
than thirty thousand dollars, who is not in direct privity of	1957
contract with the principal contractor or design-build firm for	1958
the public improvement, shall serve a notice of furnishing upon	1959
the principal contractor or design-build firm in the form provided	1960
in section 1311.261 of the Revised Code.	1961

(D) A subcontractor or materials supplier who serves a notice	1962
of furnishing under division (C) of this section as required to	1963
exercise rights under this section has the right of recovery only	1964
as to amounts owed for labor and work performed and materials	1965
furnished during and after the twenty-one days immediately	1966
preceding service of the notice of furnishing.	1967

(E) For purposes of this section:

1968

(1) "Design-build firm" has the same meaning as in section	1969
153.65 of the Revised Code.	1970

(2) "Principal contractor" has the same meaning as in section	1971
1311.25 of the Revised Code, and may include a ~~"construction~~	1972
~~manager" and a~~ "construction manager at risk" as defined in	1973
section 9.33 of the Revised Code.	1974

Sec. 164.26. (A) The director of the Ohio public works	1975
commission shall establish policies related to the need for	1976
long-term ownership, or long-term control through a lease or the	1977
purchase of an easement, of real property that is the subject of	1978
an application for a grant under sections 164.20 to 164.27 of the	1979
Revised Code and establish requirements for documentation to be	1980
submitted by grant applicants that is necessary for the proper	1981
administration of this division. The policies shall provide for	1982
proper ~~penalties, including~~liquidated damages and grant	1983
repayment, for entities that fail to comply with the long-term	1984
ownership or control requirements established under this division.	1985

The director also shall adopt policies delineating what	1986
constitutes administrative costs for purposes of division (F) of	1987
section 164.27 of the Revised Code.	1988

(B) The Ohio public works commission shall administer	1989
sections 164.20 to 164.27 of the Revised Code and shall exercise	1990
any authority and use any procedures granted or established under	1991
sections 164.02 and 164.05 of the Revised Code that are necessary	1992
for that purpose.	1993

Sec. 164.261. All of the following apply to any repayment of	1994
a grant awarded under sections 164.20 to 164.27 of the Revised	1995
Code:	1996

(A) The Ohio public works commission shall deposit the grant	1997
repayment into the clean Ohio conservation fund created in section	1998
164.27 of the Revised Code.	1999

(B) The commission shall return the grant repayment to the	2000
natural resource assistance council that approved the grant	2001
application.	2002

(C) The grant repayment shall be used for the same purpose as	2003
the grant was originally approved for, as provided in section	2004
164.22 of the Revised Code.	2005

Sec. 173.27. (A) As used in this section:

2006

(1) "Applicant" means a person who is under final	2007
consideration for ~~employment~~hiring by a responsible party in a	2008
full-time, part-time, or temporary position that involves	2009
providing ombudsman services to residents and recipients.	2010
"Applicant" includes a person who is under final consideration for	2011
~~employment~~being hired as the state long-term care ombudsman or	2012
the head of a regional long-term care ombudsman program.	2013
"Applicant" does not include a person seeking to provide ombudsman	2014
services to residents and recipients as a volunteer without	2015
receiving or expecting to receive any form of remuneration other	2016
than reimbursement for actual expenses.	2017

(2) "Criminal records check" has the same meaning as in	2018
section 109.572 of the Revised Code.	2019

(3) "Disqualifying offense" means any of the offenses listed	2020
or described in divisions (A)(3)(a) to (e) of section 109.572 of	2021
the Revised Code.	2022

(4) "Employee" means a person employed by a responsible party	2023
in a full-time, part-time, or temporary position that involves	2024
providing ombudsman services to residents and recipients.	2025
"Employee" includes the person employed as the state long-term	2026
care ombudsman and a person employed as the head of a regional	2027
long-term care ombudsman program. "Employee" does not include a	2028
person who provides ombudsman services to residents and recipients	2029
as a volunteer without receiving or expecting to receive any form	2030
of remuneration other than reimbursement for actual expenses.	2031

(5) "Responsible party" means the following:

2032

(a) In the case of an applicant who is under final	2033
consideration for ~~employment~~being hired as the state long-term	2034
care ombudsman or the person employed as the state long-term care	2035
ombudsman, the director of aging;	2036

(b) In the case of any other applicant who is under final	2037
consideration for ~~employment with~~being hired by the state	2038
long-term care ombudsman program or any other employee of the	2039
state long-term care ombudsman program, the state long-term care	2040
ombudsman;	2041

(c) In the case of an applicant who is under final	2042
consideration for ~~employment with~~being hired by a regional	2043
long-term care ombudsman program (including as the head of the	2044
regional program) or an employee of a regional long-term care	2045
ombudsman program (including the head of a regional program), the	2046
regional long-term care ombudsman program.	2047

(B) A responsible party may not ~~employ~~hire an applicant or	2048
~~continue to employ~~retain an employee in a position that involves	2049
providing ombudsman services to residents and recipients if any of	2050
the following apply:	2051

(1) A review of the databases listed in division (D) of this	2052
section reveals any of the following:	2053

(a) That the applicant or employee is included in one or more	2054
of the databases listed in divisions (D)(1) to (5) of this	2055
section;	2056

(b) That there is in the state nurse aide registry	2057
established under section 3721.32 of the Revised Code a statement	2058
detailing findings by the director of health that the applicant or	2059
employee neglected or abused a long-term care facility or	2060
residential care facility resident or misappropriated property of	2061
such a resident;	2062

(c) That the applicant or employee is included in one or more	2063
of the databases, if any, specified in rules adopted under this	2064
section and the rules prohibit the responsible party from	2065
employing an applicant or continuing to employ an employee	2066
included in such a database in a position that involves providing	2067
ombudsman services to residents and recipients.	2068

(2) After the applicant or employee is provided, pursuant to	2069
division (E)(2)(a) of this section, a copy of the form prescribed	2070
pursuant to division (C)(1) of section 109.572 of the Revised Code	2071
and the standard impression sheet prescribed pursuant to division	2072
(C)(2) of that section, the applicant or employee fails to	2073
complete the form or provide the applicant's or employee's	2074
fingerprint impressions on the standard impression sheet.	2075

(3) Unless the applicant or employee meets standards	2076
specified in rules adopted under this section, the applicant or	2077
employee is found by a criminal records check required by this	2078
section to have been convicted of,or pleaded guilty to~~, or been~~	2079
~~found eligible for intervention in lieu of conviction for~~ a	2080
disqualifying offense.	2081

(C) A responsible party or a responsible party's designee	2082
shall inform each applicant of both of the following at the time	2083
of the applicant's initial application for ~~employment in~~hiring	2084
into a position that involves providing ombudsman services to	2085
residents and recipients:	2086

(1) That a review of the databases listed in division (D) of	2087
this section will be conducted to determine whether the	2088
responsible party is prohibited by division (B)(1) of this section	2089
from ~~employing~~hiring the applicant ininto the position;	2090

(2) That, unless the database review reveals that the	2091
applicant may not be ~~employed in~~hired into the position, a	2092
criminal records check of the applicant will be conducted and the	2093
applicant is required to provide a set of the applicant's	2094
fingerprint impressions as part of the criminal records check.	2095

(D) As a condition of any applicant's being ~~employed~~hired by	2096
a responsible party in a position that involves providing	2097
ombudsman services to residents and recipients, the responsible	2098
party or designee shall conduct a database review of the applicant	2099
in accordance with rules adopted under this section. If rules	2100
adopted under this section so require, the responsible party or	2101
designee shall conduct a database review of an employee in	2102
accordance with the rules as a condition of the responsible party	2103
~~continuing to employ~~retaining the employee in a position that	2104
involves providing ombudsman services to residents and recipients.	2105
A database review shall determine whether the applicant or	2106
employee is included in any of the following:	2107

(1) The excluded parties list system that is maintained by	2108
the United States general services administration pursuant to	2109
subpart 9.4 of the federal acquisition regulation and available at	2110
the federal web site known as the system for award management;	2111

(2) The list of excluded individuals and entities maintained	2112
by the office of inspector general in the United States department	2113
of health and human services pursuant to section 1128 of the	2114
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	2115
amended, and section 1156 of the "Social Security Act," 96 Stat.	2116
388 (1982), 42 U.S.C. 1320c-5, as amended;	2117

(3) The registry of MR/DD employees established under section	2118
5123.52 of the Revised Code;	2119

(4) The internet-based sex offender and child-victim offender	2120
database established under division (A)(11) of section 2950.13 of	2121
the Revised Code;	2122

(5) The internet-based database of inmates established under	2123
section 5120.66 of the Revised Code;	2124

(6) The state nurse aide registry established under section	2125
3721.32 of the Revised Code;	2126

(7) Any other database, if any, specified in rules adopted	2127
under this section.	2128

(E)(1) As a condition ~~of any applicant's being employed by a~~	2129
~~responsible party in~~on hiring an applicant into a position that	2130
involves providing ombudsman services to residents and recipients,	2131
the responsible party or designee shall request that the	2132
superintendent of the bureau of criminal identification and	2133
investigation conduct a criminal records check of the applicant.	2134
If rules adopted under this section so require, the responsible	2135
party or designee shall request that the superintendent conduct a	2136
criminal records check of an employee at times specified in the	2137
rules as a condition ~~of the responsible party continuing to employ~~	2138
for retaining the employee in a position that involves providing	2139
ombudsman services to residents and recipients. However, the	2140
responsible party or designee is not required to request the	2141
criminal records check of the applicant or employee if the	2142
responsible party is prohibited by division (B)(1) of this section	2143
from ~~employing~~hiring the applicant or ~~continuing to employ~~	2144
retaining the employee in a position that involves providing	2145
ombudsman services to residents and recipients. If an applicant or	2146
employee for whom a criminal records check request is required by	2147
this section does not present proof of having been a resident of	2148
this state for the five-year period immediately prior to the date	2149
the criminal records check is requested or provide evidence that	2150
within that five-year period the superintendent has requested	2151
information about the applicant or employee from the federal	2152
bureau of investigation in a criminal records check, the	2153
responsible party or designee shall request that the	2154
superintendent obtain information from the federal bureau of	2155
investigation as part of the criminal records check. Even if an	2156
applicant or employee for whom a criminal records check request is	2157
required by this section presents proof of having been a resident	2158
of this state for the five-year period, the responsible party or	2159
designee may request that the superintendent include information	2160
from the federal bureau of investigation in the criminal records	2161
check.	2162

(2) A responsible party or designee shall do all of the	2163
following:	2164

(a) Provide to each applicant and employee for whom a	2165
criminal records check request is required by this section a copy	2166
of the form prescribed pursuant to division (C)(1) of section	2167
109.572 of the Revised Code and a standard impression sheet	2168
prescribed pursuant to division (C)(2) of that section;	2169

(b) Obtain the completed form and standard impression sheet	2170
from the applicant or employee;	2171

(c) Forward the completed form and standard impression sheet	2172
to the superintendent.	2173

(3) A responsible party shall pay to the bureau of criminal	2174
identification and investigation the fee prescribed pursuant to	2175
division (C)(3) of section 109.572 of the Revised Code for each	2176
criminal records check the responsible party or the responsible	2177
party's designee requests under this section. The responsible	2178
party may charge an applicant a fee not exceeding the amount the	2179
responsible party pays to the bureau under this section if the	2180
responsible party or designee notifies the applicant at the time	2181
of initial application for ~~employment~~hiring into the position in	2182
question of the amount of the fee.	2183

(F)(1) A responsible party may ~~employ~~ conditionally hire an	2184
applicant for whom a criminal records check is required by this	2185
section prior to obtaining the results of the criminal records	2186
check if both of the following apply:	2187

(a) The responsible party is not prohibited by division	2188
(B)(1) of this section from ~~employing~~hiring the applicant in a	2189
position that involves providing ombudsman services to residents	2190
and recipients;	2191

(b) The responsible party or designee requests the criminal	2192
records check in accordance with division (E) of this section not	2193
later than five business days after the responsible party	2194
conditionally hires the applicant ~~begins conditional employment~~.	2195

(2) A responsible party shall ~~terminate the employment of an~~	2196
~~applicant employed conditionally under division (F)(1) of this~~	2197
~~section~~remove a conditionally hired applicant from any job duties	2198
that require a criminal records check if the results of the	2199
criminal records check, other than the results of any request for	2200
information from the federal bureau of investigation, are not	2201
obtained within the period ending sixty days after the date the	2202
request for the criminal records check is made. ~~Regardless~~	2203

Regardless of when the results of the criminal records check	2204
are obtained, if the results indicate that the conditionally hired	2205
applicant has been convicted of,or pleaded guilty to~~, or been~~	2206
~~found eligible for intervention in lieu of conviction for~~ a	2207
disqualifying offense, the responsible party shall terminate the	2208
applicant's employment unless the applicant meets standards	2209
specified in rules adopted under this section that permit the	2210
responsible party to ~~employ~~hire the applicant and the responsible	2211
party chooses to ~~employ~~hire the applicant. Termination of	2212
employment under this division shall be considered just cause for	2213
discharge for purposes of division (D)(2) of section 4141.29 of	2214
the Revised Code if the applicant makes any attempt to deceive the	2215
responsible party or designee about the applicant's criminal	2216
record.	2217

(G) The report of any criminal records check conducted	2218
pursuant to a request made under this section is not a public	2219
record for the purposes of section 149.43 of the Revised Code and	2220
shall not be made available to any person other than the	2221
following:	2222

(1) The applicant or employee who is the subject of the	2223
criminal records check or the applicant's or employee's	2224
representative;	2225

(2) The responsible party or designee;

2226

(3) In the case of a criminal records check conducted for an	2227
applicant who is under final consideration for ~~employment with~~	2228
hiring by a regional long-term care ombudsman program (including	2229
as the head of the regional program) or for an employee of a	2230
regional long-term care ombudsman program (including the head of a	2231
regional program), the state long-term care ombudsman or a	2232
representative of the office of the state long-term care ombudsman	2233
program who is responsible for monitoring the regional program's	2234
compliance with this section;	2235

(4) A court, hearing officer, or other necessary individual	2236
involved in a case dealing with any of the following:	2237

(a) A denial of ~~employment~~hiring of the applicant or of	2238
retention of the employee;	2239

(b) Employment or unemployment benefits of the applicant or	2240
employee;	2241

(c) A civil or criminal action regarding the medicaid program	2242
or a program the department of aging administers.	2243

(H) In a tort or other civil action for damages that is	2244
brought as the result of an injury, death, or loss to person or	2245
property caused by an applicant who a responsible party hires, or	2246
an employee who a responsible party employs, in a position that	2247
involves providing ombudsman services to residents and recipients,	2248
all of the following shall apply:	2249

(1) If the responsible party ~~employed~~hired the applicant or	2250
retained the employee in good faith and reasonable reliance on the	2251
report of a criminal records check requested under this section,	2252
the responsible party shall not be found negligent solely because	2253
of its reliance on the report, even if the information in the	2254
report is determined later to have been incomplete or inaccurate.	2255

(2) If the responsible party ~~employed~~conditionally hired the	2256
applicant in good faith ~~on a conditional basis~~ pursuant to	2257
division (F) of this section, the responsible party shall not be	2258
found negligent solely because it ~~employed~~conditionally hired the	2259
applicant prior to receiving the report of a criminal records	2260
check requested under this section.	2261

(3) If the responsible party in good faith ~~employed~~hired the	2262
applicant or retained the employee because the applicant or	2263
employee meets standards specified in rules adopted under this	2264
section, the responsible party shall not be found negligent solely	2265
because the applicant or employee has been convicted of,or	2266
pleaded guilty to~~, or been found eligible for intervention in lieu~~	2267
~~of conviction for~~ a disqualifying offense.	2268

(I) The state long-term care ombudsman may not act as the	2269
director of aging's designee for the purpose of this section. The	2270
head of a regional long-term care ombudsman program may not act as	2271
the regional program's designee for the purpose of this section if	2272
the head is the employee for whom a database review or criminal	2273
records check is being conducted.	2274

(J) The director of aging shall adopt rules in accordance	2275
with Chapter 119. of the Revised Code to implement this section.	2276

(1) The rules may do the following:

2277

(a) Require employees to undergo database reviews and	2278
criminal records checks under this section;	2279

(b) If the rules require employees to undergo database	2280
reviews and criminal records checks under this section, exempt one	2281
or more classes of employees from the requirements;	2282

(c) For the purpose of division (D)(7) of this section,	2283
specify other databases that are to be checked as part of a	2284
database review conducted under this section.	2285

(2) The rules shall specify all of the following:

2286

(a) The procedures for conducting database reviews under this	2287
section;	2288

(b) If the rules require employees to undergo database	2289
reviews and criminal records checks under this section, the times	2290
at which the database reviews and criminal records checks are to	2291
be conducted;	2292

(c) If the rules specify other databases to be checked as	2293
part of the database reviews, the circumstances under which a	2294
responsible party is prohibited from ~~employing~~hiring an applicant	2295
or ~~continuing to employ~~retaining an employee who is found by a	2296
database review to be included in one or more of those databases;	2297

(d) Standards that an applicant or employee must meet for a	2298
responsible party to be permitted to ~~employ~~hire the applicant or	2299
~~continue to employ~~retain the employee in a position that involves	2300
providing ombudsman services to residents and recipients if the	2301
applicant or employee is found by a criminal records check	2302
required by this section to have been convicted of,or pleaded	2303
guilty to~~, or been found eligible for intervention in lieu of~~	2304
~~conviction for~~ a disqualifying offense.	2305

Sec. 173.38. (A) As used in this section:

2306

(1)(a) "Applicant" means aall of the following:

2307

(i) A person who is under final consideration for ~~employment~~	2308
~~with~~hiring by a responsible party in a full-time, part-time, or	2309
temporary direct-care position or is referred to a responsible	2310
party by an employment service for such a position~~. "Applicant"~~;	2311

(ii) A self-employed provider bidding on a contract or grant	2312
with an area agency on aging to provide community-based long-term	2313
care services;	2314

(iii) A self-employed provider applying under section 173.391	2315
of the Revised Code for certification to provide community-based	2316
long-term care services.	2317

(b) "Applicant" does not include a person being considered	2318
for a direct-care position as a volunteer.	2319

(2) "Area agency on aging" has the same meaning as in section	2320
173.14 of the Revised Code.	2321

(3) "Community-based long-term care services" means	2322
community-based long-term care services, as defined in section	2323
173.14 of the Revised Code, that are provided under a program the	2324
department of aging administers.	2325

(4) "Consumer" means an individual who receives	2326
community-based long-term care services.	2327

(5) "Criminal records check" has the same meaning as in	2328
section 109.572 of the Revised Code.	2329

(6)(a) "Direct-care position" means an employment position in	2330
which an employee has either or both of the following:	2331

(i) In-person contact with one or more consumers;

2332

(ii) Access to one or more consumers' personal property or	2333
records.	2334

(b) "Direct-care position" does not include a person whose	2335
sole duties are transporting individuals under Chapter 306. of the	2336
Revised Code.	2337

(7) "Disqualifying offense" means any of the offenses listed	2338
or described in divisions (A)(3)(a) to (e) of section 109.572 of	2339
the Revised Code.	2340

(8)(a) "Employee" means aall of the following:

2341

(i) A person employed by a responsible party in a full-time,	2342
part-time, or temporary direct-care position and a person who	2343
works in such a position due to being referred to a responsible	2344
party by an employment service~~. "Employee"~~;	2345

(ii) A self-employed provider who has a contract or grant	2346
with an area agency on aging to provide community-based long-term	2347
care services;	2348

(iii) A self-employed provider certified under section	2349
173.391 of the Revised Code to provide community-based long-term	2350
care services.	2351

(b) "Employee" does not include a person who works in a	2352
direct-care position as a volunteer.	2353

(9) "PASSPORT administrative agency" has the same meaning as	2354
in section 173.42 of the Revised Code.	2355

(10) "Provider" has the same meaning as in section 173.39 of	2356
the Revised Code.	2357

(11) "Responsible party" means the following:

2358

(a) An area agency on aging in the case of ~~either~~any of the	2359
following:	2360

(i) A person who is an applicant because the agency is giving	2361
the person ~~is under~~ final consideration for ~~employment with the~~	2362
~~agency in~~being hired into a full-time, part-time, or temporary	2363
direct-care position or isan employment service referred the	2364
person to the agency ~~by an employment service~~ for such a position;	2365

(ii) A person who is an employee because the agency employs	2366
the person ~~is employed by the agency~~ in a full-time, part-time, or	2367
temporary direct-care position or ~~works in such a position due to~~	2368
~~being~~an employment service referred the person to the agency by	2369
~~an employment service~~for employment in such a position;	2370

(iii) A self-employed provider who is an applicant because	2371
the provider is bidding on a contract or grant with the agency to	2372
provide community-based long-term care services;	2373

(iv) A self-employed provider who is an employee because the	2374
provider has a contract or grant with the agency to provide	2375
community-based long-term care services.	2376

(b) A PASSPORT administrative agency in the case of ~~either~~	2377
any of the following:	2378

(i) A person who is an applicant because the agency is giving	2379
the person ~~is under~~ final consideration for ~~employment with the~~	2380
~~agency in~~being hired into a full-time, part-time, or temporary	2381
direct-care position or isan employment service referred the	2382
person to the agency ~~by an employment service~~ for such a position;	2383

(ii) A person who is an employee because the agency employs	2384
the person ~~is employed by the agency~~ in a full-time, part-time, or	2385
temporary direct-care position or ~~works in such a position due to~~	2386
~~being~~an employment service referred the person to the agency by	2387
~~an employment service~~for employment in such a position;	2388

(iii) A self-employed provider who is an applicant because	2389
the provider is applying under section 173.391 of the Revised Code	2390
for certification to provide community-based long-term care	2391
services and intends to provide the services in the area served by	2392
the agency;	2393

(iv) A self-employed provider who is an employee because the	2394
provider is certified under section 173.391 of the Revised Code to	2395
provide community-based long-term care services and provides the	2396
services in the area served by the agency.	2397

2398

(i) A person who is an applicant because the provider is	2399
giving the person ~~is under~~ final consideration for ~~employment with~~	2400
~~the provider in~~being hired into a full-time, part-time, or	2401
temporary direct-care position or isan employment service	2402
referred the person to the provider ~~by an employment service~~ for	2403
such a position;	2404

(ii) A person who is an employee because the provider employs	2405
the person ~~is employed by the provider~~ in a full-time, part-time,	2406
or temporary direct-care position or ~~works in such a position due~~	2407
~~to being~~an employment service referred the person to the provider	2408
~~by an employment service~~for employment in such a position.	2409

(d) A subcontractor in the case of either of the following:

2410

(i) A person who is an applicant because the subcontractor is	2411
giving the person ~~is under~~ final consideration for ~~employment with~~	2412
~~the subcontractor in~~being hired into a full-time, part-time, or	2413
temporary direct-care position or isan employment service	2414
referred the person to the subcontractor ~~by an employment service~~	2415
for such a position;	2416

(ii) A person who is an employee because the subcontractor	2417
employs the person ~~is employed by the subcontractor~~ in a	2418
full-time, part-time, or temporary direct-care position or ~~works~~	2419
~~in such a position due to being~~an employment service referred the	2420
person to the subcontractor ~~by an employment service~~for	2421
employment in such a position.	2422

(e) A consumer who, as the employer of record, directs a	2423
consumer-directed provider.	2424

(12) "Self-employed" means the state of working for one's	2425
self with no employees. A consumer-directed provider is not	2426
self-employed because the consumer is the employer of record.	2427

(13) "Subcontractor" has the meaning specified in rules	2428
adopted under this section.	2429

~~(13)~~(14) "Volunteer" means a person who serves in a	2430
direct-care position without receiving or expecting to receive any	2431
form of remuneration other than reimbursement for actual expenses.	2432

~~(14)~~(15) "Waiver agency" has the same meaning as in section	2433
5164.342 of the Revised Code.	2434

(B) This section does not apply to any individual who is	2435
subject to a database review or criminal records check under	2436
section 3701.881 of the Revised Code or to any individual who is	2437
subject to a criminal records check under section 3721.121 of the	2438
Revised Code. If a provider or subcontractor also is a waiver	2439
agency, the provider or subcontractor may provide for applicants	2440
and employees to undergo database reviews and criminal records	2441
checks in accordance with section 5164.342 of the Revised Code	2442
rather than this section.	2443

(C) No responsible party shall ~~employ~~hire an applicant or	2444
~~continue to employ~~retain an employee in a direct-care position if	2445
any of the following apply:	2446

(1) A review of the databases listed in division (E) of this	2447
section reveals any of the following:	2448

(a) That the applicant or employee is included in one or more	2449
of the databases listed in divisions (E)(1) to (5) of this	2450
section;	2451

(b) That there is in the state nurse aide registry	2452
established under section 3721.32 of the Revised Code a statement	2453
detailing findings by the director of health that the applicant or	2454
employee neglected or abused a long-term care facility or	2455
residential care facility resident or misappropriated property of	2456
such a resident;	2457

(c) That the applicant or employee is included in one or more	2458
of the databases, if any, specified in rules adopted under this	2459
section and the rules prohibit the responsible party from	2460
~~employing~~hiring an applicant or ~~continuing to employ~~retaining an	2461
employee included in such a database in a direct-care position.	2462

(2) After the applicant or employee is provided, pursuant to	2463
division (F)(2)(a) of this section, a copy of the form prescribed	2464
pursuant to division (C)(1) of section 109.572 of the Revised Code	2465
and the standard impression sheet prescribed pursuant to division	2466
(C)(2) of that section, the applicant or employee fails to	2467
complete the form or provide the applicant's or employee's	2468
fingerprint impressions on the standard impression sheet.	2469

(3) Unless the applicant or employee meets standards	2470
specified in rules adopted under this section, the applicant or	2471
employee is found by a criminal records check required by this	2472
section to have been convicted of,or pleaded guilty to~~, or been~~	2473
~~found eligible for intervention in lieu of conviction for~~ a	2474
disqualifying offense.	2475

(D) Except as provided by division (G) of this section, the	2476
chief administrator of a responsible party shall inform each	2477
applicant of both of the following at the time of the applicant's	2478
initial application for ~~employment~~hiring into a direct-care	2479
position or referral to the responsible party by an employment	2480
service for a direct-care position:	2481

(1) That a review of the databases listed in division (E) of	2482
this section will be conducted to determine whether the	2483
responsible party is prohibited by division (C)(1) of this section	2484
from ~~employing~~hiring the applicant ininto the direct-care	2485
position;	2486

(2) That, unless the database review reveals that the	2487
applicant may not be ~~employed in~~hired into the direct-care	2488
position, a criminal records check of the applicant will be	2489
conducted and the applicant is required to provide a set of the	2490
applicant's fingerprint impressions as part of the criminal	2491
records check.	2492

(E) As a condition ~~of employing~~for hiring any applicant in	2493
into a direct-care position, the chief administrator of a	2494
responsible party shall conduct a database review of the applicant	2495
in accordance with rules adopted under this section. If rules	2496
adopted under this section so require, the chief administrator of	2497
a responsible party shall conduct a database review of an employee	2498
in accordance with the rules as a condition of ~~continuing to~~	2499
~~employ~~retaining the employee in a direct-care position. However,	2500
a chief administrator is not required to conduct a database review	2501
of an applicant or employee if division (G) of this section	2502
applies. A database review shall determine whether the applicant	2503
or employee is included in any of the following:	2504

(1) The excluded parties list system that is maintained by	2505
the United States general services administration pursuant to	2506
subpart 9.4 of the federal acquisition regulation and available at	2507
the federal web site known as the system for award management;	2508

(2) The list of excluded individuals and entities maintained	2509
by the office of inspector general in the United States department	2510
of health and human services pursuant to the "Social Security	2511
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;	2512

(3) The registry of MR/DD employees established under section	2513
5123.52 of the Revised Code;	2514

(4) The internet-based sex offender and child-victim offender	2515
database established under division (A)(11) of section 2950.13 of	2516
the Revised Code;	2517

(5) The internet-based database of inmates established under	2518
section 5120.66 of the Revised Code;	2519

(6) The state nurse aide registry established under section	2520
3721.32 of the Revised Code;	2521

(7) Any other database, if any, specified in rules adopted	2522
under this section.	2523

(F)(1) As a condition ~~of employing~~for hiring any applicant	2524
ininto a direct-care position, the chief administrator of a	2525
responsible party shall request that the superintendent of the	2526
bureau of criminal identification and investigation conduct a	2527
criminal records check of the applicant. If rules adopted under	2528
this section so require, the chief administrator of a responsible	2529
party shall request that the superintendent conduct a criminal	2530
records check of an employee at times specified in the rules as a	2531
condition ~~of continuing to employ~~for retaining the employee in a	2532
direct-care position. However, the chief administrator is not	2533
required to request the criminal records check of the applicant or	2534
employee if division (G) of this section applies or the	2535
responsible party is prohibited by division (C)(1) of this section	2536
from ~~employing~~hiring the applicant or ~~continuing to employ~~	2537
retaining the employee in a direct-care position. If an applicant	2538
or employee for whom a criminal records check request is required	2539
by this section does not present proof of having been a resident	2540
of this state for the five-year period immediately prior to the	2541
date the criminal records check is requested or provide evidence	2542
that within that five-year period the superintendent has requested	2543
information about the applicant or employee from the federal	2544
bureau of investigation in a criminal records check, the chief	2545
administrator shall request that the superintendent obtain	2546
information from the federal bureau of investigation as part of	2547
the criminal records check. Even if an applicant or employee for	2548
whom a criminal records check request is required by this section	2549
presents proof of having been a resident of this state for the	2550
five-year period, the chief administrator may request that the	2551
superintendent include information from the federal bureau of	2552
investigation in the criminal records check.	2553

(2) The chief administrator shall do all of the following:

2554

(a) Provide to each applicant and employee for whom a	2555
criminal records check request is required by this section a copy	2556
of the form prescribed pursuant to division (C)(1) of section	2557
109.572 of the Revised Code and a standard impression sheet	2558
prescribed pursuant to division (C)(2) of that section;	2559

(b) Obtain the completed form and standard impression sheet	2560
from the applicant or employee;	2561

(c) Forward the completed form and standard impression sheet	2562
to the superintendent.	2563

(3) A responsible party shall pay to the bureau of criminal	2564
identification and investigation the fee prescribed pursuant to	2565
division (C)(3) of section 109.572 of the Revised Code for each	2566
criminal records check the responsible party requests under this	2567
section. A responsible party may charge an applicant a fee not	2568
exceeding the amount the responsible party pays to the bureau	2569
under this section if both of the following apply:	2570

(a) The responsible party notifies the applicant at the time	2571
of initial application for ~~employment~~hiring into the position in	2572
question of the amount of the fee and that, unless the fee is	2573
paid, the applicant will not be considered for ~~employment~~the	2574
hiring.	2575

(b) The medicaid program does not pay the responsible party	2576
for the fee it pays to the bureau under this section.	2577

(G) Divisions (D) to (F) of this section do not apply with	2578
regard to an applicant or employee if the applicant or employee is	2579
referred to a responsible party by an employment service that	2580
supplies full-time, part-time, or temporary staff for direct-care	2581
positions and both of the following apply:	2582

(1) The chief administrator of the responsible party receives	2583
from the employment service confirmation that a review of the	2584
databases listed in division (E) of this section was conducted of	2585
the applicant or employee.	2586

(2) The chief administrator of the responsible party receives	2587
from the employment service, applicant, or employee a report of	2588
the results of a criminal records check of the applicant or	2589
employee that has been conducted by the superintendent within the	2590
one-year period immediately preceding the following:	2591

(a) In the case of an applicant, the date of the applicant's	2592
referral by the employment service to the responsible party;	2593

(b) In the case of an employee, the date by which the	2594
responsible party would otherwise have to request a criminal	2595
records check of the employee under division (F) of this section.	2596

(H)(1) A responsible party may ~~employ~~ conditionally hire an	2597
applicant for whom a criminal records check request is required by	2598
this section prior to obtaining the results of the criminal	2599
records check if the responsible party is not prohibited by	2600
division (C)(1) of this section from ~~employing~~hiring the	2601
applicant in a direct-care position and either of the following	2602
applies:	2603

(a) The chief administrator of the responsible party requests	2604
the criminal records check in accordance with division (F) of this	2605
section not later than five business days after the responsible	2606
party conditionally hires the applicant ~~begins conditional~~	2607
~~employment~~.	2608

(b) The applicant is referred to the responsible party by an	2609
employment service, the employment service or the applicant	2610
provides the chief administrator of the responsible party a letter	2611
that is on the letterhead of the employment service, the letter is	2612
dated and signed by a supervisor or another designated official of	2613
the employment service, and the letter states all of the	2614
following:	2615

(i) That the employment service has requested the	2616
superintendent to conduct a criminal records check regarding the	2617
applicant;	2618

(ii) That the requested criminal records check is to include	2619
a determination of whether the applicant has been convicted of,or	2620
pleaded guilty to~~, or been found eligible for intervention in lieu~~	2621
~~of conviction for~~ a disqualifying offense;	2622

(iii) That the employment service has not received the	2623
results of the criminal records check as of the date set forth on	2624
the letter;	2625

(iv) That the employment service promptly will send a copy of	2626
the results of the criminal records check to the chief	2627
administrator of the responsible party when the employment service	2628
receives the results.	2629

(2) If a responsible party ~~employs an applicant~~ conditionally	2630
hires an applicant pursuant to division (H)(1)(b) of this section,	2631
the employment service, on its receipt of the results of the	2632
criminal records check, promptly shall send a copy of the results	2633
to the chief administrator of the responsible party.	2634

(3) A responsible party that ~~employs~~conditionally hires an	2635
applicant ~~conditionally~~ pursuant to division (H)(1)(a) or (b) of	2636
this section shall ~~terminate the applicant's employment~~remove the	2637
conditionally hired applicant from any job duties that require a	2638
criminal records check if the results of the criminal records	2639
check, other than the results of any request for information from	2640
the federal bureau of investigation, are not obtained within the	2641
period ending sixty days after the date the request for the	2642
criminal records check is made. ~~Regardless~~	2643

Regardless of when the results of the criminal records check	2644
are obtained, if the results indicate that the conditionally hired	2645
applicant has been convicted of,or pleaded guilty to~~, or been~~	2646
~~found eligible for intervention in lieu of conviction for~~ a	2647
disqualifying offense, the responsible party shall terminate the	2648
conditionally hired applicant's employment unless the applicant	2649
meets standards specified in rules adopted under this section that	2650
permit the responsible party to ~~employ~~hire the applicant and the	2651
responsible party chooses to ~~employ~~hire the applicant.	2652
Termination of employment under this division shall be considered	2653
just cause for discharge for purposes of division (D)(2) of	2654
section 4141.29 of the Revised Code if the applicant makes any	2655
attempt to deceive the responsible party about the applicant's	2656
criminal record.	2657

(I) The report of any criminal records check conducted	2658
pursuant to a request made under this section is not a public	2659
record for the purposes of section 149.43 of the Revised Code and	2660
shall not be made available to any person other than the	2661
following:	2662

(1) The applicant or employee who is the subject of the	2663
criminal records check or the applicant's or employee's	2664
representative;	2665

(2) The chief administrator of the responsible party	2666
requesting the criminal ~~records check~~record or the	2667
administrator's representative;	2668

(3) The administrator of any other facility, agency, or	2669
program that provides community-based long-term care services that	2670
is owned or operated by the same entity that owns or operates the	2671
responsible party that requested the criminal records check;	2672

(4) The employment service that requested the criminal	2673
records check;	2674

(5) The director of aging or a person authorized by the	2675
director to monitor a responsible party's compliance with this	2676
section;	2677

(6) The medicaid director and the staff of the department of	2678
medicaid who are involved in the administration of the medicaid	2679
program if either of the following apply:	2680

(a) In the case of a criminal records check requested by a	2681
provider or subcontractor, the provider or subcontractor also is a	2682
waiver agency;	2683

(b) In the case of a criminal records check requested by an	2684
employment service, the employment service makes the request for	2685
an applicant or employee the employment service refers to a	2686
provider or subcontractor that also is a waiver agency.	2687

(7) A court, hearing officer, or other necessary individual	2688
involved in a case dealing with any of the following:	2689

(a) A denial of ~~employment~~hiring of the applicant or of	2690
retention of the employee;	2691

(b) Employment or unemployment benefits of the applicant or	2692
employee;	2693

(c) A civil or criminal action regarding the medicaid program	2694
or a program the department of aging administers.	2695

(J) In a tort or other civil action for damages that is	2696
brought as the result of an injury, death, or loss to person or	2697
property caused by an applicant who a responsible party hires, or	2698
an employee who a responsible party employs, in a direct-care	2699
position, all of the following shall apply:	2700

(1) If the responsible party ~~employed~~hired the applicant or	2701
retained the employee in good faith and reasonable reliance on the	2702
report of a criminal records check requested under this section,	2703
the responsible party shall not be found negligent solely because	2704
of its reliance on the report, even if the information in the	2705
report is determined later to have been incomplete or inaccurate.	2706

(2) If the responsible party ~~employed~~conditionally hired the	2707
applicant in good faith ~~on a conditional basis~~ pursuant to	2708
division (H) of this section, the responsible party shall not be	2709
found negligent solely because it ~~employed~~conditionally hired the	2710
applicant prior to receiving the report of a criminal records	2711
check requested under this section.	2712

(3) If the responsible party in good faith ~~employed~~hired the	2713
applicant or retained the employee because the applicant or	2714
employee meets standards specified in rules adopted under this	2715
section, the responsible party shall not be found negligent solely	2716
because the applicant or employee has been convicted of,or	2717
pleaded guilty to~~, or been found eligible for intervention in lieu~~	2718
~~of conviction for~~ a disqualifying offense.	2719

(K) The director of aging shall adopt rules in accordance	2720
with Chapter 119. of the Revised Code to implement this section.	2721

(1) The rules may do the following:

2722

(a) Require employees to undergo database reviews and	2723
criminal records checks under this section;	2724

(b) If the rules require employees to undergo database	2725
reviews and criminal records checks under this section, exempt one	2726
or more classes of employees from the requirements;	2727

(c) For the purpose of division (E)(7) of this section,	2728
specify other databases that are to be checked as part of a	2729
database review conducted under this section.	2730

(2) The rules shall specify all of the following:

2731

(a) The meaning of the term "subcontractor";

2732

(b) The procedures for conducting database reviews under this	2733
section;	2734

(c) If the rules require employees to undergo database	2735
reviews and criminal records checks under this section, the times	2736
at which the database reviews and criminal records checks are to	2737
be conducted;	2738

(d) If the rules specify other databases to be checked as	2739
part of the database reviews, the circumstances under which a	2740
responsible party is prohibited from ~~employing~~hiring an applicant	2741
or ~~continuing to employ~~retaining an employee who is found by a	2742
database review to be included in one or more of those databases;	2743

(e) Standards that an applicant or employee must meet for a	2744
responsible party to be permitted to ~~employ~~hire the applicant or	2745
~~continue to employ~~retain the employee in a direct-care position	2746
if the applicant or employee is found by a criminal records check	2747
required by this section to have been convicted of,or pleaded	2748
guilty to~~, or been found eligible for intervention in lieu of~~	2749
~~conviction for~~ a disqualifying offense.	2750

Sec. 191.01. As used in this chapter:

2751

(A) "Administrative safeguards," "availability,"	2752
"confidentiality," "integrity," "physical safeguards," and	2753
"technical safeguards" have the same meanings as in 45 C.F.R.	2754
164.304.	2755

(B) "Business associate," "covered entity," "health plan,"	2756
"individually identifiable health information," and "protected	2757
health information" have the same meanings as in 45 C.F.R.	2758
160.103.	2759

(C) "Executive director of the office of health	2760
transformation" or "executive director" means the executive	2761
director of the office of health transformation or the chief	2762
administrative officer of a successor governmental entity	2763
responsible for health system oversight in this state.	2764

(D) "Government program providing public benefits" means any	2765
program administered by a state agency that has been identified,	2766
pursuant to section 191.02 of the Revised Code, by the executive	2767
director of the office of health transformation in consultation	2768
with the individuals specified in that section.	2769

(E) "Office of health transformation" means the office of	2770
health transformation created by executive order 2011-02K.	2771

(F) "Operating protocol" means a protocol adopted by the	2772
executive director of the office of health transformation or the	2773
executive director's designee under division (D) of section 191.06	2774
of the Revised Code.	2775

(G) "Participating agency" means a state agency that	2776
participates in a health transformation initiative as specified in	2777
the one or more operating protocols adopted for the initiative	2778
under division (D) of section 191.06 of the Revised Code.	2779

(H) "Personally identifiable information" means information	2780
that meets both of the following criteria:	2781

(1) It identifies an individual or there is a reasonable	2782
basis to believe that it may be used to identify an individual;	2783

(2) It relates to an individual's eligibility for,	2784
application for, or receipt of public benefits from a government	2785
program providing public benefits.	2786

(I) "State agency" means each of the following:

2787

(1) The department of administrative services;

2788

(2) The department of aging;

2789

(3) The development services agency;

2790

(4) The department of developmental disabilities;

2791

(5) The department of education;

2792

(6) The department of health;

2793

(7) The department of insurance;

2794

(8) The department of job and family services;

2795

(9) The department of medicaid;

2796

(10) The department of mental health and addiction services;

2797

(11) The department of rehabilitation and correction;

2798

(12) The department of taxation;

2799

(13) The department of veterans services;

2800

(14) The department of youth services;

2801

(15) The opportunities for Ohioans with disabilities agency.

2802

(J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

2803

Sec. 340.02. (A) For each alcohol, drug addiction, and	2804
mental health service district, there shall be appointed a board	2805
of alcohol, drug addiction, and mental health services consisting	2806
of eighteen members or fourteen members. Should the board of	2807
alcohol, drug addiction, and mental health services elect to	2808
remain at eighteen members, as provided under section 340.02 of	2809
the Revised Code as it existed immediately prior to the date of	2810
this amendment, the board of alcohol, drug addiction, and mental	2811
health services and the board of county commissioners shall not be	2812
required to take any action. Should the board of alcohol, drug	2813
addiction, and mental health services elect a recommendation to	2814
become a fourteen-member board, that recommendation must be	2815
approved by the board of county commissioners of the county in	2816
which the alcohol, drug addiction, and mental health district is	2817
located in order for the transition to a fourteen-member board to	2818
occur. Not later than September 30, 2013, each board of alcohol,	2819
drug addiction, and mental health services wishing to become a	2820
fourteen-member board shall notify the board of county	2821
commissioners of that recommendation. Failure of the board of	2822
county commissioners to take action within thirty days after	2823
receipt of the recommendation shall be deemed agreement by the	2824
board of county commissioners to transition to a fourteen-member	2825
board of alcohol, drug addiction, and mental health services.	2826
Should the board of county commissioners reject the	2827
recommendation, the board of county commissioners shall adopt a	2828
resolution stating that rejection within thirty days after receipt	2829
of the recommendation. Upon adoption of the resolution, the board	2830
of county commissioners shall meet with the board of alcohol, drug	2831
addiction, and mental health services to discuss the matter. After	2832
the meeting, the board of county commissioners shall notify the	2833
department of mental health and addiction services of its election	2834
not later than January 1, 2014. In a joint-county district, a	2835
majority of the boards of county commissioners must not reject the	2836
recommendation of a joint-county board to become a fourteen-member	2837
board in order for the transition to a fourteen-member board to	2838
occur. Should the joint-county district have an even number of	2839
counties, and the boards of county commissioners of these counties	2840
tie in terms of whether or not to accept the recommendation of the	2841
alcohol, drug addiction, and mental health services board, the	2842
recommendation of the alcohol, drug addiction, and mental health	2843
service board to become a fourteen-member board shall prevail. The	2844
election shall be final. Failure to provide notice of its election	2845
to the department on or before January 1, 2014, shall constitute	2846
an election to continue to operate as an eighteen-member board,	2847
which election shall also be final. If an existing board provides	2848
timely notice of its election to transition to operate as a	2849
fourteen-member board, the number of board members may decline	2850
from eighteen to fourteen by attrition as current members' terms	2851
expire. However, the composition of the board must reflect the	2852
requirements set forth in this section for fourteen-member boards.	2853
For all boards, half of the members shall be interested in mental	2854
health services and half of the members shall be interested in	2855
alcohol, drug, or gambling addiction services. All members shall	2856
be residents of the service district. The membership shall, as	2857
nearly as possible, reflect the composition of the population of	2858
the service district as to race and sex.	2859

(B) For boards operating as eighteen-member boards, the	2860
director of mental health and addiction services shall appoint	2861
eight members of the board and the board of county commissioners	2862
shall appoint ten members. For boards operating as fourteen-member	2863
boards, the director of mental health and addiction services shall	2864
appoint six members of the board and the board of county	2865
commissioners shall appoint eight members. In a joint-county	2866
district, the county commissioners of each participating county	2867
shall appoint members in as nearly as possible the same proportion	2868
as that county's population bears to the total population of the	2869
district, except that at least one member shall be appointed from	2870
each participating county.	2871

(C) The director of mental health and addiction services	2872
shall ensure that at least one member of the board is a clinician	2873
with experience in the delivery of mental health services, at	2874
least one member of the board is a person who has received or is	2875
receiving mental health services ~~paid for by public funds~~, at	2876
least one member of the board is a parent or other relative of	2877
such a person, at least one member of the board is a clinician	2878
with experience in the delivery of addiction services, at least	2879
one member of the board is a person who has received or is	2880
receiving addiction services ~~paid for by public funds~~, and at	2881
least one member of the board is a parent or other relative of	2882
such a person. A single member who meets both qualifications may	2883
fulfill the requirement for a clinician with experience in the	2884
delivery of mental health services and a clinician with experience	2885
in the delivery of addiction services.	2886

(D) No member or employee of a board of alcohol, drug	2887
addiction, and mental health services shall serve as a member of	2888
the board of any provider with which the board of alcohol, drug	2889
addiction, and mental health services has entered into a contract	2890
for the provision of services or facilities. No member of a board	2891
of alcohol, drug addiction, and mental health services shall be an	2892
employee of any provider with which the board has entered into a	2893
contract for the provision of services or facilities. No person	2894
shall be an employee of a board and such a provider unless the	2895
board and provider both agree in writing.	2896

(E) No person shall serve as a member of the board of	2897
alcohol, drug addiction, and mental health services whose spouse,	2898
child, parent, brother, sister, grandchild, stepparent, stepchild,	2899
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	2900
daughter-in-law, brother-in-law, or sister-in-law serves as a	2901
member of the board of any provider with which the board of	2902
alcohol, drug addiction, and mental health services has entered	2903
into a contract for the provision of services or facilities. No	2904
person shall serve as a member or employee of the board whose	2905
spouse, child, parent, brother, sister, stepparent, stepchild,	2906
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	2907
daughter-in-law, brother-in-law, or sister-in-law serves as a	2908
county commissioner of a county or counties in the alcohol, drug	2909
addiction, and mental health service district.	2910

(F) Each year each board member shall attend at least one	2911
inservice training session provided or approved by the department	2912
of mental health and addiction services.	2913

(G) For boards operating as eighteen-member boards, each	2914
member shall be appointed for a term of four years, commencing the	2915
first day of July, except that one-third of initial appointments	2916
to a newly established board, and to the extent possible to	2917
expanded boards, shall be for terms of two years, one-third of	2918
initial appointments shall be for terms of three years, and	2919
one-third of initial appointments shall be for terms of four	2920
years. For boards operating as fourteen-member boards, each member	2921
shall be appointed for a term of four years, commencing the first	2922
day of July, except that four of the initial appointments to a	2923
newly established board, and to the extent possible to expanded	2924
boards, shall be for terms of two years, five initial appointments	2925
shall be for terms of three years, and five initial appointments	2926
shall be for terms of four years. No member shall serve more than	2927
two consecutive four-year terms under the same appointing	2928
authority. A member may serve for three consecutive terms under	2929
the same appointing authority only if one of the terms is for less	2930
than two years. A member who has served two consecutive four-year	2931
terms or three consecutive terms totaling less than ten years is	2932
eligible for reappointment by the same appointing authority one	2933
year following the end of the second or third term, respectively.	2934

When a vacancy occurs, appointment for the expired or	2935
unexpired term shall be made in the same manner as an original	2936
appointment. The appointing authority shall be notified by	2937
certified mail of any vacancy and shall fill the vacancy within	2938
sixty days following that notice.	2939

Any member of the board may be removed from office by the	2940
appointing authority for neglect of duty, misconduct, or	2941
malfeasance in office, and shall be removed by the appointing	2942
authority if the member is barred by this section from serving as	2943
a board member. The member shall be informed in writing of the	2944
charges and afforded an opportunity for a hearing. Upon the	2945
absence of a member within one year from either four board	2946
meetings or from two board meetings without prior notice, the	2947
board shall notify the appointing authority, which may vacate the	2948
appointment and appoint another person to complete the member's	2949
term.	2950

Members of the board shall serve without compensation, but	2951
shall be reimbursed for actual and necessary expenses incurred in	2952
the performance of their official duties, as defined by rules of	2953
the department of mental health and addiction services.	2954

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	2955
health service district where the board of county commissioners	2956
has established an alcohol and drug addiction services board, the	2957
community mental health board established under former section	2958
340.02 of the Revised Code shall serve as the entity responsible	2959
for providing mental health services in the county. A community	2960
mental health board has all the powers, duties, and obligations of	2961
a board of alcohol, drug addiction, and mental health services	2962
with regard to mental health services. An alcohol and drug	2963
addiction services board has all the powers, duties, and	2964
obligations of a board of alcohol, drug addiction, and mental	2965
health services with regard to addiction services. Any provision	2966
of the Revised Code that refers to a board of alcohol, drug	2967
addiction, and mental health services with regard to mental health	2968
services also refers to a community mental health board and any	2969
provision that refers to a board of alcohol, drug addiction, and	2970
mental health services with regard to alcohol and drug addiction	2971
services also refers to an alcohol and drug addiction services	2972
board.	2973

An alcohol and drug addiction services board shall consist of	2974
eighteen members or fourteen members, at the election of the	2975
board. Not later than January 1, 2014, each alcohol and drug	2976
addiction services board shall notify the department of mental	2977
health and addiction services of its election to operate as an	2978
eighteen-member board or to operate as a fourteen-member board.	2979
The election shall be final. Failure to provide notice of its	2980
election to the department on or before January 1, 2014, shall	2981
constitute an election to continue to operate as an	2982
eighteen-member board. If an existing board provides timely notice	2983
of its election to operate as a fourteen-member board, the number	2984
of board members may decline from eighteen to fourteen by	2985
attrition as current members' terms expire. However, the	2986
composition of the board must reflect the requirements set forth	2987
in this section and in applicable provisions of section 340.02 of	2988
the Revised Code for fourteen-member boards. For boards operating	2989
as eighteen-member boards, six members shall be appointed by the	2990
director of mental health and addiction services and twelve	2991
members shall be appointed by the board of county commissioners.	2992
The director of mental health and addiction services shall ensure	2993
that at least one member of the board is a person who has received	2994
or is receiving services for alcohol, drug, or gambling addiction	2995
~~paid for with public funds~~, at least one member is a parent or	2996
relative of such a person, and at least one member is a clinician	2997
with experience in the delivery of addiction services. The	2998
membership of the board shall, as nearly as possible, reflect the	2999
composition of the population of the service district as to race	3000
and sex. Members shall be residents of the service district and	3001
shall be interested in alcohol, drug, or gambling addiction	3002
services. Requirements for membership, including prohibitions	3003
against certain family and business relationships, and terms of	3004
office shall be the same as those for members of boards of	3005
alcohol, drug addiction, and mental health services.	3006

A community mental health board shall consist of eighteen	3007
members or fourteen members, at the election of the board. Not	3008
later than January 1, 2014, each community mental health board	3009
shall notify the department of mental health and addiction	3010
services of its election to operate as an eighteen-member board or	3011
to operate as a fourteen-member board. The election shall be	3012
final. Failure to provide notice of its election to the department	3013
on or before January 1, 2014, shall constitute an election to	3014
continue to operate as an eighteen-member board. If an existing	3015
board provides timely notice of its election to operate as a	3016
fourteen-member board, the number of board members may decline	3017
from eighteen to fourteen by attrition as current members' terms	3018
expire. However, the composition of the board must reflect the	3019
requirements set forth in this section and in applicable	3020
provisions of section 340.02 of the Revised Code for	3021
fourteen-member boards. For boards operating as eighteen-member	3022
boards, six members shall be appointed by the director of mental	3023
health and addiction services and twelve members shall be	3024
appointed by the board of county commissioners. The director of	3025
mental health and addiction services shall ensure that at least	3026
one member of the board is a person who has received or is	3027
receiving mental health services ~~paid for with public funds~~, at	3028
least one member is a parent or relative of such a person, and at	3029
least one member is a clinician with experience in the delivery of	3030
mental health services. The membership of the board as nearly as	3031
possible shall reflect the composition of the population of the	3032
service district as to race and sex. Members shall be residents of	3033
the service district and shall be interested in mental health	3034
services. Requirements for membership, including prohibitions	3035
against certain family and business relationships, and terms of	3036
office shall be the same as those for members of boards of	3037
alcohol, drug addiction, and mental health services.	3038

(B)(1) If a board of county commissioners subject to division	3039
(A) of this section did not adopt a final resolution providing for	3040
a board of alcohol, drug addiction, and mental health services on	3041
or before July 1, 2007, the board of county commissioners may	3042
establish a board of alcohol, drug addiction, and mental health	3043
services on or after ~~the effective date of this amendment~~	3044
September 23, 2008. To establish the board, the board of county	3045
commissioners shall adopt a resolution providing for the board's	3046
establishment. The composition of the board, the procedures for	3047
appointing members, and all other matters related to the board and	3048
its members are subject to section 340.02 of the Revised Code,	3049
with the following exceptions:	3050

(a) For initial appointments to the board, the county's	3051
community mental health board and alcohol and drug addiction	3052
services board shall jointly recommend members of those boards for	3053
reappointment and shall submit the recommendations to the board of	3054
county commissioners and the director of mental health and	3055
addiction services.	3056

(b) To the greatest extent possible, the appointing	3057
authorities shall appoint the initial members from among the	3058
members jointly recommended under division (B)(1)(a) of this	3059
section.	3060

(2) If a board of alcohol, drug addiction, and mental health	3061
services is established pursuant to division (B)(1) of this	3062
section, the board has the same rights, privileges, immunities,	3063
powers, and duties that were possessed by the county's community	3064
mental health board and alcohol and drug addiction services board.	3065
When the board is established, all property and obligations of the	3066
community mental health board and alcohol and drug addiction	3067
services board shall be transferred to the board of alcohol, drug	3068
addiction, and mental health services.	3069

Sec. 1321.535. ~~(A)~~ Each applicant for a mortgage loan	3070
originator license shall submit to a written test that is	3071
developed and approved by the nationwide mortgage licensing system	3072
and registry and administered by a test provider approved by the	3073
nationwide mortgage licensing system and registry based upon	3074
reasonable standards.	3075

~~(1)~~(A) The test shall adequately measure the applicant's	3076
knowledge and comprehension in appropriate subject matters,	3077
including ethics and federal and state law related to mortgage	3078
origination, fraud, consumer protection, the nontraditional	3079
mortgage marketplace, and fair lending issues.	3080

~~(2)~~(B) An individual shall not be considered to have passed	3081
the test unless the individual ~~achieves a test score of~~answers at	3082
least seventy-five per cent ~~correct answers on all~~of the	3083
questions ~~and at least seventy-five per cent correct answers on~~	3084
~~all questions relating to Ohio mortgage lending laws and the Ohio~~	3085
~~consumer sales practices act, Chapter 1345. of the Revised Code,~~	3086
~~as it applies to registrants and licensees~~correctly.	3087

~~(3)~~(C) An individual may retake the test three consecutive	3088
times provided the period between taking the tests is at least	3089
thirty days.	3090

~~(4)~~(D) After failing three consecutive tests, an individual	3091
shall be required to wait at least six months before taking the	3092
test again.	3093

~~(5)~~(E) If a mortgage loan originator fails to maintain a	3094
valid license for a period of five years or longer, the individual	3095
shall be required to retake the test. For this purpose, any time	3096
during which the individual is a registered mortgage loan	3097
originator shall not be taken into account.	3098

~~(B) Notwithstanding division (A) of this section, if the~~	3099
~~nationwide mortgage licensing system and registry fails to have in~~	3100
~~place a testing process that meets the criteria set forth in that~~	3101
~~division, the superintendent shall require, until that process is~~	3102
~~in place, evidence that the mortgage loan originator applicant~~	3103
~~passed a written test acceptable to the superintendent.~~	3104

Sec. 1321.55. (A) Every registrant shall keep records	3105
pertaining to loans made under sections 1321.51 to 1321.60 of the	3106
Revised Code. Such records shall be segregated from records	3107
pertaining to transactions that are not subject to these sections	3108
of the Revised Code. Every registrant shall preserve records	3109
pertaining to loans made under sections 1321.51 to 1321.60 of the	3110
Revised Code for at least two years after making the final entry	3111
on such records. Accounting systems maintained in whole or in part	3112
by mechanical or electronic data processing methods that provide	3113
information equivalent to that otherwise required are acceptable	3114
for this purpose. At least once each eighteen-month cycle, the	3115
division of financial institutions shall make or cause to be made	3116
an examination of records pertaining to loans made under sections	3117
1321.51 to 1321.60 of the Revised Code, for the purpose of	3118
determining whether the registrant is complying with these	3119
sections and of verifying the registrant's annual report.	3120

(B)(1) As required by the superintendent of financial	3121
institutions, each registrant shall file with the division each	3122
year aan annual report under oath or affirmation, on forms	3123
supplied by the division, concerning the business and operations	3124
for the preceding calendar year. Whenever a registrant operates	3125
two or more registered offices or whenever two or more affiliated	3126
registrants operate registered offices, then a composite report of	3127
the group of registered offices may be filed in lieu of individual	3128
reports. For purposes of compliance with this requirement, the	3129
superintendent may accept call reports or other reports of	3130
condition submitted to the nationwide mortgage licensing system	3131
and registry in lieu of the annual report.	3132

(2) The ~~division~~superintendent shall publish annually an	3133
analysis of the information required under ~~division~~divisions	3134
(B)(1) and (3) of this section, but the individual reports,	3135
whether filed with the superintendent or the nationwide mortgage	3136
licensing system and registry, shall not be public records and	3137
shall not be open to public inspection.	3138

(3) Each mortgage licensee shall submit to the nationwide	3139
mortgage licensing system and registry call reports or other	3140
reports of condition, which shall be in such form and shall	3141
contain such information as the nationwide mortgage licensing	3142
system and registry may require.	3143

(C)(1) The following information is confidential:

3144

(a) Examination information, and any information leading to	3145
or arising from an examination;	3146

(b) Investigation information, and any information arising	3147
from or leading to an investigation.	3148

(2) The information described in division (C)(1) of this	3149
section shall remain confidential for all purposes except when it	3150
is necessary for the superintendent to take official action	3151
regarding the affairs of a registrant or licensee, or in	3152
connection with criminal or civil proceedings to be initiated by a	3153
prosecuting attorney or the attorney general. This information may	3154
also be introduced into evidence or disclosed when and in the	3155
manner authorized by section 1181.25 of the Revised Code.	3156

(D) All application information, except social security	3157
numbers, employer identification numbers, financial account	3158
numbers, the identity of the institution where financial accounts	3159
are maintained, personal financial information, fingerprint cards	3160
and the information contained on such cards, and criminal	3161
background information, is a public record as defined in section	3162
149.43 of the Revised Code.	3163

(E) This section does not prevent the division of financial	3164
institutions from releasing to or exchanging with other financial	3165
institution regulatory authorities information relating to	3166
registrants and licensees. For this purpose, a "financial	3167
institution regulatory authority" includes a regulator of a	3168
business activity in which a registrant or licensee is engaged, or	3169
has applied to engage in, to the extent that the regulator has	3170
jurisdiction over a registrant or licensee engaged in that	3171
business activity. A registrant or licensee is engaged in a	3172
business activity, and a regulator of that business activity has	3173
jurisdiction over the registrant or licensee, whether the	3174
registrant or licensee conducts the activity directly or a	3175
subsidiary or affiliate of the registrant or licensee conducts the	3176
activity.	3177

(1) Any confidentiality or privilege arising under federal or	3178
state law with respect to any information or material provided to	3179
the nationwide mortgage licensing system and registry shall	3180
continue to apply to the information or material after the	3181
information or material has been provided to the nationwide	3182
mortgage licensing system and registry. The information and	3183
material so provided may be shared with all state and federal	3184
regulatory officials with mortgage industry oversight authority	3185
without the loss of confidentiality or privilege protections	3186
provided by federal law or the law of any state. Information or	3187
material described in division (E)(1) of this section to which	3188
confidentiality or privilege applies shall not be subject to any	3189
of the following:	3190

(a) Disclosure under any federal or state law governing	3191
disclosure to the public of information held by an officer or an	3192
agency of the federal government or of the respective state;	3193

(b) Subpoena or discovery, or admission into evidence, in any	3194
private civil action or administrative process, unless the person	3195
to whom such information or material pertains waives, in whole or	3196
in part and at the discretion of the person, any privilege held by	3197
the nationwide mortgage licensing system and registry with respect	3198
to that information or material.	3199

(2) The superintendent, in order to promote more effective	3200
regulation and reduce regulatory burden through supervisory	3201
information sharing, may enter into sharing arrangements with	3202
other governmental agencies, the conference of state bank	3203
supervisors, and the American association of residential mortgage	3204
regulators.	3205

(3) Any state law, including section 149.43 of the Revised	3206
Code, relating to the disclosure of confidential supervisory	3207
information or any information or material described in division	3208
(C)(1) or (E)(1) of this section that is inconsistent with this	3209
section shall be superseded by the requirements of this section.	3210

(F) This section shall not apply with respect to information	3211
or material relating to the employment history of, and publicly	3212
adjudicated disciplinary and enforcement actions against, mortgage	3213
loan originators that is included in the nationwide mortgage	3214
licensing system and registry for access by the public.	3215

(G) This section does not prevent the division from releasing	3216
information relating to registrants and licensees to the attorney	3217
general, to the superintendent of real estate and professional	3218
licensing for purposes relating to the administration of Chapters	3219
4735. and 4763. of the Revised Code, to the superintendent of	3220
insurance for purposes relating to the administration of Chapter	3221
3953. of the Revised Code, to the commissioner of securities for	3222
purposes relating to the administration of Chapter 1707. of the	3223
Revised Code, or to local law enforcement agencies and local	3224
prosecutors. Information the division releases pursuant to this	3225
section remains confidential.	3226

(H) The superintendent of financial institutions shall, by	3227
rule adopted in accordance with Chapter 119. of the Revised Code,	3228
establish a process by which mortgage loan originators may	3229
challenge information provided to the nationwide mortgage	3230
licensing system and registry by the superintendent.	3231

(I) No person, in connection with any examination or	3232
investigation conducted by the superintendent under sections	3233
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	3234
the following:	3235

(1) Circumvent, interfere with, obstruct, or fail to	3236
cooperate, including making a false or misleading statement,	3237
failing to produce records, or intimidating or suborning any	3238
witness;	3239

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	3240
any books, records, computer records, or other information;	3241

(3) Tamper with, alter, or manufacture any evidence.

3242

Sec. 1322.03. (A) An application for a certificate of	3243
registration as a mortgage broker shall be in writing, under oath,	3244
and in the form prescribed by the superintendent of financial	3245
institutions. The application shall be accompanied by a	3246
nonrefundable application fee of five hundred dollars for each	3247
location of an office to be maintained by the applicant in	3248
accordance with division (A) of section 1322.02 of the Revised	3249
Code and any additional fee required by the nationwide mortgage	3250
licensing system and registry. The application shall provide all	3251
of the following:	3252

(1) The location or locations where the business is to be	3253
transacted and whether any location is a residence. If any	3254
location where the business is to be transacted is a residence,	3255
the superintendent may require that the application be accompanied	3256
by a copy of a zoning permit authorizing the use of the residence	3257
for commercial purposes, or by a written opinion or other document	3258
issued by the county or political subdivision where the residence	3259
is located certifying that the use of the residence to transact	3260
business as a mortgage broker is not prohibited by the county or	3261
political subdivision.	3262

(2)(a) In the case of a sole proprietor, the name and address	3263
of the sole proprietor;	3264

(b) In the case of a partnership, the name and address of	3265
each partner;	3266

(c) In the case of a corporation, the name and address of	3267
each shareholder owning five per cent or more of the corporation;	3268

(d) In the case of any other entity, the name and address of	3269
any person that owns five per cent or more of the entity that will	3270
transact business as a mortgage broker.	3271

(3) Each applicant shall designate an employee or owner of	3272
the applicant as the applicant's operations manager. While acting	3273
as the operations manager, the employee or owner shall be licensed	3274
as a loan originator under sections 1322.01 to 1322.12 of the	3275
Revised Code and shall not be employed by any other mortgage	3276
broker.	3277

(4) Evidence that the person designated on the application	3278
pursuant to division (A)(3) of this section possesses at least	3279
three years of experience in the residential mortgage and lending	3280
field, which experience may include employment with or as a	3281
mortgage broker or with a depository institution, mortgage lending	3282
institution, or other lending institution, or possesses at least	3283
three years of other experience related specifically to the	3284
business of residential mortgage loans that the superintendent	3285
determines meets the requirements of division (A)(4) of this	3286
section;	3287

(5) Evidence that the person designated on the application	3288
pursuant to division (A)(3) of this section has successfully	3289
completed the pre-licensing instruction requirements set forth in	3290
section 1322.031 of the Revised Code;	3291

(6) Evidence of compliance with the surety bond requirements	3292
of section 1322.05 of the Revised Code and with sections 1322.01	3293
to 1322.12 of the Revised Code;	3294

(7) In the case of a foreign business entity, evidence that	3295
it maintains a license or registration pursuant to Chapter 1703.,	3296
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	3297
transact business in this state;	3298

(8) Evidence that the applicant's operations manager has	3299
successfully completed the written test required ~~under division~~	3300
~~(A) of~~by section 1322.051 of the Revised Code;	3301

(9) Any further information that the superintendent requires.

3302

(B) Upon the filing of the application and payment of the	3303
nonrefundable application fee and any fee required by the	3304
nationwide mortgage licensing system and registry, the	3305
superintendent of financial institutions shall investigate the	3306
applicant, and any individual whose identity is required to be	3307
disclosed in the application, as set forth in division (B) of this	3308
section.	3309

(1)(a) Notwithstanding division (K) of section 121.08 of the	3310
Revised Code, the superintendent shall obtain a criminal history	3311
records check and, as part of that records check, request that	3312
criminal record information from the federal bureau of	3313
investigation be obtained. To fulfill this requirement, the	3314
superintendent shall do either of the following:	3315

(i) Request the superintendent of the bureau of criminal	3316
identification and investigation, or a vendor approved by the	3317
bureau, to conduct a criminal records check based on the	3318
applicant's fingerprints or, if the fingerprints are unreadable,	3319
based on the applicant's social security number, in accordance	3320
with division (A)(12) of section 109.572 of the Revised Code;	3321

(ii) Authorize the nationwide mortgage licensing system and	3322
registry to request a criminal history background check.	3323

(b) Any fee required under division (C)(3) of section 109.572	3324
of the Revised Code or by the nationwide mortgage licensing system	3325
and registry shall be paid by the applicant.	3326

(2) The superintendent shall conduct a civil records check.

3327

(3) If, in order to issue a certificate of registration to an	3328
applicant, additional investigation by the superintendent outside	3329
this state is necessary, the superintendent may require the	3330
applicant to advance sufficient funds to pay the actual expenses	3331
of the investigation, if it appears that these expenses will	3332
exceed five hundred dollars. The superintendent shall provide the	3333
applicant with an itemized statement of the actual expenses that	3334
the applicant is required to pay.	3335

(C) The superintendent shall pay all funds advanced and	3336
application and renewal fees and penalties the superintendent	3337
receives pursuant to this section and section 1322.04 of the	3338
Revised Code to the treasurer of state to the credit of the	3339
consumer finance fund created in section 1321.21 of the Revised	3340
Code.	3341

(D) If an application for a mortgage broker certificate of	3342
registration does not contain all of the information required	3343
under division (A) of this section, and if that information is not	3344
submitted to the superintendent or to the nationwide mortgage	3345
licensing system and registry within ninety days after the	3346
superintendent or the nationwide mortgage licensing system and	3347
registry requests the information in writing, including by	3348
electronic transmission or facsimile, the superintendent may	3349
consider the application withdrawn.	3350

(E) A mortgage broker certificate of registration and the	3351
authority granted under that certificate is not transferable or	3352
assignable and cannot be franchised by contract or any other	3353
means.	3354

(F) The registration requirements of this chapter apply to	3355
any person acting as a mortgage broker, and no person is exempt	3356
from the requirements of this chapter on the basis of prior work	3357
or employment as a mortgage broker.	3358

(G) The superintendent may establish relationships or enter	3359
into contracts with the nationwide mortgage licensing system and	3360
registry, or any entities designated by it, to collect and	3361
maintain records and process transaction fees or other fees	3362
related to mortgage broker certificates of registration or the	3363
persons associated with a mortgage broker.	3364

Sec. 1322.031. (A) An application for a license as a loan	3365
originator shall be in writing, under oath, and in the form	3366
prescribed by the superintendent of financial institutions. The	3367
application shall be accompanied by a nonrefundable application	3368
fee of one hundred fifty dollars and any additional fee required	3369
by the nationwide mortgage licensing system and registry.	3370

(B)(1) The application shall provide evidence, acceptable to	3371
the superintendent, that the applicant has successfully completed	3372
at least twenty-four hours of pre-licensing instruction consisting	3373
of all of the following:	3374

(a) Twenty hours of instruction in a course or program of	3375
study reviewed and approved by the nationwide mortgage licensing	3376
system and registry;	3377

(b) Four hours of instruction in a course or program of study	3378
reviewed and approved by the superintendent concerning state	3379
lending laws and the Ohio consumer sales practices act, Chapter	3380
1345. of the Revised Code, as it applies to registrants and	3381
licensees.	3382

(2) Notwithstanding division (B)(1) of this section, until	3383
the nationwide mortgage licensing system and registry implements a	3384
review and approval program, the application shall provide	3385
evidence, as determined by the superintendent, that the applicant	3386
has successfully completed at least twenty-four hours of	3387
instruction in a course or program of study approved by the	3388
superintendent that consists of at least all of the following:	3389

(a) Four hours of instruction concerning state and federal	3390
mortgage lending laws, which shall include no less than two hours	3391
on this chapter;	3392

(b) Four hours of instruction concerning the Ohio consumer	3393
sales practices act, Chapter 1345. of the Revised Code, as it	3394
applies to registrants and licensees;	3395

(c) Four hours of instruction concerning the loan application	3396
process;	3397

(d) Two hours of instruction concerning the underwriting	3398
process;	3399

(e) Two hours of instruction concerning the secondary market	3400
for mortgage loans;	3401

(f) Four hours of instruction concerning the loan closing	3402
process;	3403

(g) Two hours of instruction covering basic mortgage	3404
financing concepts and terms;	3405

(h) Two hours of instruction concerning the ethical	3406
responsibilities of a registrant and a licensee, including with	3407
respect to confidentiality, consumer counseling, and the duties	3408
and standards of care created in section 1322.081 of the Revised	3409
Code.	3410

(3) For purposes of division (B)(1)(a) of this section, the	3411
review and approval of a course or program of study includes the	3412
review and approval of the provider of the course or program of	3413
study.	3414

(4) If an applicant held a valid loan originator license	3415
issued by this state at any time during the immediately preceding	3416
five-year period, the applicant shall not be required to complete	3417
any additional pre-licensing instruction. For this purpose, any	3418
time during which the individual is a registered loan originator	3419
shall not be taken into account.	3420

(5) A person having successfully completed the pre-licensing	3421
education requirement reviewed and approved by the nationwide	3422
mortgage licensing system and registry for any state within the	3423
previous five years shall be granted credit toward completion of	3424
the pre-licensing education requirement of this state.	3425

(C) In addition to the information required under division	3426
(B) of this section, the application shall provide both of the	3427
following:	3428

(1) Evidence that the applicant passed a written test that	3429
meets the requirements described in ~~division (B) of~~ section	3430
1322.051 of the Revised Code;	3431

(2) Any further information that the superintendent requires.

3432

(D) Upon the filing of the application and payment of the	3433
application fee and any fee required by the nationwide mortgage	3434
licensing system and registry, the superintendent of financial	3435
institutions shall investigate the applicant as set forth in	3436
division (D) of this section.	3437

(1)(a) Notwithstanding division (K) of section 121.08 of the	3438
Revised Code, the superintendent shall obtain a criminal history	3439
records check and, as part of the records check, request that	3440
criminal record information from the federal bureau of	3441
investigation be obtained. To fulfill this requirement, the	3442
superintendent shall do either of the following:	3443

(i) Request the superintendent of the bureau of criminal	3444
identification and investigation, or a vendor approved by the	3445
bureau, to conduct a criminal records check based on the	3446
applicant's fingerprints or, if the fingerprints are unreadable,	3447
based on the applicant's social security number, in accordance	3448
with division (A)(12) of section 109.572 of the Revised Code;	3449

(ii) Authorize the nationwide mortgage licensing system and	3450
registry to request a criminal history background check.	3451

(b) Any fee required under division (C)(3) of section 109.572	3452
of the Revised Code or by the nationwide mortgage licensing system	3453
and registry shall be paid by the applicant.	3454

(2) The superintendent shall conduct a civil records check.

3455

(3) If, in order to issue a license to an applicant,	3456
additional investigation by the superintendent outside this state	3457
is necessary, the superintendent may require the applicant to	3458
advance sufficient funds to pay the actual expenses of the	3459
investigation, if it appears that these expenses will exceed one	3460
hundred fifty dollars. The superintendent shall provide the	3461
applicant with an itemized statement of the actual expenses that	3462
the applicant is required to pay.	3463

(E)(1) In connection with applying for a loan originator	3464
license, the applicant shall furnish to the nationwide mortgage	3465
licensing system and registry the following information concerning	3466
the applicant's identity:	3467

(a) The applicant's fingerprints for submission to the	3468
federal bureau of investigation, and any other governmental agency	3469
or entity authorized to receive such information, for purposes of	3470
a state, national, and international criminal history background	3471
check;	3472

(b) Personal history and experience in a form prescribed by	3473
the nationwide mortgage licensing system and registry, along with	3474
authorization for the superintendent and the nationwide mortgage	3475
licensing system and registry to obtain the following:	3476

(i) An independent credit report from a consumer reporting	3477
agency;	3478

(ii) Information related to any administrative, civil, or	3479
criminal findings by any governmental jurisdiction.	3480

(2) In order to effectuate the purposes of divisions	3481
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	3482
may use the conference of state bank supervisors, or a wholly	3483
owned subsidiary, as a channeling agent for requesting information	3484
from and distributing information to the United States department	3485
of justice or any other governmental agency. The superintendent	3486
may also use the nationwide mortgage licensing system and registry	3487
as a channeling agent for requesting information from and	3488
distributing information to any source related to matters subject	3489
to those divisions of this section.	3490

(F) The superintendent shall pay all funds advanced and	3491
application and renewal fees and penalties the superintendent	3492
receives pursuant to this section and section 1322.041 of the	3493
Revised Code to the treasurer of state to the credit of the	3494
consumer finance fund created in section 1321.21 of the Revised	3495
Code.	3496

(G) If an application for a loan originator license does not	3497
contain all of the information required under this section, and if	3498
that information is not submitted to the superintendent or to the	3499
nationwide mortgage licensing system and registry within ninety	3500
days after the superintendent or the nationwide mortgage licensing	3501
system and registry requests the information in writing, including	3502
by electronic transmission or facsimile, the superintendent may	3503
consider the application withdrawn.	3504

(H)(1) The business of a loan originator shall principally be	3505
transacted at an office of the mortgage broker with whom the	3506
licensee is employed or associated, which office is registered in	3507
accordance with division (A) of section 1322.02 of the Revised	3508
Code. Each original loan originator license shall be deposited	3509
with and maintained by the mortgage broker at the mortgage	3510
broker's main office. A copy of the license shall be maintained	3511
and displayed at the office where the loan originator principally	3512
transacts business.	3513

(2) If a loan originator's employment or association is	3514
terminated for any reason, the mortgage broker shall return the	3515
original loan originator license to the superintendent within five	3516
business days after the termination. The licensee may request the	3517
transfer of the license to another mortgage broker by submitting a	3518
transfer application, along with a fifteen dollar fee and any fee	3519
required by the national mortgage licensing system and registry,	3520
to the superintendent or may request the superintendent in writing	3521
to hold the license in escrow. Any licensee whose license is held	3522
in escrow shall cease activity as a loan originator. A licensee	3523
whose license is held in escrow shall be required to apply for	3524
renewal annually and to comply with the annual continuing	3525
education requirement.	3526

(3) A mortgage broker may employ or be associated with a loan	3527
originator on a temporary basis pending the transfer of the loan	3528
originator's license to the mortgage broker, if the mortgage	3529
broker receives written confirmation from the superintendent that	3530
the loan originator is licensed under sections 1322.01 to 1322.12	3531
of the Revised Code.	3532

(4) Notwithstanding divisions (H)(1) to (3) of this section,	3533
if a licensee is employed by or associated with a person or entity	3534
listed in division (G)(2) of section 1322.01 of the Revised Code,	3535
all of the following apply:	3536

(a) The licensee shall maintain and display the original loan	3537
originator license at the office where the licensee principally	3538
transacts business;	3539

(b) If the loan originator's employment or association is	3540
terminated, the loan originator shall return the original loan	3541
originator license to the superintendent within five business days	3542
after termination. The licensee may request the transfer of the	3543
license to a mortgage broker or another person or entity listed in	3544
division (G)(2) of section 1322.01 of the Revised Code by	3545
submitting a transfer application, along with a fifteen-dollar fee	3546
and any fee required by the national mortgage licensing system and	3547
registry, to the superintendent or may request the superintendent	3548
in writing to hold the license in escrow. A licensee whose license	3549
is held in escrow shall cease activity as a loan originator. A	3550
licensee whose license is held in escrow shall be required to	3551
apply for renewal annually and to comply with the annual	3552
continuing education requirement.	3553

(c) The licensee may seek to be employed or associated with a	3554
mortgage broker or person or entity listed in division (G)(2) of	3555
section 1322.01 of the Revised Code if the mortgage broker or	3556
person or entity receives written confirmation from the	3557
superintendent that the loan originator is licensed under sections	3558
1322.01 to 1322.12 of the Revised Code.	3559

(I) The superintendent may establish relationships or enter	3560
into contracts with the nationwide mortgage licensing system and	3561
registry, or any entities designated by it, to collect and	3562
maintain records and process transaction fees or other fees	3563
related to loan originator licenses or the persons associated with	3564
a licensee.	3565

(J) A loan originator license, or the authority granted under	3566
that license, is not assignable and cannot be franchised by	3567
contract or any other means.	3568

Sec. 1322.04. (A) Upon the conclusion of the investigation	3569
required under division (B) of section 1322.03 of the Revised	3570
Code, the superintendent of financial institutions shall issue a	3571
certificate of registration to the applicant if the superintendent	3572
finds that the following conditions are met:	3573

(1) The application is accompanied by the application fee and	3574
any fee required by the nationwide mortgage licensing system and	3575
registry.	3576

(a) If a check or other draft instrument is returned to the	3577
superintendent for insufficient funds, the superintendent shall	3578
notify the applicant by certified mail, return receipt requested,	3579
that the application will be withdrawn unless the applicant,	3580
within thirty days after receipt of the notice, submits the	3581
application fee and a one-hundred-dollar penalty to the	3582
superintendent. If the applicant does not submit the application	3583
fee and penalty within that time period, or if any check or other	3584
draft instrument used to pay the fee or penalty is returned to the	3585
superintendent for insufficient funds, the application shall be	3586
withdrawn.	3587

(b) If a check or other draft instrument is returned to the	3588
superintendent for insufficient funds after the certificate of	3589
registration has been issued, the superintendent shall notify the	3590
registrant by certified mail, return receipt requested, that the	3591
certificate of registration issued in reliance on the check or	3592
other draft instrument will be canceled unless the registrant,	3593
within thirty days after receipt of the notice, submits the	3594
application fee and a one-hundred-dollar penalty to the	3595
superintendent. If the registrant does not submit the application	3596
fee and penalty within that time period, or if any check or other	3597
draft instrument used to pay the fee or penalty is returned to the	3598
superintendent for insufficient funds, the certificate of	3599
registration shall be canceled immediately without a hearing, and	3600
the registrant shall cease activity as a mortgage broker.	3601

(2) If the application is for a location that is a residence,	3602
evidence that the use of the residence to transact business as a	3603
mortgage broker is not prohibited.	3604

(3) The person designated on the application pursuant to	3605
division (A)(3) of section 1322.03 of the Revised Code meets the	3606
experience requirements provided in division (A)(4) of section	3607
1322.03 of the Revised Code and the education requirements set	3608
forth in division (A)(5) of section 1322.03 of the Revised Code.	3609

(4) The applicant maintains all necessary filings and	3610
approvals required by the secretary of state.	3611

(5) The applicant complies with the surety bond requirements	3612
of section 1322.05 of the Revised Code.	3613

(6) The applicant complies with sections 1322.01 to 1322.12	3614
of the Revised Code and the rules adopted thereunder.	3615

(7) Neither the applicant nor any person whose identity is	3616
required to be disclosed on an application for a mortgage broker	3617
certificate of registration has had a mortgage broker certificate	3618
of registration or loan originator license, or any comparable	3619
authority, revoked in any governmental jurisdiction or has pleaded	3620
guilty or nolo contendere to or been convicted of any of the	3621
following in a domestic, foreign, or military court:	3622

(a) During the seven-year period immediately preceding the	3623
date of application for the certificate of registration, a	3624
misdemeanor involving theft or any felony;	3625

(b) At any time prior to the date the application for the	3626
certificate of registration is approved, a felony involving an act	3627
of fraud, dishonesty, a breach of trust, theft, or money	3628
laundering.	3629

(8) Based on the totality of the circumstances and	3630
information submitted in the application, the applicant has proven	3631
to the superintendent, by a preponderance of the evidence, that	3632
the applicant is of good business repute, appears qualified to act	3633
as a mortgage broker, has fully complied with sections 1322.01 to	3634
1322.12 of the Revised Code and the rules adopted thereunder, and	3635
meets all of the conditions for issuing a mortgage broker	3636
certificate of registration.	3637

(9) The applicant's operations manager successfully completed	3638
the examination required ~~under division (A) of~~by section 1322.051	3639
of the Revised Code.	3640

(10) The applicant's financial responsibility, experience,	3641
character, and general fitness command the confidence of the	3642
public and warrant the belief that the business will be operated	3643
honestly and fairly in compliance with the purposes of sections	3644
1322.01 to 1322.12 of the Revised Code and the rules adopted	3645
thereunder. The superintendent shall not use a credit score as the	3646
sole basis for registration denial.	3647

(B) For purposes of determining whether an applicant that is	3648
a partnership, corporation, or other business entity or	3649
association has met the conditions set forth in divisions (A)(7),	3650
(A)(8), and (A)(10) of this section, the superintendent shall	3651
determine which partners, shareholders, or persons named in the	3652
application pursuant to division (A)(2) of section 1322.03 of the	3653
Revised Code must meet the conditions set forth in divisions	3654
(A)(7), (A)(8), and (A)(10) of this section. This determination	3655
shall be based on the extent and nature of the partner's,	3656
shareholder's, or person's ownership interest in the partnership,	3657
corporation, or other business entity or association that is the	3658
applicant and on whether the person is in a position to direct,	3659
control, or adversely influence the operations of the applicant.	3660

(C) The certificate of registration issued pursuant to	3661
division (A) of this section may be renewed annually on or before	3662
the thirty-first day of December if the superintendent finds that	3663
all of the following conditions are met:	3664

(1) The renewal application is accompanied by a nonrefundable	3665
renewal fee of five hundred dollars for each location of an office	3666
to be maintained by the applicant in accordance with division (A)	3667
of section 1322.02 of the Revised Code and any fee required by the	3668
nationwide mortgage licensing system and registry. If a check or	3669
other draft instrument is returned to the superintendent for	3670
insufficient funds, the superintendent shall notify the registrant	3671
by certified mail, return receipt requested, that the certificate	3672
of registration renewed in reliance on the check or other draft	3673
instrument will be canceled unless the registrant, within thirty	3674
days after receipt of the notice, submits the renewal fee and a	3675
one-hundred-dollar penalty to the superintendent. If the	3676
registrant does not submit the renewal fee and penalty within that	3677
time period, or if any check or other draft instrument used to pay	3678
the fee or penalty is returned to the superintendent for	3679
insufficient funds, the certificate of registration shall be	3680
canceled immediately without a hearing and the registrant shall	3681
cease activity as a mortgage broker.	3682

(2) The operations manager designated under division (A)(3)	3683
of section 1322.03 of the Revised Code has completed, at least	3684
eight hours of continuing education as required under section	3685
1322.052 of the Revised Code.	3686

(3) The applicant meets the conditions set forth in divisions	3687
(A)(2) to (10) of this section.	3688

(4) The applicant's mortgage broker certificate of	3689
registration is not subject to an order of suspension or an unpaid	3690
and past due fine imposed by the superintendent.	3691

(D)(1) Subject to division (D)(2) of this section, if a	3692
renewal fee or additional fee required by the nationwide mortgage	3693
licensing system and registry is received by the superintendent	3694
after the thirty-first day of December, the mortgage broker	3695
certificate of registration shall not be considered renewed, and	3696
the applicant shall cease activity as a mortgage broker.	3697

(2) Division (D)(1) of this section shall not apply if the	3698
applicant, no later than the thirty-first day of January, submits	3699
the renewal fee or additional fee and a one-hundred-dollar penalty	3700
to the superintendent.	3701

(E) If the person designated as the operations manager	3702
pursuant to division (A)(3) of section 1322.03 of the Revised Code	3703
is no longer the operations manager, the registrant shall do all	3704
of the following:	3705

(1) Within ninety days after the departure of the designated	3706
operations manager, designate another person as the operations	3707
manager;	3708

(2) Within ten days after the designation described in	3709
division (E)(1) of this section, notify the superintendent in	3710
writing of the designation;	3711

(3) Submit any additional information that the superintendent	3712
requires to establish that the newly designated operations manager	3713
complies with the requirements set forth in section 1322.03 of the	3714
Revised Code.	3715

(F) The registrant shall cease operations if it is without an	3716
operations manager approved by the superintendent for more than	3717
one hundred eighty days unless otherwise authorized in writing by	3718
the superintendent due to exigent circumstances.	3719

(G) Mortgage broker certificates of registration issued on or	3720
after May 1, 2010, annually expire on the thirty-first day of	3721
December.	3722

Sec. 1322.041. (A) Upon the conclusion of the investigation	3723
required under division (D) of section 1322.031 of the Revised	3724
Code, the superintendent of financial institutions shall issue a	3725
loan originator license to the applicant if the superintendent	3726
finds that the following conditions are met:	3727

(1) The application is accompanied by the application fee and	3728
any fee required by the nationwide mortgage licensing system and	3729
registry.	3730

(a) If a check or other draft instrument is returned to the	3731
superintendent for insufficient funds, the superintendent shall	3732
notify the applicant by certified mail, return receipt requested,	3733
that the application will be withdrawn unless the applicant,	3734
within thirty days after receipt of the notice, submits the	3735
application fee and a one-hundred-dollar penalty to the	3736
superintendent. If the applicant does not submit the application	3737
fee and penalty within that time period, or if any check or other	3738
draft instrument used to pay the fee or penalty is returned to the	3739
superintendent for insufficient funds, the application shall be	3740
withdrawn.	3741

(b) If a check or other draft instrument is returned to the	3742
superintendent for insufficient funds after the license has been	3743
issued, the superintendent shall notify the licensee by certified	3744
mail, return receipt requested, that the license issued in	3745
reliance on the check or other draft instrument will be canceled	3746
unless the licensee, within thirty days after receipt of the	3747
notice, submits the application fee and a one-hundred-dollar	3748
penalty to the superintendent. If the licensee does not submit the	3749
application fee and penalty within that time period, or if any	3750
check or other draft instrument used to pay the fee or penalty is	3751
returned to the superintendent for insufficient funds, the license	3752
shall be canceled immediately without a hearing, and the licensee	3753
shall cease activity as a loan originator.	3754

(2) The applicant complies with sections 1322.01 to 1322.12	3755
of the Revised Code and the rules adopted thereunder.	3756

(3) The applicant has not been convicted of or pleaded guilty	3757
or nolo contendere to any of the following in a domestic, foreign,	3758
or military court:	3759

(a) During the seven-year period immediately preceding the	3760
date of application for the license, a misdemeanor involving theft	3761
or any felony;	3762

(b) At any time prior to the date the application for the	3763
license is approved, a felony involving an act of fraud,	3764
dishonesty, a breach of trust, theft, or money laundering.	3765

(4) Based on the totality of the circumstances and	3766
information submitted in the application, the applicant has proven	3767
to the superintendent, by a preponderance of the evidence, that	3768
the applicant is of good business repute, appears qualified to act	3769
as a loan originator, has fully complied with sections 1322.01 to	3770
1322.12 of the Revised Code and the rules adopted thereunder, and	3771
meets all of the conditions for issuing a loan originator license.	3772

(5) The applicant successfully completed the written test	3773
required ~~under division (B) of~~by section 1322.051 of the Revised	3774
Code and completed the prelicensing instruction set forth in	3775
division (B) of section 1322.031 of the Revised Code.	3776

(6) The applicant's financial responsibility, character, and	3777
general fitness command the confidence of the public and warrant	3778
the belief that the business will be operated honestly and fairly	3779
in compliance with the purposes of sections 1322.01 to 1322.12 of	3780
the Revised Code. The superintendent shall not use a credit score	3781
as the sole basis for a license denial.	3782

(7) The applicant is in compliance with the surety bond	3783
requirements of section 1322.05 of the Revised Code.	3784

(8) The applicant has not had a loan originator license, or	3785
comparable authority, revoked in any governmental jurisdiction.	3786

(B) The license issued under division (A) of this section may	3787
be renewed annually on or before the thirty-first day of December	3788
if the superintendent finds that all of the following conditions	3789
are met:	3790

(1) The renewal application is accompanied by a nonrefundable	3791
renewal fee of one hundred fifty dollars and any fee required by	3792
the nationwide mortgage licensing system and registry. If a check	3793
or other draft instrument is returned to the superintendent for	3794
insufficient funds, the superintendent shall notify the licensee	3795
by certified mail, return receipt requested, that the license	3796
renewed in reliance on the check or other draft instrument will be	3797
canceled unless the licensee, within thirty days after receipt of	3798
the notice, submits the renewal fee and a one-hundred-dollar	3799
penalty to the superintendent. If the licensee does not submit the	3800
renewal fee and penalty within that time period, or if any check	3801
or other draft instrument used to pay the fee or penalty is	3802
returned to the superintendent for insufficient funds, the license	3803
shall be canceled immediately without a hearing, and the licensee	3804
shall cease activity as a loan originator.	3805

(2) The applicant has completed at least eight hours of	3806
continuing education as required under section 1322.052 of the	3807
Revised Code.	3808

(3) The applicant meets the conditions set forth in divisions	3809
(A)(2) to (8) of this section; provided, however, that an	3810
applicant who was issued a loan officer license prior to January	3811
1, 2010, and has continuously maintained that license shall not be	3812
required to meet the condition described in division (B)(1)(b) of	3813
section 1322.031 of the Revised Code.	3814

(4) The applicant's license is not subject to an order of	3815
suspension or an unpaid and past due fine imposed by the	3816
superintendent.	3817

(C)(1) Subject to division (C)(2) of this section, if a	3818
license renewal application or renewal fee, including any fee	3819
required by the nationwide mortgage licensing system and registry,	3820
is received by the superintendent after the thirty-first day of	3821
December, the license shall not be considered renewed, and the	3822
applicant shall cease activity as a loan originator.	3823

(2) Division (C)(1) of this section shall not apply if the	3824
applicant, no later than the thirty-first day of January, submits	3825
the renewal application and fees and a one-hundred-dollar penalty	3826
to the superintendent.	3827

(D) Loan originator licenses issued on or after May 1, 2010,	3828
annually expire on the thirty-first day of December.	3829

Sec. 1322.051. ~~(A)~~ Each person designated under division	3830
(A)(3) of section 1322.03 of the Revised Code to act as operations	3831
manager for a mortgage broker business ~~shall submit to a written~~	3832
~~test approved by the superintendent of financial institutions. An~~	3833
~~individual shall not be considered to have passed the written test~~	3834
~~unless the individual achieves a test score of at least~~	3835
~~seventy-five per cent correct answers to all questions.~~	3836

~~(B) Each~~and each applicant for a loan originator license	3837
shall submit to a written test that is developed and approved by	3838
the nationwide mortgage licensing system and registry and	3839
administered by a test provider approved by the nationwide	3840
mortgage licensing system and registry based on reasonable	3841
standards.	3842

~~(1)~~(A) The test shall adequately measure the designee's or	3843
applicant's knowledge and comprehension in appropriate subject	3844
areas, including ethics, federal and state law related to mortgage	3845
origination, fraud, consumer protection, and the nontraditional	3846
mortgage marketplace, and fair lending issues.	3847

~~(2)~~(B) An individual shall not be considered to have passed	3848
the written test unless the individual ~~achieves a test score of~~	3849
answers at least seventy-five per cent ~~correct answers on all~~of	3850
the questions ~~and at least seventy-five per cent correct answers~~	3851
~~on all questions relating to state mortgage lending laws and the~~	3852
~~Ohio consumer sales practices act, Chapter 1345. of the Revised~~	3853
~~Code, as it applies to registrants and licensees~~correctly.	3854

~~(3)~~(C) An individual may retake the test three consecutive	3855
times provided the period between taking the tests is at least	3856
thirty days. If an individual fails three consecutive tests, the	3857
individual shall be required to wait at least six months before	3858
taking the test again.	3859

~~(4)~~(D) If a loan originator fails to maintain a valid loan	3860
originator license for a period of five years or longer, the	3861
individual shall be required to retake the test.	3862

For this purpose, any time during which the individual is a	3863
registered loan originator shall not be taken into account.	3864

~~(C) Notwithstanding division (B) of this section, until the~~	3865
~~nationwide mortgage licensing system and registry implements a~~	3866
~~testing process that meets the criteria set forth in that~~	3867
~~division, the superintendent shall require each applicant to pass~~	3868
~~a written test acceptable to the superintendent.~~	3869

Sec. 1322.06. (A) As often as the superintendent of	3870
financial institutions considers it necessary, the superintendent	3871
may examine the registrant's or licensee's records, including all	3872
records created or processed by a licensee, pertaining to business	3873
transacted pursuant to sections 1322.01 to 1322.12 of the Revised	3874
Code.	3875

(B) A registrant or licensee shall maintain records	3876
pertaining to business transacted pursuant to sections 1322.01 to	3877
1322.12 of the Revised Code, including copies of all mortgage loan	3878
origination disclosure statements prepared in accordance with	3879
section 1322.062 of the Revised Code, for four years. For purposes	3880
of this division, "registrant or licensee" includes any person	3881
whose certificate of registration or license is cancelled,	3882
surrendered, or revoked or who otherwise ceases to engage in	3883
business as a mortgage broker or loan originator.	3884

No registrant or licensee shall fail to comply with this	3885
division.	3886

(C) Each registrant and licensee shall submit to the	3887
nationwide mortgage licensing system and registry call reports or	3888
other reports of condition, which reports shall be in such form	3889
and shall contain such information as the nationwide mortgage	3890
licensing system and registry may require.	3891

(D)(1) As required by the superintendent, each registrant	3892
shall file with the division of financial institutions an annual	3893
report under oath or affirmation, on forms supplied by the	3894
division, concerning the business and operations of the registrant	3895
for the preceding calendar year. If a registrant operates two or	3896
more registered offices, or two or more affiliated registrants	3897
operate registered offices, a composite report of the group of	3898
registered offices may be filed in lieu of individual reports. For	3899
purposes of compliance with this requirement, the superintendent	3900
may accept call reports or other reports of condition submitted to	3901
the nationwide mortgage licensing system and registry in lieu of	3902
the annual report.	3903

(2) The ~~division~~superintendent shall publish annually an	3904
analysis of the information required under division (D)(1) of this	3905
section, but the individual reports, whether filed with the	3906
superintendent or the nationwide mortgage licensing system and	3907
registry, shall not be public records and shall not be open to	3908
public inspection or otherwise be subject to section 149.43 of the	3909
Revised Code.	3910

Sec. 1509.071. (A) When the chief of the division of oil and	3911
gas resources management finds that an owner has failed to comply	3912
with a final nonappealable order issued or compliance agreement	3913
entered into under section 1509.04, the restoration requirements	3914
of section 1509.072, plugging requirements of section 1509.12, or	3915
permit provisions of section 1509.13 of the Revised Code, or rules	3916
and orders relating thereto, the chief shall make a finding of	3917
that fact and declare any surety bond filed to ensure compliance	3918
with those sections and rules forfeited in the amount set by rule	3919
of the chief. The chief thereupon shall certify the total	3920
forfeiture to the attorney general, who shall proceed to collect	3921
the amount of the forfeiture. In addition, the chief may require	3922
an owner, operator, producer, or other person who forfeited a	3923
surety bond to post a new surety bond in the amount of fifteen	3924
thousand dollars for a single well, thirty thousand dollars for	3925
two wells, or fifty thousand dollars for three or more wells.	3926

In lieu of total forfeiture, the surety or owner, at the	3927
surety's or owner's option, may cause the well to be properly	3928
plugged and abandoned and the area properly restored or pay to the	3929
treasurer of state the cost of plugging and abandonment.	3930

(B) All moneys collected because of forfeitures of bonds as	3931
provided in this section shall be deposited in the state treasury	3932
to the credit of the oil and gas well fund created in section	3933
1509.02 of the Revised Code.	3934

The chief ~~annually shall~~may spend ~~not less than fourteen per~~	3935
~~cent of the~~ revenue credited to the fund ~~during the previous~~	3936
~~fiscal year~~ for the following purposes:	3937

(1) In accordance with division (D) of this section, to plug	3938
idle and orphaned wells or to restore the land surface properly as	3939
required in section 1509.072 of the Revised Code;	3940

(2) In accordance with division (E) of this section, to	3941
correct conditions that the chief reasonably has determined are	3942
causing imminent health or safety risks at an idle and orphaned	3943
well or a well for which the owner cannot be contacted in order to	3944
initiate a corrective action within a reasonable period of time as	3945
determined by the chief;	3946

(3) In accordance with rules adopted under division (I) of	3947
this section, to develop infrastructure as a solution to problems	3948
directly attributable to historic production operations.	3949

Expenditures from the fund shall be made only for lawful	3950
purposes. In addition, expenditures from the fund shall not be	3951
made to purchase real property or to remove a dwelling in order to	3952
access a well.	3953

(C)(1) Upon determining that the owner of a well has failed	3954
to properly plug and abandon it or to properly restore the land	3955
surface at the well site in compliance with the applicable	3956
requirements of this chapter and applicable rules adopted and	3957
orders issued under it or that a well is an abandoned well for	3958
which no funds are available to plug the well in accordance with	3959
this chapter, the chief shall do all of the following:	3960

(a) Determine from the records in the office of the county	3961
recorder of the county in which the well is located the identity	3962
of the owner of the land on which the well is located, the	3963
identity of the owner of the oil or gas lease under which the well	3964
was drilled or the identity of each person owning an interest in	3965
the lease, and the identities of the persons having legal title	3966
to, or a lien upon, any of the equipment appurtenant to the well;	3967

(b) Mail notice to the owner of the land on which the well is	3968
located informing the landowner that the well is to be plugged. If	3969
the owner of the oil or gas lease under which the well was drilled	3970
is different from the owner of the well or if any persons other	3971
than the owner of the well own interests in the lease, the chief	3972
also shall mail notice that the well is to be plugged to the owner	3973
of the lease or to each person owning an interest in the lease, as	3974
appropriate.	3975

(c) Mail notice to each person having legal title to, or a	3976
lien upon, any equipment appurtenant to the well, informing the	3977
person that the well is to be plugged and offering the person the	3978
opportunity to plug the well and restore the land surface at the	3979
well site at the person's own expense in order to avoid forfeiture	3980
of the equipment to this state.	3981

(2) If none of the persons described in division (C)(1)(c) of	3982
this section plugs the well within sixty days after the mailing of	3983
the notice required by that division, all equipment appurtenant to	3984
the well is hereby declared to be forfeited to this state without	3985
compensation and without the necessity for any action by the state	3986
for use to defray the cost of plugging and abandoning the well and	3987
restoring the land surface at the well site.	3988

(D) Expenditures from the fund for the purpose of division	3989
(B)(1) of this section shall be made in accordance with either of	3990
the following:	3991

(1) The expenditures may be made pursuant to contracts	3992
entered into by the chief with persons who agree to furnish all of	3993
the materials, equipment, work, and labor as specified and	3994
provided in such a contract for activities associated with the	3995
restoration or plugging of a well as determined by the chief. The	3996
activities may include excavation to uncover a well, geophysical	3997
methods to locate a buried well when clear evidence of leakage	3998
from the well exists, cleanout of wellbores to remove material	3999
from a failed plugging of a well, plugging operations,	4000
installation of vault and vent systems, including associated	4001
engineering certifications and permits, restoration of property,	4002
and repair of damage to property that is caused by such	4003
activities. Expenditures shall not be used for salaries,	4004
maintenance, equipment, or other administrative purposes, except	4005
for costs directly attributed to the plugging of an idle and	4006
orphaned well. Agents or employees of persons contracting with the	4007
chief for a restoration or plugging project may enter upon any	4008
land, public or private, on which the well is located for the	4009
purpose of performing the work. Prior to such entry, the chief	4010
shall give to the following persons written notice of the	4011
existence of a contract for a project to restore or plug a well,	4012
the names of the persons with whom the contract is made, and the	4013
date that the project will commence: the owner of the well, the	4014
owner of the land upon which the well is located, the owner or	4015
agents of adjoining land, and, if the well is located in the same	4016
township as or in a township adjacent to the excavations and	4017
workings of a mine and the owner or lessee of that mine has	4018
provided written notice identifying those townships to the chief	4019
at any time during the immediately preceding three years, the	4020
owner or lessee of the mine.	4021

(2)(a) The owner of the land on which a well is located who	4022
has received notice under division (C)(1)(b) of this section may	4023
plug the well and be reimbursed by the division of oil and gas	4024
resources management for the reasonable cost of plugging the well.	4025
In order to plug the well, the landowner shall submit an	4026
application to the chief on a form prescribed by the chief and	4027
approved by the technical advisory council on oil and gas created	4028
in section 1509.38 of the Revised Code. The application, at a	4029
minimum, shall require the landowner to provide the same	4030
information as is required to be included in the application for a	4031
permit to plug and abandon under section 1509.13 of the Revised	4032
Code. The application shall be accompanied by a copy of a proposed	4033
contract to plug the well prepared by a contractor regularly	4034
engaged in the business of plugging oil and gas wells. The	4035
proposed contract shall require the contractor to furnish all of	4036
the materials, equipment, work, and labor necessary to plug the	4037
well properly and shall specify the price for doing the work,	4038
including a credit for the equipment appurtenant to the well that	4039
was forfeited to the state through the operation of division	4040
(C)(2) of this section. Expenditures under division (D)(2)(a) of	4041
this section shall be consistent with the expenditures for	4042
activities described in division (D)(1) of this section. The	4043
application also shall be accompanied by the permit fee required	4044
by section 1509.13 of the Revised Code unless the chief, in the	4045
chief's discretion, waives payment of the permit fee. The	4046
application constitutes an application for a permit to plug and	4047
abandon the well for the purposes of section 1509.13 of the	4048
Revised Code.	4049

(b) Within thirty days after receiving an application and	4050
accompanying proposed contract under division (D)(2)(a) of this	4051
section, the chief shall determine whether the plugging would	4052
comply with the applicable requirements of this chapter and	4053
applicable rules adopted and orders issued under it and whether	4054
the cost of the plugging under the proposed contract is	4055
reasonable. If the chief determines that the proposed plugging	4056
would comply with those requirements and that the proposed cost of	4057
the plugging is reasonable, the chief shall notify the landowner	4058
of that determination and issue to the landowner a permit to plug	4059
and abandon the well under section 1509.13 of the Revised Code.	4060
Upon approval of the application and proposed contract, the chief	4061
shall transfer ownership of the equipment appurtenant to the well	4062
to the landowner. The chief may disapprove an application	4063
submitted under division (D)(2)(a) of this section if the chief	4064
determines that the proposed plugging would not comply with the	4065
applicable requirements of this chapter and applicable rules	4066
adopted and orders issued under it, that the cost of the plugging	4067
under the proposed contract is unreasonable, or that the proposed	4068
contract is not a bona fide, arm's length contract.	4069

(c) After receiving the chief's notice of the approval of the	4070
application and permit to plug and abandon a well under division	4071
(D)(2)(b) of this section, the landowner shall enter into the	4072
proposed contract to plug the well.	4073

(d) Upon determining that the plugging has been completed in	4074
compliance with the applicable requirements of this chapter and	4075
applicable rules adopted and orders issued under it, the chief	4076
shall reimburse the landowner for the cost of the plugging as set	4077
forth in the proposed contract approved by the chief. The	4078
reimbursement shall be paid from the oil and gas well fund. If the	4079
chief determines that the plugging was not completed in accordance	4080
with the applicable requirements, the chief shall not reimburse	4081
the landowner for the cost of the plugging, and the landowner or	4082
the contractor, as applicable, promptly shall transfer back to	4083
this state title to and possession of the equipment appurtenant to	4084
the well that previously was transferred to the landowner under	4085
division (D)(2)(b) of this section. If any such equipment was	4086
removed from the well during the plugging and sold, the landowner	4087
shall pay to the chief the proceeds from the sale of the	4088
equipment, and the chief promptly shall pay the moneys so received	4089
to the treasurer of state for deposit into the oil and gas well	4090
fund.	4091

The chief may establish an annual limit on the number of	4092
wells that may be plugged under division (D)(2) of this section or	4093
an annual limit on the expenditures to be made under that	4094
division.	4095

As used in division (D)(2) of this section, "plug" and	4096
"plugging" include the plugging of the well and the restoration of	4097
the land surface disturbed by the plugging.	4098

(E) Expenditures from the oil and gas well fund for the	4099
purpose of division (B)(2) of this section may be made pursuant to	4100
contracts entered into by the chief with persons who agree to	4101
furnish all of the materials, equipment, work, and labor as	4102
specified and provided in such a contract. The competitive bidding	4103
requirements of Chapter 153. of the Revised Code do not apply if	4104
the chief reasonably determines that an emergency situation exists	4105
requiring immediate action for the correction of the applicable	4106
health or safety risk. A contract or purchase of materials for	4107
purposes of addressing the emergency situation is not subject to	4108
division (B) of section 127.16 of the Revised Code. The chief,	4109
designated representatives of the chief, and agents or employees	4110
of persons contracting with the chief under this division may	4111
enter upon any land, public or private, for the purpose of	4112
performing the work.	4113

(F) Contracts entered into by the chief under this section	4114
are not subject to any of the following:	4115

(1) Chapter 4115. of the Revised Code;

4116

(2) Section 153.54 of the Revised Code, except that the	4117
contractor shall obtain and provide to the chief as a bid guaranty	4118
a surety bond or letter of credit in an amount equal to ten per	4119
cent of the amount of the contract;	4120

(3) Section 4733.17 of the Revised Code.

4121

(G) The owner of land on which a well is located who has	4122
received notice under division (C)(1)(b) of this section, in lieu	4123
of plugging the well in accordance with division (D)(2) of this	4124
section, may cause ownership of the well to be transferred to an	4125
owner who is lawfully doing business in this state and who has met	4126
the financial responsibility requirements established under	4127
section 1509.07 of the Revised Code, subject to the approval of	4128
the chief. The transfer of ownership also shall be subject to the	4129
landowner's filing the appropriate forms required under section	4130
1509.31 of the Revised Code and providing to the chief sufficient	4131
information to demonstrate the landowner's or owner's right to	4132
produce a formation or formations. That information may include a	4133
deed, a lease, or other documentation of ownership or property	4134
rights.	4135

The chief shall approve or disapprove the transfer of	4136
ownership of the well. If the chief approves the transfer, the	4137
owner is responsible for operating the well in accordance with	4138
this chapter and rules adopted under it, including, without	4139
limitation, all of the following:	4140

(1) Filing an application with the chief under section	4141
1509.06 of the Revised Code if the owner intends to drill deeper	4142
or produce a formation that is not listed in the records of the	4143
division for that well;	4144

(2) Taking title to and possession of the equipment	4145
appurtenant to the well that has been identified by the chief as	4146
having been abandoned by the former owner;	4147

(3) Complying with all applicable requirements that are	4148
necessary to drill deeper, plug the well, or plug back the well.	4149

(H) The chief shall issue an order that requires the owner of	4150
a well to pay the actual documented costs of a corrective action	4151
that is described in division (B)(2) of this section concerning	4152
the well. The chief shall transmit the money so recovered to the	4153
treasurer of state who shall deposit the money in the state	4154
treasury to the credit of the oil and gas well fund.	4155

(I) The chief shall adopt rules in accordance with Chapter	4156
119. of the Revised Code regarding the development of	4157
infrastructure as a solution to problems directly attributable to	4158
historic production operations. The rules shall establish criteria	4159
for determining the types of infrastructure for which revenues may	4160
be used under division (B)(3) of this section.	4161

(J) The chief may engage in cooperative projects under this	4162
section with any agency of this state, another state, or the	4163
United States; any other governmental agencies; or any state	4164
university or college as defined in section 3345.27 of the Revised	4165
Code. A contract entered into for purposes of a cooperative	4166
project is not subject to division (B) of section 127.16 of the	4167
Revised Code.	4168

Sec. 1533.10. Except as provided in this section or division	4169
(A)(2) of section 1533.12 or section 1533.73 or 1533.731 of the	4170
Revised Code, no person shall hunt any wild bird or wild quadruped	4171
without a hunting license. Each day that any person hunts within	4172
the state without procuring such a license constitutes a separate	4173
offense. Except as otherwise provided in this section, every	4174
applicant for a hunting license who is a resident of the state and	4175
eighteen years of age or more shall procure a resident hunting	4176
license or an apprentice resident hunting license, the fee for	4177
which shall be eighteen dollars unless the rules adopted under	4178
division (B) of section 1533.12 of the Revised Code provide for	4179
issuance of a resident hunting license to the applicant free of	4180
charge. Except as provided in rules adopted under division (B)(2)	4181
of that section, each applicant who is a resident of this state	4182
and who at the time of application is sixty-six years of age or	4183
older shall procure a special senior hunting license, the fee for	4184
which shall be one-half of the regular hunting license fee. Every	4185
applicant who is under the age of eighteen years shall procure a	4186
special youth hunting license or an apprentice youth hunting	4187
license, the fee for which shall be one-half of the regular	4188
hunting license fee.	4189

A resident of this state who owns lands in the state and the	4190
owner's children of any age and grandchildren under eighteen years	4191
of age may hunt on the lands without a hunting license. A resident	4192
of any other state who owns real property in this state, and the	4193
spouse and children living with the property owner, may hunt on	4194
that property without a license, provided that the state of	4195
residence of the real property owner allows residents of this	4196
state owning real property in that state, and the spouse and	4197
children living with the property owner, to hunt without a	4198
license. If the owner of land in this state is a limited liability	4199
company or a limited liability partnership that consists of three	4200
or fewer individual members or partners, as applicable, an	4201
individual member or partner who is a resident of this state and	4202
the member's or partner's children of any age and grandchildren	4203
under eighteen years of age may hunt on the land owned by the	4204
limited liability company or limited liability partnership without	4205
a hunting license. In addition, if the owner of land in this state	4206
is a trust that has a total of three or fewer trustees and	4207
beneficiaries, an individual who is a trustee or beneficiary and	4208
who is a resident of this state and the individual's children of	4209
any age and grandchildren under eighteen years of age may hunt on	4210
the land owned by the trust without a hunting license. The tenant	4211
and children of the tenant, residing on lands in the state, may	4212
hunt on them without a hunting license.	4213

Except as otherwise provided in division (A)(1) of section	4214
1533.12 of the Revised Code, every applicant for a hunting license	4215
who is a nonresident of the state and who is eighteen years of age	4216
or older shall procure a nonresident hunting license or an	4217
apprentice nonresident hunting license, the fee for which shall be	4218
one hundred ~~twenty-four~~forty-nine dollars unless the applicant is	4219
a resident of a state that is a party to an agreement under	4220
section 1533.91 of the Revised Code, in which case the fee shall	4221
be eighteen dollars. Apprentice resident hunting licenses,	4222
apprentice youth hunting licenses, and apprentice nonresident	4223
hunting licenses are subject to the requirements established under	4224
section 1533.102 of the Revised Code and rules adopted pursuant to	4225
it.	4226

The chief of the division of wildlife may issue a small game	4227
hunting license expiring three days from the effective date of the	4228
license to a nonresident of the state, the fee for which shall be	4229
thirty-nine dollars. No person shall take or possess deer, wild	4230
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	4231
animal while possessing only a small game hunting license. A small	4232
game hunting license or an apprentice nonresident hunting license	4233
does not authorize the taking or possessing of ducks, geese, or	4234
brant without having obtained, in addition to the small game	4235
hunting license or the apprentice nonresident hunting license, a	4236
wetlands habitat stamp as provided in section 1533.112 of the	4237
Revised Code. A small game hunting license or an apprentice	4238
nonresident hunting license does not authorize the taking or	4239
possessing of deer, wild turkeys, or fur-bearing animals. A	4240
nonresident of the state who wishes to take or possess deer, wild	4241
turkeys, or fur-bearing animals in this state shall procure,	4242
respectively, a deer or wild turkey permit as provided in section	4243
1533.11 of the Revised Code or a fur taker permit as provided in	4244
section 1533.111 of the Revised Code in addition to a nonresident	4245
hunting license, an apprentice nonresident hunting license, a	4246
special youth hunting license, or an apprentice youth hunting	4247
license, as applicable, as provided in this section.	4248

No person shall procure or attempt to procure a hunting	4249
license by fraud, deceit, misrepresentation, or any false	4250
statement.	4251

This section does not authorize the taking and possessing of	4252
deer or wild turkeys without first having obtained, in addition to	4253
the hunting license required by this section, a deer or wild	4254
turkey permit as provided in section 1533.11 of the Revised Code	4255
or the taking and possessing of ducks, geese, or brant without	4256
first having obtained, in addition to the hunting license required	4257
by this section, a wetlands habitat stamp as provided in section	4258
1533.112 of the Revised Code.	4259

This section does not authorize the hunting or trapping of	4260
fur-bearing animals without first having obtained, in addition to	4261
a hunting license required by this section, a fur taker permit as	4262
provided in section 1533.111 of the Revised Code.	4263

No hunting license shall be issued unless it is accompanied	4264
by a written explanation of the law in section 1533.17 of the	4265
Revised Code and the penalty for its violation, including a	4266
description of terms of imprisonment and fines that may be	4267
imposed.	4268

No hunting license, other than an apprentice hunting license,	4269
shall be issued unless the applicant presents to the agent	4270
authorized to issue the license a previously held hunting license	4271
or evidence of having held such a license in content and manner	4272
approved by the chief, a certificate of completion issued upon	4273
completion of a hunter education and conservation course approved	4274
by the chief, or evidence of equivalent training in content and	4275
manner approved by the chief. A previously held apprentice hunting	4276
license does not satisfy the requirement concerning the	4277
presentation of a previously held hunting license or evidence of	4278
it.	4279

No person shall issue a hunting license, except an apprentice	4280
hunting license, to any person who fails to present the evidence	4281
required by this section. No person shall purchase or obtain a	4282
hunting license, other than an apprentice hunting license, without	4283
presenting to the issuing agent the evidence required by this	4284
section. Issuance of a hunting license in violation of the	4285
requirements of this section is an offense by both the purchaser	4286
of the illegally obtained hunting license and the clerk or agent	4287
who issued the hunting license. Any hunting license issued in	4288
violation of this section is void.	4289

The chief, with approval of the wildlife council, shall adopt	4290
rules prescribing a hunter education and conservation course for	4291
first-time hunting license buyers, other than buyers of apprentice	4292
hunting licenses, and for volunteer instructors. The course shall	4293
consist of subjects including, but not limited to, hunter safety	4294
and health, use of hunting implements, hunting tradition and	4295
ethics, the hunter and conservation, the law in section 1533.17 of	4296
the Revised Code along with the penalty for its violation,	4297
including a description of terms of imprisonment and fines that	4298
may be imposed, and other law relating to hunting. Authorized	4299
personnel of the division or volunteer instructors approved by the	4300
chief shall conduct such courses with such frequency and at such	4301
locations throughout the state as to reasonably meet the needs of	4302
license applicants. The chief shall issue a certificate of	4303
completion to each person who successfully completes the course	4304
and passes an examination prescribed by the chief.	4305

Sec. 1533.11. (A)(1) Except as provided in this section or	4306
section 1533.731 of the Revised Code, no person shall hunt deer on	4307
lands of another without first obtaining an annual deer permit.	4308
Except as provided in this section, no person shall hunt wild	4309
turkeys on lands of another without first obtaining an annual wild	4310
turkey permit. ~~Each~~	4311

(2) Each applicant for a ~~deer or~~ wild turkey permit shall pay	4312
an annual fee of twenty-three dollars for ~~each~~the permit unless	4313
the rules adopted under division (B) of section 1533.12 of the	4314
Revised Code provide for issuance of a ~~deer or~~ wild turkey permit	4315
to the applicant free of charge. Except as provided in rules	4316
adopted under division (B)(2) of that section, each applicant who	4317
is a resident of this state and who at the time of application is	4318
sixty-six years of age or older shall procure a senior ~~deer or~~	4319
wild turkey permit, the fee for which shall be one-half of the	4320
regular ~~deer or~~ wild turkey permit fee. Each applicant who is	4321
under the age of eighteen years shall procure a youth ~~deer or~~ wild	4322
turkey permit, the fee for which shall be one-half of the regular	4323
~~deer or~~ wild turkey permit fee. ~~Except~~	4324

(3) Each applicant for a deer permit who is a resident of	4325
this state shall procure a resident deer permit, the fee for which	4326
is twenty-three dollars unless the rules adopted under division	4327
(B) of section 1533.12 of the Revised Code provide for issuance of	4328
a deer permit to the applicant free of charge. Each applicant for	4329
a deer permit who is a nonresident of this state shall procure a	4330
nonresident deer permit, the fee for which is ninety-nine dollars	4331
unless the rules adopted under that division provide for issuance	4332
of a deer permit to the applicant free of charge. Except as	4333
provided in rules adopted under division (B)(2) of section 1533.12	4334
of the Revised Code, each applicant who is a resident of this	4335
state and who at the time of application is sixty-six years of age	4336
or older shall procure a senior resident deer permit, the fee for	4337
which is one-half of the regular resident deer permit fee. Each	4338
applicant who is under the age of eighteen years, regardless of	4339
residency, shall procure a youth deer permit, the fee for which is	4340
one-half of the regular resident deer permit fee.	4341

(4) As used in this chapter, "deer permit" includes a	4342
resident deer permit and a nonresident deer permit unless the	4343
context indicates otherwise.	4344

(5) Except as provided in division (A)(2) of section 1533.12	4345
of the Revised Code, a deer or wild turkey permit shall run	4346
concurrently with the hunting license. The money received shall be	4347
paid into the state treasury to the credit of the wildlife fund,	4348
created in section 1531.17 of the Revised Code, exclusively for	4349
the use of the division of wildlife in the acquisition and	4350
development of land for deer or wild turkey management, for	4351
investigating deer or wild turkey problems, and for the stocking,	4352
management, and protection of deer or wild turkey. Every person,	4353
while hunting deer or wild turkey on lands of another, shall carry	4354
the person's deer or wild turkey permit and exhibit it to any	4355
enforcement officer so requesting. Failure to so carry and exhibit	4356
such a permit constitutes an offense under this section. The chief	4357
of the division of wildlife shall adopt any additional rules the	4358
chief considers necessary to carry out this section and section	4359
1533.10 of the Revised Code.	4360

An owner who is a resident of this state or an owner who is	4361
exempt from obtaining a hunting license under section 1533.10 of	4362
the Revised Code and the children of the owner of lands in this	4363
state may hunt deer or wild turkey thereon without a deer or wild	4364
turkey permit. If the owner of land in this state is a limited	4365
liability company or a limited liability partnership that consists	4366
of three or fewer individual members or partners, as applicable,	4367
an individual member or partner who is a resident of this state	4368
and the member's or partner's children of any age may hunt deer or	4369
wild turkey on the land owned by the limited liability company or	4370
limited liability partnership without a deer or wild turkey	4371
permit. In addition, if the owner of land in this state is a trust	4372
that has a total of three or fewer trustees and beneficiaries, an	4373
individual who is a trustee or beneficiary and who is a resident	4374
of this state and the individual's children of any age may hunt	4375
deer or wild turkey on the land owned by the trust without a deer	4376
or wild turkey permit. The tenant and children of the tenant may	4377
hunt deer or wild turkey on lands where they reside without a deer	4378
or wild turkey permit.	4379

(B) A deer or wild turkey permit is not transferable. No	4380
person shall carry a deer or wild turkey permit issued in the name	4381
of another person.	4382

(C) The wildlife refunds fund is hereby created in the state	4383
treasury. The fund shall consist of money received from	4384
application fees for deer permits that are not issued. Money in	4385
the fund shall be used to make refunds of such application fees.	4386

(D) If the division establishes a system for the electronic	4387
submission of information regarding deer or wild turkey that are	4388
taken, the division shall allow the owner and the children of the	4389
owner of lands in this state to use the owner's name or address	4390
for purposes of submitting that information electronically via	4391
that system.	4392

Sec. 1533.12. (A)(1) Except as otherwise provided in	4393
division (A)(2) of this section, every person on active duty in	4394
the armed forces of the United States who is stationed in this	4395
state and who wishes to engage in an activity for which a license,	4396
permit, or stamp is required under this chapter first shall obtain	4397
the requisite license, permit, or stamp. Such a person is eligible	4398
to obtain a resident hunting or fishing license regardless of	4399
whether the person qualifies as a resident of this state. To	4400
obtain a resident hunting or fishing license, the person shall	4401
present a card or other evidence identifying the person as being	4402
on active duty in the armed forces of the United States and as	4403
being stationed in this state.	4404

(2) Every person on active duty in the armed forces of the	4405
United States, while on leave or furlough, may take or catch fish	4406
of the kind lawfully permitted to be taken or caught within the	4407
state, may hunt any wild bird or wild quadruped lawfully permitted	4408
to be hunted within the state, and may trap fur-bearing animals	4409
lawfully permitted to be trapped within the state, without	4410
procuring a fishing license, a hunting license, a fur taker	4411
permit, or a wetlands habitat stamp required by this chapter,	4412
provided that the person shall carry on the person when fishing,	4413
hunting, or trapping, a card or other evidence identifying the	4414
person as being on active duty in the armed forces of the United	4415
States, and provided that the person is not otherwise violating	4416
any of the hunting, fishing, and trapping laws of this state.	4417

In order to hunt deer or wild turkey, any such person shall	4418
obtain a resident deer or wild turkey permit, as applicable, under	4419
section 1533.11 of the Revised Code. Such a person is eligible to	4420
obtain a resident deer permit regardless of whether the person is	4421
a resident of this state. However, the person need not obtain a	4422
hunting license in order to obtain ~~such a~~either permit.	4423

(B) The chief of the division of wildlife shall provide by	4424
rule adopted under section 1531.10 of the Revised Code all of the	4425
following:	4426

(1) Every resident of this state with a disability that has	4427
been determined by the veterans administration to be permanently	4428
and totally disabling, who receives a pension or compensation from	4429
the veterans administration, and who received an honorable	4430
discharge from the armed forces of the United States, and every	4431
veteran to whom the registrar of motor vehicles has issued a set	4432
of license plates under section 4503.41 of the Revised Code, shall	4433
be issued a fishing license, hunting license, fur taker permit,	4434
deer or wild turkey permit, or wetlands habitat stamp, or any	4435
combination of those licenses, permits, and stamp, free of charge	4436
on an annual, multi-year, or lifetime basis as determined	4437
appropriate by the chief when application is made to the chief in	4438
the manner prescribed by and on forms provided by the chief.	4439

(2) Every resident of the state who was born on or before	4440
December 31, 1937, shall be issued an annual fishing license,	4441
hunting license, fur taker permit, deer or wild turkey permit, or	4442
wetlands habitat stamp, or any combination of those licenses,	4443
permits, and stamp, free of charge when application is made to the	4444
chief in the manner prescribed by and on forms provided by the	4445
chief.	4446

(3) Every resident of state or county institutions,	4447
charitable institutions, and military homes in this state shall be	4448
issued an annual fishing license free of charge when application	4449
is made to the chief in the manner prescribed by and on forms	4450
provided by the chief.	4451

(4) Any mobility impaired or blind person, as defined in	4452
section 955.011 of the Revised Code, who is a resident of this	4453
state and who is unable to engage in fishing without the	4454
assistance of another person shall be issued an annual fishing	4455
license free of charge when application is made to the chief in	4456
the manner prescribed by and on forms provided by the chief. The	4457
person who is assisting the mobility impaired or blind person may	4458
assist in taking or catching fish of the kind permitted to be	4459
taken or caught without procuring the license required under	4460
section 1533.32 of the Revised Code, provided that only one line	4461
is used by both persons.	4462

(5) As used in division (B)(5) of this section, "prisoner of	4463
war" means any regularly appointed, enrolled, enlisted, or	4464
inducted member of the military forces of the United States who	4465
was captured, separated, and incarcerated by an enemy of the	4466
United States.	4467

Any person who has been a prisoner of war, was honorably	4468
discharged from the military forces, and is a resident of this	4469
state shall be issued a fishing license, hunting license, fur	4470
taker permit, or wetlands habitat stamp, or any combination of	4471
those licenses, permits, and stamp, free of charge on an annual,	4472
multi-year, or lifetime basis as determined appropriate by the	4473
chief when application is made to the chief in the manner	4474
prescribed by and on forms provided by the chief.	4475

(C) The chief shall adopt rules pursuant to section 1531.08	4476
of the Revised Code designating not more than two days, which need	4477
not be consecutive, in each year as "free sport fishing days" on	4478
which any resident may exercise the privileges accorded the holder	4479
of a fishing license issued under section 1533.32 of the Revised	4480
Code without procuring such a license, provided that the person is	4481
not otherwise violating any of the fishing laws of this state.	4482

Sec. 1711.50. As used in sections 1711.50 to 1711.57 of the	4483
Revised Code:	4484

(A) "Amusement ride" means any mechanical, aquatic, or	4485
inflatable device, or combination of those devices that carries or	4486
conveys passengers on, along, around, over, or through a fixed or	4487
restricted course or within a defined area for the purpose of	4488
providing amusement, pleasure, or excitement. "Amusement ride"	4489
includes carnival rides, bungee jumping facilities, and fair	4490
rides, but does not include passenger tramways as defined in	4491
section 4169.01 of the Revised Code or amusement rides operated	4492
solely at trade shows for a limited period of time. For purposes	4493
of this division ~~(A) of this section~~, "trade show" means a place	4494
of exhibition not open to the general public where amusement ride	4495
manufacturers display, promote, operate, and sell amusement rides	4496
to prospective purchasers.	4497

(B) "Temporary amusement ride" means an amusement ride that	4498
is relocated at least once per year with or without disassembly.	4499

(C) "Permanent amusement ride" means an amusement ride that	4500
is erected to remain a lasting part of the premises.	4501

(D) "Owner" means any person who owns or leases and controls	4502
or manages the operation of an amusement ride, and includes	4503
individuals, partnerships, corporations, both profit and	4504
nonprofit, and the state and any of its political subdivisions and	4505
their departments or agencies.	4506

(E) "Operation" means the use or operation, or both, of an	4507
amusement ride with riders.	4508

(F) "Rider" means any person who sits, stands, or is	4509
otherwise conveyed or carried as a passenger on an amusement ride,	4510
but does not include employees or agents of the owner of the	4511
amusement ride.	4512

(G) "Amusement ride operator" means any person causing the	4513
amusement ride to go, stop, or perform its function.	4514

(H) "Reassembly" means the installation, erection, or	4515
reconstruction of the main mechanical, safety, electrical, or	4516
electronic components of an amusement ride following	4517
transportation or storage and prior to operation. Replacement of	4518
mechanical, safety, electrical, or electronic components of an	4519
amusement ride for the purpose of repair or maintenance is not	4520
reassembly.	4521

(I) "Repair" means to restore an amusement ride to a	4522
condition equal to or better than original design specifications.	4523

(J) "Maintenance" means the preservation and upkeep of an	4524
amusement ride for the purpose of maintaining its designed	4525
operational capability.	4526

(K) "Inspection" means a physical examination of an amusement	4527
ride by an inspector for the purpose of approving the application	4528
for a permit. "Inspection" includes a reinspection.	4529

(L) "Accident" means an occurrence during the operation of an	4530
amusement ride ~~which~~that results in death or injury requiring	4531
immediate hospital admission.	4532

(M) "Serious injury" means an injury that does not require	4533
immediate hospital admission but does require medical treatment,	4534
other than first aid, by a physician.	4535

(N) "First aid" means the one-time treatment or subsequent	4536
observation of scratches, cuts not requiring stitches, burns,	4537
splinters, and contusions or a diagnostic procedure, including	4538
examinations and x-rays, ~~which~~that does not ordinarily require	4539
medical treatment even though provided by a physician or other	4540
licensed professional personnel.	4541

(O) "Advisory council" means the advisory council on	4542
amusement ride safety created by section 1711.51 of the Revised	4543
Code.	4544

(P) "Safe operation" means, except as provided in section	4545
1711.57 of the Revised Code, the practical application of	4546
maintenance, inspection, and operational processes, as indicated	4547
by the manufacturer, owner, or advisory council, that secures a	4548
rider from threat of physical danger, harm, or loss.	4549

(Q) "Private facility" means any facility that is accessible	4550
only to members of the facility and not accessible to the general	4551
public, even upon payment of a fee or charge, and that requires	4552
approval for membership by a membership committee representing the	4553
current members who have a policy requiring monetary payment to	4554
belong to the facility.	4555

(R) "Bungee jumping" means a fall or jump from a height by an	4556
individual who is attached to an elastic cord that prevents the	4557
individual from hitting the ground, water, or other solid,	4558
semi-solid, liquid, or elastic surface.	4559

(S) "Bungee jumping facility" means a device or structure	4560
utilized for bungee jumping.	4561

(T) "Kiddie ride" means an amusement ride designed for use by	4562
children under thirteen years of age who are unaccompanied by	4563
another person. "Kiddie ride" includes a roller coaster that is	4564
not more than forty feet in elevation at any point on the ride.	4565

Sec. 1711.53. (A)(1) No person shall operate an amusement	4566
ride within the state without a permit issued by the director of	4567
agriculture under division (A)(2) of this section. The owner of an	4568
amusement ride, whether the ride is a temporary amusement ride or	4569
a permanent amusement ride, who desires to operate the amusement	4570
ride within the state shall, prior to the operation of the	4571
amusement ride and annually thereafter, submit to the department	4572
of agriculture an application for a permit, together with the	4573
appropriate permit and inspection fee, on a form to be furnished	4574
by the department. Prior to issuing any permit the department	4575
shall, within thirty days after the date on which it receives the	4576
application, inspect each amusement ride described in the	4577
application. The owner of an amusement ride shall have the	4578
amusement ride ready for inspection not later than two hours after	4579
the time that is requested by the person for the inspection.	4580

(2) For each amusement ride found to comply with the rules	4581
adopted by the director under division (B) of this section and	4582
division (B) of section 1711.551 of the Revised Code, the director	4583
shall issue an annual permit, provided that evidence of liability	4584
insurance coverage for the amusement ride as required by section	4585
1711.54 of the Revised Code is on file with the department.	4586

(3) The director shall issue with each permit a decal	4587
indicating that the amusement ride has been issued the permit. The	4588
owner of the amusement ride shall affix the decal on the ride at a	4589
location where the decal is easily visible to the patrons of the	4590
ride. A copy of the permit shall be kept on file at the same	4591
address as the location of the amusement ride identified on the	4592
permit, and shall be made available for inspection, upon	4593
reasonable demand, by any person. An owner may operate an	4594
amusement ride prior to obtaining a permit, provided that the	4595
operation is for the purpose of testing the amusement ride or	4596
training amusement ride operators and other employees of the owner	4597
and the amusement ride is not open to the public.	4598

(B) The director, in accordance with Chapter 119. of the	4599
Revised Code, shall adopt rules providing for a schedule of fines,	4600
with no fine exceeding five thousand dollars, for violations of	4601
sections 1711.50 to 1711.57 of the Revised Code or any rules	4602
adopted under this division and for the classification of	4603
amusement rides and rules for the safe operation and inspection of	4604
all amusement rides as are necessary for amusement ride safety and	4605
for the protection of the general public. Rules adopted by the	4606
director for the safe operation and inspection of amusement rides	4607
shall be reasonable and based upon generally accepted engineering	4608
standards and practices. In adopting rules under this section, the	4609
director may adopt by reference, in whole or in part, the national	4610
fire code or the national electrical code (NEC) prepared by the	4611
national fire protection association, the standards of the	4612
American society for testing and materials (ASTM) or the American	4613
national standards institute (ANSI), or any other principles,	4614
tests, or standards of nationally recognized technical or	4615
scientific authorities. Insofar as is practicable and consistent	4616
with sections 1711.50 to 1711.57 of the Revised Code, rules	4617
adopted under this division shall be consistent with the rules of	4618
other states. The department shall cause sections 1711.50 to	4619
1711.57 of the Revised Code and the rules adopted in accordance	4620
with this division and division (B) of section 1711.551 of the	4621
Revised Code to be published in pamphlet form and a copy to be	4622
furnished without charge to each owner of an amusement ride who	4623
holds a current permit or is an applicant therefor.	4624

(C) With respect to an application for a permit for an	4625
amusement ride, an owner may apply to the director for a waiver or	4626
modification of any rule adopted under division (B) of this	4627
section if there are practical difficulties or unnecessary	4628
hardships for the amusement ride to comply with the rules. Any	4629
application shall set forth the reasons for the request. The	4630
director, with the approval of the advisory council on amusement	4631
ride safety, may waive or modify the application of a rule to any	4632
amusement ride if the public safety is secure. Any authorization	4633
by the director under this division shall be in writing and shall	4634
set forth the conditions under which the waiver or modification is	4635
authorized, and the department shall retain separate records of	4636
all proceedings under this division.	4637

(D)(1) The director shall employ and provide for training of	4638
a chief inspector and additional inspectors and employees as may	4639
be necessary to administer and enforce sections 1711.50 to 1711.57	4640
of the Revised Code. The director may appoint or contract with	4641
other persons to perform inspections of amusement rides, provided	4642
that the persons meet the qualifications for inspectors	4643
established by rules adopted under division (B) of this section	4644
and are not owners, or employees of owners, of any amusement ride	4645
subject to inspection under sections 1711.50 to 1711.57 of the	4646
Revised Code. No person shall inspect an amusement ride who,	4647
within six months prior to the date of inspection, was an employee	4648
of the owner of the ride.	4649

(2) Before the director contracts with other persons to	4650
inspect amusement rides, the director shall seek the advice of the	4651
advisory council on amusement ride safety on whether to contract	4652
with those persons. The advice shall not be binding upon the	4653
director. After having received the advice of the council, the	4654
director may proceed to contract with inspectors in accordance	4655
with the procedures specified in division (E)(2) of section	4656
1711.11 of the Revised Code.	4657

(3) With the advice and consent of the advisory council on	4658
amusement ride safety, the director may employ a special	4659
consultant to conduct an independent investigation of an amusement	4660
ride accident. This consultant need not be in the civil service of	4661
the state, but shall have qualifications to conduct the	4662
investigation acceptable to the council.	4663

(E)(1) Except as otherwise provided in division (E)(1) of	4664
this section, the department shall charge the following amusement	4665
ride fees:	4666

Permit		$	150	4667
Annual inspection and reinspection per ride:				4668
	Kiddie rides	$	100	4669
	Roller coaster	$	~~950~~ 1,200	4670
	Aerial lifts or bungee jumping facilities	$	450	4671
	Go karts, per kart	$	5	4672
	Inflatable rides, kiddie and adult	$	105	4673
	Other rides	$	160	4674
Midseason operational inspection per ride		$	25	4675
Expedited inspection per ride		$	100	4676
Failure to cancel scheduled inspection per ride		$	100	4677
Failure to have amusement ride ready for inspection				4678
per ride		$	100	4679

The go kart inspection fee is in addition to the inspection	4680
fee for the go kart track.	4681

The fees for an expedited inspection, failure to cancel a	4682
scheduled inspection, and failure to have an amusement ride ready	4683
for inspection do not apply to go karts.	4684

As used in division (E)(1) of this section, "expedited	4685
inspection" means an inspection of an amusement ride by the	4686
department not later than ten days after the owner of the	4687
amusement ride files an application for a permit under this	4688
section.	4689

(2) All fees and fines collected by the department under	4690
sections 1711.50 to 1711.57 of the Revised Code shall be deposited	4691
in the state treasury to the credit of the amusement ride	4692
inspection fund, which is hereby created, and shall be used only	4693
for the purpose of administering and enforcing sections 1711.11	4694
and 1711.50 to 1711.57 of the Revised Code.	4695

(3) The owner of an amusement ride shall be required to pay a	4696
reinspection fee only if the reinspection was conducted at the	4697
owner's request under division (F) of this section, if the	4698
reinspection is required by division (F) of this section because	4699
of an accident, or if the reinspection is required by division (F)	4700
of section 1711.55 of the Revised Code. If a reinspection is	4701
conducted at the request of the chief officer of a fair, festival,	4702
or event where the ride is operating, the reinspection fee shall	4703
be charged to the fair, festival, or event.	4704

(4) The rules adopted under division (B) of this section	4705
shall define ~~"kiddie rides,"~~ "roller coaster," "aerial lifts," "go	4706
karts," and "other rides" for purposes of determining the fees	4707
under division (E) of this section. The rules shall define "other	4708
rides" to include go kart tracks.	4709

(F) A reinspection of an amusement ride shall take place if	4710
an accident occurs, if the owner of the ride or the chief officer	4711
of the fair, festival, or event where the ride is operating	4712
requests a reinspection, or if the reinspection is required by	4713
division (F) of section 1711.55 of the Revised Code.	4714

(G) As a supplement to its annual inspection of a temporary	4715
amusement ride, the department may inspect the ride during each	4716
scheduled event, as listed in the schedule of events provided to	4717
the department by the owner pursuant to division (C) of section	4718
1711.55 of the Revised Code, at which the ride is operated in this	4719
state. These supplemental inspections are in addition to any other	4720
inspection or reinspection of the ride as may be required under	4721
sections 1711.50 to 1711.57 of the Revised Code, and the owner of	4722
the temporary amusement ride is not required to pay an inspection	4723
or reinspection fee for this supplemental inspection. Nothing in	4724
this division shall be construed to prohibit the owner of a	4725
temporary amusement ride having a valid permit to operate in this	4726
state from operating the ride at a scheduled event before the	4727
department conducts a supplemental inspection.	4728

(H) The department may annually conduct a midseason	4729
operational inspection of every amusement ride upon which it	4730
conducts an annual inspection pursuant to division (A) of this	4731
section. The midseason operational inspection is in addition to	4732
any other inspection or reinspection of the amusement ride as may	4733
be required pursuant to sections 1711.50 to 1711.57 of the Revised	4734
Code. The owner of an amusement ride shall submit to the	4735
department, at the time determined by the department, the	4736
midseason operational inspection fee specified in division (E) of	4737
this section. The director, in accordance with Chapter 119. of the	4738
Revised Code, shall adopt rules specifying the time period during	4739
which the department will conduct midseason operational	4740
inspections.	4741

Sec. 2151.417. (A) Any court that issues a dispositional	4742
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	4743
Revised Code may review at any time the child's placement or	4744
custody arrangement, the case plan prepared for the child pursuant	4745
to section 2151.412 of the Revised Code, the actions of the public	4746
children services agency or private child placing agency in	4747
implementing that case plan, the child's permanency plan if the	4748
child's permanency plan has been approved, and any other aspects	4749
of the child's placement or custody arrangement. In conducting the	4750
review, the court shall determine the appropriateness of any	4751
agency actions, the safety and appropriateness of continuing the	4752
child's placement or custody arrangement, and whether any changes	4753
should be made with respect to the child's permanency plan or	4754
placement or custody arrangement or with respect to the actions of	4755
the agency under the child's placement or custody arrangement.	4756
Based upon the evidence presented at a hearing held after notice	4757
to all parties and the guardian ad litem of the child, the court	4758
may require the agency, the parents, guardian, or custodian of the	4759
child, and the physical custodians of the child to take any	4760
reasonable action that the court determines is necessary and in	4761
the best interest of the child or to discontinue any action that	4762
it determines is not in the best interest of the child.	4763

(B) If a court issues a dispositional order pursuant to	4764
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	4765
court has continuing jurisdiction over the child as set forth in	4766
division (E)(1) of section 2151.353 of the Revised Code. The court	4767
may amend a dispositional order in accordance with division (E)(2)	4768
of section 2151.353 of the Revised Code at any time upon its own	4769
motion or upon the motion of any interested party. The court shall	4770
comply with section 2151.42 of the Revised Code in amending any	4771
dispositional order pursuant to this division.	4772

(C) Any court that issues a dispositional order pursuant to	4773
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	4774
hold a review hearing one year after the earlier of the date on	4775
which the complaint in the case was filed or the child was first	4776
placed into shelter care to review the case plan prepared pursuant	4777
to section 2151.412 of the Revised Code and the child's placement	4778
or custody arrangement, to approve or review the permanency plan	4779
for the child, and to make changes to the case plan and placement	4780
or custody arrangement consistent with the permanency plan. The	4781
court shall schedule the review hearing at the time that it holds	4782
the dispositional hearing pursuant to section 2151.35 of the	4783
Revised Code.	4784

The court shall hold a similar review hearing no later than	4785
every twelve months after the initial review hearing until the	4786
child is adopted, returned to the parents, or the court otherwise	4787
terminates the child's placement or custody arrangement, except	4788
that the dispositional hearing held pursuant to section 2151.415	4789
of the Revised Code shall take the place of the first review	4790
hearing to be held under this section. The court shall schedule	4791
each subsequent review hearing at the conclusion of the review	4792
hearing immediately preceding the review hearing to be scheduled.	4793

(D) If, within fourteen days after a written summary of an	4794
administrative review is filed with the court pursuant to section	4795
2151.416 of the Revised Code, the court does not approve the	4796
proposed change to the case plan filed pursuant to division (E) of	4797
section 2151.416 of the Revised Code or a party or the guardian ad	4798
litem requests a review hearing pursuant to division (E) of that	4799
section, the court shall hold a review hearing in the same manner	4800
that it holds review hearings pursuant to division (C) of this	4801
section, except that if a review hearing is required by this	4802
division and if a hearing is to be held pursuant to division (C)	4803
of this section or section 2151.415 of the Revised Code, the	4804
hearing held pursuant to division (C) of this section or section	4805
2151.415 of the Revised Code shall take the place of the review	4806
hearing required by this division.	4807

(E) If a court determines pursuant to section 2151.419 of the	4808
Revised Code that a public children services agency or private	4809
child placing agency is not required to make reasonable efforts to	4810
prevent the removal of a child from the child's home, eliminate	4811
the continued removal of a child from the child's home, and return	4812
the child to the child's home, and the court does not return the	4813
child to the child's home pursuant to division (A)(3) of section	4814
2151.419 of the Revised Code, the court shall hold a review	4815
hearing to approve the permanency plan for the child and, if	4816
appropriate, to make changes to the child's case plan and the	4817
child's placement or custody arrangement consistent with the	4818
permanency plan. The court may hold the hearing immediately	4819
following the determination under section 2151.419 of the Revised	4820
Code and shall hold it no later than thirty days after making that	4821
determination.	4822

(F) The court shall give notice of the review hearings held	4823
pursuant to this section to every interested party, including, but	4824
not limited to, the appropriate agency employees who are	4825
responsible for the child's care and planning, the child's	4826
parents, any person who had guardianship or legal custody of the	4827
child prior to the custody order, the child's guardian ad litem,	4828
and the child. The court shall summon every interested party to	4829
appear at the review hearing and give them an opportunity to	4830
testify and to present other evidence with respect to the child's	4831
custody arrangement, including, but not limited to, the following:	4832
the case plan for the child,; the permanency plan, if one exists;	4833
the actions taken by the child's custodian; the need for a change	4834
in the child's custodian or caseworker; and the need for any	4835
specific action to be taken with respect to the child. The court	4836
shall require any interested party to testify or present other	4837
evidence when necessary to a proper determination of the issues	4838
presented at the review hearing. In any review hearing that	4839
pertains to a permanency plan for a child who will not be returned	4840
to the parent, the court shall consider in-state and out-of-state	4841
placement options and the court shall determine whether the	4842
in-state or the out-of-state placement continues to be appropriate	4843
and in the best interests of the child. In any review hearing that	4844
pertains to a permanency plan for a child, the court or a citizens	4845
board appointed by the court pursuant to division (H) of this	4846
section shall consult with the child, in an age-appropriate	4847
manner, regarding the proposed permanency plan for the child.	4848

(G) After the review hearing, the court shall take the	4849
following actions based upon the evidence presented:	4850

(1) If an administrative review has been conducted, determine	4851
whether the conclusions of the review are supported by a	4852
preponderance of the evidence and approve or modify the case plan	4853
based upon that evidence;	4854

(2) If the hearing was held under division (C) or (E) of this	4855
section, approve a permanency plan for the child that specifies	4856
whether and, if applicable, when the child will be safely returned	4857
home or placed for adoption, for legal custody, or in a planned	4858
permanent living arrangement. A permanency plan approved after a	4859
hearing under division (E) of this section shall not include any	4860
provision requiring the child to be returned to the child's home.	4861

(3) If the child is in temporary custody, do all of the	4862
following:	4863

(a) Determine whether the child can and should be returned	4864
home with or without an order for protective supervision;	4865

(b) If the child can and should be returned home with or	4866
without an order for protective supervision, terminate the order	4867
for temporary custody;	4868

(c) If the child cannot or should not be returned home with	4869
an order for protective supervision, determine whether the agency	4870
currently with custody of the child should retain custody or	4871
whether another public children services agency, private child	4872
placing agency, or an individual should be given custody of the	4873
child.	4874

The court shall comply with section 2151.42 of the Revised	4875
Code in taking any action under this division.	4876

(4) If the child is in permanent custody, determine what	4877
actions are required by the custodial agency and of any other	4878
organizations or persons in order to facilitate an adoption of the	4879
child and make any appropriate orders with respect to the custody	4880
arrangement or conditions of the child, including, but not limited	4881
to, a transfer of permanent custody to another public children	4882
services agency or private child placing agency;	4883

(5) Journalize the terms of the updated case plan for the	4884
child.	4885

(H) The court may appoint a referee or a citizens review	4886
board to conduct the review hearings that the court is required by	4887
this section to conduct, subject to the review and approval by the	4888
court of any determinations made by the referee or citizens review	4889
board. If the court appoints a citizens review board to conduct	4890
the review hearings, the board shall consist of one member	4891
representing the general public and four members who are trained	4892
or experienced in the care or placement of children and have	4893
training or experience in the fields of medicine, psychology,	4894
social work, education, or any related field. Of the initial	4895
appointments to the board, two shall be for a term of one year,	4896
two shall be for a term of two years, and one shall be for a term	4897
of three years, with all the terms ending one year after the date	4898
on which the appointment was made. Thereafter, all terms of the	4899
board members shall be for three years and shall end on the same	4900
day of the same month of the year as did the term that they	4901
succeed. Any member appointed to fill a vacancy occurring prior to	4902
the expiration of the term for which the member's predecessor was	4903
appointed shall hold office for the remainder of the term.	4904

(I) A copy of the court's determination following any review	4905
hearing held pursuant to this section shall be sent to the	4906
custodial agency, the guardian ad litem of the child who is the	4907
subject of the review hearing, and, if that child is not the	4908
subject of a permanent commitment hearing, the parents of the	4909
child.	4910

(J) If the hearing held under this section takes the place of	4911
an administrative review that otherwise would have been held under	4912
section 2151.416 of the Revised Code, the court at the hearing	4913
held under this section shall do all of the following in addition	4914
to any other requirements of this section:	4915

(1) Determine the continued necessity for and the safety and	4916
appropriateness of the child's placement;	4917

(2) Determine the extent of compliance with the child's case	4918
plan;	4919

(3) Determine the extent of progress that has been made	4920
toward alleviating or mitigating the causes necessitating the	4921
child's placement in foster care;	4922

(4) Project a likely date by which the child may be safely	4923
returned home or placed for adoption or legal custody.	4924

(K)(1) Whenever the court is required to approve a permanency	4925
plan under this section or section 2151.415 of the Revised Code,	4926
the public children services agency or private child placing	4927
agency that filed the complaint in the case, has custody of the	4928
child, or will be given custody of the child shall develop a	4929
permanency plan for the child. The agency must file the plan with	4930
the court prior to the hearing under this section or section	4931
2151.415 of the Revised Code.	4932

(2) The permanency plan developed by the agency must specify	4933
whether and, if applicable, when the child will be safely returned	4934
home or placed for adoption or legal custody. If the agency	4935
determines that there is a compelling reason why returning the	4936
child home or placing the child for adoption or legal custody is	4937
not in the best interest of the child, the plan shall provide that	4938
the child will be placed in a planned permanent living	4939
arrangement. A permanency plan developed as a result of a	4940
determination made under division (A)(2) of section 2151.419 of	4941
the Revised Code may not include any provision requiring the child	4942
to be returned home.	4943

(3)(a) Whenever a court is required under this section or	4944
section 2151.415 or 2151.419 of the Revised Code to conduct a	4945
review hearing to approve a permanency plan, the court shall	4946
determine whether the agency required to develop the plan has made	4947
reasonable efforts to finalize it. If the court determines the	4948
agency has not made reasonable efforts to finalize the plan, the	4949
court shall issue an order finalizing a permanency plan requiring	4950
the agency to use reasonable efforts to do the following:	4951

(i) Place the child in a timely manner into a permanent	4952
placement;	4953

(ii) Complete whatever steps are necessary to finalize the	4954
permanent placement of the child.	4955

(b) In making reasonable efforts as required in division	4956
(K)(3)(a) of this section, the agency shall consider the child's	4957
health and safety as the paramount concern.	4958

Sec. 2151.421. (A)(1)(a) No person described in division	4959
(A)(1)(b) of this section who is acting in an official or	4960
professional capacity and knows, or has reasonable cause to	4961
suspect based on facts that would cause a reasonable person in a	4962
similar position to suspect, that a child under eighteen years of	4963
age or a mentally retarded, developmentally disabled, or	4964
physically impaired child under twenty-one years of age has	4965
suffered or faces a threat of suffering any physical or mental	4966
wound, injury, disability, or condition of a nature that	4967
reasonably indicates abuse or neglect of the child shall fail to	4968
immediately report that knowledge or reasonable cause to suspect	4969
to the entity or persons specified in this division. Except as	4970
provided in section 5120.173 of the Revised Code, the person	4971
making the report shall make it to the public children services	4972
agency or a municipal or county peace officer in the county in	4973
which the child resides or in which the abuse or neglect is	4974
occurring or has occurred. In the circumstances described in	4975
section 5120.173 of the Revised Code, the person making the report	4976
shall make it to the entity specified in that section.	4977

(b) Division (A)(1)(a) of this section applies to any person	4978
who is an attorney; physician, including a hospital intern or	4979
resident; dentist; podiatrist; practitioner of a limited branch of	4980
medicine as specified in section 4731.15 of the Revised Code;	4981
registered nurse; licensed practical nurse; visiting nurse; other	4982
health care professional; licensed psychologist; licensed school	4983
psychologist; independent marriage and family therapist or	4984
marriage and family therapist; speech pathologist or audiologist;	4985
coroner; administrator or employee of a child day-care center;	4986
administrator or employee of a residential camp or child day camp;	4987
administrator or employee of a certified child care agency or	4988
other public or private children services agency; school teacher;	4989
school employee; school authority; person engaged in social work	4990
or the practice of professional counseling; agent of a county	4991
humane society; person, other than a cleric, rendering spiritual	4992
treatment through prayer in accordance with the tenets of a	4993
well-recognized religion; employee of a county department of job	4994
and family services who is a professional and who works with	4995
children and families; superintendent or regional administrator	4996
employed by the department of youth services; superintendent,	4997
board member, or employee of a county board of developmental	4998
disabilities; investigative agent contracted with by a county	4999
board of developmental disabilities; employee of the department of	5000
developmental disabilities; employee of a facility or home that	5001
provides respite care in accordance with section 5123.171 of the	5002
Revised Code; employee of a home health agency; employee of an	5003
entity that provides homemaker services; a person performing the	5004
duties of an assessor pursuant to Chapter 3107. or 5103. of the	5005
Revised Code; or third party employed by a public children	5006
services agency to assist in providing child or family related	5007
services.	5008

(2) Except as provided in division (A)(3) of this section, an	5009
attorney or a physician is not required to make a report pursuant	5010
to division (A)(1) of this section concerning any communication	5011
the attorney or physician receives from a client or patient in an	5012
attorney-client or physician-patient relationship, if, in	5013
accordance with division (A) or (B) of section 2317.02 of the	5014
Revised Code, the attorney or physician could not testify with	5015
respect to that communication in a civil or criminal proceeding.	5016

(3) The client or patient in an attorney-client or	5017
physician-patient relationship described in division (A)(2) of	5018
this section is deemed to have waived any testimonial privilege	5019
under division (A) or (B) of section 2317.02 of the Revised Code	5020
with respect to any communication the attorney or physician	5021
receives from the client or patient in that attorney-client or	5022
physician-patient relationship, and the attorney or physician	5023
shall make a report pursuant to division (A)(1) of this section	5024
with respect to that communication, if all of the following apply:	5025

(a) The client or patient, at the time of the communication,	5026
is either a child under eighteen years of age or a mentally	5027
retarded, developmentally disabled, or physically impaired person	5028
under twenty-one years of age.	5029

(b) The attorney or physician knows, or has reasonable cause	5030
to suspect based on facts that would cause a reasonable person in	5031
similar position to suspect, as a result of the communication or	5032
any observations made during that communication, that the client	5033
or patient has suffered or faces a threat of suffering any	5034
physical or mental wound, injury, disability, or condition of a	5035
nature that reasonably indicates abuse or neglect of the client or	5036
patient.	5037

(c) The abuse or neglect does not arise out of the client's	5038
or patient's attempt to have an abortion without the notification	5039
of her parents, guardian, or custodian in accordance with section	5040
2151.85 of the Revised Code.	5041

(4)(a) No cleric and no person, other than a volunteer,	5042
designated by any church, religious society, or faith acting as a	5043
leader, official, or delegate on behalf of the church, religious	5044
society, or faith who is acting in an official or professional	5045
capacity, who knows, or has reasonable cause to believe based on	5046
facts that would cause a reasonable person in a similar position	5047
to believe, that a child under eighteen years of age or a mentally	5048
retarded, developmentally disabled, or physically impaired child	5049
under twenty-one years of age has suffered or faces a threat of	5050
suffering any physical or mental wound, injury, disability, or	5051
condition of a nature that reasonably indicates abuse or neglect	5052
of the child, and who knows, or has reasonable cause to believe	5053
based on facts that would cause a reasonable person in a similar	5054
position to believe, that another cleric or another person, other	5055
than a volunteer, designated by a church, religious society, or	5056
faith acting as a leader, official, or delegate on behalf of the	5057
church, religious society, or faith caused, or poses the threat of	5058
causing, the wound, injury, disability, or condition that	5059
reasonably indicates abuse or neglect shall fail to immediately	5060
report that knowledge or reasonable cause to believe to the entity	5061
or persons specified in this division. Except as provided in	5062
section 5120.173 of the Revised Code, the person making the report	5063
shall make it to the public children services agency or a	5064
municipal or county peace officer in the county in which the child	5065
resides or in which the abuse or neglect is occurring or has	5066
occurred. In the circumstances described in section 5120.173 of	5067
the Revised Code, the person making the report shall make it to	5068
the entity specified in that section.	5069

(b) Except as provided in division (A)(4)(c) of this section,	5070
a cleric is not required to make a report pursuant to division	5071
(A)(4)(a) of this section concerning any communication the cleric	5072
receives from a penitent in a cleric-penitent relationship, if, in	5073
accordance with division (C) of section 2317.02 of the Revised	5074
Code, the cleric could not testify with respect to that	5075
communication in a civil or criminal proceeding.	5076

(c) The penitent in a cleric-penitent relationship described	5077
in division (A)(4)(b) of this section is deemed to have waived any	5078
testimonial privilege under division (C) of section 2317.02 of the	5079
Revised Code with respect to any communication the cleric receives	5080
from the penitent in that cleric-penitent relationship, and the	5081
cleric shall make a report pursuant to division (A)(4)(a) of this	5082
section with respect to that communication, if all of the	5083
following apply:	5084

(i) The penitent, at the time of the communication, is either	5085
a child under eighteen years of age or a mentally retarded,	5086
developmentally disabled, or physically impaired person under	5087
twenty-one years of age.	5088

(ii) The cleric knows, or has reasonable cause to believe	5089
based on facts that would cause a reasonable person in a similar	5090
position to believe, as a result of the communication or any	5091
observations made during that communication, the penitent has	5092
suffered or faces a threat of suffering any physical or mental	5093
wound, injury, disability, or condition of a nature that	5094
reasonably indicates abuse or neglect of the penitent.	5095

(iii) The abuse or neglect does not arise out of the	5096
penitent's attempt to have an abortion performed upon a child	5097
under eighteen years of age or upon a mentally retarded,	5098
developmentally disabled, or physically impaired person under	5099
twenty-one years of age without the notification of her parents,	5100
guardian, or custodian in accordance with section 2151.85 of the	5101
Revised Code.	5102

(d) Divisions (A)(4)(a) and (c) of this section do not apply	5103
in a cleric-penitent relationship when the disclosure of any	5104
communication the cleric receives from the penitent is in	5105
violation of the sacred trust.	5106

(e) As used in divisions (A)(1) and (4) of this section,	5107
"cleric" and "sacred trust" have the same meanings as in section	5108
2317.02 of the Revised Code.	5109

(B) Anyone who knows, or has reasonable cause to suspect	5110
based on facts that would cause a reasonable person in similar	5111
circumstances to suspect, that a child under eighteen years of age	5112
or a mentally retarded, developmentally disabled, or physically	5113
impaired person under twenty-one years of age has suffered or	5114
faces a threat of suffering any physical or mental wound, injury,	5115
disability, or other condition of a nature that reasonably	5116
indicates abuse or neglect of the child may report or cause	5117
reports to be made of that knowledge or reasonable cause to	5118
suspect to the entity or persons specified in this division.	5119
Except as provided in section 5120.173 of the Revised Code, a	5120
person making a report or causing a report to be made under this	5121
division shall make it or cause it to be made to the public	5122
children services agency or to a municipal or county peace	5123
officer. In the circumstances described in section 5120.173 of the	5124
Revised Code, a person making a report or causing a report to be	5125
made under this division shall make it or cause it to be made to	5126
the entity specified in that section.	5127

(C) Any report made pursuant to division (A) or (B) of this	5128
section shall be made forthwith either by telephone or in person	5129
and shall be followed by a written report, if requested by the	5130
receiving agency or officer. The written report shall contain:	5131

(1) The names and addresses of the child and the child's	5132
parents or the person or persons having custody of the child, if	5133
known;	5134

(2) The child's age and the nature and extent of the child's	5135
injuries, abuse, or neglect that is known or reasonably suspected	5136
or believed, as applicable, to have occurred or of the threat of	5137
injury, abuse, or neglect that is known or reasonably suspected or	5138
believed, as applicable, to exist, including any evidence of	5139
previous injuries, abuse, or neglect;	5140

(3) Any other information that might be helpful in	5141
establishing the cause of the injury, abuse, or neglect that is	5142
known or reasonably suspected or believed, as applicable, to have	5143
occurred or of the threat of injury, abuse, or neglect that is	5144
known or reasonably suspected or believed, as applicable, to	5145
exist.	5146

Any person, who is required by division (A) of this section	5147
to report child abuse or child neglect that is known or reasonably	5148
suspected or believed to have occurred, may take or cause to be	5149
taken color photographs of areas of trauma visible on a child and,	5150
if medically indicated, cause to be performed radiological	5151
examinations of the child.	5152

(D) As used in this division, "children's advocacy center"	5153
and "sexual abuse of a child" have the same meanings as in section	5154
2151.425 of the Revised Code.	5155

(1) When a municipal or county peace officer receives a	5156
report concerning the possible abuse or neglect of a child or the	5157
possible threat of abuse or neglect of a child, upon receipt of	5158
the report, the municipal or county peace officer who receives the	5159
report shall refer the report to the appropriate public children	5160
services agency.	5161

(2) When a public children services agency receives a report	5162
pursuant to this division or division (A) or (B) of this section,	5163
upon receipt of the report, the public children services agency	5164
shall do both of the following:	5165

(a) Comply with section 2151.422 of the Revised Code;

5166

(b) If the county served by the agency is also served by a	5167
children's advocacy center and the report alleges sexual abuse of	5168
a child or another type of abuse of a child that is specified in	5169
the memorandum of understanding that creates the center as being	5170
within the center's jurisdiction, comply regarding the report with	5171
the protocol and procedures for referrals and investigations, with	5172
the coordinating activities, and with the authority or	5173
responsibility for performing or providing functions, activities,	5174
and services stipulated in the interagency agreement entered into	5175
under section 2151.428 of the Revised Code relative to that	5176
center.	5177

(E) No township, municipal, or county peace officer shall	5178
remove a child about whom a report is made pursuant to this	5179
section from the child's parents, stepparents, or guardian or any	5180
other persons having custody of the child without consultation	5181
with the public children services agency, unless, in the judgment	5182
of the officer, and, if the report was made by physician, the	5183
physician, immediate removal is considered essential to protect	5184
the child from further abuse or neglect. The agency that must be	5185
consulted shall be the agency conducting the investigation of the	5186
report as determined pursuant to section 2151.422 of the Revised	5187
Code.	5188

(F)(1) Except as provided in section 2151.422 of the Revised	5189
Code or in an interagency agreement entered into under section	5190
2151.428 of the Revised Code that applies to the particular	5191
report, the public children services agency shall investigate,	5192
within twenty-four hours, each report of child abuse or child	5193
neglect that is known or reasonably suspected or believed to have	5194
occurred and of a threat of child abuse or child neglect that is	5195
known or reasonably suspected or believed to exist that is	5196
referred to it under this section to determine the circumstances	5197
surrounding the injuries, abuse, or neglect or the threat of	5198
injury, abuse, or neglect, the cause of the injuries, abuse,	5199
neglect, or threat, and the person or persons responsible. The	5200
investigation shall be made in cooperation with the law	5201
enforcement agency and in accordance with the memorandum of	5202
understanding prepared under division (J) of this section. A	5203
representative of the public children services agency shall, at	5204
the time of initial contact with the person subject to the	5205
investigation, inform the person of the specific complaints or	5206
allegations made against the person. The information shall be	5207
given in a manner that is consistent with division (H)(1) of this	5208
section and protects the rights of the person making the report	5209
under this section.	5210

A failure to make the investigation in accordance with the	5211
memorandum is not grounds for, and shall not result in, the	5212
dismissal of any charges or complaint arising from the report or	5213
the suppression of any evidence obtained as a result of the report	5214
and does not give, and shall not be construed as giving, any	5215
rights or any grounds for appeal or post-conviction relief to any	5216
person. The public children services agency shall report each case	5217
to the uniform statewide automated child welfare information	5218
system that the department of job and family services shall	5219
maintain in accordance with section 5101.13 of the Revised Code.	5220
The public children services agency shall submit a report of its	5221
investigation, in writing, to the law enforcement agency.	5222

(2) The public children services agency shall make any	5223
recommendations to the county prosecuting attorney or city	5224
director of law that it considers necessary to protect any	5225
children that are brought to its attention.	5226

(G)(1)(a) Except as provided in division (H)(3) of this	5227
section, anyone or any hospital, institution, school, health	5228
department, or agency participating in the making of reports under	5229
division (A) of this section, anyone or any hospital, institution,	5230
school, health department, or agency participating in good faith	5231
in the making of reports under division (B) of this section, and	5232
anyone participating in good faith in a judicial proceeding	5233
resulting from the reports, shall be immune from any civil or	5234
criminal liability for injury, death, or loss to person or	5235
property that otherwise might be incurred or imposed as a result	5236
of the making of the reports or the participation in the judicial	5237
proceeding.	5238

(b) Notwithstanding section 4731.22 of the Revised Code, the	5239
physician-patient privilege shall not be a ground for excluding	5240
evidence regarding a child's injuries, abuse, or neglect, or the	5241
cause of the injuries, abuse, or neglect in any judicial	5242
proceeding resulting from a report submitted pursuant to this	5243
section.	5244

(2) In any civil or criminal action or proceeding in which it	5245
is alleged and proved that participation in the making of a report	5246
under this section was not in good faith or participation in a	5247
judicial proceeding resulting from a report made under this	5248
section was not in good faith, the court shall award the	5249
prevailing party reasonable attorney's fees and costs and, if a	5250
civil action or proceeding is voluntarily dismissed, may award	5251
reasonable attorney's fees and costs to the party against whom the	5252
civil action or proceeding is brought.	5253

(H)(1) Except as provided in divisions (H)(4) and (N) of this	5254
section, a report made under this section is confidential. The	5255
information provided in a report made pursuant to this section and	5256
the name of the person who made the report shall not be released	5257
for use, and shall not be used, as evidence in any civil action or	5258
proceeding brought against the person who made the report. Nothing	5259
in this division shall preclude the use of reports of other	5260
incidents of known or suspected abuse or neglect in a civil action	5261
or proceeding brought pursuant to division (M) of this section	5262
against a person who is alleged to have violated division (A)(1)	5263
of this section, provided that any information in a report that	5264
would identify the child who is the subject of the report or the	5265
maker of the report, if the maker of the report is not the	5266
defendant or an agent or employee of the defendant, has been	5267
redacted. In a criminal proceeding, the report is admissible in	5268
evidence in accordance with the Rules of Evidence and is subject	5269
to discovery in accordance with the Rules of Criminal Procedure.	5270

(2) No person shall permit or encourage the unauthorized	5271
dissemination of the contents of any report made under this	5272
section.	5273

(3) A person who knowingly makes or causes another person to	5274
make a false report under division (B) of this section that	5275
alleges that any person has committed an act or omission that	5276
resulted in a child being an abused child or a neglected child is	5277
guilty of a violation of section 2921.14 of the Revised Code.	5278

(4) If a report is made pursuant to division (A) or (B) of	5279
this section and the child who is the subject of the report dies	5280
for any reason at any time after the report is made, but before	5281
the child attains eighteen years of age, the public children	5282
services agency or municipal or county peace officer to which the	5283
report was made or referred, on the request of the child fatality	5284
review board, shall submit a summary sheet of information	5285
providing a summary of the report to the review board of the	5286
county in which the deceased child resided at the time of death.	5287
On the request of the review board, the agency or peace officer	5288
may, at its discretion, make the report available to the review	5289
board. If the county served by the public children services agency	5290
is also served by a children's advocacy center and the report of	5291
alleged sexual abuse of a child or another type of abuse of a	5292
child is specified in the memorandum of understanding that creates	5293
the center as being within the center's jurisdiction, the agency	5294
or center shall perform the duties and functions specified in this	5295
division in accordance with the interagency agreement entered into	5296
under section 2151.428 of the Revised Code relative to that	5297
advocacy center.	5298

(5) A public children services agency shall advise a person	5299
alleged to have inflicted abuse or neglect on a child who is the	5300
subject of a report made pursuant to this section, including a	5301
report alleging sexual abuse of a child or another type of abuse	5302
of a child referred to a children's advocacy center pursuant to an	5303
interagency agreement entered into under section 2151.428 of the	5304
Revised Code, in writing of the disposition of the investigation.	5305
The agency shall not provide to the person any information that	5306
identifies the person who made the report, statements of	5307
witnesses, or police or other investigative reports.	5308

(I) Any report that is required by this section, other than a	5309
report that is made to the state highway patrol as described in	5310
section 5120.173 of the Revised Code, shall result in protective	5311
services and emergency supportive services being made available by	5312
the public children services agency on behalf of the children	5313
about whom the report is made, in an effort to prevent further	5314
neglect or abuse, to enhance their welfare, and, whenever	5315
possible, to preserve the family unit intact. The agency required	5316
to provide the services shall be the agency conducting the	5317
investigation of the report pursuant to section 2151.422 of the	5318
Revised Code.	5319

(J)(1) Each public children services agency shall prepare a	5320
memorandum of understanding that is signed by all of the	5321
following:	5322

(a) If there is only one juvenile judge in the county, the	5323
juvenile judge of the county or the juvenile judge's	5324
representative;	5325

(b) If there is more than one juvenile judge in the county, a	5326
juvenile judge or the juvenile judges' representative selected by	5327
the juvenile judges or, if they are unable to do so for any	5328
reason, the juvenile judge who is senior in point of service or	5329
the senior juvenile judge's representative;	5330

5331

(d) All chief municipal peace officers within the county;

5332

(e) Other law enforcement officers handling child abuse and	5333
neglect cases in the county;	5334

(f) The prosecuting attorney of the county;

5335

(g) If the public children services agency is not the county	5336
department of job and family services, the county department of	5337
job and family services;	5338

(h) The county humane society;

5339

(i) If the public children services agency participated in	5340
the execution of a memorandum of understanding under section	5341
2151.426 of the Revised Code establishing a children's advocacy	5342
center, each participating member of the children's advocacy	5343
center established by the memorandum.	5344

(2) A memorandum of understanding shall set forth the normal	5345
operating procedure to be employed by all concerned officials in	5346
the execution of their respective responsibilities under this	5347
section and division (C) of section 2919.21, division (B)(1) of	5348
section 2919.22, division (B) of section 2919.23, and section	5349
2919.24 of the Revised Code and shall have as two of its primary	5350
goals the elimination of all unnecessary interviews of children	5351
who are the subject of reports made pursuant to division (A) or	5352
(B) of this section and, when feasible, providing for only one	5353
interview of a child who is the subject of any report made	5354
pursuant to division (A) or (B) of this section. A failure to	5355
follow the procedure set forth in the memorandum by the concerned	5356
officials is not grounds for, and shall not result in, the	5357
dismissal of any charges or complaint arising from any reported	5358
case of abuse or neglect or the suppression of any evidence	5359
obtained as a result of any reported child abuse or child neglect	5360
and does not give, and shall not be construed as giving, any	5361
rights or any grounds for appeal or post-conviction relief to any	5362
person.	5363

(3) A memorandum of understanding shall include all of the	5364
following:	5365

(a) The roles and responsibilities for handling emergency and	5366
nonemergency cases of abuse and neglect;	5367

(b) Standards and procedures to be used in handling and	5368
coordinating investigations of reported cases of child abuse and	5369
reported cases of child neglect, methods to be used in	5370
interviewing the child who is the subject of the report and who	5371
allegedly was abused or neglected, and standards and procedures	5372
addressing the categories of persons who may interview the child	5373
who is the subject of the report and who allegedly was abused or	5374
neglected.	5375

(4) If a public children services agency participated in the	5376
execution of a memorandum of understanding under section 2151.426	5377
of the Revised Code establishing a children's advocacy center, the	5378
agency shall incorporate the contents of that memorandum in the	5379
memorandum prepared pursuant to this section.	5380

(5) The clerk of the court of common pleas in the county may	5381
sign the memorandum of understanding prepared under division	5382
(J)(1) of this section. If the clerk signs the memorandum of	5383
understanding, the clerk shall execute all relevant	5384
responsibilities as required of officials specified in the	5385
memorandum.	5386

(K)(1) Except as provided in division (K)(4) of this section,	5387
a person who is required to make a report pursuant to division (A)	5388
of this section may make a reasonable number of requests of the	5389
public children services agency that receives or is referred the	5390
report, or of the children's advocacy center that is referred the	5391
report if the report is referred to a children's advocacy center	5392
pursuant to an interagency agreement entered into under section	5393
2151.428 of the Revised Code, to be provided with the following	5394
information:	5395

(a) Whether the agency or center has initiated an	5396
investigation of the report;	5397

(b) Whether the agency or center is continuing to investigate	5398
the report;	5399

(c) Whether the agency or center is otherwise involved with	5400
the child who is the subject of the report;	5401

(d) The general status of the health and safety of the child	5402
who is the subject of the report;	5403

(e) Whether the report has resulted in the filing of a	5404
complaint in juvenile court or of criminal charges in another	5405
court.	5406

(2) A person may request the information specified in	5407
division (K)(1) of this section only if, at the time the report is	5408
made, the person's name, address, and telephone number are	5409
provided to the person who receives the report.	5410

When a municipal or county peace officer or employee of a	5411
public children services agency receives a report pursuant to	5412
division (A) or (B) of this section the recipient of the report	5413
shall inform the person of the right to request the information	5414
described in division (K)(1) of this section. The recipient of the	5415
report shall include in the initial child abuse or child neglect	5416
report that the person making the report was so informed and, if	5417
provided at the time of the making of the report, shall include	5418
the person's name, address, and telephone number in the report.	5419

Each request is subject to verification of the identity of	5420
the person making the report. If that person's identity is	5421
verified, the agency shall provide the person with the information	5422
described in division (K)(1) of this section a reasonable number	5423
of times, except that the agency shall not disclose any	5424
confidential information regarding the child who is the subject of	5425
the report other than the information described in those	5426
divisions.	5427

(3) A request made pursuant to division (K)(1) of this	5428
section is not a substitute for any report required to be made	5429
pursuant to division (A) of this section.	5430

(4) If an agency other than the agency that received or was	5431
referred the report is conducting the investigation of the report	5432
pursuant to section 2151.422 of the Revised Code, the agency	5433
conducting the investigation shall comply with the requirements of	5434
division (K) of this section.	5435

(L) The director of job and family services shall adopt rules	5436
in accordance with Chapter 119. of the Revised Code to implement	5437
this section. The department of job and family services may enter	5438
into a plan of cooperation with any other governmental entity to	5439
aid in ensuring that children are protected from abuse and	5440
neglect. The department shall make recommendations to the attorney	5441
general that the department determines are necessary to protect	5442
children from child abuse and child neglect.	5443

(M) Whoever violates division (A) of this section is liable	5444
for compensatory and exemplary damages to the child who would have	5445
been the subject of the report that was not made. A person who	5446
brings a civil action or proceeding pursuant to this division	5447
against a person who is alleged to have violated division (A)(1)	5448
of this section may use in the action or proceeding reports of	5449
other incidents of known or suspected abuse or neglect, provided	5450
that any information in a report that would identify the child who	5451
is the subject of the report or the maker of the report, if the	5452
maker is not the defendant or an agent or employee of the	5453
defendant, has been redacted.	5454

(N)(1) As used in this division:

5455

(a) "Out-of-home care" includes a nonchartered nonpublic	5456
school if the alleged child abuse or child neglect, or alleged	5457
threat of child abuse or child neglect, described in a report	5458
received by a public children services agency allegedly occurred	5459
in or involved the nonchartered nonpublic school and the alleged	5460
perpetrator named in the report holds a certificate, permit, or	5461
license issued by the state board of education under section	5462
3301.071 or Chapter 3319. of the Revised Code.	5463

(b) "Administrator, director, or other chief administrative	5464
officer" means the superintendent of the school district if the	5465
out-of-home care entity subject to a report made pursuant to this	5466
section is a school operated by the district.	5467

(2) No later than the end of the day following the day on	5468
which a public children services agency receives a report of	5469
alleged child abuse or child neglect, or a report of an alleged	5470
threat of child abuse or child neglect, that allegedly occurred in	5471
or involved an out-of-home care entity, the agency shall provide	5472
written notice of the allegations contained in and the person	5473
named as the alleged perpetrator in the report to the	5474
administrator, director, or other chief administrative officer of	5475
the out-of-home care entity that is the subject of the report	5476
unless the administrator, director, or other chief administrative	5477
officer is named as an alleged perpetrator in the report. If the	5478
administrator, director, or other chief administrative officer of	5479
an out-of-home care entity is named as an alleged perpetrator in a	5480
report of alleged child abuse or child neglect, or a report of an	5481
alleged threat of child abuse or child neglect, that allegedly	5482
occurred in or involved the out-of-home care entity, the agency	5483
shall provide the written notice to the owner or governing board	5484
of the out-of-home care entity that is the subject of the report.	5485
The agency shall not provide witness statements or police or other	5486
investigative reports.	5487

(3) No later than three days after the day on which a public	5488
children services agency that conducted the investigation as	5489
determined pursuant to section 2151.422 of the Revised Code makes	5490
a disposition of an investigation involving a report of alleged	5491
child abuse or child neglect, or a report of an alleged threat of	5492
child abuse or child neglect, that allegedly occurred in or	5493
involved an out-of-home care entity, the agency shall send written	5494
notice of the disposition of the investigation to the	5495
administrator, director, or other chief administrative officer and	5496
the owner or governing board of the out-of-home care entity. The	5497
agency shall not provide witness statements or police or other	5498
investigative reports.	5499

(O) As used in this section, "investigation" means the public	5500
children services agency's response to an accepted report of child	5501
abuse or neglect through either an alternative response or a	5502
traditional response.	5503

Sec. 2152.19. (A) If a child is adjudicated a delinquent	5504
child, the court may make any of the following orders of	5505
disposition, in addition to any other disposition authorized or	5506
required by this chapter:	5507

(1) Any order that is authorized by section 2151.353 of the	5508
Revised Code for the care and protection of an abused, neglected,	5509
or dependent child;	5510

(2) Commit the child to the temporary custody of any school,	5511
camp, institution, or other facility operated for the care of	5512
delinquent children by the county, by a district organized under	5513
section 2152.41 or 2151.65 of the Revised Code, or by a private	5514
agency or organization, within or without the state, that is	5515
authorized and qualified to provide the care, treatment, or	5516
placement required, including, but not limited to, a school, camp,	5517
or facility operated under section 2151.65 of the Revised Code;	5518

(3) Place the child in a detention facility or district	5519
detention facility operated under section 2152.41 of the Revised	5520
Code, for up to ninety days;	5521

(4) Place the child on community control under any sanctions,	5522
services, and conditions that the court prescribes. As a condition	5523
of community control in every case and in addition to any other	5524
condition that it imposes upon the child, the court shall require	5525
the child to abide by the law during the period of community	5526
control. As referred to in this division, community control	5527
includes, but is not limited to, the following sanctions and	5528
conditions:	5529

(a) A period of basic probation supervision in which the	5530
child is required to maintain contact with a person appointed to	5531
supervise the child in accordance with sanctions imposed by the	5532
court;	5533

(b) A period of intensive probation supervision in which the	5534
child is required to maintain frequent contact with a person	5535
appointed by the court to supervise the child while the child is	5536
seeking or maintaining employment and participating in training,	5537
education, and treatment programs as the order of disposition;	5538

(c) A period of day reporting in which the child is required	5539
each day to report to and leave a center or another approved	5540
reporting location at specified times in order to participate in	5541
work, education or training, treatment, and other approved	5542
programs at the center or outside the center;	5543

(d) A period of community service of up to five hundred hours	5544
for an act that would be a felony or a misdemeanor of the first	5545
degree if committed by an adult, up to two hundred hours for an	5546
act that would be a misdemeanor of the second, third, or fourth	5547
degree if committed by an adult, or up to thirty hours for an act	5548
that would be a minor misdemeanor if committed by an adult;	5549

(e) A requirement that the child obtain a high school	5550
diploma, a certificate of high school equivalence, vocational	5551
training, or employment;	5552

(f) A period of drug and alcohol use monitoring;

5553

(g) A requirement of alcohol or drug assessment or	5554
counseling, or a period in an alcohol or drug treatment program	5555
with a level of security for the child as determined necessary by	5556
the court;	5557

(h) A period in which the court orders the child to observe a	5558
curfew that may involve daytime or evening hours;	5559

(i) A requirement that the child serve monitored time;

5560

(j) A period of house arrest without electronic monitoring or	5561
continuous alcohol monitoring;	5562

(k) A period of electronic monitoring or continuous alcohol	5563
monitoring without house arrest, or house arrest with electronic	5564
monitoring or continuous alcohol monitoring or both electronic	5565
monitoring and continuous alcohol monitoring, that does not exceed	5566
the maximum sentence of imprisonment that could be imposed upon an	5567
adult who commits the same act.	5568

A period of house arrest with electronic monitoring or	5569
continuous alcohol monitoring or both electronic monitoring and	5570
continuous alcohol monitoring, imposed under this division shall	5571
not extend beyond the child's twenty-first birthday. If a court	5572
imposes a period of house arrest with electronic monitoring or	5573
continuous alcohol monitoring or both electronic monitoring and	5574
continuous alcohol monitoring, upon a child under this division,	5575
it shall require the child: to remain in the child's home or other	5576
specified premises for the entire period of house arrest with	5577
electronic monitoring or continuous alcohol monitoring or both	5578
except when the court permits the child to leave those premises to	5579
go to school or to other specified premises. Regarding electronic	5580
monitoring, the court also shall require the child to be monitored	5581
by a central system that can determine the child's location at	5582
designated times; to report periodically to a person designated by	5583
the court; and to enter into a written contract with the court	5584
agreeing to comply with all requirements imposed by the court,	5585
agreeing to pay any fee imposed by the court for the costs of the	5586
house arrest with electronic monitoring, and agreeing to waive the	5587
right to receive credit for any time served on house arrest with	5588
electronic monitoring toward the period of any other dispositional	5589
order imposed upon the child if the child violates any of the	5590
requirements of the dispositional order of house arrest with	5591
electronic monitoring. The court also may impose other reasonable	5592
requirements upon the child.	5593

Unless ordered by the court, a child shall not receive credit	5594
for any time served on house arrest with electronic monitoring or	5595
continuous alcohol monitoring or both toward any other	5596
dispositional order imposed upon the child for the act for which	5597
was imposed the dispositional order of house arrest with	5598
electronic monitoring or continuous alcohol monitoring. As used in	5599
this division and division (A)(4)(l) of this section, "continuous	5600
alcohol monitoring" has the same meaning as in section 2929.01 of	5601
the Revised Code.	5602

(l) A suspension of the driver's license, probationary	5603
driver's license, or temporary instruction permit issued to the	5604
child for a period of time prescribed by the court, or a	5605
suspension of the registration of all motor vehicles registered in	5606
the name of the child for a period of time prescribed by the	5607
court. A child whose license or permit is so suspended is	5608
ineligible for issuance of a license or permit during the period	5609
of suspension. At the end of the period of suspension, the child	5610
shall not be reissued a license or permit until the child has paid	5611
any applicable reinstatement fee and complied with all	5612
requirements governing license reinstatement.	5613

(5) Commit the child to the custody of the court;

5614

(6) Require the child to not be absent without legitimate	5615
excuse from the public school the child is supposed to attend for	5616
five or more consecutive days, seven or more school days in one	5617
school month, or twelve or more school days in a school year;	5618

(7)(a) If a child is adjudicated a delinquent child for being	5619
a chronic truant or a habitual truant who previously has been	5620
adjudicated an unruly child for being a habitual truant, do either	5621
or both of the following:	5622

(i) Require the child to participate in a truancy prevention	5623
mediation program;	5624

(ii) Make any order of disposition as authorized by this	5625
section, except that the court shall not commit the child to a	5626
facility described in division (A)(2) or (3) of this section	5627
unless the court determines that the child violated a lawful court	5628
order made pursuant to division (C)(1)(e) of section 2151.354 of	5629
the Revised Code or division (A)(6) of this section.	5630

(b) If a child is adjudicated a delinquent child for being a	5631
chronic truant or a habitual truant who previously has been	5632
adjudicated an unruly child for being a habitual truant and the	5633
court determines that the parent, guardian, or other person having	5634
care of the child has failed to cause the child's attendance at	5635
school in violation of section 3321.38 of the Revised Code, do	5636
either or both of the following:	5637

(i) Require the parent, guardian, or other person having care	5638
of the child to participate in a truancy prevention mediation	5639
program;	5640

(ii) Require the parent, guardian, or other person having	5641
care of the child to participate in any community service program,	5642
preferably a community service program that requires the	5643
involvement of the parent, guardian, or other person having care	5644
of the child in the school attended by the child.	5645

(8) Make any further disposition that the court finds proper,	5646
except that the child shall not be placed in ~~any of the following:~~	5647

~~(a) A~~a state correctional institution, a county,	5648
multicounty, or municipal jail or workhouse, or another place in	5649
which an adult convicted of a crime, under arrest, or charged with	5650
a crime is held;	5651

~~(b) A community corrections facility, if the child would be~~	5652
~~covered by the definition of public safety beds for purposes of~~	5653
~~sections 5139.41 to 5139.43 of the Revised Code if the court~~	5654
~~exercised its authority to commit the child to the legal custody~~	5655
~~of the department of youth services for institutionalization or~~	5656
~~institutionalization in a secure facility pursuant to this~~	5657
~~chapter~~.	5658

(B) If a child is adjudicated a delinquent child, in addition	5659
to any order of disposition made under division (A) of this	5660
section, the court, in the following situations and for the	5661
specified periods of time, shall suspend the child's temporary	5662
instruction permit, restricted license, probationary driver's	5663
license, or nonresident operating privilege, or suspend the	5664
child's ability to obtain such a permit:	5665

(1) If the child is adjudicated a delinquent child for	5666
violating section 2923.122 of the Revised Code, impose a class	5667
four suspension of the child's license, permit, or privilege from	5668
the range specified in division (A)(4) of section 4510.02 of the	5669
Revised Code or deny the child the issuance of a license or permit	5670
in accordance with division (F)(1) of section 2923.122 of the	5671
Revised Code.	5672

(2) If the child is adjudicated a delinquent child for	5673
committing an act that if committed by an adult would be a drug	5674
abuse offense or for violating division (B) of section 2917.11 of	5675
the Revised Code, suspend the child's license, permit, or	5676
privilege for a period of time prescribed by the court. The court,	5677
in its discretion, may terminate the suspension if the child	5678
attends and satisfactorily completes a drug abuse or alcohol abuse	5679
education, intervention, or treatment program specified by the	5680
court. During the time the child is attending a program described	5681
in this division, the court shall retain the child's temporary	5682
instruction permit, probationary driver's license, or driver's	5683
license, and the court shall return the permit or license if it	5684
terminates the suspension as described in this division.	5685

(C) The court may establish a victim-offender mediation	5686
program in which victims and their offenders meet to discuss the	5687
offense and suggest possible restitution. If the court obtains the	5688
assent of the victim of the delinquent act committed by the child,	5689
the court may require the child to participate in the program.	5690

(D)(1) If a child is adjudicated a delinquent child for	5691
committing an act that would be a felony if committed by an adult	5692
and if the child caused, attempted to cause, threatened to cause,	5693
or created a risk of physical harm to the victim of the act, the	5694
court, prior to issuing an order of disposition under this	5695
section, shall order the preparation of a victim impact statement	5696
by the probation department of the county in which the victim of	5697
the act resides, by the court's own probation department, or by a	5698
victim assistance program that is operated by the state, a county,	5699
a municipal corporation, or another governmental entity. The court	5700
shall consider the victim impact statement in determining the	5701
order of disposition to issue for the child.	5702

(2) Each victim impact statement shall identify the victim of	5703
the act for which the child was adjudicated a delinquent child,	5704
itemize any economic loss suffered by the victim as a result of	5705
the act, identify any physical injury suffered by the victim as a	5706
result of the act and the seriousness and permanence of the	5707
injury, identify any change in the victim's personal welfare or	5708
familial relationships as a result of the act and any	5709
psychological impact experienced by the victim or the victim's	5710
family as a result of the act, and contain any other information	5711
related to the impact of the act upon the victim that the court	5712
requires.	5713

(3) A victim impact statement shall be kept confidential and	5714
is not a public record. However, the court may furnish copies of	5715
the statement to the department of youth services if the	5716
delinquent child is committed to the department or to both the	5717
adjudicated delinquent child or the adjudicated delinquent child's	5718
counsel and the prosecuting attorney. The copy of a victim impact	5719
statement furnished by the court to the department pursuant to	5720
this section shall be kept confidential and is not a public	5721
record. If an officer is preparing pursuant to section 2947.06 or	5722
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	5723
investigation report pertaining to a person, the court shall make	5724
available to the officer, for use in preparing the report, a copy	5725
of any victim impact statement regarding that person. The copies	5726
of a victim impact statement that are made available to the	5727
adjudicated delinquent child or the adjudicated delinquent child's	5728
counsel and the prosecuting attorney pursuant to this division	5729
shall be returned to the court by the person to whom they were	5730
made available immediately following the imposition of an order of	5731
disposition for the child under this chapter.	5732

The copy of a victim impact statement that is made available	5733
pursuant to this division to an officer preparing a criminal	5734
presentence investigation report shall be returned to the court by	5735
the officer immediately following its use in preparing the report.	5736

(4) The department of youth services shall work with local	5737
probation departments and victim assistance programs to develop a	5738
standard victim impact statement.	5739

(E) If a child is adjudicated a delinquent child for being a	5740
chronic truant or a habitual truant who previously has been	5741
adjudicated an unruly child for being a habitual truant and the	5742
court determines that the parent, guardian, or other person having	5743
care of the child has failed to cause the child's attendance at	5744
school in violation of section 3321.38 of the Revised Code, in	5745
addition to any order of disposition it makes under this section,	5746
the court shall warn the parent, guardian, or other person having	5747
care of the child that any subsequent adjudication of the child as	5748
an unruly or delinquent child for being a habitual or chronic	5749
truant may result in a criminal charge against the parent,	5750
guardian, or other person having care of the child for a violation	5751
of division (C) of section 2919.21 or section 2919.24 of the	5752
Revised Code.	5753

(F)(1) During the period of a delinquent child's community	5754
control granted under this section, authorized probation officers	5755
who are engaged within the scope of their supervisory duties or	5756
responsibilities may search, with or without a warrant, the person	5757
of the delinquent child, the place of residence of the delinquent	5758
child, and a motor vehicle, another item of tangible or intangible	5759
personal property, or other real property in which the delinquent	5760
child has a right, title, or interest or for which the delinquent	5761
child has the express or implied permission of a person with a	5762
right, title, or interest to use, occupy, or possess if the	5763
probation officers have reasonable grounds to believe that the	5764
delinquent child is not abiding by the law or otherwise is not	5765
complying with the conditions of the delinquent child's community	5766
control. The court that places a delinquent child on community	5767
control under this section shall provide the delinquent child with	5768
a written notice that informs the delinquent child that authorized	5769
probation officers who are engaged within the scope of their	5770
supervisory duties or responsibilities may conduct those types of	5771
searches during the period of community control if they have	5772
reasonable grounds to believe that the delinquent child is not	5773
abiding by the law or otherwise is not complying with the	5774
conditions of the delinquent child's community control. The court	5775
also shall provide the written notice described in division (E)(2)	5776
of this section to each parent, guardian, or custodian of the	5777
delinquent child who is described in that division.	5778

(2) The court that places a child on community control under	5779
this section shall provide the child's parent, guardian, or other	5780
custodian with a written notice that informs them that authorized	5781
probation officers may conduct searches pursuant to division	5782
(E)(1) of this section. The notice shall specifically state that a	5783
permissible search might extend to a motor vehicle, another item	5784
of tangible or intangible personal property, or a place of	5785
residence or other real property in which a notified parent,	5786
guardian, or custodian has a right, title, or interest and that	5787
the parent, guardian, or custodian expressly or impliedly permits	5788
the child to use, occupy, or possess.	5789

(G) If a juvenile court commits a delinquent child to the	5790
custody of any person, organization, or entity pursuant to this	5791
section and if the delinquent act for which the child is so	5792
committed is a sexually oriented offense or is a child-victim	5793
oriented offense, the court in the order of disposition shall do	5794
one of the following:	5795

(1) Require that the child be provided treatment as described	5796
in division (A)(2) of section 5139.13 of the Revised Code;	5797

(2) Inform the person, organization, or entity that it is the	5798
preferred course of action in this state that the child be	5799
provided treatment as described in division (A)(2) of section	5800
5139.13 of the Revised Code and encourage the person,	5801
organization, or entity to provide that treatment.	5802

Sec. 2701.09. In any county in which a daily law journal is	5803
printed, the judges of the courts of record, other than the court	5804
of appeals, shall jointly designate such daily law journal as the	5805
journal in which shall be published all calendars of the courts of	5806
record in such county, which calendars shall contain the numbers	5807
and titles of causes, and names of attorneys appearing therein,	5808
together with the motion dockets and such particulars and notices	5809
respecting causes, as may be specified by the judges, and each	5810
notice required to be published by any of such judges.	5811

In all cases, proceedings, administrations of estates,	5812
assignments, and matters pending in any of the courts of record of	5813
such counties in which legal notices or advertisements are	5814
required to be published, such law journal shall, once a week and	5815
on the same day of the week, publish an abstract of each such	5816
legal notice or advertisement, but the jurisdiction over, or	5817
irregularity of, a proceeding, trial, or judgment shall not be	5818
affected by anything therein. The publisher of the daily law	5819
journal also shall post the legal notice or advertisement in its	5820
entirety on the daily law journal's web site, if the daily law	5821
journal has one, and on the official public notice web site	5822
established under section 125.182 of the Revised Code at no	5823
additional cost.	5824

For the publication of such calendars, motion dockets, and	5825
notices, the fees for which are not fixed by law, the publisher of	5826
the ~~paper~~journal shall receive a sum to be fixed by the judges	5827
for each case brought, to be paid in advance by the party filing	5828
the petition, transcripts for appeal, or lien, to be taxed in the	5829
costs and collected as other costs. For the publication of	5830
abstracts of legal ~~advertising~~notices or advertisements, such	5831
publisher shall receive a sum to be fixed by the judges for each	5832
case, proceeding, or matter, in which such advertising is had, to	5833
be taxed and collected as a part of the costs thereof.	5834

Sec. 2945.402. (A) In approving a conditional release, the	5835
trial court may set any conditions on the release with respect to	5836
the treatment, evaluation, counseling, or control of the defendant	5837
or person that the court considers necessary to protect the public	5838
safety and the welfare of the defendant or person. The trial court	5839
may revoke a defendant's or person's conditional release and order	5840
reinstatement of the previous placement or reinstitutionalization	5841
at any time the conditions of the release have not been satisfied,	5842
provided that the revocation shall be in accordance with this	5843
section.	5844

(B) A conditional release is a commitment. The hearings on	5845
continued commitment as described in section 2945.401 of the	5846
Revised Code apply to a defendant or person on conditional	5847
release.	5848

(C) A person, agency, or facility that is assigned to monitor	5849
a defendant or person on conditional release immediately shall	5850
notify the trial court on learning that the defendant or person	5851
being monitored has violated the terms of the conditional release.	5852
Upon learning of any violation of the terms of the conditional	5853
release, the trial court may issue a temporary order of detention	5854
or, if necessary, an arrest warrant for the defendant or person.	5855
Within ten court days after the defendant's or person's detention	5856
or arrest, the trial court shall conduct a hearing to determine	5857
whether the conditional release should be modified or terminated.	5858
At the hearing, the defendant or person shall have the same rights	5859
as are described in division (C) of section 2945.40 of the Revised	5860
Code. The trial court may order a continuance of the ten-court-day	5861
period for no longer than ten days for good cause shown or for any	5862
period on motion of the defendant or person. If the trial court	5863
fails to conduct the hearing within the ten-court-day period and	5864
does not order a continuance in accordance with this division, the	5865
defendant or person shall be restored to the prior conditional	5866
release status.	5867

(D) The trial court shall give all parties reasonable notice	5868
of a hearing conducted under this section. At the hearing, the	5869
prosecutor shall present the case demonstrating that the defendant	5870
or person violated the terms of the conditional release. If the	5871
court finds by a preponderance of the evidence that the defendant	5872
or person violated the terms of the conditional release, the court	5873
may continue, modify, or terminate the conditional release and	5874
shall enter its order accordingly.	5875

(E)(1) If a court approves a conditional release, the court	5876
shall report the approval and information pertaining to the	5877
release to the local law enforcement agency. The local law	5878
enforcement agency shall enter the approval and information into	5879
the national crime information center supervised release file	5880
through the law enforcement automated data system. The information	5881
required by divisions (E)(1)(c) and (d) of this section shall be	5882
entered into the file's miscellaneous field. The information	5883
reported and entered shall include all of the following:	5884

(a) The name of the court providing the information;

5885

(b) The offense or offenses with which the defendant or	5886
person was charged;	5887

(c) Whether the person was found not guilty by reason of	5888
insanity or incompetent to stand trial with no substantial	5889
probability of becoming competent even with a course of treatment;	5890

(d) The reason for the conditional release;

5891

(e) Any other information required for the entry of	5892
information into the national crime information center supervised	5893
release file.	5894

(2) Information entered into the national crime information	5895
center supervised release file pursuant to this section shall	5896
remain in the file until the termination of the conditional	5897
release or commitment.	5898

(3) If a defendant or person about whom information is	5899
entered into the national crime information center supervised	5900
release file pursuant to division (E)(1) of this section has	5901
contact with a law enforcement agency after the information is	5902
entered, the agency shall report the contact to the department of	5903
mental health and addiction services and, if the terms of the	5904
release require the defendant or person to receive mental health	5905
treatment, to the person, office, or agency providing the	5906
treatment.	5907

(4) As used in division (E) of this section, "local law	5908
enforcement agency" means the police department of a municipal	5909
corporation in which the offense with which a releasee was charged	5910
allegedly occurred or, if the offense did not allegedly occur in a	5911
municipal corporation, the sheriff of the county in which the	5912
offense allegedly occurred.	5913

Sec. 3123.89. (A) Subject to section 3770.071 of the Revised	5914
Code, a child support enforcement agency that determines that an	5915
obligor who is the recipient of a lottery prize award is subject	5916
to a final and enforceable determination of default made under	5917
sections 3123.01 to 3123.07 of the Revised Code shall issue an	5918
intercept directive to the director of the state lottery	5919
commission. A copy of this intercept directive shall be sent to	5920
the obligor.	5921

(B) The intercept directive shall require the director or the	5922
director's designee to transmit an amount or amounts from the	5923
proceeds of the specified lottery prize award to the office of	5924
child support in the department of job and family services. The	5925
intercept directive also shall contain all of the following	5926
information:	5927

(1) The name, address, and social security number or taxpayer	5928
identification number of the obligor;	5929

(2) A statement that the obligor has been determined to be in	5930
default under a support order;	5931

(3) The amount of the arrearage owed by the obligor as	5932
determined by the agency.	5933

(C) After receipt of an intercept directive and in accordance	5934
with section 3770.071 of the Revised Code, the director or the	5935
director's designee shall deduct the amount or amounts specified	5936
from the proceeds of the lottery prize award referred to in the	5937
directive and transmit the amounts to the office of child support.	5938

(D) The department of job and family services shall develop	5939
and implement a data match program with the state lottery	5940
commission or its lottery sales agents to identify obligors who	5941
are subject to a final and enforceable determination of default	5942
made under sections 3123.01 to 3123.07 of the Revised Code in	5943
accordance with section 3770.071 of the Revised Code.	5944

Sec. 3123.90. (A) As used in this section, "casino	5945
facility," "casino operator," and "management company" have the	5946
meanings defined in section 3772.01 of the Revised Code.	5947

(B) The department of job and family services shall develop	5948
and implement a data match program with each casino facility's	5949
casino operator or management company to identify obligors who are	5950
subject to a final and enforceable determination of default made	5951
under sections 3123.01 to 3123.07 of the Revised Code.	5952

(C) Upon the data match program's implementation, if a	5953
person's winnings at a casino facility are an amount for which	5954
reporting to the internal revenue service of the amount is	5955
required by section 6041 of the Internal Revenue Code, as amended,	5956
the casino operator or management company shall determine if the	5957
person entitled to the winnings is in default under a support	5958
order. If the casino operator or management company determines	5959
that the person is in default, the casino operator or management	5960
company shall withhold from the person's winnings an amount	5961
sufficient to satisfy any past due support owed by the obligor	5962
identified in the data match up to the amount of the winnings.	5963

(D) Not later than seven days after withholding the amount,	5964
the casino operator or management company shall transmit any	5965
amount withheld to the department as payment on the support	5966
obligation.	5967

(E) The Department may adopt rules under Chapter 119. of the	5968
Revised Code as are necessary for implementation of this section.	5969

Sec. 3313.90. As used in this section, "formula ADM" has the	5970
same meaning as in section 3317.02 of the Revised Code.	5971
Notwithstanding division (D) of section 3311.19 and division (D)	5972
of section 3311.52 of the Revised Code, the provisions of this	5973
section that apply to a city school district do not apply to any	5974
joint vocational or cooperative education school district.	5975

(A) Each city, local, and exempted village school district	5976
shall, by one of the following means, provide ~~vocational~~	5977
career-technical education adequate to prepare a pupil enrolled	5978
therein for an occupation:	5979

(1) Establishing and maintaining a ~~vocational~~	5980
career-technical education program that meets standards adopted by	5981
the state board of education;	5982

(2) Being a member of a joint vocational school district that	5983
meets standards adopted by the state board;	5984

(3) Contracting for ~~vocational~~career-technical education	5985
with a joint vocational school district or another school district	5986
that meets the standards adopted by the state board.	5987

The standards of the state board of education shall include	5988
criteria for the participation by nonpublic students in ~~vocational~~	5989
career-technical education programs without financial assessment,	5990
charge, or tuition to such student except such assessments,	5991
charges, or tuition paid by resident public school students in	5992
such programs. Such nonpublic school students shall be included in	5993
the formula ADM of the school district maintaining the ~~vocational~~	5994
career-technical education program as part-time students in	5995
proportion to the time spent in the ~~vocational~~career-technical	5996
education program.	5997

By the thirtieth day of October of each year, the	5998
superintendent of public instruction shall determine and certify	5999
to the superintendent of each school district subject to this	6000
section either that the district is in compliance with the	6001
requirements of this section for the current school year or that	6002
the district is not in compliance. If the superintendent certifies	6003
that the district is not in compliance, he shall notify the board	6004
of education of the district of the actions necessary to bring the	6005
district into compliance with this section.	6006

In meeting standards established by the state board of	6007
education, school districts, where practicable, shall provide	6008
~~vocational~~career-technical education programs in high schools. A	6009
minimum enrollment of fifteen hundred pupils in grades nine	6010
through twelve is established as a base for comprehensive	6011
~~vocational~~career-technical education course offerings. A school	6012
district may meet this requirement alone, through a cooperative	6013
arrangement pursuant to section 3313.92 of the Revised Code,	6014
through school district consolidation, by membership in a joint	6015
vocational school district, by contract with a school district, by	6016
contract with a school licensed by any state agency established by	6017
the Revised Code which school operates its courses offered for	6018
contracting with public schools under standards as to staffing and	6019
facilities comparable to those prescribed by the state board of	6020
education for public schools provided no instructor in such	6021
courses shall be required to be certificated by the state	6022
department of education, or in a combination of such ways.	6023
Exceptions to the minimum requirement of fifteen hundred pupils	6024
may be made by the state board of education based on sparsity of	6025
population or other factors indicating that comprehensive	6026
educational and ~~vocational~~career-technical education programs as	6027
required by this section can be provided through an alternate	6028
plan.	6029

(B) Approval of state funds for the construction and	6030
operation of vocational facilities in any city, local, or exempted	6031
village school district shall be contingent upon a comprehensive	6032
vocational program plan approved by the state board of education	6033
no later than July 1, 1970. The state board of education shall not	6034
approve a school district plan unless the plan proposed reasonably	6035
meets the vocational needs of other school districts in the	6036
general area of the school districts in the general area of the	6037
school district submitting the plan. The plan shall be submitted	6038
to the state board of education no later than April 1, 1970. Such	6039
plan shall contain:	6040

(1) The organization for vocational education pursuant to the	6041
requirements of this section;	6042

(2) Vocational programs to be offered in the respective	6043
comprehensive high schools, in specialized schools or skill	6044
centers, and in joint vocational schools;	6045

(3) Remodeled, additional, and new vocational facilities	6046
required at the respective locations.	6047

In approving the organization for vocational education the	6048
state board of education shall provide that no city, local, or	6049
exempted village school district is excluded in the statewide	6050
plan.	6051

(C)(1) The lead district of a career-technical planning	6052
district offering a pre-apprenticeship program may enter into an	6053
agreement with a private entity to provide students with the	6054
opportunity to begin an apprenticeship program prior to graduating	6055
from high school.	6056

(2) Students enrolled in an apprenticeship program pursuant	6057
to a lead district's agreement with a private entity under	6058
division (C)(1) of this section shall be included in the	6059
enrollment of the student's resident district as reported under	6060
section 3317.03 of the Revised Code and, where appropriate, in the	6061
student count reported under section 3317.03 of the Revised Code	6062
for the appropriate career-technical education categories for the	6063
portion of the day they attend the apprenticeship program.	6064

Sec. 3313.91. Notwithstanding division (D) of section	6065
3311.19 and division (D) of section 3311.52 of the Revised Code,	6066
the provisions of this section and section 3313.911 of the Revised	6067
Code that apply to a city school district do not apply to any	6068
joint vocational or cooperative education school district unless	6069
otherwise specified.	6070

The board of education of any city, local, exempted village,	6071
or joint vocational school district may contract with any public	6072
agency, board, or bureau, or with any private individual or firm	6073
for the purchase of any ~~vocational~~career-technical education or	6074
vocational rehabilitation service for any resident of the district	6075
under the age of twenty-one years and may pay for such services	6076
with public funds. ~~Any~~Except as provided in division (C) of	6077
section 3313.90 of the Revised Code, any such ~~vocational~~	6078
career-technical education or vocational rehabilitation service	6079
shall meet the same requirements, including those for teachers,	6080
facilities, and equipment, as those required of the public schools	6081
and be approved by the state department of education.	6082

The state board of education may assign city, local, or	6083
exempted village school districts to joint vocational districts	6084
and pursuant to state board rules, shall require such districts to	6085
enter into contractual agreements pursuant to section 3313.90 of	6086
the Revised Code so that special education students as well as	6087
others may receive suitable vocational services. Such rules shall	6088
prescribe a formula under which the district that contracts to	6089
receive the services agrees to pay an annual fee to the district	6090
providing the ~~vocational~~career-technical education program. The	6091
amount of the fee shall be computed in accordance with a formula	6092
prescribed by state board rule, but the rule shall permit the	6093
superintendent of public instruction to prescribe a lower fee than	6094
the amount required to be paid by the formula in cases where he	6095
the superintendent determines either that the approved ~~vocational~~	6096
career-technical course offerings of the district that is to pay	6097
the fee are of sufficient breadth to warrant a lower annual fee,	6098
or that the situation warrants a lower annual fee.	6099

Sec. 3314.08. (A) As used in this section:

6100

(1)(a) "Category one career-technical education student"	6101
means a student who is receiving the career-technical education	6102
services described in division (A) of section 3317.014 of the	6103
Revised Code.	6104

(b) "Category two career-technical student" means a student	6105
who is receiving the career-technical education services described	6106
in division (B) of section 3317.014 of the Revised Code.	6107

(c) "Category three career-technical student" means a student	6108
who is receiving the career-technical education services described	6109
in division (C) of section 3317.014 of the Revised Code.	6110

(d) "Category four career-technical student" means a student	6111
who is receiving the career-technical education services described	6112
in division (D) of section 3317.014 of the Revised Code.	6113

(e) "Category five career-technical education student" means	6114
a student who is receiving the career-technical education services	6115
described in division (E) of section 3317.014 of the Revised Code.	6116

(2)(a) "Category one limited English proficient student"	6117
means a limited English proficient student described in division	6118
(A) of section 3317.016 of the Revised Code.	6119

(b) "Category two limited English proficient student" means a	6120
limited English proficient student described in division (B) of	6121
section 3317.016 of the Revised Code.	6122

(c) "Category three limited English proficient student" means	6123
a limited English proficient student described in division (C) of	6124
section 3317.016 of the Revised Code.	6125

(3)(a) "Category one special education student" means a	6126
student who is receiving special education services for a	6127
disability specified in division (A) of section 3317.013 of the	6128
Revised Code.	6129

(b) "Category two special education student" means a student	6130
who is receiving special education services for a disability	6131
specified in division (B) of section 3317.013 of the Revised Code.	6132

(c) "Category three special education student" means a	6133
student who is receiving special education services for a	6134
disability specified in division (C) of section 3317.013 of the	6135
Revised Code.	6136

(d) "Category four special education student" means a student	6137
who is receiving special education services for a disability	6138
specified in division (D) of section 3317.013 of the Revised Code.	6139

(e) "Category five special education student" means a student	6140
who is receiving special education services for a disability	6141
specified in division (E) of section 3317.013 of the Revised Code.	6142

(f) "Category six special education student" means a student	6143
who is receiving special education services for a disability	6144
specified in division (F) of section 3317.013 of the Revised Code.	6145

(4) "Formula amount" has the same meaning as in section	6146
3317.02 of the Revised Code.	6147

(5) "IEP" has the same meaning as in section 3323.01 of the	6148
Revised Code.	6149

(6) "Resident district" means the school district in which a	6150
student is entitled to attend school under section 3313.64 or	6151
3313.65 of the Revised Code.	6152

(7) "State education aid" has the same meaning as in section	6153
5751.20 of the Revised Code.	6154

(B) The state board of education shall adopt rules requiring	6155
both of the following:	6156

(1) The board of education of each city, exempted village,	6157
and local school district to annually report the number of	6158
students entitled to attend school in the district who are	6159
enrolled in each grade kindergarten through twelve in a community	6160
school established under this chapter, and for each child, the	6161
community school in which the child is enrolled.	6162

(2) The governing authority of each community school	6163
established under this chapter to annually report all of the	6164
following:	6165

(a) The number of students enrolled in grades one through	6166
twelve and the full-time equivalent number of students enrolled in	6167
kindergarten in the school who are not receiving special education	6168
and related services pursuant to an IEP;	6169

(b) The number of enrolled students in grades one through	6170
twelve and the full-time equivalent number of enrolled students in	6171
kindergarten, who are receiving special education and related	6172
services pursuant to an IEP;	6173

(c) The number of students reported under division (B)(2)(b)	6174
of this section receiving special education and related services	6175
pursuant to an IEP for a disability described in each of divisions	6176
(A) to (F) of section 3317.013 of the Revised Code;	6177

(d) The full-time equivalent number of students reported	6178
under divisions (B)(2)(a) and (b) of this section who are enrolled	6179
in career-technical education programs or classes described in	6180
each of divisions (A) to (E) of section 3317.014 of the Revised	6181
Code that are provided by the community school;	6182

(e) ~~Twenty per cent of the~~The number of students reported	6183
under divisions (B)(2)(a) and (b) of this section who are not	6184
reported under division (B)(2)(d) of this section but who are	6185
enrolled in career-technical education programs or classes	6186
described in each of divisions (A) to (E) of section 3317.014 of	6187
the Revised Code at a joint vocational school district or another	6188
district in the career-technical planning district to which the	6189
school is assigned;	6190

(f) The number of students reported under divisions (B)(2)(a)	6191
and (b) of this section who are category one to three limited	6192
English proficient students described in each of divisions (A) to	6193
(C) of section 3317.016 of the Revised Code;	6194

(g) The number of students reported under divisions (B)(2)(a)	6195
and (b) who are economically disadvantaged, as defined by the	6196
department. A student shall not be categorically excluded from the	6197
number reported under division (B)(2)(g) of this section based on	6198
anything other than family income.	6199

(h) For each student, the city, exempted village, or local	6200
school district in which the student is entitled to attend school	6201
under section 3313.64 or 3313.65 of the Revised Code.	6202

A school district board and a community school governing	6203
authority shall include in their respective reports under division	6204
(B) of this section any child admitted in accordance with division	6205
(A)(2) of section 3321.01 of the Revised Code.	6206

A governing authority of a community school shall not include	6207
in its report under division (B)(2) of this section any student	6208
for whom tuition is charged under division (F) of this section.	6209

(C)(1) Except as provided in division (C)(2) of this section,	6210
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	6211
section, on a full-time equivalency basis, for each student	6212
enrolled in a community school established under this chapter, the	6213
department of education annually shall deduct from the state	6214
education aid of a student's resident district and, if necessary,	6215
from the payment made to the district under sections 321.24 and	6216
323.156 of the Revised Code and pay to the community school the	6217
sum of the following:	6218

(a) An opportunity grant in an amount equal to the formula	6219
amount;	6220

(b) The per pupil amount of targeted assistance funds	6221
calculated under division (A) of section 3317.0217 of the Revised	6222
Code for the student's resident district, as determined by the	6223
department, X 0.25;	6224

(c) Additional state aid for special education and related	6225
services provided under Chapter 3323. of the Revised Code as	6226
follows:	6227

(i) If the student is a category one special education	6228
student, the amount specified in division (A) of section 3317.013	6229
of the Revised Code;	6230

(ii) If the student is a category two special education	6231
student, the amount specified in division (B) of section 3317.013	6232
of the Revised Code;	6233

(iii) If the student is a category three special education	6234
student, the amount specified in division (C) of section 3317.013	6235
of the Revised Code;	6236

(iv) If the student is a category four special education	6237
student, the amount specified in division (D) of section 3317.013	6238
of the Revised Code;	6239

(v) If the student is a category five special education	6240
student, the amount specified in division (E) of section 3317.013	6241
of the Revised Code;	6242

(vi) If the student is a category six special education	6243
student, the amount specified in division (F) of section 3317.013	6244
of the Revised Code.	6245

(d) If the student is in kindergarten through third grade, an	6246
additional amount of $211, in fiscal year 2014, and $290, in	6247
fiscal year 2015;	6248

(e) If the student is economically disadvantaged, an	6249
additional amount equal to the following:	6250

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	6251
(the resident district's economically disadvantaged index)	6252

(f) Limited English proficiency funds as follows:

6253

(i) If the student is a category one limited English	6254
proficient student, the amount specified in division (A) of	6255
section 3317.016 of the Revised Code;	6256

(ii) If the student is a category two limited English	6257
proficient student, the amount specified in division (B) of	6258
section 3317.016 of the Revised Code;	6259

(iii) If the student is a category three limited English	6260
proficient student, the amount specified in division (C) of	6261
section 3317.016 of the Revised Code.	6262

(g) ~~Career-technical~~If the student is reported under	6263
division (B)(2)(d) of this section, career-technical education	6264
funds as follows:	6265

(i) If the student is a category one career-technical	6266
education student, the amount specified in division (A) of section	6267
3317.014 of the Revised Code;	6268

(ii) If the student is a category two career-technical	6269
education student, the amount specified in division (B) of section	6270
3317.014 of the Revised Code;	6271

(iii) If the student is a category three career-technical	6272
education student, the amount specified in division (C) of section	6273
3317.014 of the Revised Code;	6274

(iv) If the student is a category four career-technical	6275
education student, the amount specified in division (D) of section	6276
3317.014 of the Revised Code;	6277

(v) If the student is a category five career-technical	6278
education student, the amount specified in division (E) of section	6279
3317.014 of the Revised Code.	6280

Deduction and payment of funds under division (C)(1)(g) of	6281
this section is subject to approval by the lead district of a	6282
career-technical planning district or the department of education	6283
under section 3317.161 of the Revised Code.	6284

(2) When deducting from the state education aid of a	6285
student's resident district for students enrolled in an internet-	6286
or computer-based community school and making payments to such	6287
school under this section, the department shall make the	6288
deductions and payments described in only divisions (C)(1)(a),	6289
(c), and (g) of this section.	6290

No deductions or payments shall be made for a student	6291
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	6292
of this section.	6293

(3)(a) If a community school's costs for a fiscal year for a	6294
student receiving special education and related services pursuant	6295
to an IEP for a disability described in divisions (B) to (F) of	6296
section 3317.013 of the Revised Code exceed the threshold	6297
catastrophic cost for serving the student as specified in division	6298
(B) of section 3317.0214 of the Revised Code, the school may	6299
submit to the superintendent of public instruction documentation,	6300
as prescribed by the superintendent, of all its costs for that	6301
student. Upon submission of documentation for a student of the	6302
type and in the manner prescribed, the department shall pay to the	6303
community school an amount equal to the school's costs for the	6304
student in excess of the threshold catastrophic costs.	6305

(b) The community school shall report under division	6306
(C)(3)(a) of this section, and the department shall pay for, only	6307
the costs of educational expenses and the related services	6308
provided to the student in accordance with the student's	6309
individualized education program. Any legal fees, court costs, or	6310
other costs associated with any cause of action relating to the	6311
student may not be included in the amount.	6312

(4) In any fiscal year, a community school receiving funds	6313
under division (C)(1)(g) of this section shall spend those funds	6314
only for the purposes that the department designates as approved	6315
for career-technical education expenses. Career-technical	6316
~~educational~~education expenses approved by the department shall	6317
include only expenses connected to the delivery of	6318
career-technical programming to career-technical students. The	6319
department shall require the school to report data annually so	6320
that the department may monitor the school's compliance with the	6321
requirements regarding the manner in which funding received under	6322
division (C)(1)(g) of this section may be spent.	6323

(5) All funds received under division (C)(1)(g) of this	6324
section shall be spent in the following manner:	6325

(a) At least seventy-five per cent of the funds shall be	6326
spent on curriculum development, purchase, and implementation;	6327
instructional resources and supplies; industry-based program	6328
certification; student assessment, credentialing, and placement;	6329
curriculum specific equipment purchases and leases;	6330
career-technical student organization fees and expenses; home and	6331
agency linkages; work-based learning experiences; professional	6332
development; and other costs directly associated with	6333
career-technical education programs including development of new	6334
programs.	6335

(b) Not more than twenty-five per cent of the funds shall be	6336
used for personnel expenditures.	6337

(6) A community school shall spend the funds it receives	6338
under division (C)(1)(e) of this section in accordance with	6339
section 3317.25 of the Revised Code.	6340

(7) If the sum of the payments computed under ~~division~~	6341
divisions (C)(1) and (8)(a) of this section for the students	6342
entitled to attend school in a particular school district under	6343
sections 3313.64 and 3313.65 of the Revised Code exceeds the sum	6344
of that district's state education aid and its payment under	6345
sections 321.24 and 323.156 of the Revised Code, the department	6346
shall calculate and apply a proration factor to the payments to	6347
all community schools under that division for the students	6348
entitled to attend school in that district.	6349

(8)(a) Subject to division (C)(7) of this section, the	6350
department annually shall pay to each community school, including	6351
each internet- or computer-based community school, an amount equal	6352
to the following:	6353

(The number of students reported by the community school	6354
under division (B)(2)(e) of this section X the formula amount X	6355
.20)	6356

(b) For each payment made to a community school under	6357
division (C)(8)(a) of this section, the department shall deduct	6358
from the state education aid of each city, local, and exempted	6359
village school district and, if necessary, from the payment made	6360
to the district under sections 321.24 and 323.156 of the Revised	6361
Code an amount equal to the following:	6362

(The number of the district's students reported by the	6363
community school under division (B)(2)(e) of this section X the	6364
formula amount X .20)	6365

(D) A board of education sponsoring a community school may	6366
utilize local funds to make enhancement grants to the school or	6367
may agree, either as part of the contract or separately, to	6368
provide any specific services to the community school at no cost	6369
to the school.	6370

(E) A community school may not levy taxes or issue bonds	6371
secured by tax revenues.	6372

(F) No community school shall charge tuition for the	6373
enrollment of any student who is a resident of this state. A	6374
community school may charge tuition for the enrollment of any	6375
student who is not a resident of this state.	6376

(G)(1)(a) A community school may borrow money to pay any	6377
necessary and actual expenses of the school in anticipation of the	6378
receipt of any portion of the payments to be received by the	6379
school pursuant to division (C) of this section. The school may	6380
issue notes to evidence such borrowing. The proceeds of the notes	6381
shall be used only for the purposes for which the anticipated	6382
receipts may be lawfully expended by the school.	6383

(b) A school may also borrow money for a term not to exceed	6384
fifteen years for the purpose of acquiring facilities.	6385

(2) Except for any amount guaranteed under section 3318.50 of	6386
the Revised Code, the state is not liable for debt incurred by the	6387
governing authority of a community school.	6388

(H) The department of education shall adjust the amounts	6389
subtracted and paid under division (C) of this section to reflect	6390
any enrollment of students in community schools for less than the	6391
equivalent of a full school year. The state board of education	6392
within ninety days after April 8, 2003, shall adopt in accordance	6393
with Chapter 119. of the Revised Code rules governing the payments	6394
to community schools under this section including initial payments	6395
in a school year and adjustments and reductions made in subsequent	6396
periodic payments to community schools and corresponding	6397
deductions from school district accounts as provided under	6398
division (C) of this section. For purposes of this section:	6399

(1) A student shall be considered enrolled in the community	6400
school for any portion of the school year the student is	6401
participating at a college under Chapter 3365. of the Revised	6402
Code.	6403

(2) A student shall be considered to be enrolled in a	6404
community school for the period of time beginning on the later of	6405
the date on which the school both has received documentation of	6406
the student's enrollment from a parent and the student has	6407
commenced participation in learning opportunities as defined in	6408
the contract with the sponsor, or thirty days prior to the date on	6409
which the student is entered into the education management	6410
information system established under section 3301.0714 of the	6411
Revised Code. For purposes of applying this division and divisions	6412
(H)(3) and (4) of this section to a community school student,	6413
"learning opportunities" shall be defined in the contract, which	6414
shall describe both classroom-based and non-classroom-based	6415
learning opportunities and shall be in compliance with criteria	6416
and documentation requirements for student participation which	6417
shall be established by the department. Any student's instruction	6418
time in non-classroom-based learning opportunities shall be	6419
certified by an employee of the community school. A student's	6420
enrollment shall be considered to cease on the date on which any	6421
of the following occur:	6422

(a) The community school receives documentation from a parent	6423
terminating enrollment of the student.	6424

(b) The community school is provided documentation of a	6425
student's enrollment in another public or private school.	6426

(c) The community school ceases to offer learning	6427
opportunities to the student pursuant to the terms of the contract	6428
with the sponsor or the operation of any provision of this	6429
chapter.	6430

Except as otherwise specified in this paragraph, beginning in	6431
the 2011-2012 school year, any student who completed the prior	6432
school year in an internet- or computer-based community school	6433
shall be considered to be enrolled in the same school in the	6434
subsequent school year until the student's enrollment has ceased	6435
as specified in division (H)(2) of this section. The department	6436
shall continue subtracting and paying amounts for the student	6437
under division (C) of this section without interruption at the	6438
start of the subsequent school year. However, if the student	6439
without a legitimate excuse fails to participate in the first one	6440
hundred five consecutive hours of learning opportunities offered	6441
to the student in that subsequent school year, the student shall	6442
be considered not to have re-enrolled in the school for that	6443
school year and the department shall recalculate the payments to	6444
the school for that school year to account for the fact that the	6445
student is not enrolled.	6446

(3) The department shall determine each community school	6447
student's percentage of full-time equivalency based on the	6448
percentage of learning opportunities offered by the community	6449
school to that student, reported either as number of hours or	6450
number of days, is of the total learning opportunities offered by	6451
the community school to a student who attends for the school's	6452
entire school year. However, no internet- or computer-based	6453
community school shall be credited for any time a student spends	6454
participating in learning opportunities beyond ten hours within	6455
any period of twenty-four consecutive hours. Whether it reports	6456
hours or days of learning opportunities, each community school	6457
shall offer not less than nine hundred twenty hours of learning	6458
opportunities during the school year.	6459

(4) With respect to the calculation of full-time equivalency	6460
under division (H)(3) of this section, the department shall waive	6461
the number of hours or days of learning opportunities not offered	6462
to a student because the community school was closed during the	6463
school year due to disease epidemic, hazardous weather conditions,	6464
law enforcement emergencies, inoperability of school buses or	6465
other equipment necessary to the school's operation, damage to a	6466
school building, or other temporary circumstances due to utility	6467
failure rendering the school building unfit for school use, so	6468
long as the school was actually open for instruction with students	6469
in attendance during that school year for not less than the	6470
minimum number of hours required by this chapter. The department	6471
shall treat the school as if it were open for instruction with	6472
students in attendance during the hours or days waived under this	6473
division.	6474

(I) The department of education shall reduce the amounts paid	6475
under this section to reflect payments made to colleges under	6476
division (B) of section 3365.07 of the Revised Code or through	6477
alternative funding agreements entered into under rules adopted	6478
under section 3365.12 of the Revised Code.	6479

(J)(1) No student shall be considered enrolled in any	6480
internet- or computer-based community school or, if applicable to	6481
the student, in any community school that is required to provide	6482
the student with a computer pursuant to division (C) of section	6483
3314.22 of the Revised Code, unless both of the following	6484
conditions are satisfied:	6485

(a) The student possesses or has been provided with all	6486
required hardware and software materials and all such materials	6487
are operational so that the student is capable of fully	6488
participating in the learning opportunities specified in the	6489
contract between the school and the school's sponsor as required	6490
by division (A)(23) of section 3314.03 of the Revised Code;	6491

(b) The school is in compliance with division (A) of section	6492
3314.22 of the Revised Code, relative to such student.	6493

(2) In accordance with policies adopted jointly by the	6494
superintendent of public instruction and the auditor of state, the	6495
department shall reduce the amounts otherwise payable under	6496
division (C) of this section to any community school that includes	6497
in its program the provision of computer hardware and software	6498
materials to any student, if such hardware and software materials	6499
have not been delivered, installed, and activated for each such	6500
student in a timely manner or other educational materials or	6501
services have not been provided according to the contract between	6502
the individual community school and its sponsor.	6503

The superintendent of public instruction and the auditor of	6504
state shall jointly establish a method for auditing any community	6505
school to which this division pertains to ensure compliance with	6506
this section.	6507

The superintendent, auditor of state, and the governor shall	6508
jointly make recommendations to the general assembly for	6509
legislative changes that may be required to assure fiscal and	6510
academic accountability for such schools.	6511

(K)(1) If the department determines that a review of a	6512
community school's enrollment is necessary, such review shall be	6513
completed and written notice of the findings shall be provided to	6514
the governing authority of the community school and its sponsor	6515
within ninety days of the end of the community school's fiscal	6516
year, unless extended for a period not to exceed thirty additional	6517
days for one of the following reasons:	6518

(a) The department and the community school mutually agree to	6519
the extension.	6520

(b) Delays in data submission caused by either a community	6521
school or its sponsor.	6522

(2) If the review results in a finding that additional	6523
funding is owed to the school, such payment shall be made within	6524
thirty days of the written notice. If the review results in a	6525
finding that the community school owes moneys to the state, the	6526
following procedure shall apply:	6527

(a) Within ten business days of the receipt of the notice of	6528
findings, the community school may appeal the department's	6529
determination to the state board of education or its designee.	6530

(b) The board or its designee shall conduct an informal	6531
hearing on the matter within thirty days of receipt of such an	6532
appeal and shall issue a decision within fifteen days of the	6533
conclusion of the hearing.	6534

(c) If the board has enlisted a designee to conduct the	6535
hearing, the designee shall certify its decision to the board. The	6536
board may accept the decision of the designee or may reject the	6537
decision of the designee and issue its own decision on the matter.	6538

(d) Any decision made by the board under this division is	6539
final.	6540

(3) If it is decided that the community school owes moneys to	6541
the state, the department shall deduct such amount from the	6542
school's future payments in accordance with guidelines issued by	6543
the superintendent of public instruction.	6544

(L) The department shall not subtract from a school	6545
district's state aid account and shall not pay to a community	6546
school under division (C) of this section any amount for any of	6547
the following:	6548

(1) Any student who has graduated from the twelfth grade of a	6549
public or nonpublic high school;	6550

(2) Any student who is not a resident of the state;

6551

(3) Any student who was enrolled in the community school	6552
during the previous school year when assessments were administered	6553
under section 3301.0711 of the Revised Code but did not take one	6554
or more of the assessments required by that section and was not	6555
excused pursuant to division (C)(1) or (3) of that section, unless	6556
the superintendent of public instruction grants the student a	6557
waiver from the requirement to take the assessment and a parent is	6558
not paying tuition for the student pursuant to section 3314.26 of	6559
the Revised Code. The superintendent may grant a waiver only for	6560
good cause in accordance with rules adopted by the state board of	6561
education.	6562

(4) Any student who has attained the age of twenty-two years,	6563
except for veterans of the armed services whose attendance was	6564
interrupted before completing the recognized twelve-year course of	6565
the public schools by reason of induction or enlistment in the	6566
armed forces and who apply for enrollment in a community school	6567
not later than four years after termination of war or their	6568
honorable discharge. If, however, any such veteran elects to	6569
enroll in special courses organized for veterans for whom tuition	6570
is paid under federal law, or otherwise, the department shall not	6571
subtract from a school district's state aid account and shall not	6572
pay to a community school under division (C) of this section any	6573
amount for that veteran.	6574

Sec. 3317.02. As used in this chapter:

6575

(A)(1) "Category one career-technical education ADM" means	6576
the enrollment of students during the school year on a full-time	6577
equivalency basis in career-technical education programs described	6578
in division (A) of section 3317.014 of the Revised Code and	6579
certified under division (B)(11) or (D)(2)(h) of section 3317.03	6580
of the Revised Code.	6581

(2) "Category two career-technical education ADM" means the	6582
enrollment of students during the school year on a full-time	6583
equivalency basis in career-technical education programs described	6584
in division (B) of section 3317.014 of the Revised Code and	6585
certified under division (B)(12) or (D)(2)(i) of section 3317.03	6586
of the Revised Code.	6587

(3) "Category three career-technical education ADM" means the	6588
enrollment of students during the school year on a full-time	6589
equivalency basis in career-technical education programs described	6590
in division (C) of section 3317.014 of the Revised Code and	6591
certified under division (B)(13) or (D)(2)(j) of section 3317.03	6592
of the Revised Code.	6593

(4) "Category four career-technical education ADM" means the	6594
enrollment of students during the school year on a full-time	6595
equivalency basis in career-technical education programs described	6596
in division (D) of section 3317.014 of the Revised Code and	6597
certified under division (B)(14) or (D)(2)(k) of section 3317.03	6598
of the Revised Code.	6599

(5) "Category five career-technical education ADM" means the	6600
enrollment of students during the school year on a full-time	6601
equivalency basis in career-technical education programs described	6602
in division (E) of section 3317.014 of the Revised Code and	6603
certified under division (B)(15) or (D)(2)(l) of section 3317.03	6604
of the Revised Code.	6605

(B)(1) "Category one limited English proficient ADM" means	6606
the full-time equivalent number of limited English proficient	6607
students described in division (A) of section 3317.016 of the	6608
Revised Code and certified under division (B)(16) or (D)(2)(m) of	6609
section 3317.03 of the Revised Code.	6610

(2) "Category two limited English proficient ADM" means the	6611
full-time equivalent number of limited English proficient students	6612
described in division (B) of section 3317.016 of the Revised Code	6613
and certified under division (B)(17) or (D)(2)(n) of section	6614
3317.03 of the Revised Code.	6615

(3) "Category three limited English proficient ADM" means the	6616
full-time equivalent number of limited English proficient students	6617
described in division (C) of section 3317.016 of the Revised Code	6618
and certified under division (B)(18) or (D)(2)(o) of section	6619
3317.03 of the Revised Code.	6620

(C)(1) "Category one special education ADM" means the	6621
full-time equivalent number of children with disabilities	6622
receiving special education services for the disability specified	6623
in division (A) of section 3317.013 of the Revised Code and	6624
certified under division (B)(5) or (D)(2)(b) of section 3317.03 of	6625
the Revised Code.	6626

(2) "Category two special education ADM" means the full-time	6627
equivalent number of children with disabilities receiving special	6628
education services for those disabilities specified in division	6629
(B) of section 3317.013 of the Revised Code and certified under	6630
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	6631
Code.	6632

(3) "Category three special education ADM" means the	6633
full-time equivalent number of students receiving special	6634
education services for those disabilities specified in division	6635
(C) of section 3317.013 of the Revised Code, and certified under	6636
division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised	6637
Code.	6638

(4) "Category four special education ADM" means the full-time	6639
equivalent number of students receiving special education services	6640
for those disabilities specified in division (D) of section	6641
3317.013 of the Revised Code and certified under division (B)(8)	6642
or (D)(2)(e) of section 3317.03 of the Revised Code.	6643

(5) "Category five special education ADM" means the full-time	6644
equivalent number of students receiving special education services	6645
for the disabilities specified in division (E) of section 3317.013	6646
of the Revised Code and certified under division (B)(9) or	6647
(D)(2)(f) of section 3317.03 of the Revised Code.	6648

(6) "Category six special education ADM" means the full-time	6649
equivalent number of students receiving special education services	6650
for the disabilities specified in division (F) of section 3317.013	6651
of the Revised Code and certified under division (B)(10) or	6652
(D)(2)(g) of section 3317.03 of the Revised Code.	6653

(D) "County DD board" means a county board of developmental	6654
disabilities.	6655

(E) "Economically disadvantaged index for a school district"	6656
means the square of the quotient of that district's percentage of	6657
students in its total ADM who are identified as economically	6658
disadvantaged as defined by the department of education, divided	6659
by the statewide percentage of students identified as economically	6660
disadvantaged.	6661

(F)(1) "Formula ADM" means, for a city, local, or exempted	6662
village school district, the enrollment reported under division	6663
(A) of section 3317.03 of the Revised Code, as verified by the	6664
superintendent of public instruction and adjusted if so ordered	6665
under division (K) of that section, and as further adjusted by	6666
~~counting~~the department of education, as follows:	6667

(a) Count only twenty per cent of the number of joint	6668
vocational school district students counted under division (A)(3)	6669
of section 3317.03 of the Revised Code;	6670

(b) Add twenty per cent of the number of students who are	6671
entitled to attend school in the district under section 3313.64 or	6672
3313.65 of the Revised Code and are enrolled in another school	6673
district under a career-technical education compact.	6674

(2) "Formula ADM" means, for a joint vocational school	6675
district, the final number verified by the superintendent of	6676
public instruction, based on the enrollment reported and certified	6677
under division (D) of section 3317.03 of the Revised Code, as	6678
adjusted, if so ordered, under division (K) of that section.	6679

(G) "Formula amount" means $5,745, for fiscal year 2014, and	6680
$5,800, for fiscal year 2015.	6681

(H) "FTE basis" means a count of students based on full-time	6682
equivalency, in accordance with rules adopted by the department of	6683
education pursuant to section 3317.03 of the Revised Code. In	6684
adopting its rules under this division, the department shall	6685
provide for counting any student in category one, two, three,	6686
four, five, or six special education ADM or in category one, two,	6687
three, four, or five career technical education ADM in the same	6688
proportion the student is counted in formula ADM.	6689

(I) "Internet- or computer-based community school" has the	6690
same meaning as in section 3314.02 of the Revised Code.	6691

(J) "Medically fragile child" means a child to whom all of	6692
the following apply:	6693

(1) The child requires the services of a doctor of medicine	6694
or osteopathic medicine at least once a week due to the	6695
instability of the child's medical condition.	6696

(2) The child requires the services of a registered nurse on	6697
a daily basis.	6698

(3) The child is at risk of institutionalization in a	6699
hospital, skilled nursing facility, or intermediate care facility	6700
for individuals with intellectual disabilities.	6701

(K)(1) A child may be identified as having an "other health	6702
impairment-major" if the child's condition meets the definition of	6703
"other health impaired" established in rules previously adopted by	6704
the state board of education and if either of the following apply:	6705

(a) The child is identified as having a medical condition	6706
that is among those listed by the superintendent of public	6707
instruction as conditions where a substantial majority of cases	6708
fall within the definition of "medically fragile child."	6709

(b) The child is determined by the superintendent of public	6710
instruction to be a medically fragile child. A school district	6711
superintendent may petition the superintendent of public	6712
instruction for a determination that a child is a medically	6713
fragile child.	6714

(2) A child may be identified as having an "other health	6715
impairment-minor" if the child's condition meets the definition of	6716
"other health impaired" established in rules previously adopted by	6717
the state board of education but the child's condition does not	6718
meet either of the conditions specified in division (K)(1)(a) or	6719
(b) of this section.	6720

(L) "Preschool child with a disability" means a child with a	6721
disability, as defined in section 3323.01 of the Revised Code, who	6722
is at least age three but is not of compulsory school age, as	6723
defined in section 3321.01 of the Revised Code, and who is not	6724
currently enrolled in kindergarten.	6725

(M) "Preschool scholarship ADM" means the number of preschool	6726
children with disabilities certified under division (B)(3)(h) of	6727
section 3317.03 of the Revised Code.	6728

(N) "Related services" includes:

6729

(1) Child study, special education supervisors and	6730
coordinators, speech and hearing services, adaptive physical	6731
development services, occupational or physical therapy, teacher	6732
assistants for children with disabilities whose disabilities are	6733
described in division (B) of section 3317.013 or division (B)(3)	6734
of this section, behavioral intervention, interpreter services,	6735
work study, nursing services, and specialized integrative services	6736
as those terms are defined by the department;	6737

(2) Speech and language services provided to any student with	6738
a disability, including any student whose primary or only	6739
disability is a speech and language disability;	6740

(3) Any related service not specifically covered by other	6741
state funds but specified in federal law, including but not	6742
limited to, audiology and school psychological services;	6743

(4) Any service included in units funded under former	6744
division (O)(1) of section 3317.024 of the Revised Code;	6745

(5) Any other related service needed by children with	6746
disabilities in accordance with their individualized education	6747
programs.	6748

(O) "School district," unless otherwise specified, means	6749
city, local, and exempted village school districts.	6750

(P) "State education aid" has the same meaning as in section	6751
5751.20 of the Revised Code.	6752

(Q) "State share index" means the state share index	6753
calculated for a district under section 3317.017 of the Revised	6754
Code.	6755

(R) "Taxes charged and payable" means the taxes charged and	6756
payable against real and public utility property after making the	6757
reduction required by section 319.301 of the Revised Code, plus	6758
the taxes levied against tangible personal property.	6759

(S) "Total ADM" means, for a city, local, or exempted village	6760
school district, the enrollment reported under division (A) of	6761
section 3317.03 of the Revised Code, as verified by the	6762
superintendent of public instruction and adjusted if so ordered	6763
under division (K) of that section.	6764

(T) "Total special education ADM" means the sum of categories	6765
one through six special education ADM.	6766

(U) "Total taxable value" means the sum of the amounts	6767
certified for a city, local, exempted village, or joint vocational	6768
school district under divisions (A)(1) and (2) of section 3317.021	6769
of the Revised Code.	6770

Sec. 3317.0217. Payment of the amount calculated for a school	6771
district under this section shall be made under division (A) of	6772
section 3317.022 of the Revised Code.	6773

(A) The department of education shall annually compute	6774
targeted assistance funds to school districts, as follows:	6775

(1) Calculate the local wealth per pupil of each school	6776
district, which equals the following sum:	6777

(a) One-half times the quotient of (i) the district's	6778
three-year average valuation divided by (ii) its formula ADM; plus	6779

(b) One-half times the quotient of (i) the average of the	6780
total federal adjusted gross income of the school district's	6781
residents for the three years most recently reported under section	6782
3317.021 of the Revised Code divided by (ii) its formula ADM.	6783

(2) Rank all school districts in order of local wealth per	6784
pupil, from the district with the lowest local wealth per pupil to	6785
the district with the highest local wealth per pupil.	6786

(3) Compute the statewide wealth per pupil, which equals the	6787
following sum:	6788

(a) One-half times the quotient of (i) the sum of the	6789
three-year average valuations for all school districts divided by	6790
(ii) the sum of formula ADM counts for all ~~schools~~school	6791
districts; plus	6792

(b) One-half times the quotient of (i) the sum of the	6793
three-year average total federal adjusted gross incomes for all	6794
school districts divided by (ii) the sum of formula ADM counts for	6795
all school districts.	6796

(4) Compute each district's wealth index by dividing the	6797
statewide wealth per pupil by the district's local wealth per	6798
pupil.	6799

(5) Compute the per pupil targeted assistance for each	6800
eligible school district in accordance with the following formula:	6801

(Threshold local wealth per pupil - the district's local wealth	6802
per pupil)	6803

X target millage X the district's wealth index	6804

Where:

6805

(a) An "eligible school district" means a school district	6806
with a local wealth per pupil less than that of the school	6807
district with the 490th lowest local wealth per pupil.	6808

(b) "Threshold local wealth per pupil" means the local wealth	6809
per pupil of the school district with the 490th lowest local	6810
wealth per pupil.	6811

6812

If the result of the calculation for a school district under	6813
division (A)(5) of this section is less than zero, the district's	6814
targeted assistance shall be zero.	6815

(6) Calculate the aggregate amount to be paid as targeted	6816
assistance funds to each school district under division (A) of	6817
section 3317.022 of the Revised Code by multiplying the per pupil	6818
targeted assistance computed under division (A)(5) of this section	6819
by the district's net formula ADM.	6820

As used in this division, a district's "net formula ADM"	6821
means its formula ADM minus the number of community school	6822
students certified under division (B)(3)(d) of section 3317.03 of	6823
the Revised Code X 0.75, the number of internet- and	6824
computer-based community school students certified under division	6825
(B)(3)(e) of that section, the number of science, technology,	6826
engineering, and mathematics school students certified under	6827
division (B)(3)(j) of that section X 0.75, and the number of	6828
scholarship students certified under divisions (B)(3)(f), (g), and	6829
(l) of that section.	6830

(B) The department shall annually compute supplemental	6831
targeted assistance funds to school districts, as follows:	6832

(1) Compute each district's agricultural percentage as the	6833
quotient of (a) the three-year average tax valuation of real	6834
property in the district that is classified as agricultural	6835
property divided by (b) the three-year average tax valuation of	6836
all of the real property in the district. For purposes of this	6837
computation, a district's "three-year average tax valuation" means	6838
the average of a district's tax valuation for fiscal years 2012,	6839
2013, and 2014.	6840

(2) Determine each district's agricultural targeted	6841
percentage as follows:	6842

(a) If a district's agricultural percentage is greater than	6843
or equal to 0.10, then the district's agricultural targeted	6844
percentage shall be equal to 0.40.	6845

(b) If a district's agricultural percentage is less than	6846
0.10, then the district's agricultural targeted percentage shall	6847
be equal to 4 X the district's agricultural percentage.	6848

(3) Calculate the aggregate amount to be paid as supplemental	6849
targeted assistance funds to each school district under division	6850
(A) of section 3317.022 of the Revised Code by multiplying the	6851
district's agricultural targeted percentage by the amount	6852
calculated for the district under division (A)(6) of this section.	6853

Sec. 3317.162. (A)(1) If the lead district of a	6854
career-technical planning district enters into an agreement with a	6855
private entity under division (C) of section 3313.90 of the	6856
Revised Code, the lead district may apply to the department of	6857
education for additional funds to assist with paying for the cost	6858
of the apprenticeship program provided by the private entity.	6859

(2) A lead district shall be eligible to apply for these	6860
additional funds if its agreement with the private entity	6861
specifies both of the following:	6862

(a) A process for students to receive at least one year of	6863
credit toward completion of the private entity's apprenticeship	6864
program;	6865

(b) The amount that the district will pay the private entity	6866
for each student that participates in the private entity's	6867
apprenticeship program.	6868

(B) Upon submission of an application for the funds and a	6869
copy of the contract with the provisions specified in division	6870
(A)(2) of this section, the lead district shall be eligible to	6871
receive, and the department shall pay to the lead district, an	6872
additional payment for each full-time equivalent student	6873
participating in the private entity's program. The payment shall	6874
be equal to the lesser of the following:	6875

(1) The amount specified in the contract;

6876

(2) The appropriate career-technical education amount	6877
specified in section 3317.014 of the Revised Code.	6878

Sec. 3701.132. ~~The department of health is hereby designated~~	6879
~~as the state agency to administer~~As used in this section, "WIC	6880
program" means the "special supplemental nutrition program for	6881
women, infants, and children" established under the "Child	6882
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended.	6883
~~The~~	6884

The department of health is hereby designated as the state	6885
agency to administer the WIC program. The director of health may	6886
adopt rules pursuant to Chapter 119. of the Revised Code as	6887
necessary for administering the WIC program. The rules may include	6888
civil money penalties for violations of the rules.	6889

In determining eligibility for services provided under the	6890
WIC program, the department may use the application form	6891
established under section ~~5111.013~~5163.40 of the Revised Code for	6892
the healthy start program. The department may require applicants	6893
to furnish their social security numbers.	6894

If the department determines that a vendor has committed an	6895
act with respect to the WIC program that federal statutes or	6896
regulations or state statutes or rules prohibit, the department	6897
shall take action against the vendor in the manner required by 7	6898
C.F.R. part 246, including imposition of a civil money penalty in	6899
accordance with 7 C.F.R. 246.12, or rules adopted under this	6900
section.	6901

Sec. 3701.34. (A) The Ohio public health advisory board shall	6902
review and make recommendations to the director of health on all	6903
of the following:	6904

(1) Developing and adopting proposed rules under Chapters	6905
3701 and 3717 of the Administrative Code;	6906

(2) Prescribing proposed fees for services provided by the	6907
office of vital statistics and the bureau of environmental health;	6908

(3) Any proposed policy changes that pertain to entities	6909
serving or seeking to serve as vendors under the WIC program, as	6910
defined in section 3701.132 of the Revised Code, that are not	6911
addressed pursuant to division (A)(1) of this section.	6912

(4) Issues to improve public health and increase awareness of	6913
public health issues at the state level, local level, or both;	6914

~~(4)~~(5) Any other public health issues that the director	6915
requests the board to consider.	6916

(B) ~~In making recommendations to the director under~~For	6917
purposes of division (A)(1) of this section, all of the following	6918
apply:	6919

(1) Prior to filing a proposed rule with the joint committee	6920
on agency rule review, the department of health shall provide each	6921
board member with a copy of the proposed rule, copies of public	6922
comments received by the department during the public comment	6923
period, and written evidence of stakeholder involvement.	6924

(2) Prior to board meetings, copies of proposed rules shall	6925
be provided to members. On request of a member, the department	6926
shall ensure that appropriate department employees attend board	6927
meetings to answer questions concerning proposed rules.	6928

(3)(a) Not later than sixty days after receiving a copy of a	6929
proposed rule, the board shall recommend approval or disapproval	6930
of the rule and submit its recommendation by board action to the	6931
director. In making its recommendation, the board may consider	6932
public comments provided to the department or the board.	6933

(b) If the board fails to make a recommendation within sixty	6934
days of receiving a copy of the proposed rule, the director may	6935
file the proposed rule.	6936

(4) Except as provided in division (B)(3)(b) of this section,	6937
the director shall consider the board's recommendation before	6938
filing a proposed rule. On request of the board, the director	6939
shall meet with the board to discuss the board's recommendation.	6940

(5) If the director disagrees with the board's	6941
recommendation, the director shall inform the board in writing of	6942
the director's decision and the reason for the decision prior to	6943
the next quarterly meeting. The director or the director's	6944
designee may meet with the board at the next quarterly meeting to	6945
answer questions regarding why the director disagreed with the	6946
board's recommendation.	6947

~~(C)~~(6) To the extent the board believes that a proposed rule	6948
does not comply with requirements established by the joint	6949
committee on agency rule review or the common sense initiative	6950
office, nothing in this section prohibits the board, in carrying	6951
out its duties under division (A)(1) of this section, from	6952
contacting the joint committee on agency rule review or the common	6953
sense initiative office.	6954

~~(D) In making recommendations under~~(C) For purposes of	6955
division (A)(2) of this section ~~for prescribing proposed fees for~~	6956
~~services provided by the bureau of environmental health~~, the board	6957
and the department shall develop a cost methodology, subject to	6958
approval by the director, regarding proposed fees for services	6959
provided by the department's bureau of environmental health.	6960

(D) For purposes of division (A)(3) of this section, a	6961
proposed WIC program policy change shall be treated as if it were	6962
a proposed rule subject to division (A)(1) of this section and the	6963
board and other entities involved in reviewing and making	6964
recommendations regarding the change may follow all or part of the	6965
procedures described in division (B) of this section.	6966

(E) This section does not apply to the following:

6967

(1) A proposed rule that is to be refiled with the joint	6968
committee on agency rule review solely because of technical or	6969
other nonsubstantive revisions;	6970

(2) The emergency adoption, amendment, or rescission of a	6971
rule under division (F) of section 119.03 of the Revised Code.	6972

Sec. 3701.74. (A) As used in this section and section	6973
3701.741 of the Revised Code:	6974

(1) "Ambulatory care facility" means a facility that provides	6975
medical, diagnostic, or surgical treatment to patients who do not	6976
require hospitalization, including a dialysis center, ambulatory	6977
surgical facility, cardiac catheterization facility, diagnostic	6978
imaging center, extracorporeal shock wave lithotripsy center, home	6979
health agency, inpatient hospice, birthing center, radiation	6980
therapy center, emergency facility, and an urgent care center.	6981
"Ambulatory care facility" does not include the private office of	6982
a physician or dentist, whether the office is for an individual or	6983
group practice.	6984

(2) "Chiropractor" means an individual licensed under Chapter	6985
4734. of the Revised Code to practice chiropractic.	6986

(3) "Emergency facility" means a hospital emergency	6987
department or any other facility that provides emergency medical	6988
services.	6989

(4) "Health care practitioner" means all of the following:

6990

(a) A dentist or dental hygienist licensed under Chapter	6991
4715. of the Revised Code;	6992

(b) A registered or licensed practical nurse licensed under	6993
Chapter 4723. of the Revised Code;	6994

(c) An optometrist licensed under Chapter 4725. of the	6995
Revised Code;	6996

(d) A dispensing optician, spectacle dispensing optician,	6997
contact lens dispensing optician, or spectacle-contact lens	6998
dispensing optician licensed under Chapter 4725. of the Revised	6999
Code;	7000

(e) A pharmacist licensed under Chapter 4729. of the Revised	7001
Code;	7002

(f) A physician;

7003

(g) A physician assistant authorized under Chapter 4730. of	7004
the Revised Code to practice as a physician assistant;	7005

(h) A practitioner of a limited branch of medicine issued a	7006
certificate under Chapter 4731. of the Revised Code;	7007

(i) A psychologist licensed under Chapter 4732. of the	7008
Revised Code;	7009

(j) A chiropractor;

7010

(k) A hearing aid dealer or fitter licensed under Chapter	7011
4747. of the Revised Code;	7012

(l) A speech-language pathologist or audiologist licensed	7013
under Chapter 4753. of the Revised Code;	7014

(m) An occupational therapist or occupational therapy	7015
assistant licensed under Chapter 4755. of the Revised Code;	7016

(n) A physical therapist or physical therapy assistant	7017
licensed under Chapter 4755. of the Revised Code;	7018

(o) A professional clinical counselor, professional	7019
counselor, social worker, or independent social worker licensed,	7020
or a social work assistant registered, under Chapter 4757. of the	7021
Revised Code;	7022

(p) A dietitian licensed under Chapter 4759. of the Revised	7023
Code;	7024

(q) A respiratory care professional licensed under Chapter	7025
4761. of the Revised Code;	7026

(r) An emergency medical technician-basic, emergency medical	7027
technician-intermediate, or emergency medical technician-paramedic	7028
certified under Chapter 4765. of the Revised Code.	7029

(5) "Health care provider" means a hospital, ambulatory care	7030
facility, long-term care facility, pharmacy, emergency facility,	7031
or health care practitioner.	7032

(6) "Hospital" has the same meaning as in section 3727.01 of	7033
the Revised Code.	7034

(7) "Long-term care facility" means a nursing home,	7035
residential care facility, or home for the aging, as those terms	7036
are defined in section 3721.01 of the Revised Code; a residential	7037
facility licensed under section 5119.34 of the Revised Code that	7038
provides accommodations, supervision, and personal care services	7039
for three to sixteen unrelated adults; a nursing facility, as	7040
defined in section 5165.01 of the Revised Code; a skilled nursing	7041
facility, as defined in section 5165.01 of the Revised Code; and	7042
an intermediate care facility for individuals with intellectual	7043
disabilities, as defined in section 5124.01 of the Revised Code.	7044

(8) "Medical record" means data in any form that pertains to	7045
a patient's medical history, diagnosis, prognosis, or medical	7046
condition and that is generated and maintained by a health care	7047
provider in the process of the patient's health care treatment.	7048

(9) "Medical records company" means a person who stores,	7049
locates, or copies medical records for a health care provider, or	7050
is compensated for doing so by a health care provider, and charges	7051
a fee for providing medical records to a patient or patient's	7052
representative.	7053

(10) "Patient" means either of the following:

7054

(a) An individual who received health care treatment from a	7055
health care provider;	7056

(b) A guardian, as defined in section 1337.11 of the Revised	7057
Code, of an individual described in division (A)(10)(a) of this	7058
section.	7059

(11) "Patient's personal representative" means a minor	7060
patient's parent or other person acting in loco parentis, a	7061
court-appointed guardian, or a person with durable power of	7062
attorney for health care for a patient, the executor or	7063
administrator of the patient's estate, or the person responsible	7064
for the patient's estate if it is not to be probated. "Patient's	7065
personal representative" does not include an insurer authorized	7066
under Title XXXIX of the Revised Code to do the business of	7067
sickness and accident insurance in this state, a health insuring	7068
corporation holding a certificate of authority under Chapter 1751.	7069
of the Revised Code, or any other person not named in this	7070
division.	7071

(12) "Pharmacy" has the same meaning as in section 4729.01 of	7072
the Revised Code.	7073

(13) "Physician" means a person authorized under Chapter	7074
4731. of the Revised Code to practice medicine and surgery,	7075
osteopathic medicine and surgery, or podiatric medicine and	7076
surgery.	7077

(14) "Authorized person" means a person to whom a patient has	7078
given written authorization to act on the patient's behalf	7079
regarding the patient's medical record.	7080

(B) A patient, a patient's personal representative, or an	7081
authorized person who wishes to examine or obtain a copy of part	7082
or all of a medical record shall submit to the health care	7083
provider a written request signed by the patient, personal	7084
representative, or authorized person dated not more than one year	7085
before the date on which it is submitted. The request shall	7086
indicate whether the copy is to be sent to the requestor,	7087
physician or chiropractor, or held for the requestor at the office	7088
of the health care provider. Within a reasonable time after	7089
receiving a request that meets the requirements of this division	7090
and includes sufficient information to identify the record	7091
requested, a health care provider that has the patient's medical	7092
records shall permit the patient to examine the record during	7093
regular business hours without charge or, on request, shall	7094
provide a copy of the record in accordance with section 3701.741	7095
of the Revised Code, except that if a physician or chiropractor	7096
who has treated the patient determines for clearly stated	7097
treatment reasons that disclosure of the requested record is	7098
likely to have an adverse effect on the patient, the health care	7099
provider shall provide the record to a physician or chiropractor	7100
designated by the patient. The health care provider shall take	7101
reasonable steps to establish the identity of the person making	7102
the request to examine or obtain a copy of the patient's record.	7103

(C) If a health care provider fails to furnish a medical	7104
record as required by division (B) of this section, the patient,	7105
personal representative, or authorized person who requested the	7106
record may bring a civil action to enforce the patient's right of	7107
access to the record.	7108

(D)(1) This section does not apply to medical records whose	7109
release is covered by section 173.20 or 3721.13 of the Revised	7110
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42	7111
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient	7112
Records," or by 42 C.F.R. 483.10.	7113

(2) Nothing in this section is intended to supersede the	7114
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	7115
and 2305.252 of the Revised Code.	7116

Sec. 3701.83. ~~(A)~~ There is hereby created in the state	7117
treasury the general operations fund. Moneys in the fund shall be	7118
used for the purposes specified in sections 3701.04, 3701.344,	7119
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	7120
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	7121
3749.04, 3749.07, 4747.04, and 4769.09 of the Revised Code.	7122

~~(B) The alcohol testing program fund is hereby created in the~~	7123
~~state treasury. The director of health shall use the fund to~~	7124
~~administer and enforce the alcohol testing and permit program~~	7125
~~authorized by section 3701.143 of the Revised Code.~~	7126

~~The fund shall receive transfers from the liquor control fund~~	7127
~~created under section 4301.12 of the Revised Code. All investment~~	7128
~~earnings of the alcohol testing program fund shall be credited to~~	7129
~~the fund.~~	7130

Sec. 3701.881. (A) As used in this section:

7131

(1) "Applicant" means a person who is under final	7132
consideration for ~~employment with~~hiring by a home health agency	7133
in a full-time, part-time, or temporary position that involves	7134
providing direct care to an individual or is referred to a home	7135
health agency by an employment service for such a position.	7136

(2) "Community-based long-term care provider" means a	7137
provider as defined in section 173.39 of the Revised Code.	7138

(3) "Community-based long-term care subcontractor" means a	7139
subcontractor as defined in section 173.38 of the Revised Code.	7140

(4) "Criminal records check" has the same meaning as in	7141
section 109.572 of the Revised Code.	7142

(5) "Direct care" means any of the following:

7143

(a) Any service identified in divisions (A)(8)(a) to (f) of	7144
this section that is provided in a patient's place of residence	7145
used as the patient's home;	7146

(b) Any activity that requires the person performing the	7147
activity to be routinely alone with a patient or to routinely have	7148
access to a patient's personal property or financial documents	7149
regarding a patient;	7150

(c) For each home health agency individually, any other	7151
routine service or activity that the chief administrator of the	7152
home health agency designates as direct care.	7153

(6) "Disqualifying offense" means any of the offenses listed	7154
or described in divisions (A)(3)(a) to (e) of section 109.572 of	7155
the Revised Code.	7156

(7) "Employee" means a person employed by a home health	7157
agency in a full-time, part-time, or temporary position that	7158
involves providing direct care to an individual and a person who	7159
works in such a position due to being referred to a home health	7160
agency by an employment service.	7161

(8) "Home health agency" means a person or government entity,	7162
other than a nursing home, residential care facility, hospice care	7163
program, or pediatric respite care program, that has the primary	7164
function of providing any of the following services to a patient	7165
at a place of residence used as the patient's home:	7166

(a) Skilled nursing care;

7167

(b) Physical therapy;

7168

7169

(d) Occupational therapy;

7170

(e) Medical social services;

7171

(f) Home health aide services.

7172

(9) "Home health aide services" means any of the following	7173
services provided by an employee of a home health agency:	7174

(a) Hands-on bathing or assistance with a tub bath or shower;

7175

(b) Assistance with dressing, ambulation, and toileting;

7176

7177

(d) Meal preparation and feeding.

7178

(10) "Hospice care program" and "pediatric respite care	7179
program" have the same meanings as in section 3712.01 of the	7180
Revised Code.	7181

(11) "Medical social services" means services provided by a	7182
social worker under the direction of a patient's attending	7183
physician.	7184

(12) "Minor drug possession offense" has the same meaning as	7185
in section 2925.01 of the Revised Code.	7186

(13) "Nursing home," "residential care facility," and	7187
"skilled nursing care" have the same meanings as in section	7188
3721.01 of the Revised Code.	7189

(14) "Occupational therapy" has the same meaning as in	7190
section 4755.04 of the Revised Code.	7191

(15) "Physical therapy" has the same meaning as in section	7192
4755.40 of the Revised Code.	7193

(16) "Social worker" means a person licensed under Chapter	7194
4757. of the Revised Code to practice as a social worker or	7195
independent social worker.	7196

(17) "Speech-language pathology" has the same meaning as in	7197
section 4753.01 of the Revised Code.	7198

(18) "Waiver agency" has the same meaning as in section	7199
5164.342 of the Revised Code.	7200

(B) No home health agency shall ~~employ~~hire an applicant or	7201
~~continue to employ~~retain an employee in a position that involves	7202
providing direct care to an individual if any of the following	7203
apply:	7204

(1) A review of the databases listed in division (D) of this	7205
section reveals any of the following:	7206

(a) That the applicant or employee is included in one or more	7207
of the databases listed in divisions (D)(1) to (5) of this	7208
section;	7209

(b) That there is in the state nurse aide registry	7210
established under section 3721.32 of the Revised Code a statement	7211
detailing findings by the director of health that the applicant or	7212
employee neglected or abused a long-term care facility or	7213
residential care facility resident or misappropriated property of	7214
such a resident;	7215

(c) That the applicant or employee is included in one or more	7216
of the databases, if any, specified in rules adopted under this	7217
section and the rules prohibit the home health agency from	7218
~~employing~~hiring an applicant or ~~continuing to employ~~retaining an	7219
employee included in such a database in a position that involves	7220
providing direct care to an individual.	7221

(2) After the applicant or employee is provided, pursuant to	7222
division (E)(2)(a) of this section, a copy of the form prescribed	7223
pursuant to division (C)(1) of section 109.572 of the Revised Code	7224
and the standard impression sheet prescribed pursuant to division	7225
(C)(2) of that section, the applicant or employee fails to	7226
complete the form or provide the applicant's or employee's	7227
fingerprint impressions on the standard impression sheet.	7228

(3) Except as provided in rules adopted under this section,	7229
the applicant or employee is found by a criminal records check	7230
required by this section to have been convicted of,or pleaded	7231
guilty to~~, or been found eligible for intervention in lieu of~~	7232
~~conviction for~~ a disqualifying offense.	7233

(C) Except as provided by division (F) of this section, the	7234
chief administrator of a home health agency shall inform each	7235
applicant of both of the following at the time of the applicant's	7236
initial application for ~~employment~~hiring into a position that	7237
involves providing direct care to an individual or referral to the	7238
home health agency by an employment service for a position that	7239
involves providing direct care to an individual:	7240

(1) That a review of the databases listed in division (D) of	7241
this section will be conducted to determine whether the home	7242
health agency is prohibited by division (B)(1) of this section	7243
from ~~employing~~hiring the applicant ininto the position;	7244

(2) That, unless the database review reveals that the	7245
applicant may not be ~~employed in~~hired into the position, a	7246
criminal records check of the applicant will be conducted and the	7247
applicant is required to provide a set of the applicant's	7248
fingerprint impressions as part of the criminal records check.	7249

(D) As a condition ~~of employing~~for hiring any applicant in	7250
into a position that involves providing direct care to an	7251
individual, the chief administrator of a home health agency shall	7252
conduct a database review of the applicant in accordance with	7253
rules adopted under this section. If rules adopted under this	7254
section so require, the chief administrator of a home health	7255
agency shall conduct a database review of an employee in	7256
accordance with the rules as a condition of ~~continuing to employ~~	7257
retaining the employee in a position that involves providing	7258
direct care to an individual. However, the chief administrator is	7259
not required to conduct a database review of an applicant or	7260
employee if division (F) of this section applies. A database	7261
review shall determine whether the applicant or employee is	7262
included in any of the following:	7263

(1) The excluded parties list system that is maintained by	7264
the United States general services administration pursuant to	7265
subpart 9.4 of the federal acquisition regulation and available at	7266
the federal web site known as the system for award management;	7267

(2) The list of excluded individuals and entities maintained	7268
by the office of inspector general in the United States department	7269
of health and human services pursuant to the "Social Security	7270
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;	7271

(3) The registry of MR/DD employees established under section	7272
5123.52 of the Revised Code;	7273

(4) The internet-based sex offender and child-victim offender	7274
database established under division (A)(11) of section 2950.13 of	7275
the Revised Code;	7276

(5) The internet-based database of inmates established under	7277
section 5120.66 of the Revised Code;	7278

(6) The state nurse aide registry established under section	7279
3721.32 of the Revised Code;	7280

(7) Any other database, if any, specified in rules adopted	7281
under this section.	7282

(E)(1) As a condition ~~of employing~~for hiring any applicant	7283
ininto a position that involves providing direct care to an	7284
individual, the chief administrator of a home health agency shall	7285
request the superintendent of the bureau of criminal	7286
identification and investigation to conduct a criminal records	7287
check of the applicant. If rules adopted under this section so	7288
require, the chief administrator of a home health agency shall	7289
request the superintendent to conduct a criminal records check of	7290
an employee at times specified in the rules as a condition of	7291
~~continuing to employ~~for retaining the employee in a position that	7292
involves providing direct care to an individual. However, the	7293
chief administrator is not required to request the criminal	7294
records check of the applicant or the employee if division (F) of	7295
this section applies or the home health agency is prohibited by	7296
division (B)(1) of this section from ~~employing~~hiring the	7297
applicant or ~~continuing to employ~~retaining the employee in a	7298
position that involves providing direct care to an individual. If	7299
an applicant or employee for whom a criminal records check request	7300
is required by this section does not present proof of having been	7301
a resident of this state for the five-year period immediately	7302
prior to the date upon which the criminal records check is	7303
requested or does not provide evidence that within that five-year	7304
period the superintendent has requested information about the	7305
applicant from the federal bureau of investigation in a criminal	7306
records check, the chief administrator shall request that the	7307
superintendent obtain information from the federal bureau of	7308
investigation as a part of the criminal records check. Even if an	7309
applicant or employee for whom a criminal records check request is	7310
required by this section presents proof that the applicant or	7311
employee has been a resident of this state for that five-year	7312
period, the chief administrator may request that the	7313
superintendent include information from the federal bureau of	7314
investigation in the criminal records check.	7315

(2) The chief administrator shall do all of the following:

7316

(a) Provide to each applicant and employee for whom a	7317
criminal records check request is required by this section a copy	7318
of the form prescribed pursuant to division (C)(1) of section	7319
109.572 of the Revised Code and a standard impression sheet	7320
prescribed pursuant to division (C)(2) of that section;	7321

(b) Obtain the completed form and standard impression sheet	7322
from each applicant and employee;	7323

(c) Forward the completed form and standard impression sheet	7324
to the superintendent at the time the chief administrator requests	7325
the criminal records check.	7326

(3) A home health agency shall pay to the bureau of criminal	7327
identification and investigation the fee prescribed pursuant to	7328
division (C)(3) of section 109.572 of the Revised Code for each	7329
criminal records check the agency requests under this section. A	7330
home health agency may charge an applicant a fee not exceeding the	7331
amount the agency pays to the bureau under this section if both of	7332
the following apply:	7333

(a) The home health agency notifies the applicant at the time	7334
of initial application for ~~employment~~hiring into the position in	7335
question of the amount of the fee and that, unless the fee is	7336
paid, the applicant will not be considered for ~~employment~~the	7337
hiring.	7338

(b) The medicaid program does not reimburse the home health	7339
agency for the fee it pays to the bureau under this section.	7340

(F) Divisions (C) to (E) of this section do not apply with	7341
regard to an applicant or employee if the applicant or employee is	7342
referred to a home health agency by an employment service that	7343
supplies full-time, part-time, or temporary staff for positions	7344
that involve providing direct care to an individual and both of	7345
the following apply:	7346

(1) The chief administrator of the home health agency	7347
receives from the employment service confirmation that a review of	7348
the databases listed in division (D) of this section was conducted	7349
with regard to the applicant or employee.	7350

(2) The chief administrator of the home health agency	7351
receives from the employment service, applicant, or employee a	7352
report of the results of a criminal records check of the applicant	7353
or employee that has been conducted by the superintendent within	7354
the one-year period immediately preceding the following:	7355

(a) In the case of an applicant, the date of the applicant's	7356
referral by the employment service to the home health agency;	7357

(b) In the case of an employee, the date by which the home	7358
health agency would otherwise have to request a criminal records	7359
check of the employee under division (E) of this section.	7360

(G)(1) A home health agency may ~~employ~~ conditionally hire an	7361
applicant for whom a criminal records check request is required by	7362
this section before obtaining the results of the criminal records	7363
check if the agency is not prohibited by division (B) of this	7364
section from ~~employing~~hiring the applicant in a position that	7365
involves providing direct care to an individual and either of the	7366
following applies:	7367

(a) The chief administrator of the home health agency	7368
requests the criminal records check in accordance with division	7369
(E) of this section not later than five business days after the	7370
home health agency conditionally hires the applicant ~~begins~~	7371
~~conditional employment~~.	7372

(b) The applicant is referred to the home health agency by an	7373
employment service, the employment service or the applicant	7374
provides the chief administrator of the agency a letter that is on	7375
the letterhead of the employment service, the letter is dated and	7376
signed by a supervisor or another designated official of the	7377
employment service, and the letter states all of the following:	7378

(i) That the employment service has requested the	7379
superintendent to conduct a criminal records check regarding the	7380
applicant;	7381

(ii) That the requested criminal records check is to include	7382
a determination of whether the applicant has been convicted of,or	7383
pleaded guilty to~~, or been found eligible for intervention in lieu~~	7384
~~of conviction for~~ a disqualifying offense;	7385

(iii) That the employment service has not received the	7386
results of the criminal records check as of the date set forth on	7387
the letter;	7388

(iv) That the employment service promptly will send a copy of	7389
the results of the criminal records check to the chief	7390
administrator of the home health agency when the employment	7391
service receives the results.	7392

(2) If a home health agency ~~employs an applicant~~	7393
conditionally hires an applicant pursuant to division (G)(1)(b) of	7394
this section, the employment service, on its receipt of the	7395
results of the criminal records check, promptly shall send a copy	7396
of the results to the chief administrator of the agency.	7397

(3) A home health agency that ~~employs~~conditionally hires an	7398
applicant ~~conditionally~~ pursuant to division (G)(1)(a) or (b) of	7399
this section shall ~~terminate the applicant's employment~~remove the	7400
conditionally hired applicant from any job duties that require a	7401
criminal records check if the results of the criminal records	7402
check, other than the results of any request for information from	7403
the federal bureau of investigation, are not obtained within the	7404
period ending sixty days after the date the request for the	7405
criminal records check is made. ~~Regardless~~	7406

Regardless of when the results of the criminal records check	7407
are obtained, if the results indicate that the conditionally hired	7408
applicant has been convicted of,or pleaded guilty to~~, or been~~	7409
~~found eligible for intervention in lieu of conviction for~~ a	7410
disqualifying offense, the home health agency shall terminate the	7411
conditionally hired applicant's employment unless circumstances	7412
specified in rules adopted under this section that permit the	7413
agency to ~~employ~~hire the applicant exist and the agency chooses	7414
to ~~employ~~hire the applicant. Termination of employment under this	7415
division shall be considered just cause for discharge for purposes	7416
of division (D)(2) of section 4141.29 of the Revised Code if the	7417
applicant makes any attempt to deceive the home health agency	7418
about the applicant's criminal record.	7419

(H) The report of any criminal records check conducted by the	7420
bureau of criminal identification and investigation in accordance	7421
with section 109.572 of the Revised Code and pursuant to a request	7422
made under this section is not a public record for the purposes of	7423
section 149.43 of the Revised Code and shall not be made available	7424
to any person other than the following:	7425

(1) The applicant or employee who is the subject of the	7426
criminal records check or the applicant's or employee's	7427
representative;	7428

(2) The home health agency requesting the criminal ~~records~~	7429
~~check~~record or its representative;	7430

(3) The administrator of any other facility, agency, or	7431
program that provides direct care to individuals that is owned or	7432
operated by the same entity that owns or operates the home health	7433
agency that requested the criminal records check;	7434

(4) The employment service that requested the criminal	7435
records check;	7436

(5) The director of health and the staff of the department of	7437
health who monitor a home health agency's compliance with this	7438
section;	7439

(6) The director of aging or the director's designee if	7440
either of the following apply:	7441

(a) In the case of a criminal records check requested by a	7442
home health agency, the home health agency also is a	7443
community-based long-term care provider or community-based	7444
long-term care subcontractor;	7445

(b) In the case of a criminal records check requested by an	7446
employment service, the employment service makes the request for	7447
an applicant or employee the employment service refers to a home	7448
health agency that also is a community-based long-term care	7449
provider or community-based long-term care subcontractor.	7450

(7) The medicaid director and the staff of the department of	7451
medicaid who are involved in the administration of the medicaid	7452
program if either of the following apply:	7453

(a) In the case of a criminal records check requested by a	7454
home health agency, the home health agency also is a waiver	7455
agency;	7456

(b) In the case of a criminal records check requested by an	7457
employment service, the employment service makes the request for	7458
an applicant or employee the employment service refers to a home	7459
health agency that also is a waiver agency.	7460

(8) Any court, hearing officer, or other necessary individual	7461
involved in a case dealing with any of the following:	7462

(a) A denial of ~~employment~~hiring of the applicant or of	7463
retention of the employee;	7464

(b) Employment or unemployment benefits of the applicant or	7465
employee;	7466

(c) A civil or criminal action regarding the medicaid	7467
program.	7468

(I) In a tort or other civil action for damages that is	7469
brought as the result of an injury, death, or loss to person or	7470
property caused by an applicant who a home health agency hires, or	7471
an employee who a home health agency employs, in a position that	7472
involves providing direct care to an individual, all of the	7473
following shall apply:	7474

(1) If the home health agency ~~employed~~hired the applicant or	7475
retained the employee in good faith and reasonable reliance on the	7476
report of a criminal records check requested under this section,	7477
the agency shall not be found negligent solely because of its	7478
reliance on the report, even if the information in the report is	7479
determined later to have been incomplete or inaccurate.	7480

(2) If the home health agency ~~employed~~conditionally hired	7481
the applicant in good faith ~~on a conditional basis~~ pursuant to	7482
division (G) of this section, the agency shall not be found	7483
negligent solely because it ~~employed~~conditionally hired the	7484
applicant prior to receiving the report of a criminal records	7485
check requested under this section.	7486

(3) If the home health agency in good faith ~~employed~~hired	7487
the applicant or retained the employee according to the personal	7488
character standards established in rules adopted under this	7489
section, the agency shall not be found negligent solely because	7490
the applicant or employee had been convicted of,or pleaded guilty	7491
to~~, or been found eligible for intervention in lieu of conviction~~	7492
~~for~~ a disqualifying offense.	7493

(J) The director of health shall adopt rules in accordance	7494
with Chapter 119. of the Revised Code to implement this section.	7495

(1) The rules may do the following:

7496

(a) Require employees to undergo database reviews and	7497
criminal records checks under this section;	7498

(b) If the rules require employees to undergo database	7499
reviews and criminal records checks under this section, exempt one	7500
or more classes of employees from the requirements;	7501

(c) For the purpose of division (D)(7) of this section,	7502
specify other databases that are to be checked as part of a	7503
database review conducted under this section.	7504

(2) The rules shall specify all of the following:

7505

(a) The procedures for conducting database reviews under this	7506
section;	7507

(b) If the rules require employees to undergo database	7508
reviews and criminal records checks under this section, the times	7509
at which the database reviews and criminal records checks are to	7510
be conducted;	7511

(c) If the rules specify other databases to be checked as	7512
part of the database reviews, the circumstances under which a home	7513
health agency is prohibited from ~~employing~~hiring an applicant or	7514
~~continuing to employ~~retaining an employee who is found by a	7515
database review to be included in one or more of those databases;	7516

(d) Circumstances under which a home health agency may ~~employ~~	7517
hire an applicant or retain an employee who is found by a criminal	7518
records check required by this section to have been convicted of,	7519
or pleaded guilty to~~, or been found eligible for intervention in~~	7520
~~lieu of conviction for~~ a disqualifying offense but meets personal	7521
character standards.	7522

Sec. 3702.511. (A) Except as provided in division (B) of this	7523
section, the following activities are reviewable under sections	7524
3702.51 to 3702.62 of the Revised Code:	7525

(1) Establishment, development, or construction of a new	7526
long-term care facility;	7527

(2) Replacement of an existing long-term care facility;

7528

(3) Renovation of or addition to a long-term care facility	7529
that involves a capital expenditure of two million dollars or	7530
more, not including expenditures for equipment, staffing, or	7531
operational costs;	7532

(4) ~~Either of the following changes in long-term care bed~~	7533
~~capacity:~~	7534

~~(a)~~ An increase in long-term care bed capacity;

7535

~~(b)~~(5) A relocation of long-term care beds from one physical	7536
facility or site to another, excluding relocation of beds within a	7537
long-term care facility or among buildings of a long-term care	7538
facility at the same site.	7539

~~(5) Any change in the bed capacity or site, or any other~~	7540
~~failure to conduct a reviewable activity in substantial accordance~~	7541
~~with the approved application for which a certificate of need~~	7542
~~concerning long-term care beds was granted, if the change is made~~	7543
~~within five years after the implementation of the reviewable~~	7544
~~activity for which the certificate was granted~~;	7545

(6) Expenditure of more than one hundred ten per cent of the	7546
maximum expenditure specified in a certificate of need concerning	7547
long-term care beds.	7548

(B) The following activities are not subject to review under	7549
sections 3702.51 to 3702.62 of the Revised Code:	7550

(1) Acquisition of computer hardware or software;

7551

(2) Acquisition of a telephone system;

7552

(3) Construction or acquisition of parking facilities;

7553

(4) Correction of cited deficiencies that constitute an	7554
imminent threat to public health or safety and are in violation of	7555
federal, state, or local fire, building, or safety statutes,	7556
ordinances, rules, or regulations;	7557

(5) Acquisition of an existing long-term care facility that	7558
does not involve a change in the number of the beds;	7559

(6) Mergers, consolidations, or other corporate	7560
reorganizations of long-term care facilities that do not involve a	7561
change in the number of beds;	7562

(7) Construction, repair, or renovation of bathroom	7563
facilities;	7564

(8) Construction of laundry facilities, waste disposal	7565
facilities, dietary department projects, heating and air	7566
conditioning projects, administrative offices, and portions of	7567
medical office buildings used exclusively for physician services;	7568

(9) Removal of asbestos from a health care facility.

7569

Only that portion of a project that is described in this	7570
division is not reviewable.	7571

Sec. 3702.52. The director of health shall administer a	7572
state certificate of need program in accordance with sections	7573
3702.51 to 3702.62 of the Revised Code and rules adopted under	7574
those sections.	7575

(A) The director shall issue rulings on whether a particular	7576
proposed project is a reviewable activity. The director shall	7577
issue a ruling not later than forty-five days after receiving a	7578
request for a ruling accompanied by the information needed to make	7579
the ruling. If the director does not issue a ruling in that time,	7580
the project shall be considered to have been ruled not a	7581
reviewable activity.	7582

(B)(1) Each application for a certificate of need shall be	7583
submitted to the director on forms and in the manner prescribed by	7584
the director. Each application shall include a plan for obligating	7585
the capital expenditures or implementing the proposed project on a	7586
timely basis in accordance with section 3702.524 of the Revised	7587
Code. Each application shall also include all other information	7588
required by rules adopted under division (B) of section 3702.57 of	7589
the Revised Code.	7590

(2) Each application shall be accompanied by the application	7591
fee established in rules adopted under division (G) of section	7592
3702.57 of the Revised Code. Application fees received by the	7593
director under this division shall be deposited into the state	7594
treasury to the credit of the certificate of need fund, which is	7595
hereby created. The director shall use the fund only to pay the	7596
costs of administering sections 3702.11 to 3702.20, 3702.30, and	7597
3702.51 to 3702.62 of the Revised Code and rules adopted under	7598
those sections. An application fee is nonrefundable unless the	7599
director determines that the application cannot be accepted.	7600

(3) The director shall review applications for certificates	7601
of need. As part of a review, the director shall determine whether	7602
an application is complete. The director shall not consider an	7603
application to be complete unless the application meets all	7604
criteria for a complete application specified in rules adopted	7605
under section 3702.57 of the Revised Code. The director shall mail	7606
to the applicant a written notice that the application is	7607
complete, or a written request for additional information, not	7608
later than thirty days after receiving an application or a	7609
response to an earlier request for information. Except as provided	7610
in section 3702.522 of the Revised Code, the director shall not	7611
make more than two requests for additional information. The	7612
director's determination that an application is not complete is	7613
final and not subject to appeal.	7614

(4) Except as necessary to comply with a subpoena issued	7615
under division (F) of this section, after a notice of completeness	7616
has been received, no person shall make revisions to information	7617
that was submitted to the director before the director mailed the	7618
notice of completeness or knowingly discuss in person or by	7619
telephone the merits of the application with the director. A	7620
person may supplement an application after a notice of	7621
completeness has been received by submitting clarifying	7622
information to the director.	7623

(C) All of the following apply to the process of granting or	7624
denying a certificate of need:	7625

(1) If the project proposed in a certificate of need	7626
application meets all of the applicable certificate of need	7627
criteria for approval under sections 3702.51 to 3702.62 of the	7628
Revised Code and the rules adopted under those sections, the	7629
director shall grant a certificate of need for all or part of the	7630
project that is the subject of the application by the applicable	7631
deadline specified in division (C)(4) of this section or any	7632
extension of it under division (C)(5) of this section.	7633

(2) The director's grant of a certificate of need does not	7634
affect, and sets no precedent for, the director's decision to	7635
grant or deny other applications for similar reviewable	7636
activities.	7637

(3) Any affected person may submit written comments regarding	7638
an application. The director shall consider all written comments	7639
received by the ~~thirtieth~~forty-fifth day after ~~mailing the notice~~	7640
~~of completeness or, in the case of applications under comparative~~	7641
~~review, by the thirtieth day after~~the application is submitted to	7642
the director ~~mails the last notice of completeness~~.	7643

(4) Except as provided in division (C)(5) of this section,	7644
the director shall grant or deny certificate of need applications	7645
not later than sixty days after mailing the notice of	7646
completeness.	7647

(5) Except as otherwise provided in division (C)(6) of this	7648
section, the director or the applicant may extend the deadline	7649
prescribed in division (C)(4) of this section once, for no longer	7650
than thirty days, by written notice before the end of the deadline	7651
prescribed by division (C)(4) of this section. An extension by the	7652
director under division (C)(5) of this section shall apply to all	7653
applications that are in comparative review.	7654

(6) No applicant in a comparative review may extend the	7655
deadline specified in division (C)(4) of this section.	7656

(7) If the director does not grant or deny the certificate by	7657
the applicable deadline specified in division (C)(4) of this	7658
section or any extension of it under division (C)(5) of this	7659
section, the certificate shall be considered to have been granted.	7660

(8) In granting a certificate of need, the director shall	7661
specify as the maximum capital expenditure the certificate holder	7662
may obligate under the certificate a figure equal to one hundred	7663
ten per cent of the approved project cost.	7664

(9) In granting a certificate of need, the director may grant	7665
the certificate with conditions that must be met by the holder of	7666
the certificate.	7667

(D) When a certificate of need is granted for a project under	7668
which beds are to be relocated, upon completion of the project for	7669
which the certificate of need was granted a number of beds equal	7670
to the number of beds relocated shall cease to be operated in the	7671
long-term care facility from which they are relocated, except that	7672
the beds may continue to be operated for not more than fifteen	7673
days to allow relocation of residents to the facility to which the	7674
beds have been relocated. Notwithstanding section 3721.03 of the	7675
Revised Code, if the relocated beds are in a home licensed under	7676
Chapter 3721. of the Revised Code, the facility's license is	7677
automatically reduced by the number of beds relocated effective	7678
fifteen days after the beds are relocated. If the beds are in a	7679
facility that is certified as a skilled nursing facility or	7680
nursing facility under Title XVIII or XIX of the "Social Security	7681
Act," the certification for the beds shall be surrendered. If the	7682
beds are registered under section 3701.07 of the Revised Code as	7683
skilled nursing beds or long-term care beds, the director shall	7684
remove the beds from registration not later than fifteen days	7685
after the beds are relocated.	7686

(E) ~~The director shall monitor the activities of persons~~	7687
~~granted certificates of need during~~During the period beginning	7688
with the granting of ~~the~~a certificate of need and ending five	7689
years after implementation of the reviewable activity for which	7690
the certificate was granted, the director shall monitor the	7691
activities of the person granted the certificate to determine	7692
whether the reviewable activity is conducted in substantial	7693
accordance with the certificate. No reviewable activity shall be	7694
determined to be not in substantial accordance with the	7695
certificate of need due to a decrease in bed capacity.	7696

(F) When reviewing applications for certificates of need,	7697
considering appeals under section 3702.60 of the Revised Code, or	7698
monitoring activities of persons granted certificates of need, the	7699
director may issue and enforce, in the manner provided in section	7700
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to	7701
compel a person to testify and produce documents relevant to	7702
review of the application, consideration of the appeal, or	7703
monitoring of the activities. In addition, the director or the	7704
director's designee may visit the sites where the activities are	7705
or will be conducted.	7706

(G) The director may withdraw certificates of need.

7707

(H) All long-term care facilities shall submit to the	7708
director, upon request, any information prescribed by rules	7709
adopted under division (H) of section 3702.57 of the Revised Code	7710
that is necessary to conduct reviews of certificate of need	7711
applications and to develop criteria for reviews.	7712

(I) Any decision to grant or deny a certificate of need shall	7713
consider the special needs and circumstances resulting from moral	7714
and ethical values and the free exercise of religious rights of	7715
long-term care facilities administered by religious organizations,	7716
and the special needs and circumstances of inner city and rural	7717
communities.	7718

Sec. 3702.526. (A) Except as provided in division (B) of this	7719
section, the director of health shall accept an application for a	7720
replacement certificate of need for an activity described in	7721
division (A)~~(5)~~ of section 3702.511 of the Revised Code to replace	7722
an approved certificate of need ~~for that activity~~ if all of the	7723
following conditions are met:	7724

(1) The applicant requests the replacement certificate of	7725
need so that the reviewable activity for which the approved	7726
certificate of need was granted can be implemented in a manner	7727
that is not in substantial accordance with the approved	7728
certificate of need.	7729

(2) The applicant is the same as the applicant for the	7730
approved certificate of need or an affiliated or related person as	7731
described in division (B) of section 3702.523 of the Revised Code.	7732

~~(2)~~(3) The source of any long-term care beds to be relocated	7733
is the same as in the approved certificate of need.	7734

~~(3)~~(4) The application for the approved certificate of need	7735
was not subject to comparative review under section 3702.593 of	7736
the Revised Code.	7737

(B) The director shall not accept an application for a	7738
replacement certificate that proposes to increase the number of	7739
long-term care beds to be relocated specified in the application	7740
for the approved certificate of need.	7741

(C) For the purpose of determining whether long-term care	7742
beds are from an existing long-term care facility, the director	7743
shall consider the date of filing of the application for a	7744
replacement certificate to be the same as the date of filing of	7745
the original application for the approved certificate of need.	7746

(D) Any long-term care beds that were ~~approved~~proposed to be	7747
relocated in the approved certificate of need remain ~~approved~~	7748
eligible to be recategorized as a different category of long-term	7749
care beds in the application for a replacement certificate.	7750

(E) The applicant shall submit with the application for a	7751
replacement certificate a nonrefundable fee equal to the	7752
application fee for the approved certificate of need.	7753

(F) The director shall review, approve, or deny the	7754
application for the replacement certificate in the same manner as	7755
the application for the approved certificate of need.	7756

(G) Upon approval of the application for a replacement	7757
certificate, the original certificate of need is automatically	7758
voided.	7759

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	7760
Revised Code:	7761

(A) "Full-time practice" means working a minimum of forty	7762
hours per week for a minimum of forty-five weeks each service	7763
year.	7764

(B) "Part-time practice" means working a minimum of twenty	7765
and a maximum of thirty-nine hours per week for a minimum of	7766
forty-five weeks per service year.	7767

(C) "Primary care physician" means an individual who is	7768
authorized under Chapter 4731. of the Revised Code to practice	7769
medicine and surgery or osteopathic medicine and surgery and is	7770
board certified or board eligible in a primary care specialty.	7771

~~(B)~~(D) "Primary care service" means professional	7772
comprehensive personal health services, which may include health	7773
education and disease prevention, treatment of uncomplicated	7774
health problems, diagnosis of chronic health problems, overall	7775
management of health care services for an individual or a family,	7776
and the services of a psychiatrist. "Primary care service" also	7777
includes providing the initial contact for health care services	7778
~~and~~, making referrals for secondary and tertiary care and for	7779
continuity of health care services, and teaching activities to the	7780
extent specified in a contract entered into pursuant to section	7781
3702.74 of the Revised Code.	7782

~~(C)~~(E) "Primary care specialty" means general internal	7783
medicine, pediatrics, adolescent medicine, obstetrics and	7784
gynecology, psychiatry, child and adolescent psychiatry, geriatric	7785
psychiatry, combined internal medicine and pediatrics, geriatrics,	7786
or family practice.	7787

Sec. 3702.74. (A) A primary care physician who has signed a	7788
letter of intent under section 3702.73 of the Revised Code and the	7789
director of health may enter into a contract for the physician's	7790
participation in the physician loan repayment program. The	7791
physician's employer or other funding source may also be a party	7792
to the contract.	7793

(B) The contract shall include all of the following	7794
obligations:	7795

(1) The primary care physician agrees to provide primary care	7796
services in the health resource shortage area identified in the	7797
letter of intent for ~~at least two years~~the number of hours and	7798
duration specified in the contract;	7799

(2) When providing primary care services in the health	7800
resource shortage area, the primary care physician agrees to do	7801
all of the following:	7802

(a) Provide primary care services ~~for a minimum of forty~~	7803
~~hours per week, of which at least twenty-one hours will be spent~~	7804
~~providing patient care~~ in an outpatient or ambulatory setting	7805
approved by the department of health;	7806

(b) Provide primary care services without regard to a	7807
patient's ability to pay;	7808

(c) Meet the requirements for a medicaid provider agreement	7809
and enter into the agreement with the department of medicaid to	7810
provide primary care services to medicaid recipients.	7811

(3) The department of health agrees, as provided in section	7812
3702.75 of the Revised Code, to repay, so long as the primary care	7813
physician performs the service obligation agreed to under division	7814
(B)(1) of this section, all or part of the principal and interest	7815
of a government or other educational loan taken by the primary	7816
care physician for expenses described in section 3702.75 of the	7817
Revised Code;	7818

(4) The primary care physician agrees to pay the department	7819
of health an amount established by rules adopted under section	7820
3702.79 of the Revised Code if the physician fails to complete the	7821
service obligation agreed to under division (B)(1) of this	7822
section.	7823

(C) The contract ~~may include any other terms agreed upon by~~	7824
~~the parties~~shall include the following terms as agreed upon by	7825
the parties:	7826

(1) The primary care physician's required length of service	7827
in the health resource shortage area, which must be at least two	7828
years;	7829

(2) The number of weekly hours the primary care physician	7830
will be engaged in full-time practice or part-time practice in the	7831
health resource shortage area;	7832

(3) The maximum amount that the department will repay on	7833
behalf of the primary care physician;	7834

(4) The extent to which the primary care physician's teaching	7835
activities in the health resource shortage area will be counted	7836
toward the physician's full-time practice or part-time practice	7837
hours under the contract.	7838

Sec. 3702.75. There is hereby created the physician loan	7839
repayment program. Under the program, the department of health, by	7840
means of a contract provision under division (B)(3) of section	7841
3702.74 of the Revised Code, may agree to repay all or part of the	7842
principal and interest of a government or other educational loan	7843
taken by a primary care physician for the following expenses, so	7844
long as the expenses were incurred while the physician was	7845
enrolled in, for up to a maximum of four years, a medical school	7846
or osteopathic medical school in the United States that was,	7847
during the time enrolled, accredited by the liaison committee on	7848
medical education or the American osteopathic association, or a	7849
medical school or osteopathic medical school located outside the	7850
United States that was, during the time enrolled, acknowledged by	7851
the world health organization and verified by a member state of	7852
that organization as operating within the state's jurisdiction:	7853

(A) Tuition;

7854

(B) Other educational expenses, such as fees, books, and	7855
laboratory expenses, for specific purposes and in amounts	7856
determined to be reasonable by the director of health;	7857

(C) Room and board, in an amount determined reasonable by the	7858
director of health.	7859

~~In the first and second years, no repayment shall exceed~~	7860
~~twenty-five thousand dollars in each year. In the third and fourth~~	7861
~~years, no repayment shall exceed thirty-five thousand dollars in~~	7862
~~each year. If, however, a repayment results in an increase in the~~	7863
~~primary care physician's federal, state, or local income tax~~	7864
~~liability, at the physician's request, the department may~~	7865
~~reimburse the physician for the increased tax liability,~~	7866
~~regardless of the amount of the repayment made to the physician in~~	7867
~~that year.~~	7868

~~Not later than the thirty-first day of January each year, the~~	7869
~~department shall mail to each physician to whom or on whose behalf~~	7870
~~repayment is made under this section a statement showing the~~	7871
~~amount repaid by the department pursuant to the contract in the~~	7872
~~preceding year. The statement shall be sent by ordinary mail with~~	7873
~~address correction and forwarding requested in the manner~~	7874
~~prescribed by the United States postal service.~~	7875

Sec. 3702.91. (A) As used in this section, "full-time	7876
practice" and "part-time practice" have the same meanings as in	7877
section 3702.71 of the Revised Code.	7878

(B) An individual who has signed a letter of intent under	7879
section 3702.90 of the Revised Code may enter into a contract with	7880
the director of health for participation in the dentist loan	7881
repayment program. The dentist's employer or other funding source	7882
may also be a party to the contract.	7883

~~(B)~~(C) The contract shall include all of the following	7884
obligations:	7885

(1) The individual agrees to provide dental services in the	7886
dental health resource shortage area identified in the letter of	7887
intent for ~~at least two years~~the number of hours and duration	7888
specified in the contract.	7889

(2) When providing dental services in the dental health	7890
resource shortage area, the individual agrees to do all of the	7891
following:	7892

(a) Provide dental services ~~for a minimum of forty hours per~~	7893
~~week~~in a service site approved by the department of health;	7894

(b) Provide dental services without regard to a patient's	7895
ability to pay;	7896

(c) Meet the requirements for a medicaid provider agreement	7897
and enter into the agreement with the department of medicaid to	7898
provide dental services to medicaid recipients.	7899

(3) The department of health agrees, as provided in section	7900
3702.85 of the Revised Code, to repay, so long as the individual	7901
performs the service obligation agreed to under division ~~(B)~~(C)(1)	7902
of this section, all or part of the principal and interest of a	7903
government or other educational loan taken by the individual for	7904
expenses described in section 3702.85 of the Revised Code.	7905

(4) The individual agrees to pay the department of health an	7906
amount established by rules adopted under section 3702.86 of the	7907
Revised Code, if the individual fails to complete the service	7908
obligation agreed to under division ~~(B)~~(C)(1) of this section.	7909

~~(C)~~(D) The contract ~~may~~shall include ~~any other~~the following	7910
terms as agreed upon by the parties:	7911

(1) The individual's required length of service in the dental	7912
health resource shortage area, which must be at least two years;	7913

(2) The number of weekly hours the individual will be engaged	7914
in full-time practice or part-time practice;	7915

(3) The maximum amount that the department will repay on	7916
behalf of the individual;	7917

(4) The extent to which the individual's teaching activities	7918
in the dental health resource shortage area will be counted toward	7919
the individual's full-time practice or part-time practice hours	7920
under the contract.	7921

~~(D) Not later than the thirty-first day of January of each~~	7922
~~year, the department of health shall mail to each individual to~~	7923
~~whom or on whose behalf repayment is made under the dentist loan~~	7924
~~repayment program a statement showing the amount of principal and~~	7925
~~interest repaid by the department pursuant to the contract in the~~	7926
~~preceding year. The statement shall be sent by ordinary mail with~~	7927
~~address correction and forwarding requested in the manner~~	7928
~~prescribed by the United States postal service.~~	7929

Sec. 3702.95. The director of health may accept gifts of	7930
money from any source for the implementation and administration of	7931
sections 3702.85 to ~~3702.93~~3702.92 of the Revised Code.	7932

The director shall pay all gifts accepted under this section	7933
into the state treasury, to the credit of the dental health	7934
resource shortage area fund, which is hereby created, and all	7935
damages collected under division ~~(B)~~(C)(4) of section 3702.91 of	7936
the Revised Code, into the state treasury, to the credit of the	7937
dentist loan repayment fund, which is hereby created.	7938

The director shall use the dental health resource shortage	7939
area and dentist loan repayment funds for the implementation and	7940
administration of sections 3702.85 to 3702.95 of the Revised Code.	7941

Sec. 3721.122. Before an individual is admitted as a	7942
resident to a home, the home's administrator shall search for the	7943
individual's name in the internet-based sex offender and	7944
child-victim offender database established under division (A)(11)	7945
of section 2950.13 of the Revised Code. If the search results	7946
identify the individual as a sex offender and the individual is	7947
admitted as a resident to the home, the administrator shall	7948
provide for the home to do all of the following:	7949

(A) Develop a plan of care to protect the other residents'	7950
rights to a safe environment and to be free from abuse;	7951

(B) Notify all of the home's other residents and their	7952
sponsors that a sex offender has been admitted as a resident to	7953
the home and include in the notice a description of the plan of	7954
care developed under division (A) of this section;	7955

(C) Direct the individual in updating the individual's	7956
address under section 2950.05 of the Revised Code and, if the	7957
individual is unable to do so without assistance, provide the	7958
assistance the individual needs to update the individual's address	7959
under that section.	7960

Sec. 3730.09. (A) Each operator of a business that offers	7961
tattooing or body piercing services shall do all of the following:	7962

(1) Maintain procedures for ensuring that the individuals who	7963
perform tattooing or body piercing procedures are adequately	7964
trained to perform the procedures properly;	7965

(2) With respect to tattooing services, maintain written	7966
records that include the color, manufacturer, and lot number of	7967
each pigment used for each tattoo performed;	7968

(3) Comply with the safety and sanitation requirements for	7969
preventing transmission of infectious diseases, as established in	7970
rules adopted under section 3730.10 of the Revised Code;	7971

(4) ~~Require the individuals who perform tattooing and body~~	7972
~~piercing procedures to disinfect and sterilize~~Ensure that all	7973
invasive equipment or parts of equipment used in performing ~~the~~	7974
tattooing and body piercing procedures are disinfected and	7975
sterilized by using methods that meet the disinfection and	7976
sterilization requirements established in rules adopted under	7977
section 3730.10 of the Revised Code;	7978

(5) Ensure that weekly tests of the business's heat	7979
sterilization devices are performed to determine whether the	7980
devices are functioning properly. In having the devices tested,	7981
the operator of the business shall use a biological monitoring	7982
system that indicates whether the devices are killing	7983
microorganisms. If a test indicates that a device is not	7984
functioning properly, the operator shall take immediate remedial	7985
action to ensure that heat sterilization is being accomplished.	7986
The operator shall maintain documentation that the weekly tests	7987
are being performed. To comply with the documentation requirement,	7988
the documents must consist of a log that indicates the date on	7989
which each test is performed and the name of the person who	7990
performed the test or, if a test was conducted by an independent	7991
testing entity, a copy of the entity's testing report. The	7992
operator shall maintain records of each test performed for at	7993
least two years.	7994

(B) Each operator of a business that offers ear piercing	7995
services performed with an ear piercing gun shall require the	7996
individuals who perform the ear piercing services to disinfect and	7997
sterilize the ear piercing gun by using chemical solutions that	7998
meet the disinfection and sterilization requirements established	7999
in rules adopted under section 3730.10 of the Revised Code.	8000

Sec. 3737.02. (A) The fire marshal may collect fees to cover	8001
the costs of performing inspections and other duties that the fire	8002
marshal is authorized or required by law to perform. Except as	8003
provided in division (B) of this section, all fees collected by	8004
the fire marshal shall be deposited to the credit of the fire	8005
marshal's fund.	8006

(B)(1) All of the following shall be credited to the	8007
underground storage tank administration fund, which is hereby	8008
created in the state treasury:	8009

~~(1)~~(a) Fees collected under sections 3737.88 and 3737.881 of	8010
the Revised Code for operation of the underground storage tank and	8011
underground storage tank installer certification programs;	8012

~~(2)~~(b) Moneys recovered under section 3737.89 of the Revised	8013
Code for the state's costs of undertaking corrective or	8014
enforcement actions under that section or section 3737.882 of the	8015
Revised Code;	8016

~~(3)~~(c) Fines and penalties collected under section 3737.882	8017
of the Revised Code;	8018

~~(4) Amounts repaid for underground storage tank revolving~~	8019
~~loans under section 3737.883~~and other moneys, including	8020
corrective action enforcement case settlements or bankruptcy case	8021
awards or settlements, received by the fire marshal under sections	8022
3737.88 to 3737.89 of the Revised Code.	8023

~~(C)~~(2) All interest earned on moneys credited to the	8024
underground storage tank administration fund shall be credited to	8025
the fund. Moneys credited to the underground storage tank	8026
administration fund shall be used by the fire marshal for	8027
implementation and enforcement of underground storage tank,	8028
corrective action, and installer certification programs under	8029
sections 3737.88 to 3737.89 of the Revised Code. ~~Only moneys~~	8030
~~described in divisions (B)(3) and (4) of this section may be used~~	8031
~~by the fire marshal to make underground storage tank revolving~~	8032
~~loans under section 3737.883 of the Revised Code, and no other~~	8033
~~moneys may be used to make those loans.~~	8034

~~(D)~~(C) There is hereby created in the state treasury the	8035
underground storage tank revolving loan fund. The fund shall	8036
consist of amounts repaid for underground storage tank revolving	8037
loans under section 3737.883 of the Revised Code and moneys	8038
described in division (B)(1)(c) of this section that are allocated	8039
to the fund in accordance with division (D)(1) of this section.	8040
Moneys in the fund shall be used by the fire marshal to make	8041
underground storage tank revolving loans under section 3737.883 of	8042
the Revised Code.	8043

(D)(1) If the director of commerce determines that the cash	8044
balance in the underground storage tank administration fund is in	8045
excess of the amount needed for implementation and enforcement of	8046
the underground storage tank, corrective action, and installer	8047
certification programs under sections 3737.88 to 3737.89 of the	8048
Revised Code, the director may certify the excess amount to the	8049
director of budget and management. Upon certification, the	8050
director of budget and management may transfer from the	8051
underground storage tank administration fund to the underground	8052
storage tank revolving loan fund any amount up to, but not	8053
exceeding, the amount certified by the director of commerce,	8054
provided the amount transferred consists only of moneys described	8055
in division (B)(1)(c) of this section.	8056

(2) If the director of commerce determines that the cash	8057
balance in the underground storage tank administration fund is	8058
insufficient to implement and enforce the underground storage	8059
tank, corrective action, and installer certification programs	8060
under sections 3737.88 to 3737.89 of the Revised Code, the	8061
director may certify the amount needed to the director of budget	8062
and management. Upon certification, the director of budget and	8063
management may transfer from the underground storage tank	8064
revolving loan fund to the underground storage tank administration	8065
fund any amount up to, but not exceeding, the amount certified by	8066
the director of commerce.	8067

(E) The fire marshal shall take all actions necessary to	8068
obtain any federal funding available to carry out the fire	8069
marshal's responsibilities under sections 3737.88 to 3737.89 of	8070
the Revised Code and federal laws regarding the cleaning up of	8071
releases of petroleum, as "release" is defined in section 3737.87	8072
of the Revised Code, including, without limitation, any federal	8073
funds that are available to reimburse the state for the costs of	8074
undertaking corrective actions for such releases of petroleum. The	8075
state may, when appropriate, return to the United States any	8076
federal funds recovered under sections 3737.882 and 3737.89 of the	8077
Revised Code.	8078

Sec. 4141.01. As used in this chapter, unless the context	8079
otherwise requires:	8080

(A)(1) "Employer" means the state, its instrumentalities, its	8081
political subdivisions and their instrumentalities, Indian tribes,	8082
and any individual or type of organization including any	8083
partnership, limited liability company, association, trust,	8084
estate, joint-stock company, insurance company, or corporation,	8085
whether domestic or foreign, or the receiver, trustee in	8086
bankruptcy, trustee, or the successor thereof, or the legal	8087
representative of a deceased person who subsequent to December 31,	8088
1971, or in the case of political subdivisions or their	8089
instrumentalities, subsequent to December 31, 1973:	8090

(a) Had in employment at least one individual, or in the case	8091
of a nonprofit organization, subsequent to December 31, 1973, had	8092
not less than four individuals in employment for some portion of a	8093
day in each of twenty different calendar weeks, in either the	8094
current or the preceding calendar year whether or not the same	8095
individual was in employment in each such day; or	8096

(b) Except for a nonprofit organization, had paid for service	8097
in employment wages of fifteen hundred dollars or more in any	8098
calendar quarter in either the current or preceding calendar year;	8099
or	8100

(c) Had paid, subsequent to December 31, 1977, for employment	8101
in domestic service in a local college club, or local chapter of a	8102
college fraternity or sorority, cash remuneration of one thousand	8103
dollars or more in any calendar quarter in the current calendar	8104
year or the preceding calendar year, or had paid subsequent to	8105
December 31, 1977, for employment in domestic service in a private	8106
home cash remuneration of one thousand dollars in any calendar	8107
quarter in the current calendar year or the preceding calendar	8108
year:	8109

(i) For the purposes of divisions (A)(1)(a) and (b) of this	8110
section, there shall not be taken into account any wages paid to,	8111
or employment of, an individual performing domestic service as	8112
described in this division.	8113

(ii) An employer under this division shall not be an employer	8114
with respect to wages paid for any services other than domestic	8115
service unless the employer is also found to be an employer under	8116
division (A)(1)(a), (b), or (d) of this section.	8117

(d) As a farm operator or a crew leader subsequent to	8118
December 31, 1977, had in employment individuals in agricultural	8119
labor; and	8120

(i) During any calendar quarter in the current calendar year	8121
or the preceding calendar year, paid cash remuneration of twenty	8122
thousand dollars or more for the agricultural labor; or	8123

(ii) Had at least ten individuals in employment in	8124
agricultural labor, not including agricultural workers who are	8125
aliens admitted to the United States to perform agricultural labor	8126
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	8127
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	8128
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	8129
of the twenty different calendar weeks, in either the current or	8130
preceding calendar year whether or not the same individual was in	8131
employment in each day; or	8132

(e) Is not otherwise an employer as defined under division	8133
(A)(1)(a) or (b) of this section; and	8134

(i) For which, within either the current or preceding	8135
calendar year, service, except for domestic service in a private	8136
home not covered under division (A)(1)(c) of this section, is or	8137
was performed with respect to which such employer is liable for	8138
any federal tax against which credit may be taken for	8139
contributions required to be paid into a state unemployment fund;	8140

(ii) Which, as a condition for approval of this chapter for	8141
full tax credit against the tax imposed by the "Federal	8142
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	8143
required, pursuant to such act to be an employer under this	8144
chapter; or	8145

(iii) Who became an employer by election under division	8146
(A)(4) or (5) of this section and for the duration of such	8147
election; or	8148

(f) In the case of the state, its instrumentalities, its	8149
political subdivisions, and their instrumentalities, and Indian	8150
tribes, had in employment, as defined in divisions (B)(2)(a) and	8151
(B)(2)(l) of this section, at least one individual;	8152

(g) For the purposes of division (A)(1)(a) of this section,	8153
if any week includes both the thirty-first day of December and the	8154
first day of January, the days of that week before the first day	8155
of January shall be considered one calendar week and the days	8156
beginning the first day of January another week.	8157

(2) Each individual employed to perform or to assist in	8158
performing the work of any agent or employee of an employer is	8159
employed by such employer for all the purposes of this chapter,	8160
whether such individual was hired or paid directly by such	8161
employer or by such agent or employee, provided the employer had	8162
actual or constructive knowledge of the work. All individuals	8163
performing services for an employer of any person in this state	8164
who maintains two or more establishments within this state are	8165
employed by a single employer for the purposes of this chapter.	8166

(3) An employer subject to this chapter within any calendar	8167
year is subject to this chapter during the whole of such year and	8168
during the next succeeding calendar year.	8169

(4) An employer not otherwise subject to this chapter who	8170
files with the director of job and family services a written	8171
election to become an employer subject to this chapter for not	8172
less than two calendar years shall, with the written approval of	8173
such election by the director, become an employer subject to this	8174
chapter to the same extent as all other employers as of the date	8175
stated in such approval, and shall cease to be subject to this	8176
chapter as of the first day of January of any calendar year	8177
subsequent to such two calendar years only if at least thirty days	8178
prior to such first day of January the employer has filed with the	8179
director a written notice to that effect.	8180

(5) Any employer for whom services that do not constitute	8181
employment are performed may file with the director a written	8182
election that all such services performed by individuals in the	8183
employer's employ in one or more distinct establishments or places	8184
of business shall be deemed to constitute employment for all the	8185
purposes of this chapter, for not less than two calendar years.	8186
Upon written approval of the election by the director, such	8187
services shall be deemed to constitute employment subject to this	8188
chapter from and after the date stated in such approval. Such	8189
services shall cease to be employment subject to this chapter as	8190
of the first day of January of any calendar year subsequent to	8191
such two calendar years only if at least thirty days prior to such	8192
first day of January such employer has filed with the director a	8193
written notice to that effect.	8194

(B)(1) "Employment" means service performed by an individual	8195
for remuneration under any contract of hire, written or oral,	8196
express or implied, including service performed in interstate	8197
commerce and service performed by an officer of a corporation,	8198
without regard to whether such service is executive, managerial,	8199
or manual in nature, and without regard to whether such officer is	8200
a stockholder or a member of the board of directors of the	8201
corporation, unless it is shown to the satisfaction of the	8202
director that such individual has been and will continue to be	8203
free from direction or control over the performance of such	8204
service, both under a contract of service and in fact. The	8205
director shall adopt rules to define "direction or control."	8206

(2) "Employment" includes:

8207

(a) Service performed after December 31, 1977, by an	8208
individual in the employ of the state or any of its	8209
instrumentalities, or any political subdivision thereof or any of	8210
its instrumentalities or any instrumentality of more than one of	8211
the foregoing or any instrumentality of any of the foregoing and	8212
one or more other states or political subdivisions and without	8213
regard to divisions (A)(1)(a) and (b) of this section, provided	8214
that such service is excluded from employment as defined in the	8215
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	8216
3306(c)(7) and is not excluded under division (B)(3) of this	8217
section; or the services of employees covered by voluntary	8218
election, as provided under divisions (A)(4) and (5) of this	8219
section;	8220

(b) Service performed after December 31, 1971, by an	8221
individual in the employ of a religious, charitable, educational,	8222
or other organization which is excluded from the term "employment"	8223
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	8224
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	8225
3306(c)(8) of that act and is not excluded under division (B)(3)	8226
of this section;	8227

(c) Domestic service performed after December 31, 1977, for	8228
an employer, as provided in division (A)(1)(c) of this section;	8229

(d) Agricultural labor performed after December 31, 1977, for	8230
a farm operator or a crew leader, as provided in division	8231
(A)(1)(d) of this section;	8232

(e) Service not covered under division (B)(1) of this section	8233
which is performed after December 31, 1971:	8234

(i) As an agent-driver or commission-driver engaged in	8235
distributing meat products, vegetable products, fruit products,	8236
bakery products, beverages other than milk, laundry, or	8237
dry-cleaning services, for the individual's employer or principal;	8238

(ii) As a traveling or city salesperson, other than as an	8239
agent-driver or commission-driver, engaged on a full-time basis in	8240
the solicitation on behalf of and in the transmission to the	8241
salesperson's employer or principal except for sideline sales	8242
activities on behalf of some other person of orders from	8243
wholesalers, retailers, contractors, or operators of hotels,	8244
restaurants, or other similar establishments for merchandise for	8245
resale, or supplies for use in their business operations, provided	8246
that for the purposes of division (B)(2)(e)(ii) of this section,	8247
the services shall be deemed employment if the contract of service	8248
contemplates that substantially all of the services are to be	8249
performed personally by the individual and that the individual	8250
does not have a substantial investment in facilities used in	8251
connection with the performance of the services other than in	8252
facilities for transportation, and the services are not in the	8253
nature of a single transaction that is not a part of a continuing	8254
relationship with the person for whom the services are performed.	8255

(f) An individual's entire service performed within or both	8256
within and without the state if:	8257

(i) The service is localized in this state.

8258

(ii) The service is not localized in any state, but some of	8259
the service is performed in this state and either the base of	8260
operations, or if there is no base of operations then the place	8261
from which such service is directed or controlled, is in this	8262
state or the base of operations or place from which such service	8263
is directed or controlled is not in any state in which some part	8264
of the service is performed but the individual's residence is in	8265
this state.	8266

(g) Service not covered under division (B)(2)(f)(ii) of this	8267
section and performed entirely without this state, with respect to	8268
no part of which contributions are required and paid under an	8269
unemployment compensation law of any other state, the Virgin	8270
Islands, Canada, or of the United States, if the individual	8271
performing such service is a resident of this state and the	8272
director approves the election of the employer for whom such	8273
services are performed; or, if the individual is not a resident of	8274
this state but the place from which the service is directed or	8275
controlled is in this state, the entire services of such	8276
individual shall be deemed to be employment subject to this	8277
chapter, provided service is deemed to be localized within this	8278
state if the service is performed entirely within this state or if	8279
the service is performed both within and without this state but	8280
the service performed without this state is incidental to the	8281
individual's service within the state, for example, is temporary	8282
or transitory in nature or consists of isolated transactions;	8283

(h) Service of an individual who is a citizen of the United	8284
States, performed outside the United States except in Canada after	8285
December 31, 1971, or the Virgin Islands, after December 31, 1971,	8286
and before the first day of January of the year following that in	8287
which the United States secretary of labor approves the Virgin	8288
Islands law for the first time, in the employ of an American	8289
employer, other than service which is "employment" under divisions	8290
(B)(2)(f) and (g) of this section or similar provisions of another	8291
state's law, if:	8292

(i) The employer's principal place of business in the United	8293
States is located in this state;	8294

(ii) The employer has no place of business in the United	8295
States, but the employer is an individual who is a resident of	8296
this state; or the employer is a corporation which is organized	8297
under the laws of this state, or the employer is a partnership or	8298
a trust and the number of partners or trustees who are residents	8299
of this state is greater than the number who are residents of any	8300
other state; or	8301

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	8302
of this section is met but the employer has elected coverage in	8303
this state or the employer having failed to elect coverage in any	8304
state, the individual has filed a claim for benefits, based on	8305
such service, under this chapter.	8306

(i) For the purposes of division (B)(2)(h) of this section,	8307
the term "American employer" means an employer who is an	8308
individual who is a resident of the United States; or a	8309
partnership, if two-thirds or more of the partners are residents	8310
of the United States; or a trust, if all of the trustees are	8311
residents of the United States; or a corporation organized under	8312
the laws of the United States or of any state, provided the term	8313
"United States" includes the states, the District of Columbia, the	8314
Commonwealth of Puerto Rico, and the Virgin Islands.	8315

(j) Notwithstanding any other provisions of divisions (B)(1)	8316
and (2) of this section, service, except for domestic service in a	8317
private home not covered under division (A)(1)(c) of this section,	8318
with respect to which a tax is required to be paid under any	8319
federal law imposing a tax against which credit may be taken for	8320
contributions required to be paid into a state unemployment fund,	8321
or service, except for domestic service in a private home not	8322
covered under division (A)(1)(c) of this section, which, as a	8323
condition for full tax credit against the tax imposed by the	8324
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	8325
3311, is required to be covered under this chapter.	8326

(k) Construction services performed by any individual under a	8327
construction contract, as defined in section 4141.39 of the	8328
Revised Code, if the director determines that the employer for	8329
whom services are performed has the right to direct or control the	8330
performance of the services and that the individuals who perform	8331
the services receive remuneration for the services performed. The	8332
director shall presume that the employer for whom services are	8333
performed has the right to direct or control the performance of	8334
the services if ten or more of the following criteria apply:	8335

(i) The employer directs or controls the manner or method by	8336
which instructions are given to the individual performing	8337
services;	8338

(ii) The employer requires particular training for the	8339
individual performing services;	8340

(iii) Services performed by the individual are integrated	8341
into the regular functioning of the employer;	8342

(iv) The employer requires that services be provided by a	8343
particular individual;	8344

(v) The employer hires, supervises, or pays the wages of the	8345
individual performing services;	8346

(vi) A continuing relationship between the employer and the	8347
individual performing services exists which contemplates	8348
continuing or recurring work, even if not full-time work;	8349

(vii) The employer requires the individual to perform	8350
services during established hours;	8351

(viii) The employer requires that the individual performing	8352
services be devoted on a full-time basis to the business of the	8353
employer;	8354

(ix) The employer requires the individual to perform services	8355
on the employer's premises;	8356

(x) The employer requires the individual performing services	8357
to follow the order of work established by the employer;	8358

(xi) The employer requires the individual performing services	8359
to make oral or written reports of progress;	8360

(xii) The employer makes payment to the individual for	8361
services on a regular basis, such as hourly, weekly, or monthly;	8362

(xiii) The employer pays expenses for the individual	8363
performing services;	8364

(xiv) The employer furnishes the tools and materials for use	8365
by the individual to perform services;	8366

(xv) The individual performing services has not invested in	8367
the facilities used to perform services;	8368

(xvi) The individual performing services does not realize a	8369
profit or suffer a loss as a result of the performance of the	8370
services;	8371

(xvii) The individual performing services is not performing	8372
services for more than two employers simultaneously;	8373

(xviii) The individual performing services does not make the	8374
services available to the general public;	8375

(xix) The employer has a right to discharge the individual	8376
performing services;	8377

(xx) The individual performing services has the right to end	8378
the individual's relationship with the employer without incurring	8379
liability pursuant to an employment contract or agreement.	8380

(l) Service performed by an individual in the employ of an	8381
Indian tribe as defined by section 4(e) of the "Indian	8382
Self-Determination and Education Assistance Act," 88 Stat. 2204	8383
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	8384
subsidiary, or business enterprise wholly owned by an Indian tribe	8385
provided that the service is excluded from employment as defined	8386
in the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26	8387
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	8388
(B)(3) of this section.	8389

(3) "Employment" does not include the following services if	8390
they are found not subject to the "Federal Unemployment Tax Act,"	8391
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	8392
are not required to be included under division (B)(2)(j) of this	8393
section:	8394

(a) Service performed after December 31, 1977, in	8395
agricultural labor, except as provided in division (A)(1)(d) of	8396
this section;	8397

(b) Domestic service performed after December 31, 1977, in a	8398
private home, local college club, or local chapter of a college	8399
fraternity or sorority except as provided in division (A)(1)(c) of	8400
this section;	8401

(c) Service performed after December 31, 1977, for this state	8402
or a political subdivision as described in division (B)(2)(a) of	8403
this section when performed:	8404

(i) As a publicly elected official;

8405

(ii) As a member of a legislative body, or a member of the	8406
judiciary;	8407

(iii) As a military member of the Ohio national guard;

8408

(iv) As an employee, not in the classified service as defined	8409
in section 124.11 of the Revised Code, serving on a temporary	8410
basis in case of fire, storm, snow, earthquake, flood, or similar	8411
emergency;	8412

(v) In a position which, under or pursuant to law, is	8413
designated as a major nontenured policymaking or advisory	8414
position, not in the classified service of the state, or a	8415
policymaking or advisory position the performance of the duties of	8416
which ordinarily does not require more than eight hours per week.	8417

(d) In the employ of any governmental unit or instrumentality	8418
of the United States;	8419

(e) Service performed after December 31, 1971:

8420

(i) Service in the employ of an educational institution or	8421
institution of higher education, including those operated by the	8422
state or a political subdivision, if such service is performed by	8423
a student who is enrolled and is regularly attending classes at	8424
the educational institution or institution of higher education; or	8425

(ii) By an individual who is enrolled at a nonprofit or	8426
public educational institution which normally maintains a regular	8427
faculty and curriculum and normally has a regularly organized body	8428
of students in attendance at the place where its educational	8429
activities are carried on as a student in a full-time program,	8430
taken for credit at the institution, which combines academic	8431
instruction with work experience, if the service is an integral	8432
part of the program, and the institution has so certified to the	8433
employer, provided that this subdivision shall not apply to	8434
service performed in a program established for or on behalf of an	8435
employer or group of employers.	8436

(f) Service performed by an individual in the employ of the	8437
individual's son, daughter, or spouse and service performed by a	8438
child under the age of eighteen in the employ of the child's	8439
father or mother;	8440

(g) Service performed for one or more principals by an	8441
individual who is compensated on a commission basis, who in the	8442
performance of the work is master of the individual's own time and	8443
efforts, and whose remuneration is wholly dependent on the amount	8444
of effort the individual chooses to expend, and which service is	8445
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	8446
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	8447
31, 1971:	8448

(i) By an individual for an employer as an insurance agent or	8449
as an insurance solicitor, if all this service is performed for	8450
remuneration solely by way of commission;	8451

(ii) As a home worker performing work, according to	8452
specifications furnished by the employer for whom the services are	8453
performed, on materials or goods furnished by such employer which	8454
are required to be returned to the employer or to a person	8455
designated for that purpose.	8456

(h) Service performed after December 31, 1971:

8457

(i) In the employ of a church or convention or association of	8458
churches, or in an organization which is operated primarily for	8459
religious purposes and which is operated, supervised, controlled,	8460
or principally supported by a church or convention or association	8461
of churches;	8462

(ii) By a duly ordained, commissioned, or licensed minister	8463
of a church in the exercise of the individual's ministry or by a	8464
member of a religious order in the exercise of duties required by	8465
such order; or	8466

(iii) In a facility conducted for the purpose of carrying out	8467
a program of rehabilitation for individuals whose earning capacity	8468
is impaired by age or physical or mental deficiency or injury, or	8469
providing remunerative work for individuals who because of their	8470
impaired physical or mental capacity cannot be readily absorbed in	8471
the competitive labor market, by an individual receiving such	8472
rehabilitation or remunerative work.	8473

(i) Service performed after June 30, 1939, with respect to	8474
which unemployment compensation is payable under the "Railroad	8475
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	8476

(j) Service performed by an individual in the employ of any	8477
organization exempt from income tax under section 501 of the	8478
"Internal Revenue Code of 1954," if the remuneration for such	8479
service does not exceed fifty dollars in any calendar quarter, or	8480
if such service is in connection with the collection of dues or	8481
premiums for a fraternal beneficial society, order, or association	8482
and is performed away from the home office or is ritualistic	8483
service in connection with any such society, order, or	8484
association;	8485

(k) Casual labor not in the course of an employer's trade or	8486
business; incidental service performed by an officer, appraiser,	8487
or member of a finance committee of a bank, building and loan	8488
association, savings and loan association, or savings association	8489
when the remuneration for such incidental service exclusive of the	8490
amount paid or allotted for directors' fees does not exceed sixty	8491
dollars per calendar quarter is casual labor;	8492

(l) Service performed in the employ of a voluntary employees'	8493
beneficial association providing for the payment of life,	8494
sickness, accident, or other benefits to the members of such	8495
association or their dependents or their designated beneficiaries,	8496
if admission to a membership in such association is limited to	8497
individuals who are officers or employees of a municipal or public	8498
corporation, of a political subdivision of the state, or of the	8499
United States and no part of the net earnings of such association	8500
inures, other than through such payments, to the benefit of any	8501
private shareholder or individual;	8502

(m) Service performed by an individual in the employ of a	8503
foreign government, including service as a consular or other	8504
officer or employee or of a nondiplomatic representative;	8505

(n) Service performed in the employ of an instrumentality	8506
wholly owned by a foreign government if the service is of a	8507
character similar to that performed in foreign countries by	8508
employees of the United States or of an instrumentality thereof	8509
and if the director finds that the secretary of state of the	8510
United States has certified to the secretary of the treasury of	8511
the United States that the foreign government, with respect to	8512
whose instrumentality exemption is claimed, grants an equivalent	8513
exemption with respect to similar service performed in the foreign	8514
country by employees of the United States and of instrumentalities	8515
thereof;	8516

(o) Service with respect to which unemployment compensation	8517
is payable under an unemployment compensation system established	8518
by an act of congress;	8519

(p) Service performed as a student nurse in the employ of a	8520
hospital or a nurses' training school by an individual who is	8521
enrolled and is regularly attending classes in a nurses' training	8522
school chartered or approved pursuant to state law, and service	8523
performed as an intern in the employ of a hospital by an	8524
individual who has completed a four years' course in a medical	8525
school chartered or approved pursuant to state law;	8526

(q) Service performed by an individual under the age of	8527
eighteen in the delivery or distribution of newspapers or shopping	8528
news, not including delivery or distribution to any point for	8529
subsequent delivery or distribution;	8530

(r) Service performed in the employ of the United States or	8531
an instrumentality of the United States immune under the	8532
Constitution of the United States from the contributions imposed	8533
by this chapter, except that to the extent that congress permits	8534
states to require any instrumentalities of the United States to	8535
make payments into an unemployment fund under a state unemployment	8536
compensation act, this chapter shall be applicable to such	8537
instrumentalities and to services performed for such	8538
instrumentalities in the same manner, to the same extent, and on	8539
the same terms as to all other employers, individuals, and	8540
services, provided that if this state is not certified for any	8541
year by the proper agency of the United States under section 3304	8542
of the "Internal Revenue Code of 1954," the payments required of	8543
such instrumentalities with respect to such year shall be refunded	8544
by the director from the fund in the same manner and within the	8545
same period as is provided in division (E) of section 4141.09 of	8546
the Revised Code with respect to contributions erroneously	8547
collected;	8548

(s) Service performed by an individual as a member of a band	8549
or orchestra, provided such service does not represent the	8550
principal occupation of such individual, and which service is not	8551
subject to or required to be covered for full tax credit against	8552
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	8553
183 (1939), 26 U.S.C.A. 3301 to 3311.	8554

(t) Service performed in the employ of a day camp whose	8555
camping season does not exceed twelve weeks in any calendar year,	8556
and which service is not subject to the "Federal Unemployment Tax	8557
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	8558
performed after December 31, 1971:	8559

(i) In the employ of a hospital, if the service is performed	8560
by a patient of the hospital, as defined in division (W) of this	8561
section;	8562

(ii) For a prison or other correctional institution by an	8563
inmate of the prison or correctional institution;	8564

(iii) Service performed after December 31, 1977, by an inmate	8565
of a custodial institution operated by the state, a political	8566
subdivision, or a nonprofit organization.	8567

(u) Service that is performed by a nonresident alien	8568
individual for the period the individual temporarily is present in	8569
the United States as a nonimmigrant under division (F), (J), (M),	8570
or (Q) of section 101(a)(15) of the "Immigration and Nationality	8571
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	8572
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	8573
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	8574

(v) Notwithstanding any other provisions of division (B)(3)	8575
of this section, services that are excluded under divisions	8576
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	8577
from employment when performed for a nonprofit organization, as	8578
defined in division (X) of this section, or for this state or its	8579
instrumentalities, or for a political subdivision or its	8580
instrumentalities or for Indian tribes;	8581

(w) Service that is performed by an individual working as an	8582
election official or election worker if the amount of remuneration	8583
received by the individual during the calendar year for services	8584
as an election official or election worker is less than one	8585
thousand dollars;	8586

(x) Service performed for an elementary or secondary school	8587
that is operated primarily for religious purposes, that is	8588
described in subsection 501(c)(3) and exempt from federal income	8589
taxation under subsection 501(a) of the Internal Revenue Code, 26	8590
U.S.C.A. 501;	8591

(y) Service performed by a person committed to a penal	8592
institution.	8593

(z) Service performed for an Indian tribe as described in	8594
division (B)(2)(l) of this section when performed in any of the	8595
following manners:	8596

(i) As a publicly elected official;

8597

(ii) As a member of an Indian tribal council;

8598

(iii) As a member of a legislative or judiciary body;

8599

(iv) In a position which, pursuant to Indian tribal law, is	8600
designated as a major nontenured policymaking or advisory	8601
position, or a policymaking or advisory position where the	8602
performance of the duties ordinarily does not require more than	8603
eight hours of time per week;	8604

(v) As an employee serving on a temporary basis in the case	8605
of a fire, storm, snow, earthquake, flood, or similar emergency.	8606

(aa) Service performed after December 31, 1971, for a	8607
nonprofit organization, this state or its instrumentalities, a	8608
political subdivision or its instrumentalities, or an Indian tribe	8609
as part of an unemployment work-relief or work-training program	8610
assisted or financed in whole or in part by any federal agency or	8611
an agency of a state or political subdivision, thereof, by an	8612
individual receiving the work-relief or work-training.	8613

(bb) Participation in a learn to earn program as defined in	8614
section 4141.293 of the Revised Code.	8615

(4) If the services performed during one half or more of any	8616
pay period by an employee for the person employing that employee	8617
constitute employment, all the services of such employee for such	8618
period shall be deemed to be employment; but if the services	8619
performed during more than one half of any such pay period by an	8620
employee for the person employing that employee do not constitute	8621
employment, then none of the services of such employee for such	8622
period shall be deemed to be employment. As used in division	8623
(B)(4) of this section, "pay period" means a period, of not more	8624
than thirty-one consecutive days, for which payment of	8625
remuneration is ordinarily made to the employee by the person	8626
employing that employee. Division (B)(4) of this section does not	8627
apply to services performed in a pay period by an employee for the	8628
person employing that employee, if any of such service is excepted	8629
by division (B)(3)(o) of this section.	8630

(C) "Benefits" means money payments payable to an individual	8631
who has established benefit rights, as provided in this chapter,	8632
for loss of remuneration due to the individual's unemployment.	8633

(D) "Benefit rights" means the weekly benefit amount and the	8634
maximum benefit amount that may become payable to an individual	8635
within the individual's benefit year as determined by the	8636
director.	8637

(E) "Claim for benefits" means a claim for waiting period or	8638
benefits for a designated week.	8639

(F) "Additional claim" means the first claim for benefits	8640
filed following any separation from employment during a benefit	8641
year; "continued claim" means any claim other than the first claim	8642
for benefits and other than an additional claim.	8643

(G)(1) "Wages" means remuneration paid to an employee by each	8644
of the employee's employers with respect to employment; except	8645
that wages shall not include that part of remuneration paid during	8646
any calendar year to an individual by an employer or such	8647
employer's predecessor in interest in the same business or	8648
enterprise, which in any calendar year is in excess of eight	8649
thousand two hundred fifty dollars on and after January 1, 1992;	8650
eight thousand five hundred dollars on and after January 1, 1993;	8651
eight thousand seven hundred fifty dollars on and after January 1,	8652
1994; and nine thousand dollars on and after January 1, 1995.	8653
Remuneration in excess of such amounts shall be deemed wages	8654
subject to contribution to the same extent that such remuneration	8655
is defined as wages under the "Federal Unemployment Tax Act," 84	8656
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	8657
remuneration paid an employee by an employer with respect to	8658
employment in another state, upon which contributions were	8659
required and paid by such employer under the unemployment	8660
compensation act of such other state, shall be included as a part	8661
of remuneration in computing the amount specified in this	8662
division.	8663

(2) Notwithstanding division (G)(1) of this section, if, as	8664
of the computation date for any calendar year, the director	8665
determines that the level of the unemployment compensation fund is	8666
sixty per cent or more below the minimum safe level as defined in	8667
section 4141.25 of the Revised Code, then, effective the first day	8668
of January of the following calendar year, wages subject to this	8669
chapter shall not include that part of remuneration paid during	8670
any calendar year to an individual by an employer or such	8671
employer's predecessor in interest in the same business or	8672
enterprise which is in excess of nine thousand dollars. The	8673
increase in the dollar amount of wages subject to this chapter	8674
under this division shall remain in effect from the date of the	8675
director's determination pursuant to division (G)(2) of this	8676
section and thereafter notwithstanding the fact that the level in	8677
the fund may subsequently become less than sixty per cent below	8678
the minimum safe level.	8679

(H)(1) "Remuneration" means all compensation for personal	8680
services, including commissions and bonuses and the cash value of	8681
all compensation in any medium other than cash, except that in the	8682
case of agricultural or domestic service, "remuneration" includes	8683
only cash remuneration. Gratuities customarily received by an	8684
individual in the course of the individual's employment from	8685
persons other than the individual's employer and which are	8686
accounted for by such individual to the individual's employer are	8687
taxable wages.	8688

The reasonable cash value of compensation paid in any medium	8689
other than cash shall be estimated and determined in accordance	8690
with rules prescribed by the director, provided that	8691
"remuneration" does not include:	8692

(a) Payments as provided in divisions (b)(2) to (b)~~(16)~~(20)	8693
of section 3306 of the "Federal Unemployment Tax Act," 84 Stat.	8694
713, 26 U.S.C.A. 3301 to 3311, as amended;	8695

(b) The payment by an employer, without deduction from the	8696
remuneration of the individual in the employer's employ, of the	8697
tax imposed upon an individual in the employer's employ under	8698
section 3101 of the "Internal Revenue Code of 1954," with respect	8699
to services performed after October 1, 1941.	8700

(2) "Cash remuneration" means all remuneration paid in cash,	8701
including commissions and bonuses, but not including the cash	8702
value of all compensation in any medium other than cash.	8703

(I) "Interested party" means the director and any party to	8704
whom notice of a determination of an application for benefit	8705
rights or a claim for benefits is required to be given under	8706
section 4141.28 of the Revised Code.	8707

(J) "Annual payroll" means the total amount of wages subject	8708
to contributions during a twelve-month period ending with the last	8709
day of the second calendar quarter of any calendar year.	8710

(K) "Average annual payroll" means the average of the last	8711
three annual payrolls of an employer, provided that if, as of any	8712
computation date, the employer has had less than three annual	8713
payrolls in such three-year period, such average shall be based on	8714
the annual payrolls which the employer has had as of such date.	8715

(L)(1) "Contributions" means the money payments to the state	8716
unemployment compensation fund required of employers by section	8717
4141.25 of the Revised Code and of the state and any of its	8718
political subdivisions electing to pay contributions under section	8719
4141.242 of the Revised Code. Employers paying contributions shall	8720
be described as "contributory employers."	8721

(2) "Payments in lieu of contributions" means the money	8722
payments to the state unemployment compensation fund required of	8723
reimbursing employers under sections 4141.241 and 4141.242 of the	8724
Revised Code.	8725

(M) An individual is "totally unemployed" in any week during	8726
which the individual performs no services and with respect to such	8727
week no remuneration is payable to the individual.	8728

(N) An individual is "partially unemployed" in any week if,	8729
due to involuntary loss of work, the total remuneration payable to	8730
the individual for such week is less than the individual's weekly	8731
benefit amount.	8732

(O) "Week" means the calendar week ending at midnight	8733
Saturday unless an equivalent week of seven consecutive calendar	8734
days is prescribed by the director.	8735

(1) "Qualifying week" means any calendar week in an	8736
individual's base period with respect to which the individual	8737
earns or is paid remuneration in employment subject to this	8738
chapter. A calendar week with respect to which an individual earns	8739
remuneration but for which payment was not made within the base	8740
period, when necessary to qualify for benefit rights, may be	8741
considered to be a qualifying week. The number of qualifying weeks	8742
which may be established in a calendar quarter shall not exceed	8743
the number of calendar weeks in the quarter.	8744

(2) "Average weekly wage" means the amount obtained by	8745
dividing an individual's total remuneration for all qualifying	8746
weeks during the base period by the number of such qualifying	8747
weeks, provided that if the computation results in an amount that	8748
is not a multiple of one dollar, such amount shall be rounded to	8749
the next lower multiple of one dollar.	8750

(P) "Weekly benefit amount" means the amount of benefits an	8751
individual would be entitled to receive for one week of total	8752
unemployment.	8753

(Q)(1) "Base period" means the first four of the last five	8754
completed calendar quarters immediately preceding the first day of	8755
an individual's benefit year, except as provided in division	8756
(Q)(2) of this section.	8757

(2) If an individual does not have sufficient qualifying	8758
weeks and wages in the base period to qualify for benefit rights,	8759
the individual's base period shall be the four most recently	8760
completed calendar quarters preceding the first day of the	8761
individual's benefit year. Such base period shall be known as the	8762
"alternate base period." If information as to weeks and wages for	8763
the most recent quarter of the alternate base period is not	8764
available to the director from the regular quarterly reports of	8765
wage information, which are systematically accessible, the	8766
director may, consistent with the provisions of section 4141.28 of	8767
the Revised Code, base the determination of eligibility for	8768
benefits on the affidavit of the claimant with respect to weeks	8769
and wages for that calendar quarter. The claimant shall furnish	8770
payroll documentation, where available, in support of the	8771
affidavit. The determination based upon the alternate base period	8772
as it relates to the claimant's benefit rights, shall be amended	8773
when the quarterly report of wage information from the employer is	8774
timely received and that information causes a change in the	8775
determination. As provided in division (B) of section 4141.28 of	8776
the Revised Code, any benefits paid and charged to an employer's	8777
account, based upon a claimant's affidavit, shall be adjusted	8778
effective as of the beginning of the claimant's benefit year. No	8779
calendar quarter in a base period or alternate base period shall	8780
be used to establish a subsequent benefit year.	8781

(3) The "base period" of a combined wage claim, as described	8782
in division (H) of section 4141.43 of the Revised Code, shall be	8783
the base period prescribed by the law of the state in which the	8784
claim is allowed.	8785

(4) For purposes of determining the weeks that comprise a	8786
completed calendar quarter under this division, only those weeks	8787
ending at midnight Saturday within the calendar quarter shall be	8788
utilized.	8789

(R)(1) "Benefit year" with respect to an individual means the	8790
fifty-two week period beginning with the first day of that week	8791
with respect to which the individual first files a valid	8792
application for determination of benefit rights, and thereafter	8793
the fifty-two week period beginning with the first day of that	8794
week with respect to which the individual next files a valid	8795
application for determination of benefit rights after the	8796
termination of the individual's last preceding benefit year,	8797
except that the application shall not be considered valid unless	8798
the individual has had employment in six weeks that is subject to	8799
this chapter or the unemployment compensation act of another	8800
state, or the United States, and has, since the beginning of the	8801
individual's previous benefit year, in the employment earned three	8802
times the average weekly wage determined for the previous benefit	8803
year. The "benefit year" of a combined wage claim, as described in	8804
division (H) of section 4141.43 of the Revised Code, shall be the	8805
benefit year prescribed by the law of the state in which the claim	8806
is allowed. Any application for determination of benefit rights	8807
made in accordance with section 4141.28 of the Revised Code is	8808
valid if the individual filing such application is unemployed, has	8809
been employed by an employer or employers subject to this chapter	8810
in at least twenty qualifying weeks within the individual's base	8811
period, and has earned or been paid remuneration at an average	8812
weekly wage of not less than twenty-seven and one-half per cent of	8813
the statewide average weekly wage for such weeks. For purposes of	8814
determining whether an individual has had sufficient employment	8815
since the beginning of the individual's previous benefit year to	8816
file a valid application, "employment" means the performance of	8817
services for which remuneration is payable.	8818

(2) Effective for benefit years beginning on and after	8819
December 26, 2004, any application for determination of benefit	8820
rights made in accordance with section 4141.28 of the Revised Code	8821
is valid if the individual satisfies the criteria described in	8822
division (R)(1) of this section, and if the reason for the	8823
individual's separation from employment is not disqualifying	8824
pursuant to division (D)(2) of section 4141.29 or section 4141.291	8825
of the Revised Code. A disqualification imposed pursuant to	8826
division (D)(2) of section 4141.29 or section 4141.291 of the	8827
Revised Code must be removed as provided in those sections as a	8828
requirement of establishing a valid application for benefit years	8829
beginning on and after December 26, 2004.	8830

(3) The statewide average weekly wage shall be calculated by	8831
the director once a year based on the twelve-month period ending	8832
the thirtieth day of June, as set forth in division (B)(3) of	8833
section 4141.30 of the Revised Code, rounded down to the nearest	8834
dollar. Increases or decreases in the amount of remuneration	8835
required to have been earned or paid in order for individuals to	8836
have filed valid applications shall become effective on Sunday of	8837
the calendar week in which the first day of January occurs that	8838
follows the twelve-month period ending the thirtieth day of June	8839
upon which the calculation of the statewide average weekly wage	8840
was based.	8841

(4) As used in this division, an individual is "unemployed"	8842
if, with respect to the calendar week in which such application is	8843
filed, the individual is "partially unemployed" or "totally	8844
unemployed" as defined in this section or if, prior to filing the	8845
application, the individual was separated from the individual's	8846
most recent work for any reason which terminated the individual's	8847
employee-employer relationship, or was laid off indefinitely or	8848
for a definite period of seven or more days.	8849

(S) "Calendar quarter" means the period of three consecutive	8850
calendar months ending on the thirty-first day of March, the	8851
thirtieth day of June, the thirtieth day of September, and the	8852
thirty-first day of December, or the equivalent thereof as the	8853
director prescribes by rule.	8854

(T) "Computation date" means the first day of the third	8855
calendar quarter of any calendar year.	8856

(U) "Contribution period" means the calendar year beginning	8857
on the first day of January of any year.	8858

(V) "Agricultural labor," for the purpose of this division,	8859
means any service performed prior to January 1, 1972, which was	8860
agricultural labor as defined in this division prior to that date,	8861
and service performed after December 31, 1971:	8862

(1) On a farm, in the employ of any person, in connection	8863
with cultivating the soil, or in connection with raising or	8864
harvesting any agricultural or horticultural commodity, including	8865
the raising, shearing, feeding, caring for, training, and	8866
management of livestock, bees, poultry, and fur-bearing animals	8867
and wildlife;	8868

(2) In the employ of the owner or tenant or other operator of	8869
a farm in connection with the operation, management, conservation,	8870
improvement, or maintenance of such farm and its tools and	8871
equipment, or in salvaging timber or clearing land of brush and	8872
other debris left by hurricane, if the major part of such service	8873
is performed on a farm;	8874

(3) In connection with the production or harvesting of any	8875
commodity defined as an agricultural commodity in section 15 (g)	8876
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	8877
U.S.C. 1141j, as amended, or in connection with the ginning of	8878
cotton, or in connection with the operation or maintenance of	8879
ditches, canals, reservoirs, or waterways, not owned or operated	8880
for profit, used exclusively for supplying and storing water for	8881
farming purposes;	8882

(4) In the employ of the operator of a farm in handling,	8883
planting, drying, packing, packaging, processing, freezing,	8884
grading, storing, or delivering to storage or to market or to a	8885
carrier for transportation to market, in its unmanufactured state,	8886
any agricultural or horticultural commodity, but only if the	8887
operator produced more than one half of the commodity with respect	8888
to which such service is performed;	8889

(5) In the employ of a group of operators of farms, or a	8890
cooperative organization of which the operators are members, in	8891
the performance of service described in division (V)(4) of this	8892
section, but only if the operators produced more than one-half of	8893
the commodity with respect to which the service is performed;	8894

(6) Divisions (V)(4) and (5) of this section shall not be	8895
deemed to be applicable with respect to service performed:	8896

(a) In connection with commercial canning or commercial	8897
freezing or in connection with any agricultural or horticultural	8898
commodity after its delivery to a terminal market for distribution	8899
for consumption; or	8900

(b) On a farm operated for profit if the service is not in	8901
the course of the employer's trade or business.	8902

As used in division (V) of this section, "farm" includes	8903
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	8904
plantations, ranches, nurseries, ranges, greenhouses, or other	8905
similar structures used primarily for the raising of agricultural	8906
or horticultural commodities and orchards.	8907

(W) "Hospital" means an institution which has been registered	8908
or licensed by the Ohio department of health as a hospital.	8909

(X) "Nonprofit organization" means an organization, or group	8910
of organizations, described in section 501(c)(3) of the "Internal	8911
Revenue Code of 1954," and exempt from income tax under section	8912
501(a) of that code.	8913

(Y) "Institution of higher education" means a public or	8914
nonprofit educational institution, including an educational	8915
institution operated by an Indian tribe, which:	8916

(1) Admits as regular students only individuals having a	8917
certificate of graduation from a high school, or the recognized	8918
equivalent;	8919

(2) Is legally authorized in this state or by the Indian	8920
tribe to provide a program of education beyond high school; and	8921

(3) Provides an educational program for which it awards a	8922
bachelor's or higher degree, or provides a program which is	8923
acceptable for full credit toward such a degree, a program of	8924
post-graduate or post-doctoral studies, or a program of training	8925
to prepare students for gainful employment in a recognized	8926
occupation.	8927

For the purposes of this division, all colleges and	8928
universities in this state are institutions of higher education.	8929

(Z) For the purposes of this chapter, "states" includes the	8930
District of Columbia, the Commonwealth of Puerto Rico, and the	8931
Virgin Islands.	8932

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	8933
this section, an individual who is an alien admitted to the United	8934
States to perform service in agricultural labor pursuant to	8935
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	8936
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	8937

(BB)(1) "Crew leader" means an individual who furnishes	8938
individuals to perform agricultural labor for any other employer	8939
or farm operator, and:	8940

(a) Pays, either on the individual's own behalf or on behalf	8941
of the other employer or farm operator, the individuals so	8942
furnished by the individual for the service in agricultural labor	8943
performed by them;	8944

(b) Has not entered into a written agreement with the other	8945
employer or farm operator under which the agricultural worker is	8946
designated as in the employ of the other employer or farm	8947
operator.	8948

(2) For the purposes of this chapter, any individual who is a	8949
member of a crew furnished by a crew leader to perform service in	8950
agricultural labor for any other employer or farm operator shall	8951
be treated as an employee of the crew leader if:	8952

(a) The crew leader holds a valid certificate of registration	8953
under the "Farm Labor Contractor Registration Act of 1963," 90	8954
Stat. 2668, 7 U.S.C. 2041; or	8955

(b) Substantially all the members of the crew operate or	8956
maintain tractors, mechanized harvesting or crop-dusting	8957
equipment, or any other mechanized equipment, which is provided by	8958
the crew leader; and	8959

(c) If the individual is not in the employment of the other	8960
employer or farm operator within the meaning of division (B)(1) of	8961
this section.	8962

(3) For the purposes of this division, any individual who is	8963
furnished by a crew leader to perform service in agricultural	8964
labor for any other employer or farm operator and who is not	8965
treated as in the employment of the crew leader under division	8966
(BB)(2) of this section shall be treated as the employee of the	8967
other employer or farm operator and not of the crew leader. The	8968
other employer or farm operator shall be treated as having paid	8969
cash remuneration to the individual in an amount equal to the	8970
amount of cash remuneration paid to the individual by the crew	8971
leader, either on the crew leader's own behalf or on behalf of the	8972
other employer or farm operator, for the service in agricultural	8973
labor performed for the other employer or farm operator.	8974

(CC) "Educational institution" means an institution other	8975
than an institution of higher education as defined in division (Y)	8976
of this section, including an educational institution operated by	8977
an Indian tribe, which:	8978

(1) Offers participants, trainees, or students an organized	8979
course of study or training designed to transfer to them	8980
knowledge, skills, information, doctrines, attitudes, or abilities	8981
from, by, or under the guidance of an instructor or teacher; and	8982

(2) Is approved, chartered, or issued a permit to operate as	8983
a school by the state board of education, other government agency,	8984
or Indian tribe that is authorized within the state to approve,	8985
charter, or issue a permit for the operation of a school.	8986

For the purposes of this division, the courses of study or	8987
training which the institution offers may be academic, technical,	8988
trade, or preparation for gainful employment in a recognized	8989
occupation.	8990

(DD) "Cost savings day" means any unpaid day off from work in	8991
which employees continue to accrue employee benefits which have a	8992
determinable value including, but not limited to, vacation,	8993
pension contribution, sick time, and life and health insurance.	8994

Sec. 4141.09. (A) There is hereby created an unemployment	8995
compensation fund to be administered by the state without	8996
liability on the part of the state beyond the amounts paid into	8997
the fund and earned by the fund. The unemployment compensation	8998
fund shall consist of all contributions, payments in lieu of	8999
contributions described in sections 4141.241 and 4141.242 of the	9000
Revised Code, reimbursements of the federal share of extended	9001
benefits described in section 4141.301 of the Revised Code,	9002
collected under sections 4141.01 to 4141.56 of the Revised Code,	9003
and the amount required under division (A)(4) of section 4141.35	9004
of the Revised Code, together with all interest earned upon any	9005
moneys deposited with the secretary of the treasury of the United	9006
States to the credit of the account of this state in the	9007
unemployment trust fund established and maintained pursuant to	9008
section 904 of the "Social Security Act," any property or	9009
securities acquired through the use of moneys belonging to the	9010
fund, and all earnings of such property or securities. The	9011
unemployment compensation fund shall be used to pay benefits,	9012
shared work compensation as defined in section 4141.50 of the	9013
Revised Code, and refunds as provided by such sections and for no	9014
other purpose.	9015

(B) The treasurer of state shall be the custodian of the	9016
unemployment compensation fund and shall administer such fund in	9017
accordance with the directions of the director of job and family	9018
services. All disbursements therefrom shall be paid by the	9019
treasurer of state on warrants drawn by the director. Such	9020
warrants may bear the facsimile signature of the director printed	9021
thereon and that of a deputy or other employee of the director	9022
charged with the duty of keeping the account of the unemployment	9023
compensation fund and with the preparation of warrants for the	9024
payment of benefits to the persons entitled thereto. Moneys in the	9025
clearing and benefit accounts shall not be commingled with other	9026
state funds, except as provided in division (C) of this section,	9027
but shall be maintained in separate accounts on the books of the	9028
depositary bank. Such money shall be secured by the depositary	9029
bank to the same extent and in the same manner as required by	9030
sections 135.01 to 135.21 of the Revised Code; and collateral	9031
pledged for this purpose shall be kept separate and distinct from	9032
any collateral pledged to secure other funds of this state. All	9033
sums recovered for losses sustained by the unemployment	9034
compensation fund shall be deposited therein. The treasurer of	9035
state shall be liable on the treasurer's official bond for the	9036
faithful performance of the treasurer's duties in connection with	9037
the unemployment compensation fund, such liability to exist in	9038
addition to any liability upon any separate bond.	9039

(C) The treasurer of state shall maintain within the	9040
unemployment compensation fund three separate accounts which shall	9041
be a clearing account, a trust fund account, and a benefit	9042
account. All moneys payable to the unemployment compensation fund,	9043
upon receipt by the director, shall be forwarded to the treasurer	9044
of state, who shall immediately deposit them in the clearing	9045
account. Refunds of contributions, or payments in lieu of	9046
contributions, payable pursuant to division (E) of this section	9047
may be paid from the clearing account upon warrants signed by a	9048
deputy or other employee of the director charged with the duty of	9049
keeping the record of the clearing account and with the	9050
preparation of warrants for the payment of refunds to persons	9051
entitled thereto. After clearance thereof, all moneys in the	9052
clearing account shall be deposited with the secretary of the	9053
treasury of the United States to the credit of the account of this	9054
state in the unemployment trust fund established and maintained	9055
pursuant to section 904 of the "Social Security Act," in	9056
accordance with requirements of the "Federal Unemployment Tax	9057
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law	9058
in this state relating to the deposit, administration, release, or	9059
disbursement of moneys in the possession or custody of this state	9060
to the contrary notwithstanding. The benefit account shall consist	9061
of all moneys requisitioned from this state's account in the	9062
unemployment trust fund. Federal funds may be deposited, at the	9063
director's discretion, into the benefit account. Any funds	9064
deposited into the benefit account shall be disbursed solely for	9065
payment of benefits under a federal program administered by this	9066
state and for no other purpose. Moneys in the clearing and benefit	9067
accounts may be deposited by the treasurer of state, under the	9068
direction of the director, in any bank or public depositary in	9069
which general funds of the state may be deposited, but no public	9070
deposit insurance charge or premium shall be paid out of the fund.	9071

(D) Moneys shall be requisitioned from this state's account	9072
in the unemployment trust fund solely for the payment of benefits	9073
and in accordance with regulations prescribed by the director. The	9074
director shall requisition from the unemployment trust fund such	9075
amounts, not exceeding the amount standing to this state's account	9076
therein, as are deemed necessary for the payment of benefits for a	9077
reasonable future period. Upon receipt thereof, the treasurer of	9078
state shall deposit such moneys in the benefit account.	9079
Expenditures of such money in the benefit account and refunds from	9080
the clearing account shall not require specific appropriations or	9081
other formal release by state officers of money in their custody.	9082
Any balance of moneys requisitioned from the unemployment trust	9083
fund which remains unclaimed or unpaid in the benefit account	9084
after the expiration of the period for which such sums were	9085
requisitioned shall either be deducted from estimates for and may	9086
be utilized for the payment of benefits during succeeding periods,	9087
or, in the discretion of the director, shall be redeposited with	9088
the secretary of the treasury of the United States to the credit	9089
of this state's account in the unemployment trust fund, as	9090
provided in division (C) of this section. Unclaimed or unpaid	9091
federal funds redeposited with the secretary of the treasury of	9092
the United States shall be credited to the appropriate federal	9093
account.	9094

(E) No claim for an adjustment or a refund on contribution,	9095
payment in lieu of contributions, interest, or forfeiture alleged	9096
to have been erroneously or illegally assessed or collected, or	9097
alleged to have been collected without authority, and no claim for	9098
an adjustment or a refund of any sum alleged to have been	9099
excessive or in any manner wrongfully collected shall be allowed	9100
unless an application, in writing, therefor is made within four	9101
years from the date on which such payment was made. If the	9102
director determines that such contribution, payment in lieu of	9103
contributions, interest, or forfeiture, or any portion thereof,	9104
was erroneously collected, the director shall allow such employer	9105
to make an adjustment thereof without interest in connection with	9106
subsequent contribution payments, or payments in lieu of	9107
contributions, by the employer, or the director may refund said	9108
amount, without interest, from the clearing account of the	9109
unemployment compensation fund, except as provided in division (B)	9110
of section 4141.11 of the Revised Code. For like cause and within	9111
the same period, adjustment or refund may be so made on the	9112
director's own initiative. An overpayment of contribution, payment	9113
in lieu of contributions, interest, or forfeiture for which an	9114
employer has not made application for refund prior to the date of	9115
sale of the employer's business shall accrue to the employer's	9116
successor in interest.	9117

An application for an adjustment or a refund, or any portion	9118
thereof, that is rejected is binding upon the employer unless,	9119
within thirty days after the mailing of a written notice of	9120
rejection to the employer's last known address, or, in the absence	9121
of mailing of such notice, within thirty days after the delivery	9122
of such notice, the employer files an application for a review and	9123
redetermination setting forth the reasons therefor. The director	9124
shall promptly examine the application for review and	9125
redetermination, and if a review is granted, the employer shall be	9126
promptly notified thereof, and shall be granted an opportunity for	9127
a prompt hearing.	9128

(F) If the director finds that contributions have been paid	9129
to the director in error, and that such contributions should have	9130
been paid to a department of another state or of the United States	9131
charged with the administration of an unemployment compensation	9132
law, the director may upon request by such department or upon the	9133
director's own initiative transfer to such department the amount	9134
of such contributions, less any benefits paid to claimants whose	9135
wages were the basis for such contributions. The director may	9136
request and receive from such department any contributions or	9137
adjusted contributions paid in error to such department which	9138
should have been paid to the director.	9139

(G) In accordance with section 303(c)(3) of the Social	9140
Security Act, and section 3304(a)(17) of the Internal Revenue Code	9141
of 1954 for continuing certification of Ohio unemployment	9142
compensation laws for administrative grants and for tax credits,	9143
any interest required to be paid on advances under Title XII of	9144
the Social Security Act shall be paid in a timely manner and shall	9145
not be paid, directly or indirectly, by an equivalent reduction in	9146
the Ohio unemployment taxes or otherwise, by the state from	9147
amounts in the unemployment compensation fund.	9148

(H) ~~The treasurer of state, under the direction of the~~	9149
~~director and in accordance with the "Cash Management Improvement~~	9150
~~Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit~~	9151
~~amounts of interest earned by the state on funds in the benefit~~	9152
~~account established pursuant to division (C) of this section into~~	9153
~~the department of job and family services banking fees fund, which~~	9154
~~is hereby created in the state treasury for the purpose of paying~~	9155
~~related banking costs incurred by the state for the period for~~	9156
~~which the interest is calculated, except that if the deposited~~	9157
~~interest exceeds the banking costs incurred by the state for the~~	9158
~~period for which the interest is calculated, the treasurer of~~	9159
~~state shall deposit the excess interest into the unemployment~~	9160
~~trust fund.~~	9161

~~(I)~~ The treasurer of state, under the direction of the	9162
director, shall deposit federal funds received by the director for	9163
training and administration and for payment of benefits, job	9164
search, relocation, transportation, and subsistence allowances	9165
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	9166
2101, as amended; the "North American Free Trade Agreement	9167
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as	9168
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.	9169
3801, as amended, into the Trade Act training and administration	9170
account, which is hereby created for the purpose of making	9171
payments specified under those acts. The treasurer of state, under	9172
the direction of the director, may transfer funds from the Trade	9173
Act training and administration account to the benefit account for	9174
the purpose of making any payments directly to claimants for	9175
benefits, job search, relocation, transportation, and subsistence	9176
allowances, as specified by those acts.	9177

Sec. 4141.11. There is hereby created in the state treasury	9178
the unemployment compensation special administrative fund. The	9179
fund shall consist of all interest collected on delinquent	9180
contributions pursuant to this chapter, all fines and forfeitures	9181
collected under this chapter, all money received from the sale of	9182
real property under section 4141.131 of the Revised Code, the	9183
amount required under division (A)(4) of section 4141.35 of the	9184
Revised Code, and all court costs and interest paid or collected	9185
in connection with the repayment of fraudulently obtained benefits	9186
pursuant to section 4141.35 of the Revised Code. All interest	9187
earned on the money in the fund shall be retained in the fund and	9188
shall not be credited or transferred to any other fund or account,	9189
except as provided in division (B) of this section. All moneys	9190
which are deposited or paid into this fund may be used by:	9191

(A) The director of job and family services whenever it	9192
appears that such use is necessary for:	9193

(1) The proper administration of this chapter and no federal	9194
funds are available for the specific purpose for which the	9195
expenditure is to be made, provided the moneys are not substituted	9196
for appropriations from federal funds, which in the absence of	9197
such moneys would be available;	9198

(2) The proper administration of this chapter for which	9199
purpose appropriations from federal funds have been requested and	9200
approved but not received, provided the fund would be reimbursed	9201
upon receipt of the federal appropriation;	9202

(3) To the extent possible, the repayment to the unemployment	9203
compensation administration fund of moneys found by the proper	9204
agency of the United States to have been lost or expended for	9205
purposes other than, or an amount in excess of, those found	9206
necessary by the proper agency of the United States for the	9207
administration of this chapter.	9208

(B) The director or the director's deputy whenever it appears	9209
that such use is necessary for the payment of refunds or	9210
adjustments of interest, fines, forfeitures, or court costs	9211
erroneously collected and paid into this fund pursuant to this	9212
chapter.	9213

(C) The director, to pay state disaster unemployment benefits	9214
pursuant to section 4141.292 of the Revised Code.	9215

(D) The director, to pay any costs attributable to the	9216
director that are associated with the sale of real property under	9217
section 4141.131 of the Revised Code.	9218

Whenever the balance in the unemployment compensation special	9219
administrative fund is considered to be excessive by the director,	9220
the director shall request the director of budget and management	9221
to transfer to the unemployment compensation fund the amount	9222
considered to be excessive. Any balance in the unemployment	9223
compensation special administrative fund shall not lapse at any	9224
time, but shall be continuously available to the director of job	9225
and family services for expenditures consistent with this chapter.	9226

Sec. 4141.131. ~~(A)~~ The director of job and family services	9227
may enter into contracts for the sale of real property no longer	9228
needed by the director for the operations of the director under	9229
this title. Any costs attributable to the director that are	9230
associated with the sale of real property under this section shall	9231
be paid out of the unemployment compensation special	9232
administrative fund established pursuant to section 4141.11 of the	9233
Revised Code. The director shall submit a report summarizing the	9234
use of that fund for the purpose of this section at least annually	9235
to the unemployment compensation advisory council as prescribed by	9236
the council.	9237

~~(B)(1) Earnest moneys from the sale of real property pursuant~~	9238
~~to division (A) of this section shall be deposited into the~~	9239
~~department of job and family services building consolidation fund,~~	9240
~~which is hereby created in the state treasury. The balance of the~~	9241
~~purchase price shall be deposited into the department of job and~~	9242
~~family services building enhancement fund, which is hereby created~~	9243
~~in the state treasury. The building enhancement fund shall retain~~	9244
~~its own interest. Upon completion of the sale and the request of~~	9245
~~the director, the treasurer of state shall transfer the earnest~~	9246
~~moneys in the building consolidation fund into the building~~	9247
~~enhancement fund. The director shall use the interest earned on~~	9248
~~the moneys in the building enhancement fund only in accordance~~	9249
~~with division (C) of this section.~~	9250

~~(2) The director shall deposit sufficient moneys from the~~	9251
~~sale of real property pursuant to division (A) of this section~~	9252
~~into the unemployment compensation special administrative fund to~~	9253
~~reimburse the fund for all costs associated with the sale of that~~	9254
~~real property.~~	9255

~~(C) The director shall use the moneys in the building~~	9256
~~enhancement fund from the sale of real property pursuant to~~	9257
~~division (A) of this section, less the costs of the sale as~~	9258
~~specified in division (B)(2) of this section, in accordance with~~	9259
~~the provisions and requirements of the "Social Security Act," 49~~	9260
~~Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the~~	9261
~~instructions of the United States department of labor, to improve~~	9262
~~buildings owned by or under the control of the director. If the~~	9263
~~director determines that there are no buildings for which money in~~	9264
~~the building enhancement fund may be used, the money shall be~~	9265
~~returned to the United States department of labor.~~	9266

~~(D)~~ The auditor of state, with the assistance of the attorney	9267
general, shall prepare a deed to the real property being sold upon	9268
notice from the director that a contract for the sale of that	9269
property has been executed in accordance with this section. The	9270
deed shall state the consideration and any conditions placed upon	9271
the sale. The deed shall be executed by the governor in the name	9272
of the state, countersigned by the secretary of state, sealed with	9273
the great seal of the state, presented in the office of the	9274
auditor of state for recording, and delivered to the buyer upon	9275
payment of the balance of the purchase price.	9276

The buyer shall present the deed for recording in the county	9277
recorder's office of the county in which the real property is	9278
located.	9279

Sec. 4141.20. (A) Every employer, including those not	9280
otherwise subject to this chapter, shall furnish the director of	9281
job and family services upon request all information required by	9282
the director to carry out the requirements of this chapter. Every	9283
employer receiving from the director any blank with direction to	9284
fill it out shall cause it to be properly filled out, in the	9285
manner prescribed by the director, so as to answer fully and	9286
correctly all questions therein propounded, and shall furnish all	9287
the information therein sought, or, if unable to do so, that	9288
employer shall give the director in writing good and sufficient	9289
reason for such failure.	9290

The director may require that such information be verified	9291
under oath and returned to the director within the period fixed by	9292
the director or by law. The director or any person employed by the	9293
director for that purpose may examine under oath any such	9294
employer, or the officer, agent, or employee of that employer, for	9295
the purpose of ascertaining any information that the employer is	9296
required by this chapter to furnish to the director. ~~Any employer~~	9297
~~who fails to furnish information as is required by the director~~	9298
~~under authority of this section shall forfeit five hundred dollars~~	9299
~~to be collected in a civil action brought against the employer in~~	9300
~~the name of the state.~~	9301

(B) ~~Effective with the calendar quarter beginning April 1,~~	9302
~~1987, every contributory employer shall file a quarterly~~	9303
~~contribution report and a quarterly report of wages. The quarterly~~	9304
~~reports shall be filed no later than the last day of the first~~	9305
~~month following the close of the calendar quarter for which the~~	9306
~~quarterly reports are being filed. The employer shall enter on the~~	9307
~~quarterly contribution report the total and taxable remuneration~~	9308
~~paid to all employees during the quarter. The employer shall enter~~	9309
~~on the quarterly report of wages the name and social security~~	9310
~~number of each individual employed during the calendar quarter,~~	9311
~~the total remuneration paid the individual, the number of weeks~~	9312
~~during the quarter for which the individual was paid remuneration,~~	9313
~~and any other information as required by section 1137 of the~~	9314
~~"Social Security Act."~~	9315

~~Effective until the calendar quarter beginning January 1,~~	9316
~~1993, in case of failure to file the quarterly contribution report~~	9317
~~or the report of wages containing all the required contribution~~	9318
~~and wage information within the time prescribed by this section,~~	9319
~~there shall be assessed a forfeiture amounting to ten per cent of~~	9320
~~the contributions due; provided such forfeiture shall not be less~~	9321
~~than twenty-five nor more than two hundred fifty dollars. The~~	9322
~~director may waive the forfeiture only with respect to the report~~	9323
~~of wages, and the waiver may be approved only if the employer~~	9324
~~shows good cause for failure to file the required information.~~	9325

~~Effective with the calendar quarter beginning January 1,~~	9326
~~1993, in case of failure to file the quarterly contribution report~~	9327
~~containing all the required information within the time prescribed~~	9328
~~by this section, there shall be assessed a forfeiture amounting to~~	9329
~~twenty-five one-hundredths of one per cent of the total~~	9330
~~remuneration paid by the employer, provided such forfeiture shall~~	9331
~~not be less than thirty nor more than five hundred dollars per~~	9332
~~quarterly contribution report. The director may waive the~~	9333
~~forfeiture only if the employer provides to the director a written~~	9334
~~statement showing good cause for failure to file the required~~	9335
~~quarterly contribution report.~~	9336

~~Effective with the calendar quarter beginning January 1,~~	9337
~~1993, in case of failure to file the quarterly report of wages~~	9338
~~containing all the required information within the time prescribed~~	9339
~~by this section, there shall be assessed a forfeiture amounting to~~	9340
~~twenty-five one-hundredths of one per cent of the total~~	9341
~~remuneration paid by the employer, provided such forfeiture shall~~	9342
~~be not less than thirty nor more than five hundred dollars per~~	9343
~~quarterly report of wages. The director may waive the forfeiture~~	9344
~~only if the employer provides to the director a written statement~~	9345
~~showing good cause for failure to file the required quarterly~~	9346
~~report of wages.~~	9347

~~(C) Effective with the calendar quarter beginning April 1,~~	9348
~~1987, every employer liable for payments in lieu of contributions~~	9349
~~shall file a quarterly payroll report and a quarterly report of~~	9350
~~wages. The employer shall file the quarterly reports no later than~~	9351
~~the last day of the first month following the close of the~~	9352
~~calendar quarter for which the quarterly reports are being filed.~~	9353
~~The employer shall enter on the quarterly payroll report the total~~	9354
~~remuneration paid to all employees during the quarter and the~~	9355
~~total wages that would have been taxable had the employer been~~	9356
~~subject to contributions. The employer shall enter on the~~	9357
~~quarterly report of wages the name and social security number of~~	9358
~~each individual employed during the calendar quarter, the total~~	9359
~~remuneration paid the individual, the number of weeks during the~~	9360
~~quarter for which the individual was paid remuneration, and any~~	9361
~~other information as required by section 1137 of the "Social~~	9362
~~Security Act."~~	9363

~~Effective until the calendar quarter beginning January 1,~~	9364
~~1993, in case of failure to file the quarterly payroll report or~~	9365
~~the report of wages containing all of the required payroll or wage~~	9366
~~information within the time prescribed by this section, the~~	9367
~~employer shall be assessed a forfeiture of twenty-five dollars per~~	9368
~~report. The director may waive the forfeiture only with respect to~~	9369
~~the report of wages, and such waiver may be approved only if the~~	9370
~~employer shows good cause for failure to file the required~~	9371
~~information.~~	9372

~~Effective with the calendar quarter beginning January 1,~~	9373
~~1993, in case of failure to file the quarterly payroll report~~	9374
~~containing all the required wage information within the time~~	9375
~~prescribed by this section, the employer shall be assessed a~~	9376
~~forfeiture amounting to twenty-five one-hundredths of one per cent~~	9377
~~of the total remuneration paid by the employer, provided such~~	9378
~~forfeiture shall not be less than thirty nor more than five~~	9379
~~hundred dollars per quarterly payroll report. The director may~~	9380
~~waive the forfeiture only if the employer provides to the director~~	9381
~~a written statement showing good cause for failure to file the~~	9382
~~required quarterly payroll report.~~	9383

~~Effective with the calendar quarter beginning January 1,~~	9384
~~1993, in case of failure to file the quarterly report of wages~~	9385
~~containing all the required information within the time prescribed~~	9386
~~by this section, there shall be assessed a forfeiture amounting to~~	9387
~~twenty-five one-hundredths of one per cent of the total~~	9388
~~remuneration paid by the employer, provided such forfeiture shall~~	9389
~~be not less than thirty nor more than five hundred dollars per~~	9390
~~quarterly report of wages. The director may waive the forfeiture~~	9391
~~only if the employer provides to the director a written statement~~	9392
~~showing good cause for failure to file the required quarterly~~	9393
~~report of wages.~~	9394

~~(D) Effective with the calendar quarter beginning January 1,~~	9395
~~2002, every~~Every contributory employer shall file a quarterly	9396
contribution and wage report. The quarterly report shall be filed	9397
not later than the last day of the first month following the close	9398
of the calendar quarter for which the quarterly report is being	9399
filed. The employer shall enter on the quarterly report the total	9400
and taxable remuneration paid to all employees during the quarter,	9401
the name and social security number of each individual employed	9402
during the calendar quarter, the total remuneration paid the	9403
individual, the number of weeks during the quarter for which the	9404
individual was paid remuneration, and any other information as	9405
required by section 1137 of the "Social Security Act."	9406

~~Effective with the calendar quarter beginning January 1,~~	9407
~~2002, in~~In case of failure to properly file the quarterly	9408
contribution and wage report containing all the required	9409
contribution and wage information within the time prescribed by	9410
this section, the director shall assess a forfeiture amounting to	9411
twenty-five one-hundredths of one per cent of the total	9412
remuneration reported by the employer, provided such forfeiture	9413
shall not be less than fifty nor more than one thousand dollars.	9414

~~(E) Effective with the calendar quarter beginning January 1,~~	9415
~~2002, every~~(C) Every employer liable for payments in lieu of	9416
contributions shall file a quarterly payroll and wage report. The	9417
quarterly report shall be filed not later than the last day of the	9418
first month following the close of the calendar quarter for which	9419
the quarterly report is being filed. The employer shall enter on	9420
the quarterly report the total remuneration paid to all employees	9421
during the quarter, the total wages that would have been taxable	9422
had the employer been subject to contributions, the name and	9423
social security number of each individual employed during the	9424
calendar quarter, the total remuneration paid the individual, the	9425
number of weeks during the quarter for which the individual was	9426
paid remuneration, and any other information as required by	9427
section 1137 of the "Social Security Act."	9428

~~Effective with the calendar quarter beginning January 1,~~	9429
~~2002, in~~In case of failure to properly file the quarterly payroll	9430
and wage report containing all the required payroll and wage	9431
information within the time prescribed by this section, the	9432
director shall assess a forfeiture amounting to twenty-five	9433
one-hundredths of one per cent of the total remuneration reported	9434
by the employer, provided such forfeiture shall not be less than	9435
fifty nor more than one thousand dollars.	9436

~~(F)~~(D) The director may waive a forfeiture assessed under	9437
division ~~(D)~~(B) or ~~(E)~~(C) of this section if the employer provides	9438
to the director, within four years after the date the forfeiture	9439
was assessed, a written statement showing good cause for failure	9440
to properly file the required information.	9441

~~(G)~~(E) The director shall furnish the form or forms on which	9442
quarterly reports required under this section are to be submitted,	9443
or the employer may use other methods of reporting, including	9444
electronic information transmission methods, as approved by the	9445
director.	9446

~~(H)~~(F) All forfeitures required by this section shall be paid	9447
into the unemployment compensation special administrative fund as	9448
provided in section 4141.11 of the Revised Code.	9449

Sec. 4141.25. (A) The director of job and family services	9450
shall determine as of each computation date the contribution rate	9451
of each contributing employer subject to this chapter for the next	9452
succeeding contribution period. The director shall determine a	9453
standard rate of contribution or an experience rate for each	9454
contributing employer. Once a rate of contribution has been	9455
established under this section for a contribution period, except	9456
as provided in division (D) of section 4141.26 of the Revised	9457
Code, that rate shall remain effective throughout such	9458
contribution period. The rate of contribution shall be determined	9459
in accordance with the following requirements:	9460

(1) An employer whose experience does not meet the terms of	9461
division (A)(2) of this section shall be assigned a standard rate	9462
of contribution. Effective for contribution periods beginning on	9463
and after January 1, 1998, an employer's standard rate of	9464
contribution shall be a rate of two and seven-tenths per cent,	9465
except that the rate for employers engaged in the construction	9466
industry shall be the average contribution rate computed for the	9467
construction industry or a rate of two and seven-tenths per cent,	9468
whichever is greater. The standard rate set forth in this division	9469
shall be applicable to a nonprofit organization whose election to	9470
make payments in lieu of contributions is voluntarily terminated	9471
or canceled by the director under section 4141.241 of the Revised	9472
Code, and thereafter pays contributions as required by this	9473
section. If such nonprofit organization had been a contributory	9474
employer prior to its election to make payments in lieu of	9475
contributions, then any prior balance in the contributory account	9476
shall become part of the reactivated account.	9477

As used in division (A) of this section, "the average	9478
contribution rate computed for the construction industry" means	9479
the most recent annual average rate attributable to the	9480
construction industry as prescribed by the director.	9481

(2) A contributing employer subject to this chapter shall	9482
qualify for an experience rate only if there have been four	9483
consecutive quarters, ending on the thirtieth day of June	9484
immediately prior to the computation date, throughout which the	9485
employer's account was chargeable with benefits. Upon meeting the	9486
qualifying requirements provided in division (A)(2) of this	9487
section, the director shall calculate the total credits to each	9488
employer's account consisting of the contributions other than	9489
mutualized contributions including all contributions paid prior to	9490
the computation date for all past periods plus:	9491

(a) The contributions owing on the computation date that are	9492
paid within thirty days after the computation date, and credited	9493
to the employer's account;	9494

(b) All voluntary contributions paid by an employer pursuant	9495
to division (B) of section 4141.24 of the Revised Code.	9496

(3) The director also shall determine the benefits which are	9497
chargeable to each employer's account and which were paid prior to	9498
the computation date with respect to weeks of unemployment ending	9499
prior to the computation date. The director then shall determine	9500
the positive or negative balance of each employer's account by	9501
calculating the excess of such contributions and interest over the	9502
benefits chargeable, or the excess of such benefits over such	9503
contributions and interest. Any resulting negative balance then	9504
shall be subject to adjustment as provided in division (A)(2) of	9505
section 4141.24 of the Revised Code after which the positive or	9506
negative balance shall be expressed in terms of a percentage of	9507
the employer's average annual payroll. If the total standing to	9508
the credit of an employer's account exceeds the total charges, as	9509
provided in this division, the employer has a positive balance and	9510
if such charges exceed such credits the employer has a negative	9511
balance. Each employer's contribution rate shall then be	9512
determined in accordance with the following schedule:	9513

Contribution Rate Schedule	9514

If, as of the computation date		The employer's	9515
the contribution rate balance of		contribution rate for	9516
an employer's account as a		the next succeeding	9517
percentage of the employer's		contribution period	9518
average annual payroll is		shall be	9519
(a)	A negative balance of:		9520
	20.0% or more	6.5%	9521
	19.0% but less than 20.0%	6.4%	9522
	17.0% but less than 19.0%	6.3%	9523
	15.0% but less than 17.0%	6.2%	9524
	13.0% but less than 15.0%	6.1%	9525
	11.0% but less than 13.0%	6.0%	9526
	9.0% but less than 11.0%	5.9%	9527
	5.0% but less than 9.0%	5.7%	9528
	4.0% but less than 5.0%	5.5%	9529
	3.0% but less than 4.0%	5.3%	9530
	2.0% but less than 3.0%	5.1%	9531
	1.0% but less than 2.0%	4.9%	9532
	more than 0.0% but less than 1.0%	4.8%	9533
(b)	A 0.0% or a positive		9534
	balance of less than 1.0%	4.7%	9535
(c)	A positive balance of:		9536
	1.0% or more, but less than 1.5%	4.6%	9537
	1.5% or more, but less than 2.0%	4.5%	9538
	2.0% or more, but less than 2.5%	4.3%	9539
	2.5% or more, but less than 3.0%	4.0%	9540
	3.0% or more, but less than 3.5%	3.8%	9541
	3.5% or more, but less than 4.0%	3.5%	9542
	4.0% or more, but less than 4.5%	3.3%	9543
	4.5% or more, but less than 5.0%	3.0%	9544
	5.0% or more, but less than 5.5%	2.8%	9545
	5.5% or more, but less than 6.0%	2.5%	9546
	6.0% or more, but less than 6.5%	2.2%	9547
	6.5% or more, but less than 7.0%	2.0%	9548
	7.0% or more, but less than 7.5%	1.8%	9549
	7.5% or more, but less than 8.0%	1.6%	9550
	8.0% or more, but less than 8.5%	1.4%	9551
	8.5% or more, but less than 9.0%	1.3%	9552
	9.0% or more, but less than 9.5%	1.1%	9553
	9.5% or more, but less than 10.0%	1.0%	9554
	10.0% or more, but less than 10.5%	.9%	9555
	10.5% or more, but less than 11.0%	.7%	9556
	11.0% or more, but less than 11.5%	.6%	9557
	11.5% or more, but less than 12.0%	.5%	9558
	12.0% or more, but less than 12.5%	.4%	9559
	12.5% or more, but less than 13.0%	.3%	9560
	13.0% or more, but less than 14.0%	.2%	9561
	14.0% or more	.1%	9562

(d) The contribution rates shall be as specified in divisions	9563
(a), (b), and (c) of the contribution rate schedule except that	9564
notwithstanding the amendments made to division (a) of the	9565
contribution rate schedule in this section, if, as of the	9566
computation date: for 1991, the negative balance is 5.0% or more,	9567
the contribution rate shall be 5.7%; for 1992, if the negative	9568
balance is 11.0% or more, the contribution rate shall be 6.0%; and	9569
for 1993, if the negative balance is 17.0% or more, the	9570
contribution rate shall be 6.3%. Thereafter, the contribution	9571
rates shall be as specified in the contribution rate schedule.	9572

(B)(1) The director shall establish and maintain a separate	9573
account to be known as the "mutualized account." As of each	9574
computation date there shall be charged to this account:	9575

(a) As provided in division (A)(2) of section 4141.24 of the	9576
Revised Code, an amount equal to the sum of that portion of the	9577
negative balances of employer accounts which exceeds the	9578
applicable limitations as such balances are computed under	9579
division (A) of this section as of such date;	9580

(b) An amount equal to the sum of the negative balances	9581
remaining in employer accounts which have been closed during the	9582
year immediately preceding such computation date pursuant to	9583
division (E) of section 4141.24 of the Revised Code;	9584

(c) An amount equal to the sum of all benefits improperly	9585
paid preceding such computation date which are not recovered but	9586
which are not charged to an employer's account, or which after	9587
being charged, are credited back to an employer's account;	9588

(d) An amount equal to the sum of any other benefits paid	9589
preceding such computation date which, under this chapter, are not	9590
chargeable to an employer's account;	9591

(e) An amount equal to the sum of any refunds made during the	9592
year immediately preceding such computation date of erroneously	9593
collected mutualized contributions required by this division which	9594
were previously credited to this account;	9595

(f) An amount equal to the sum of any repayments made to the	9596
federal government during the year immediately preceding such	9597
computation date of amounts which may have been advanced by it to	9598
the unemployment compensation fund under section 1201 of the	9599
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;	9600

(g) Any amounts appropriated by the general assembly out of	9601
funds paid by the federal government, under section 903 of the	9602
"Social Security Act," to the account of this state in the federal	9603
unemployment trust fund.	9604

(2) As of every computation date there shall be credited to	9605
the mutualized account provided for in this division:	9606

(a) The proceeds of the mutualized contributions as provided	9607
in this division;	9608

(b) Any positive balances remaining in employer accounts	9609
which are closed as provided in division (E) of section 4141.24 of	9610
the Revised Code;	9611

(c) Any benefits improperly paid which are recovered but	9612
which cannot be credited to an employer's account;	9613

(d) All amounts which may be paid by the federal government	9614
under section 903 of the "Social Security Act" to the account of	9615
this state in the federal unemployment trust fund;	9616

(e) Amounts advanced by the federal government to the account	9617
of this state in the federal unemployment trust fund under section	9618
1201 of the "Social Security Act" to the extent such advances have	9619
been repaid to or recovered by the federal government;	9620

(f) Interest credited to the Ohio unemployment trust fund as	9621
deposited with the secretary of the treasury of the United States;	9622

(g) Amounts deposited into the unemployment compensation fund	9623
for penalties collected pursuant to division (A)(4) of section	9624
4141.35 of the Revised Code.	9625

(3) Annually, as of the computation date, the director shall	9626
determine the total credits and charges made to the mutualized	9627
account during the preceding twelve months and the overall	9628
condition of the account. The director shall issue an annual	9629
statement containing this information and such other information	9630
as the director deems pertinent, including a report that the sum	9631
of the balances in the mutualized account, employers' accounts,	9632
and any subsidiary accounts equal the balance in the state's	9633
unemployment trust fund maintained under section 904 of the	9634
"Social Security Act."	9635

(4) As used in this division:

9636

(a) "Fund as of the computation date" means as of any	9637
computation date, the aggregate amount of the unemployment	9638
compensation fund, including all contributions owing on the	9639
computation date that are paid within thirty days thereafter, all	9640
payments in lieu of contributions that are paid within sixty days	9641
after the computation date, all reimbursements of the federal	9642
share of extended benefits described in section 4141.301 of the	9643
Revised Code that are owing on the computation date, and all	9644
interest earned by the fund and received on or before the	9645
computation date from the federal government.	9646

(b) "Minimum safe level" means an amount equal to two	9647
standard deviations above the average of the adjusted annual	9648
average unemployment compensation benefit payment from 1970 to the	9649
most recent calendar year prior to the computation date, as	9650
determined by the director pursuant to division (B)(4)(b) of this	9651
section. To determine the adjusted annual payment of unemployment	9652
compensation benefits, the director first shall multiply the	9653
number of weeks compensated during each calendar year beginning	9654
with 1970 by the most recent annual average weekly unemployment	9655
compensation benefit payment and then compute the average and	9656
standard deviation of the resultant products.	9657

(c) "Annual average weekly unemployment compensation benefit	9658
payment" means the amount resulting from dividing the unemployment	9659
compensation benefits paid from the benefit account maintained	9660
within the unemployment compensation fund pursuant to section	9661
4141.09 of the Revised Code, by the number of weeks compensated	9662
during the same time period.	9663

(5) If, as of any computation date, the charges to the	9664
mutualized account during the entire period subsequent to the	9665
computation date, July 1, 1966, made in accordance with division	9666
(B)(1) of this section, exceed the credits to such account	9667
including mutualized contributions during such period, made in	9668
accordance with division (B)(2) of this section, the amount of	9669
such excess charges shall be recovered during the next	9670
contribution period. To recover such amount, the director shall	9671
compute the percentage ratio of such excess charges to the average	9672
annual payroll of all employers eligible for an experience rate	9673
under division (A) of this section. The percentage so determined	9674
shall be computed to the nearest tenth of one per cent and shall	9675
be an additional contribution rate to be applied to the wages paid	9676
by each employer whose rate is computed under the provisions of	9677
division (A) of this section in the contribution period next	9678
following such computation date, but such percentage shall not	9679
exceed five-tenths of one per cent; however, when there are any	9680
excess charges in the mutualized account, as computed in this	9681
division, then the mutualized contribution rate shall not be less	9682
than one-tenth of one per cent.	9683

(6) If the fund as of the computation date is above or below	9684
minimum safe level, the contribution rates provided for in each	9685
classification in division (A)(3) of this section for the next	9686
contribution period shall be adjusted as follows:	9687

(a) If the fund is thirty per cent or more above minimum safe	9688
level, the contribution rates provided in division (A)(3) of this	9689
section shall be decreased two-tenths of one per cent.	9690

(b) If the fund is more than fifteen per cent but less than	9691
thirty per cent above minimum safe level, the contribution rates	9692
provided in division (A)(3) of this section shall be decreased	9693
one-tenth of one per cent.	9694

(c) If the fund is more than fifteen per cent but less than	9695
thirty per cent below minimum safe level, the contribution rates	9696
of all employers shall be increased twenty-five one-thousandths of	9697
one per cent plus a per cent increase calculated and rounded	9698
pursuant to division (B)(6)(g) of this section.	9699

(d) If the fund is more than thirty per cent but less than	9700
forty-five per cent below minimum safe level, the contribution	9701
rates of all employers shall be increased seventy-five	9702
one-thousandths of one per cent plus a per cent increase	9703
calculated and rounded pursuant to division (B)(6)(g) of this	9704
section.	9705

(e) If the fund is more than forty-five per cent but less	9706
than sixty per cent below minimum safe level, the contribution	9707
rates of all employers shall be increased one-eighth of one per	9708
cent plus a per cent increase calculated and rounded pursuant to	9709
division (B)(6)(g) of this section.	9710

(f) If the fund is sixty per cent or more below minimum safe	9711
level, the contribution rates of all employers shall be increased	9712
two-tenths of one per cent plus a per cent increase calculated and	9713
rounded pursuant to division (B)(6)(g) of this section.	9714

(g) The additional per cent increase in contribution rates	9715
required by divisions (B)(6)(c), (d), (e), and (f) of this section	9716
that is payable by each individual employer shall be calculated in	9717
the following manner. The flat rate increase required by a	9718
particular division shall be multiplied by three and the product	9719
divided by the average experienced-rated contribution rate for all	9720
employers as determined by the director for the most recent	9721
calendar year. The resulting quotient shall be multiplied by an	9722
individual employer's contribution rate determined pursuant to	9723
division (A)(3) of this section. The resulting product shall be	9724
rounded to the nearest tenth of one per cent, added to the flat	9725
rate increase required by division (B)(6)(c), (d), (e), or (f) of	9726
this section, as appropriate, and the total shall be rounded to	9727
the nearest tenth of one per cent. As used in division (B)(6)(g)	9728
of this section, the "average experienced-rated contribution rate"	9729
means the most recent annual average contribution rate reported by	9730
the director contained in report RS 203.2 less the mutualized and	9731
minimum safe level contribution rates included in such rate.	9732

(h) If any of the increased contribution rates of division	9733
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate	9734
shall remain in effect for the calendar year in which it is	9735
imposed and for each calendar year thereafter until the director	9736
determines as of the computation date for calendar year 1991 and	9737
as of the computation date for any calendar year thereafter	9738
pursuant to this section, that the level of the unemployment	9739
compensation fund equals or exceeds the minimum safe level as	9740
defined in division (B)(4)(b) of this section. Nothing in division	9741
(B)(6)(h) of this section shall be construed as restricting the	9742
imposition of the increased contribution rates provided in	9743
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund	9744
falls below the percentage of the minimum safe level as specified	9745
in those divisions.	9746

(7) The additional contributions required by division (B)(5)	9747
of this section shall be credited to the mutualized account. The	9748
additional contributions required by division (B)(6) of this	9749
section shall be credited fifty per cent to individual employer	9750
accounts and fifty per cent to the mutualized account.	9751

(C) If an employer makes a payment of contributions which is	9752
less than the full amount required by this section and sections	9753
4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, and	9754
4141.27 of the Revised Code, such partial payment shall be applied	9755
first against the mutualized contributions required under this	9756
chapter. Any remaining partial payment shall be credited to the	9757
employer's individual account.	9758

(D) Whenever there are any increases in contributions	9759
resulting from an increase in wages subject to contributions as	9760
defined in division (G) of section 4141.01 of the Revised Code, or	9761
from an increase in the mutualized rate of contributions provided	9762
in division (B) of this section, or from a revision of the	9763
contribution rate schedule provided in division (A) of this	9764
section, except for that portion of the increase attributable to a	9765
change in the positive or negative balance in an employer's	9766
account, which increases become effective after a contract for the	9767
construction of real property, as defined in section 5701.02 of	9768
the Revised Code, has been entered into, the contractee upon	9769
written notice by a prime contractor shall reimburse the	9770
contractor for all increased contributions paid by the prime	9771
contractor or by subcontractors upon wages for services performed	9772
under the contract. Upon reimbursement by the contractee to the	9773
prime contractor, the prime contractor shall reimburse each	9774
subcontractor for the increased contributions.	9775

(E) Effective only for the contribution period beginning on	9776
January 1, 1996, and ending on December 31, 1996, mutualized	9777
contributions collected or received by the director pursuant to	9778
division (B)(5) of this section and amounts credited to the	9779
mutualized account pursuant to division (B)(7) of this section	9780
shall be deposited into or credited to the unemployment	9781
compensation benefit reserve fund that is created under division	9782
(F) of this section, except that amounts collected, received, or	9783
credited in excess of two hundred million dollars shall be	9784
deposited into or credited to the unemployment trust fund	9785
established pursuant to section 4141.09 of the Revised Code.	9786

(F) The state unemployment compensation benefit reserve fund	9787
is hereby created as a trust fund in the custody of the treasurer	9788
of state and shall not be part of the state treasury. The fund	9789
shall consist of all moneys collected or received as mutualized	9790
contributions pursuant to division (B)(5) of this section and	9791
amounts credited to the mutualized account pursuant to division	9792
(B)(7) of this section as provided by division (E) of this	9793
section. All moneys in the fund shall be used solely to pay	9794
unemployment compensation benefits in the event that funds are no	9795
longer available for that purpose from the unemployment trust fund	9796
established pursuant to section 4141.09 of the Revised Code.	9797

(G) The balance in the unemployment compensation benefit	9798
reserve fund remaining at the end of the contribution period	9799
beginning January 1, 2000, and any mutualized contribution amounts	9800
for the contribution period beginning on January 1, 1996, that may	9801
be received after December 31, 2000, shall be deposited into the	9802
unemployment trust fund established pursuant to section 4141.09 of	9803
the Revised Code. Income earned on moneys in the state	9804
unemployment compensation benefit reserve fund shall be available	9805
for use by the director only for the purposes described in	9806
division (I) of this section, and shall not be used for any other	9807
purpose.	9808

(H) The unemployment compensation benefit reserve fund	9809
balance shall be added to the unemployment trust fund balance in	9810
determining the minimum safe level tax to be imposed pursuant to	9811
division (B) of this section and shall be included in the	9812
mutualized account balance for the purpose of determining the	9813
mutualized contribution rate pursuant to division (B)(5) of this	9814
section.	9815

(I) All income earned on moneys in the unemployment	9816
compensation benefit reserve fund from the investment of the fund	9817
by the treasurer of state shall accrue to the department of job	9818
and family services automation administration fund, which is	9819
hereby established in the state treasury. Moneys within the	9820
automation administration fund shall be used to meet the costs	9821
related to automation of the department and the administrative	9822
costs related to collecting and accounting for unemployment	9823
compensation benefit reserve fund revenue. Any funds remaining in	9824
the automation administration fund upon completion of the	9825
department's automation projects that are funded by that fund	9826
shall be deposited into the unemployment trust fund established	9827
pursuant to section 4141.09 of the Revised Code.	9828

(J) The director shall prepare and submit monthly reports to	9829
the unemployment compensation advisory commission with respect to	9830
the status of efforts to collect and account for unemployment	9831
compensation benefit reserve fund revenue and the costs related to	9832
collecting and accounting for that revenue. The director shall	9833
obtain approval from the unemployment compensation advisory	9834
commission for expenditure of funds from the department of job and	9835
family services automation administration fund. Funds may be	9836
approved for expenditure for purposes set forth in division (I) of	9837
this section only to the extent that federal or other funds are	9838
not available.	9839

Sec. 4141.26. (A) As soon as practicable after the first day	9840
of September but not later than the first day of December of each	9841
year, the director of job and family services shall notify each	9842
employer of the employer's contribution rate as determined for the	9843
next ensuing contribution period pursuant to section 4141.25 of	9844
the Revised Code provided the employer has furnished the director,	9845
by the first day of September following the computation date, with	9846
the wage information for all past periods necessary for the	9847
computation of the contribution rate.	9848

(B)(1) If an employer has not timely furnished the necessary	9849
wage information as required by division (A) of this section, the	9850
employer's contribution rate for such contribution period shall	9851
not be computed as provided in section 4141.25 of the Revised	9852
Code, but instead the employer shall be assigned a contribution	9853
rate equal to one hundred twenty-five per cent of the maximum rate	9854
provided in that section, with the following exceptions:	9855

~~(1)~~(a) If the employer files the necessary wage information	9856
by the thirty-first day of December of the year immediately	9857
preceding the contribution period for which the rate is to be	9858
effective, the employer's rate shall be computed as provided in	9859
division (A) of section 4141.25 of the Revised Code.	9860

~~(2)~~(b) The director shall revise the contribution rate of an	9861
employer who has not timely furnished the necessary wage	9862
information as required by division (A) of this section, who has	9863
been assigned a contribution rate pursuant to division (B) of this	9864
section, and who does not meet the requirements of division	9865
(B)(1)(a) of this section, if the employer furnishes the necessary	9866
wage information to the director within eighteen months following	9867
the thirty-first day of December of the year immediately preceding	9868
the contribution period for which the rate is to be effective. The	9869
revised rate under division (B)~~(2)~~(1)(b) of this section shall be	9870
equal to one hundred twenty per cent of the contribution rate that	9871
would have resulted if the employer had timely furnished the	9872
necessary wage information under division (A) of this section.	9873

(c) The director may waive the maximum contribution rate	9874
assigned pursuant to division (B) of this section if the failure	9875
to timely furnish the wage information as required by division (A)	9876
of this section was a result of circumstances beyond the control	9877
of the employer or the employer's agent.	9878

(2) The director shall deny an employer's request for a	9879
revision of the employer's rate as provided in division	9880
(B)~~(2)~~(1)(b) of this section if the director finds that the	9881
employer's failure to timely file the necessary wage information	9882
was due to an attempt to evade payment.	9883

(3) The director shall round the contribution rates the	9884
director determines under division (B) of this section to the	9885
nearest tenth of one per cent.	9886

(4) The director shall adopt rules to prescribe requirements	9887
and procedures for requesting a waiver of the maximum contribution	9888
rate under division (B)(1)(c) of this section.	9889

(C) If, as a result of the computation pursuant to division	9890
(B) of this section, the employer's account shows a negative	9891
balance in excess of the applicable limitations, in that	9892
computation, the excess above applicable limitations shall not be	9893
transferred from the account as provided in division (A)(2) of	9894
section 4141.24 of the Revised Code.	9895

(D) The rate determined pursuant to this section and section	9896
4141.25 of the Revised Code shall become binding upon the employer	9897
unless:	9898

(1) The employer makes a voluntary contribution as provided	9899
in division (B) of section 4141.24 of the Revised Code, whereupon	9900
the director shall issue the employer a revised contribution rate	9901
notice if the contribution changes the employer's rate; or	9902

(2) Within thirty days after the mailing of notice of the	9903
employer's rate or a revision of it to the employer's last known	9904
address or, in the absence of mailing of such notice, within	9905
thirty days after the delivery of such notice, the employer files	9906
an application with the director for reconsideration of the	9907
director's determination of such rate setting forth reasons for	9908
such request. The director shall promptly examine the application	9909
for reconsideration and shall notify the employer of the	9910
director's reconsidered decision, which shall become final unless,	9911
within thirty days after the mailing of such notice by certified	9912
mail, return receipt requested, the employer files an application	9913
for review of such decision with the unemployment compensation	9914
review commission. The commission shall promptly examine the	9915
application for review of the director's decision and shall grant	9916
such employer an opportunity for a fair hearing. The proceeding at	9917
the hearing before the commission shall be recorded in the means	9918
and manner prescribed by the commission. For the purposes of this	9919
division, the review is considered timely filed when it has been	9920
received as provided in division (D)(1) of section 4141.281 of the	9921
Revised Code.	9922

The employer and the director shall be promptly notified of	9923
the commission's decision, which shall become final unless, within	9924
thirty days after the mailing of notice of it to the employer's	9925
last known address by certified mail, return receipt requested,	9926
or, in the absence of mailing, within thirty days after delivery	9927
of such notice, an appeal is taken by the employer or the director	9928
to the court of common pleas of Franklin county. Such appeal shall	9929
be taken by the employer or the director by filing a notice of	9930
appeal with the clerk of such court and with the commission. Such	9931
notice of appeal shall set forth the decision appealed and the	9932
errors in it complained of. Proof of the filing of such notice	9933
with the commission shall be filed with the clerk of such court.	9934

The commission, upon written demand filed by the appellant	9935
and within thirty days after the filing of such demand, shall file	9936
with the clerk a certified transcript of the record of the	9937
proceedings before the commission pertaining to the determination	9938
or order complained of, and the appeal shall be heard upon such	9939
record certified to the commission. In such appeal, no additional	9940
evidence shall be received by the court, but the court may order	9941
additional evidence to be taken before the commission, and the	9942
commission, after hearing such additional evidence, shall certify	9943
such additional evidence to the court or it may modify its	9944
determination and file such modified determination, together with	9945
the transcript of the additional record, with the court. After an	9946
appeal has been filed in the court, the commission, by petition,	9947
may be made a party to such appeal. Such appeal shall be given	9948
precedence over other civil cases. The court may affirm the	9949
determination or order complained of in the appeal if it finds,	9950
upon consideration of the entire record, that the determination or	9951
order is supported by reliable, probative, and substantial	9952
evidence and is in accordance with law. In the absence of such a	9953
finding, it may reverse, vacate, or modify the determination or	9954
order or make such other ruling as is supported by reliable,	9955
probative, and substantial evidence and is in accordance with law.	9956
The judgment of the court shall be final and conclusive unless	9957
reversed, vacated, or modified on appeal. An appeal may be taken	9958
from the decision of the court of common pleas of Franklin county.	9959

(E) The appeal provisions of division (D) of this section	9960
apply to all other determinations and orders of the director	9961
affecting the liability of an employer to pay contributions or the	9962
amount of such contributions, determinations respecting	9963
application for refunds of contributions, determinations	9964
respecting applications for classification of employment as	9965
seasonal under section 4141.33 of the Revised Code, and exceptions	9966
to charges of benefits to an employer's account as provided in	9967
division (D) of section 4141.24 of the Revised Code.	9968

(F) The validity of any general order or rule of the director	9969
adopted pursuant to this chapter or of any final order or action	9970
of the unemployment compensation review commission respecting any	9971
such general order or rule may be determined by the court of	9972
common pleas of Franklin county, and such general order, rule, or	9973
action may be sustained or set aside by the court on an appeal to	9974
it which may be taken by any person affected by the order, rule,	9975
or action in the manner provided by law. Such appeal to the court	9976
of common pleas of Franklin county shall be filed within thirty	9977
days after the date such general order, rule, or action was	9978
publicly released by the director or the commission. Either party	9979
to such action may appeal from the court of common pleas of	9980
Franklin county as in ordinary civil cases.	9981

(G) Notwithstanding any determination made in pursuance of	9982
sections 4141.23 to 4141.26 of the Revised Code, no individual who	9983
files a claim for benefits shall be denied the right to a fair	9984
hearing as provided in section 4141.281 of the Revised Code, or	9985
the right to have a claim determined on the merits of it.	9986

(H)(1) Notwithstanding division (D) of this section, if the	9987
director finds that an omission or error in the director's records	9988
or employer reporting caused the director to issue an erroneous	9989
determination or order affecting contribution rates, the liability	9990
of an employer to pay contributions or the amount of such	9991
contributions, determinations respecting applications for refunds	9992
of contributions, determinations respecting applications for	9993
classification of seasonal status under section 4141.33 of the	9994
Revised Code, or exceptions to charges of benefits to an	9995
employer's account as provided in division (D) of section 4141.24	9996
of the Revised Code, the director may issue a corrected	9997
determination or order correcting the erroneous determination or	9998
order, except as provided in division (H)(2) of this section.	9999

(2) The director may not issue a corrected determination or	10000
order correcting an erroneous determination or order if both of	10001
the following apply:	10002

(a) The erroneous determination or order was caused solely by	10003
an omission or error of the director;	10004

(b) A correction of the erroneous determination or order	10005
would adversely affect the employer or any of the employers that	10006
were parties in interest to the erroneous determination or order.	10007

A corrected determination or order issued under this division	10008
takes precedence over and renders void the erroneous determination	10009
or order and is appealable as provided in division (D) of this	10010
section.	10011

Sec. 4141.28.

10012

BENEFITS	10013

(A) FILINGS

10014

Applications for determination of benefit rights and claims	10015
for benefits shall be filed with the director of job and family	10016
services. Such applications and claims also may be filed with an	10017
employee of another state or federal agency charged with the duty	10018
of accepting applications and claims for unemployment benefits or	10019
with an employee of the unemployment insurance commission of	10020
Canada.	10021

Effective July 1, 2015, an individual shall file an	10022
application for determination of benefit rights and a claim for	10023
benefits by electronic means in a manner prescribed by the	10024
director, except that no individual shall be required to file such	10025
an application or claim by electronic means if one or more of the	10026
following circumstances apply:	10027

(1) The individual is legally prohibited from using a	10028
computer;	10029

(2) The individual has a physical or visual impairment that	10030
makes the individual unable to use a computer;	10031

(3) The individual has limited ability to read or write	10032
effectively in a language in which the electronic application or	10033
claim is available;	10034

(4) A disaster or emergency declared by the governor prevents	10035
compliance with the electronic filing requirement.	10036

When an unemployed individual files an application for	10037
determination of benefit rights, the director shall furnish the	10038
individual with an explanation of the individual's appeal rights.	10039
The explanation shall describe clearly the different levels of	10040
appeal and explain where and when each appeal must be filed.	10041

(B) APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS

10042

In filing an application, an individual shall furnish the	10043
director with the name and address of the individual's most recent	10044
separating employer and the individual's statement of the reason	10045
for separation from the employer. The director shall promptly	10046
notify the individual's most recent separating employer of the	10047
filing and request the reason for the individual's unemployment,	10048
unless that notice is not necessary under conditions the director	10049
establishes by rule. The director may request from the individual	10050
or any employer information necessary for the determination of the	10051
individual's right to benefits. The employer shall provide the	10052
information requested within ten working days after the request is	10053
sent. If necessary to ensure prompt determination and payment of	10054
benefits, the director shall base the determination on the	10055
information that is available.	10056

An individual filing an application for determination of	10057
benefit rights shall disclose, at the time of filing, whether or	10058
not the individual owes child support obligations.	10059

10060

An employer who lays off or separates within any seven-day	10061
period fifty or more individuals because of lack of work shall	10062
furnish notice to the director of the dates of layoff or	10063
separation and the approximate number of individuals being laid	10064
off or separated. The notice shall be furnished at least three	10065
working days prior to the date of the first day of such layoff or	10066
separation. In addition, at the time of the layoff or separation	10067
the employer shall furnish to the individual and to the director	10068
information necessary to determine the individual's eligibility	10069
for unemployment compensation.	10070

(D) DETERMINATION OF BENEFIT RIGHTS

10071

The director shall promptly examine any application for	10072
determination of benefit rights. On the basis of the information	10073
available to the director under this chapter, the director shall	10074
determine whether or not the application is valid, and if valid,	10075
the date on which the benefit year shall commence and the weekly	10076
benefit amount. The director shall promptly notify the applicant,	10077
employers in the applicant's base period, and any other interested	10078
parties of the determination and the reasons for it. In addition,	10079
the determination issued to the claimant shall include the total	10080
amount of benefits payable. The determination issued to each	10081
chargeable base period employer shall include the total amount of	10082
benefits that may be charged to the employer's account.	10083

(E) CLAIM FOR BENEFITS

10084

The director shall examine the first claim and any additional	10085
claim for benefits. On the basis of the information available, the	10086
director shall determine whether the claimant's most recent	10087
separation and, to the extent necessary, prior separations from	10088
work, allow the claimant to qualify for benefits. Written notice	10089
of the determination granting or denying benefits shall be sent to	10090
the claimant, the most recent separating employer, and any other	10091
employer involved in the determination, except that written notice	10092
is not required to be sent to the claimant if the reason for	10093
separation is lack of work and the claim is allowed.	10094

If the director identifies an eligibility issue, the director	10095
shall send notice to the claimant of the issue identified and	10096
specify the week or weeks involved. The claimant has a minimum of	10097
five business days after the notice is sent to respond to the	10098
information included in the notice, and after the time allowed as	10099
determined by the director, the director shall make a	10100
determination. The claimant's response may include a request for a	10101
fact-finding interview when the eligibility issue is raised by an	10102
informant or source other than the claimant, or when the	10103
eligibility issue, if determined adversely, disqualifies the	10104
claimant for the duration of the claimant's period of	10105
unemployment.	10106

When the determination of a continued claim for benefits	10107
results in a disallowed claim, the director shall notify the	10108
claimant of the disallowance and the reasons for it.	10109

(F) ELIGIBILITY NOTICE

10110

Any base period or subsequent employer of a claimant who has	10111
knowledge of specific facts affecting the claimant's right to	10112
receive benefits for any week may notify the director in writing	10113
of those facts. The director shall prescribe a form for such	10114
eligibility notice, but failure to use the form shall not preclude	10115
the director's examination of any notice.	10116

To be considered valid, an eligibility notice must: contain	10117
in writing, a statement that identifies either a source who has	10118
firsthand knowledge of the information or an informant who can	10119
identify the source; provide specific and detailed information	10120
that may potentially disqualify the claimant; provide the name and	10121
address of the source or the informant; and appear to the director	10122
to be reliable and credible.	10123

An eligibility notice is timely filed if received or	10124
postmarked prior to or within forty-five calendar days after the	10125
end of the week with respect to which a claim for benefits is	10126
filed by the claimant. An employer who timely files a valid	10127
eligibility notice shall be an interested party to the claim for	10128
benefits which is the subject of the notice.	10129

The director shall consider the information contained in the	10130
eligibility notice, together with other available information.	10131
After giving the claimant notice and an opportunity to respond,	10132
the director shall make a determination and inform the notifying	10133
employer, the claimant, and other interested parties of the	10134
determination.	10135

(G) CORRECTED DETERMINATION

10136

If the director finds within the fifty-two calendar weeks	10137
beginning with the Sunday of the week during which an application	10138
for benefit rights was filed or within the benefit year that a	10139
determination made by the director was erroneous due to an error	10140
in an employer's report or any typographical or clerical error in	10141
the director's determination, or as shown by correct remuneration	10142
information received by the director, the director shall issue a	10143
corrected determination to all interested parties. The corrected	10144
determination shall take precedence over and void the prior	10145
determination of the director. The director shall not issue a	10146
corrected determination when the commission or a court has	10147
jurisdiction with respect to that determination.	10148

(H) EFFECT OF COMMISSION DECISIONS

10149

In making determinations, the director shall follow decisions	10150
of the unemployment compensation review commission which have	10151
become final with respect to claimants similarly situated.	10152

(I) PROMPT PAYMENTS

10153

If benefits are allowed by the director, a hearing officer,	10154
the commission, or a court, the director shall pay benefits	10155
promptly, notwithstanding any further appeal, provided that if	10156
benefits are denied on appeal, of which the parties have notice	10157
and an opportunity to be heard, the director shall withhold	10158
payment of benefits pending a decision on any further appeal.	10159

Sec. 4141.29. Each eligible individual shall receive	10160
benefits as compensation for loss of remuneration due to	10161
involuntary total or partial unemployment in the amounts and	10162
subject to the conditions stipulated in this chapter.	10163

(A) No individual is entitled to a waiting period or benefits	10164
for any week unless the individual:	10165

(1) Has filed a valid application for determination of	10166
benefit rights in accordance with section 4141.28 of the Revised	10167
Code;	10168

(2) Has made a claim for benefits in accordance with section	10169
4141.28 of the Revised Code;	10170

(3)(a) Has registered for work and thereafter continues to	10171
report to an employment office or other registration place	10172
maintained or designated by the director of job and family	10173
services. Registration shall be made in accordance with the time	10174
limits, frequency, and manner prescribed by the director.	10175

(b) For purposes of division (A)(3) of this section, an	10176
individual has "registered" upon doing any of the following:	10177

(i) Filing an application for benefit rights;

10178

(ii) Making a weekly claim for benefits;

10179

(iii) Reopening an existing claim following a period of	10180
employment or nonreporting.	10181

(c) After an applicant is registered, that registration	10182
continues for a period of three calendar weeks, including the week	10183
during which the applicant registered. However, an individual is	10184
not registered for purposes of division (A)(3) of this section	10185
during any period in which the individual fails to report, as	10186
instructed by the director, or fails to reopen an existing claim	10187
following a period of employment.	10188

(d) The director may, for good cause, extend the period of	10189
registration.	10190

(e) For purposes of this section, "report" means contact by	10191
phone, access electronically, or be present for an in-person	10192
appointment, as designated by the director.	10193

(4)(a)(i) Is able to work and available for suitable work	10194
and, except as provided in division (A)(4)(a)(ii) or (iii) of this	10195
section, is actively seeking suitable work either in a locality in	10196
which the individual has earned wages subject to this chapter	10197
during the individual's base period, or if the individual leaves	10198
that locality, then in a locality where suitable work normally is	10199
performed.	10200

(ii) The director may waive the requirement that a claimant	10201
be actively seeking work when the director finds that the	10202
individual has been laid off and the employer who laid the	10203
individual off has notified the director within ten days after the	10204
layoff, that work is expected to be available for the individual	10205
within a specified number of days not to exceed forty-five	10206
calendar days following the last day the individual worked. In the	10207
event the individual is not recalled within the specified period,	10208
this waiver shall cease to be operative with respect to that	10209
layoff.	10210

(iii) The director may waive the requirement that a claimant	10211
be actively seeking work if the director determines that the	10212
individual has been laid off and the employer who laid the	10213
individual off has notified the director in accordance with	10214
division (C) of section 4141.28 of the Revised Code that the	10215
employer has closed the employer's entire plant or part of the	10216
employer's plant for a purpose other than inventory or vacation	10217
that will cause unemployment for a definite period not exceeding	10218
twenty-six weeks beginning on the date the employer notifies the	10219
director, for the period of the specific shutdown, if all of the	10220
following apply:	10221

(I) The employer and the individuals affected by the layoff	10222
who are claiming benefits under this chapter jointly request the	10223
exemption.	10224

(II) The employer provides that the affected individuals	10225
shall return to work for the employer within twenty-six weeks	10226
after the date the employer notifies the director.	10227

(III) The director determines that the waiver of the active	10228
search for work requirement will promote productivity and economic	10229
stability within the state.	10230

(iv) Division (A)(4)(a)(iii) of this section does not exempt	10231
an individual from meeting the other requirements specified in	10232
division (A)(4)(a)(i) of this section to be able to work and	10233
otherwise fully be available for work. An exemption granted under	10234
division (A)(4)(a)(iii) of this section may be granted only with	10235
respect to a specific plant closing.	10236

(b)(i) The individual shall be instructed as to the efforts	10237
that the individual must make in the search for suitable work,	10238
including that, within six months after ~~the effective date of this~~	10239
~~amendment~~October 11, 2013, the individual shall register with	10240
OhioMeansJobs, except in any of the following circumstances:	10241

(I) The individual is an individual described in division	10242
(A)(4)(b)(iii) of this section;	10243

(II) Where the active search for work requirement has been	10244
waived under division (A)(4)(a) of this section;	10245

(III) Where the active search for work requirement is	10246
considered to be met under division (A)(4)(c), (d), or (e) of this	10247
section.	10248

(ii) An individual who is registered with OhioMeansJobs shall	10249
receive a weekly listing of available jobs based on information	10250
provided by the individual at the time of registration. For each	10251
week that the individual claims benefits, the individual shall	10252
keep a record of the individual's work search efforts and shall	10253
produce that record in the manner and means prescribed by the	10254
director.	10255

(iii) No individual shall be required to register with	10256
OhioMeansJobs if the individual is legally prohibited from using a	10257
computer, has a physical or visual impairment that makes the	10258
individual unable to use a computer, or has a limited ability to	10259
read, write, speak, or understand a language in which	10260
OhioMeansJobs is available.	10261

(iv) As used in division (A)(4)(b) of this section:

10262

(I) "OhioMeansJobs" means the electronic job placement system	10263
operated by the state.	10264

(II) "Registration" includes the creation, electronic	10265
posting, and maintenance of an active, searchable resume.	10266

(c) An individual who is attending a training course approved	10267
by the director meets the requirement of this division, if	10268
attendance was recommended by the director and the individual is	10269
regularly attending the course and is making satisfactory	10270
progress. An individual also meets the requirements of this	10271
division if the individual is participating and advancing in a	10272
training program, as defined in division (P) of section 5709.61 of	10273
the Revised Code, and if an enterprise, defined in division (B) of	10274
section 5709.61 of the Revised Code, is paying all or part of the	10275
cost of the individual's participation in the training program	10276
with the intention of hiring the individual for employment as a	10277
new employee, as defined in division (L) of section 5709.61 of the	10278
Revised Code, for at least ninety days after the individual's	10279
completion of the training program.	10280

(d) An individual who becomes unemployed while attending a	10281
regularly established school and whose base period qualifying	10282
weeks were earned in whole or in part while attending that school,	10283
meets the availability and active search for work requirements of	10284
division (A)(4)(a) of this section if the individual regularly	10285
attends the school during weeks with respect to which the	10286
individual claims unemployment benefits and makes self available	10287
on any shift of hours for suitable employment with the	10288
individual's most recent employer or any other employer in the	10289
individual's base period, or for any other suitable employment to	10290
which the individual is directed, under this chapter.	10291

(e) An individual who is a member in good standing with a	10292
labor organization that refers individuals to jobs meets the	10293
active search for work requirement specified in division (A)(4)(a)	10294
of this section if the individual provides documentation that the	10295
individual is eligible for a referral or placement upon request	10296
and in a manner prescribed by the director.	10297

(f) Notwithstanding any other provisions of this section, no	10298
otherwise eligible individual shall be denied benefits for any	10299
week because the individual is in training approved under section	10300
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	10301
2296, nor shall that individual be denied benefits by reason of	10302
leaving work to enter such training, provided the work left is not	10303
suitable employment, or because of the application to any week in	10304
training of provisions in this chapter, or any applicable federal	10305
unemployment compensation law, relating to availability for work,	10306
active search for work, or refusal to accept work.	10307

For the purposes of division (A)(4)(f) of this section,	10308
"suitable employment" means with respect to an individual, work of	10309
a substantially equal or higher skill level than the individual's	10310
past adversely affected employment, as defined for the purposes of	10311
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	10312
wages for such work at not less than eighty per cent of the	10313
individual's average weekly wage as determined for the purposes of	10314
that federal act.	10315

(5) Is unable to obtain suitable work. An individual who is	10316
provided temporary work assignments by the individual's employer	10317
under agreed terms and conditions of employment, and who is	10318
required pursuant to those terms and conditions to inquire with	10319
the individual's employer for available work assignments upon the	10320
conclusion of each work assignment, is not considered unable to	10321
obtain suitable employment if suitable work assignments are	10322
available with the employer but the individual fails to contact	10323
the employer to inquire about work assignments.	10324

(6) Participates in reemployment services, such as job search	10325
assistance services, if the individual has been determined to be	10326
likely to exhaust benefits under this chapter, including	10327
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	10328
extended compensation, and needs reemployment services pursuant to	10329
the profiling system established by the director under division	10330
(K) of this section, unless the director determines that:	10331

(a) The individual has completed such services; or

10332

(b) There is justifiable cause for the claimant's failure to	10333
participate in such services.	10334

Ineligibility for failure to participate in reemployment	10335
services as described in division (A)(6) of this section shall be	10336
for the week or weeks in which the claimant was scheduled and	10337
failed to participate without justifiable cause.	10338

(7) Participates in the reemployment and eligibility	10339
assessment program, or other reemployment services, as required by	10340
the director. As used in division (A)(7) of this section,	10341
"reemployment services" includes job search assistance activities,	10342
skills assessments, and the provision of labor market statistics	10343
or analysis.	10344

(a) For purposes of division (A)(7) of this section,	10345
participation is required unless the director determines that	10346
either of the following circumstances applies to the individual:	10347

(i) The individual has completed similar services.

10348

(ii) Justifiable cause exists for the failure of the	10349
individual to participate in those services.	10350

(b) Within six months after ~~the effective date of this~~	10351
~~amendment~~October 11, 2013, notwithstanding any earlier contact an	10352
individual may have had with a local one-stop county office,	10353
including as described in section 6301.08 of the Revised Code,	10354
beginning with the eighth week after the week during which an	10355
individual first files a valid application for determination of	10356
benefit rights in the individual's benefit year, the individual	10357
shall report to a local one-stop county office for reemployment	10358
services in the manner prescribed by the director.	10359

(c) An individual whose active search for work requirement	10360
has been waived under division (A)(4)(a) of this section or is	10361
considered to be satisfied under division (A)(4)(c), (d), or (e)	10362
of this section is exempt from the requirements of division (A)(7)	10363
of this section.	10364

(B) An individual suffering total or partial unemployment is	10365
eligible for benefits for unemployment occurring subsequent to a	10366
waiting period of one week and no benefits shall be payable during	10367
this required waiting period. Not more than one week of waiting	10368
period shall be required of any individual in any benefit year in	10369
order to establish the individual's eligibility for total or	10370
partial unemployment benefits.	10371

(C) The waiting period for total or partial unemployment	10372
shall commence on the first day of the first week with respect to	10373
which the individual first files a claim for benefits at an	10374
employment office or other place of registration maintained or	10375
designated by the director or on the first day of the first week	10376
with respect to which the individual has otherwise filed a claim	10377
for benefits in accordance with the rules of the department of job	10378
and family services, provided such claim is allowed by the	10379
director.	10380

(D) Notwithstanding division (A) of this section, no	10381
individual may serve a waiting period or be paid benefits under	10382
the following conditions:	10383

(1) For any week with respect to which the director finds	10384
that:	10385

(a) The individual's unemployment was due to a labor dispute	10386
other than a lockout at any factory, establishment, or other	10387
premises located in this or any other state and owned or operated	10388
by the employer by which the individual is or was last employed;	10389
and for so long as the individual's unemployment is due to such	10390
labor dispute. No individual shall be disqualified under this	10391
provision if either of the following applies:	10392

(i) The individual's employment was with such employer at any	10393
factory, establishment, or premises located in this state, owned	10394
or operated by such employer, other than the factory,	10395
establishment, or premises at which the labor dispute exists, if	10396
it is shown that the individual is not financing, participating	10397
in, or directly interested in such labor dispute;	10398

(ii) The individual's employment was with an employer not	10399
involved in the labor dispute but whose place of business was	10400
located within the same premises as the employer engaged in the	10401
dispute, unless the individual's employer is a wholly owned	10402
subsidiary of the employer engaged in the dispute, or unless the	10403
individual actively participates in or voluntarily stops work	10404
because of such dispute. If it is established that the claimant	10405
was laid off for an indefinite period and not recalled to work	10406
prior to the dispute, or was separated by the employer prior to	10407
the dispute for reasons other than the labor dispute, or that the	10408
individual obtained a bona fide job with another employer while	10409
the dispute was still in progress, such labor dispute shall not	10410
render the employee ineligible for benefits.	10411

(b) The individual has been given a disciplinary layoff for	10412
misconduct in connection with the individual's work.	10413

(2) For the duration of the individual's unemployment if the	10414
director finds that:	10415

(a) The individual quit work without just cause or has been	10416
discharged for just cause in connection with the individual's	10417
work, provided division (D)(2) of this section does not apply to	10418
the separation of a person under any of the following	10419
circumstances:	10420

(i) Separation from employment for the purpose of entering	10421
the armed forces of the United States if the individual is	10422
inducted into the armed forces within one of the following	10423
periods:	10424

(I) Thirty days after separation;

10425

(II) One hundred eighty days after separation if the	10426
individual's date of induction is delayed solely at the discretion	10427
of the armed forces.	10428

(ii) Separation from employment pursuant to a	10429
labor-management contract or agreement, or pursuant to an	10430
established employer plan, program, or policy, which permits the	10431
employee, because of lack of work, to accept a separation from	10432
employment;	10433

(iii) The individual has left employment to accept a recall	10434
from a prior employer or, except as provided in division	10435
(D)(2)(a)(iv) of this section, to accept other employment as	10436
provided under section 4141.291 of the Revised Code, or left or	10437
was separated from employment that was concurrent employment at	10438
the time of the most recent separation or within six weeks prior	10439
to the most recent separation where the remuneration, hours, or	10440
other conditions of such concurrent employment were substantially	10441
less favorable than the individual's most recent employment and	10442
where such employment, if offered as new work, would be considered	10443
not suitable under the provisions of divisions (E) and (F) of this	10444
section. Any benefits that would otherwise be chargeable to the	10445
account of the employer from whom an individual has left	10446
employment or was separated from employment that was concurrent	10447
employment under conditions described in division (D)(2)(a)(iii)	10448
of this section, shall instead be charged to the mutualized	10449
account created by division (B) of section 4141.25 of the Revised	10450
Code, except that any benefits chargeable to the account of a	10451
reimbursing employer under division (D)(2)(a)(iii) of this section	10452
shall be charged to the account of the reimbursing employer and	10453
not to the mutualized account, except as provided in division	10454
(D)(2) of section 4141.24 of the Revised Code.	10455

(iv) When an individual has been issued a definite layoff	10456
date by the individual's employer and before the layoff date, the	10457
individual quits to accept other employment, the provisions of	10458
division (D)(2)(a)(iii) of this section apply and no	10459
disqualification shall be imposed under division (D) of this	10460
section. However, if the individual fails to meet the employment	10461
and earnings requirements of division (A)(2) of section 4141.291	10462
of the Revised Code, then the individual, pursuant to division	10463
(A)(5) of this section, shall be ineligible for benefits for any	10464
week of unemployment that occurs prior to the layoff date.	10465

(b) The individual has refused without good cause to accept	10466
an offer of suitable work when made by an employer either in	10467
person or to the individual's last known address, or has refused	10468
or failed to investigate a referral to suitable work when directed	10469
to do so by a local employment office of this state or another	10470
state, provided that this division shall not cause a	10471
disqualification for a waiting week or benefits under the	10472
following circumstances:	10473

(i) When work is offered by the individual's employer and the	10474
individual is not required to accept the offer pursuant to the	10475
terms of the labor-management contract or agreement; or	10476

(ii) When the individual is attending a training course	10477
pursuant to division (A)(4) of this section except, in the event	10478
of a refusal to accept an offer of suitable work or a refusal or	10479
failure to investigate a referral, benefits thereafter paid to	10480
such individual shall not be charged to the account of any	10481
employer and, except as provided in division (B)(1)(b) of section	10482
4141.241 of the Revised Code, shall be charged to the mutualized	10483
account as provided in division (B) of section 4141.25 of the	10484
Revised Code.	10485

(c) Such individual quit work to marry or because of marital,	10486
parental, filial, or other domestic obligations.	10487

(d) The individual became unemployed by reason of commitment	10488
to any correctional institution.	10489

(e) The individual became unemployed because of dishonesty in	10490
connection with the individual's most recent or any base period	10491
work. Remuneration earned in such work shall be excluded from the	10492
individual's total base period remuneration and qualifying weeks	10493
that otherwise would be credited to the individual for such work	10494
in the individual's base period shall not be credited for the	10495
purpose of determining the total benefits to which the individual	10496
is eligible and the weekly benefit amount to be paid under section	10497
4141.30 of the Revised Code. Such excluded remuneration and	10498
noncredited qualifying weeks shall be excluded from the	10499
calculation of the maximum amount to be charged, under division	10500
(D) of section 4141.24 and section 4141.33 of the Revised Code,	10501
against the accounts of the individual's base period employers. In	10502
addition, no benefits shall thereafter be paid to the individual	10503
based upon such excluded remuneration or noncredited qualifying	10504
weeks.	10505

For purposes of division (D)(2)(e) of this section,	10506
"dishonesty" means the commission of substantive theft, fraud, or	10507
deceitful acts.	10508

(E) No individual otherwise qualified to receive benefits	10509
shall lose the right to benefits by reason of a refusal to accept	10510
new work if:	10511

(1) As a condition of being so employed the individual would	10512
be required to join a company union, or to resign from or refrain	10513
from joining any bona fide labor organization, or would be denied	10514
the right to retain membership in and observe the lawful rules of	10515
any such organization.	10516

(2) The position offered is vacant due directly to a strike,	10517
lockout, or other labor dispute.	10518

(3) The work is at an unreasonable distance from the	10519
individual's residence, having regard to the character of the work	10520
the individual has been accustomed to do, and travel to the place	10521
of work involves expenses substantially greater than that required	10522
for the individual's former work, unless the expense is provided	10523
for.	10524

(4) The remuneration, hours, or other conditions of the work	10525
offered are substantially less favorable to the individual than	10526
those prevailing for similar work in the locality.	10527

(F) Subject to the special exceptions contained in division	10528
(A)(4)(f) of this section and section 4141.301 of the Revised	10529
Code, in determining whether any work is suitable for a claimant	10530
in the administration of this chapter, the director, in addition	10531
to the determination required under division (E) of this section,	10532
shall consider the degree of risk to the claimant's health,	10533
safety, and morals, the individual's physical fitness for the	10534
work, the individual's prior training and experience, the length	10535
of the individual's unemployment, the distance of the available	10536
work from the individual's residence, and the individual's	10537
prospects for obtaining local work.	10538

(G) The "duration of unemployment" as used in this section	10539
means the full period of unemployment next ensuing after a	10540
separation from any base period or subsequent work and until an	10541
individual has become reemployed in employment subject to this	10542
chapter, or the unemployment compensation act of another state, or	10543
of the United States, and until such individual has worked six	10544
weeks and for those weeks has earned or been paid remuneration	10545
equal to six times an average weekly wage of not less than:	10546
eighty-five dollars and ten cents per week beginning on June 26,	10547
1990; and beginning on and after January 1, 1992, twenty-seven and	10548
one-half per cent of the statewide average weekly wage as computed	10549
each first day of January under division (B)(3) of section 4141.30	10550
of the Revised Code, rounded down to the nearest dollar, except	10551
for purposes of division (D)(2)(c) of this section, such term	10552
means the full period of unemployment next ensuing after a	10553
separation from such work and until such individual has become	10554
reemployed subject to the terms set forth above, and has earned	10555
wages equal to one-half of the individual's average weekly wage or	10556
sixty dollars, whichever is less.	10557

(H) If a claimant is disqualified under division (D)(2)(a),	10558
(c), or (d) of this section or found to be qualified under the	10559
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	10560
this section or division (A)(2) of section 4141.291 of the Revised	10561
Code, then benefits that may become payable to such claimant,	10562
which are chargeable to the account of the employer from whom the	10563
individual was separated under such conditions, shall be charged	10564
to the mutualized account provided in section 4141.25 of the	10565
Revised Code, provided that no charge shall be made to the	10566
mutualized account for benefits chargeable to a reimbursing	10567
employer, except as provided in division (D)(2) of section 4141.24	10568
of the Revised Code. In the case of a reimbursing employer, the	10569
director shall refund or credit to the account of the reimbursing	10570
employer any over-paid benefits that are recovered under division	10571
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	10572
other states, the United States, or Canada that are subject to	10573
agreements and arrangements that are established pursuant to	10574
section 4141.43 of the Revised Code shall be credited or	10575
reimbursed according to the agreements and arrangements to which	10576
the chargeable amounts are subject.	10577

(I)(1) Benefits based on service in employment as provided in	10578
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	10579
shall be payable in the same amount, on the same terms, and	10580
subject to the same conditions as benefits payable on the basis of	10581
other service subject to this chapter; except that after December	10582
31, 1977:	10583

(a) Benefits based on service in an instructional, research,	10584
or principal administrative capacity in an institution of higher	10585
education, as defined in division (Y) of section 4141.01 of the	10586
Revised Code; or for an educational institution as defined in	10587
division (CC) of section 4141.01 of the Revised Code, shall not be	10588
paid to any individual for any week of unemployment that begins	10589
during the period between two successive academic years or terms,	10590
or during a similar period between two regular but not successive	10591
terms or during a period of paid sabbatical leave provided for in	10592
the individual's contract, if the individual performs such	10593
services in the first of those academic years or terms and has a	10594
contract or a reasonable assurance that the individual will	10595
perform services in any such capacity for any such institution in	10596
the second of those academic years or terms.	10597

(b) Benefits based on service for an educational institution	10598
or an institution of higher education in other than an	10599
instructional, research, or principal administrative capacity,	10600
shall not be paid to any individual for any week of unemployment	10601
which begins during the period between two successive academic	10602
years or terms of the employing educational institution or	10603
institution of higher education, provided the individual performed	10604
those services for the educational institution or institution of	10605
higher education during the first such academic year or term and,	10606
there is a reasonable assurance that such individual will perform	10607
those services for any educational institution or institution of	10608
higher education in the second of such academic years or terms.	10609

If compensation is denied to any individual for any week	10610
under division (I)(1)(b) of this section and the individual was	10611
not offered an opportunity to perform those services for an	10612
institution of higher education or for an educational institution	10613
for the second of such academic years or terms, the individual is	10614
entitled to a retroactive payment of compensation for each week	10615
for which the individual timely filed a claim for compensation and	10616
for which compensation was denied solely by reason of division	10617
(I)(1)(b) of this section. An application for retroactive benefits	10618
shall be timely filed if received by the director or the	10619
director's deputy within or prior to the end of the fourth full	10620
calendar week after the end of the period for which benefits were	10621
denied because of reasonable assurance of employment. The	10622
provision for the payment of retroactive benefits under division	10623
(I)(1)(b) of this section is applicable to weeks of unemployment	10624
beginning on and after November 18, 1983. The provisions under	10625
division (I)(1)(b) of this section shall be retroactive to	10626
September 5, 1982, only if, as a condition for full tax credit	10627
against the tax imposed by the "Federal Unemployment Tax Act," 53	10628
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	10629
secretary of labor determines that retroactivity is required by	10630
federal law.	10631

(c) With respect to weeks of unemployment beginning after	10632
December 31, 1977, benefits shall be denied to any individual for	10633
any week which commences during an established and customary	10634
vacation period or holiday recess, if the individual performs any	10635
services described in divisions (I)(1)(a) and (b) of this section	10636
in the period immediately before the vacation period or holiday	10637
recess, and there is a reasonable assurance that the individual	10638
will perform any such services in the period immediately following	10639
the vacation period or holiday recess.	10640

(d) With respect to any services described in division	10641
(I)(1)(a), (b), or (c) of this section, benefits payable on the	10642
basis of services in any such capacity shall be denied as	10643
specified in division (I)(1)(a), (b), or (c) of this section to	10644
any individual who performs such services in an educational	10645
institution or institution of higher education while in the employ	10646
of an educational service agency. For this purpose, the term	10647
"educational service agency" means a governmental agency or	10648
governmental entity that is established and operated exclusively	10649
for the purpose of providing services to one or more educational	10650
institutions or one or more institutions of higher education.	10651

(e) Any individual employed by a county board of	10652
developmental disabilities shall be notified by the thirtieth day	10653
of April each year if the individual is not to be reemployed the	10654
following academic year.	10655

(f) Any individual employed by a school district, other than	10656
a municipal school district as defined in section 3311.71 of the	10657
Revised Code, shall be notified by the first day of June each year	10658
if the individual is not to be reemployed the following academic	10659
year.	10660

(2) No disqualification will be imposed, between academic	10661
years or terms or during a vacation period or holiday recess under	10662
this division, unless the director or the director's deputy has	10663
received a statement in writing from the educational institution	10664
or institution of higher education that the claimant has a	10665
contract for, or a reasonable assurance of, reemployment for the	10666
ensuing academic year or term.	10667

(3) If an individual has employment with an educational	10668
institution or an institution of higher education and employment	10669
with a noneducational employer, during the base period of the	10670
individual's benefit year, then the individual may become eligible	10671
for benefits during the between-term, or vacation or holiday	10672
recess, disqualification period, based on employment performed for	10673
the noneducational employer, provided that the employment is	10674
sufficient to qualify the individual for benefit rights separately	10675
from the benefit rights based on school employment. The weekly	10676
benefit amount and maximum benefits payable during a	10677
disqualification period shall be computed based solely on the	10678
nonschool employment.	10679

(J) Benefits shall not be paid on the basis of employment	10680
performed by an alien, unless the alien had been lawfully admitted	10681
to the United States for permanent residence at the time the	10682
services were performed, was lawfully present for purposes of	10683
performing the services, or was otherwise permanently residing in	10684
the United States under color of law at the time the services were	10685
performed, under section 212(d)(5) of the "Immigration and	10686
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	10687

(1) Any data or information required of individuals applying	10688
for benefits to determine whether benefits are not payable to them	10689
because of their alien status shall be uniformly required from all	10690
applicants for benefits.	10691

(2) In the case of an individual whose application for	10692
benefits would otherwise be approved, no determination that	10693
benefits to the individual are not payable because of the	10694
individual's alien status shall be made except upon a	10695
preponderance of the evidence that the individual had not, in	10696
fact, been lawfully admitted to the United States.	10697

(K) The director shall establish and utilize a system of	10698
profiling all new claimants under this chapter that:	10699

(1) Identifies which claimants will be likely to exhaust	10700
regular compensation and will need job search assistance services	10701
to make a successful transition to new employment;	10702

(2) Refers claimants identified pursuant to division (K)(1)	10703
of this section to reemployment services, such as job search	10704
assistance services, available under any state or federal law;	10705

(3) Collects follow-up information relating to the services	10706
received by such claimants and the employment outcomes for such	10707
claimant's subsequent to receiving such services and utilizes such	10708
information in making identifications pursuant to division (K)(1)	10709
of this section; and	10710

(4) Meets such other requirements as the United States	10711
secretary of labor determines are appropriate.	10712

(L) Except as otherwise provided in division (A)(6) of this	10713
section, ineligibility pursuant to division (A) of this section	10714
shall begin on the first day of the week in which the claimant	10715
becomes ineligible for benefits and shall end on the last day of	10716
the week preceding the week in which the claimant satisfies the	10717
eligibility requirements.	10718

(M) The director may adopt rules that the director considers	10719
necessary for the administration of division (A) of this section.	10720

Sec. 4141.35. (A) If the director of job and family services	10721
finds that any fraudulent misrepresentation has been made by an	10722
applicant for or a recipient of benefits with the object of	10723
obtaining benefits to which the applicant or recipient was not	10724
entitled, and in addition to any other penalty or forfeiture under	10725
this chapter, then the director:	10726

(1) Shall within four years after the end of the benefit year	10727
in which the fraudulent misrepresentation was made reject or	10728
cancel such person's entire weekly claim for benefits that was	10729
fraudulently claimed, or the person's entire benefit rights if the	10730
misrepresentation was in connection with the filing of the	10731
claimant's application for determination of benefit rights;	10732

(2) Shall by order declare that, for each application for	10733
benefit rights and for each weekly claim canceled, such person	10734
shall be ineligible for two otherwise valid weekly claims for	10735
benefits, claimed within six years subsequent to the discovery of	10736
such misrepresentation;	10737

(3) By order shall require that the total amount of benefits	10738
rejected or canceled under division (A)(1) of this section be	10739
repaid to the director before such person may become eligible for	10740
further benefits, and shall withhold such unpaid sums from future	10741
benefit payments accruing and otherwise payable to such claimant.	10742
Effective with orders issued on or after January 1, 1993, if such	10743
benefits are not repaid within thirty days after the director's	10744
order becomes final, interest on the amount remaining unpaid shall	10745
be charged to the person at a rate and calculated in the same	10746
manner as provided under section 4141.23 of the Revised Code. When	10747
a person ordered to repay benefits has repaid all overpaid	10748
benefits according to a plan approved by the director, the	10749
director may cancel the amount of interest that accrued during the	10750
period of the repayment plan. The director may take action in any	10751
court of competent jurisdiction to collect benefits and interest	10752
as provided in sections 4141.23 and 4141.27 of the Revised Code,	10753
in regard to the collection of unpaid contributions, using the	10754
final repayment order as the basis for such action. Except as	10755
otherwise provided in this division, no administrative or legal	10756
proceedings for the collection of such benefits or interest due,	10757
or for the collection of a penalty under division (A)(4) of this	10758
section, shall be initiated after the expiration of six years from	10759
the date on which the director's order requiring repayment became	10760
final and the amount of any benefits, penalty, or interest not	10761
recovered at that time, and any liens thereon, shall be canceled	10762
as uncollectible. The time limit for instituting proceedings shall	10763
be extended by the period of any stay to the collection or by any	10764
other time period to which the parties mutually agree.	10765

(4) Shall, for findings made on or after October 21, 2013, by	10766
order assess a mandatory penalty on such a person in an amount	10767
equal to twenty-five per cent of the total amount of benefits	10768
rejected or canceled under division (A)(1) of this section. The	10769
first sixty per cent of each penalty collected under division	10770
(A)(4) of this section shall be deposited into the unemployment	10771
compensation fund created under section 4141.09 of the Revised	10772
Code~~, and the~~and shall be credited to the mutualized account, as	10773
provided in division (B)(2)(g) of section 4141.25 of the Revised	10774
Code. The remainder of each penalty collected shall be deposited	10775
into the unemployment compensation special administrative fund	10776
created under section 4141.11 of the Revised Code.	10777

(5) May take action to collect benefits fraudulently obtained	10778
under the unemployment compensation law of any other state or the	10779
United States or Canada. Such action may be initiated in the	10780
courts of this state in the same manner as provided for unpaid	10781
contributions in section 4141.41 of the Revised Code.	10782

(6) May take action to collect benefits that have been	10783
fraudulently obtained from the director, interest pursuant to	10784
division (A)(3) of this section, and court costs, through	10785
attachment proceedings under Chapter 2715. of the Revised Code and	10786
garnishment proceedings under Chapter 2716. of the Revised Code.	10787

(B) If the director finds that an applicant for benefits has	10788
been credited with a waiting period or paid benefits to which the	10789
applicant was not entitled for reasons other than fraudulent	10790
misrepresentation, the director shall:	10791

(1)(a) Within six months after the determination under which	10792
the claimant was credited with that waiting period or paid	10793
benefits becomes final pursuant to section 4141.28 of the Revised	10794
Code, or within three years after the end of the benefit year in	10795
which such benefits were claimed, whichever is later, by order	10796
cancel such waiting period and require that such benefits be	10797
repaid to the director or be withheld from any benefits to which	10798
such applicant is or may become entitled before any additional	10799
benefits are paid, provided that the repayment or withholding	10800
shall not be required where the overpayment is the result of the	10801
director's correcting a prior decision due to a typographical or	10802
clerical error in the director's prior decision, or an error in an	10803
employer's report under division (G) of section 4141.28 of the	10804
Revised Code.	10805

(b) The limitation specified in division (B)(1)(a) of this	10806
section shall not apply to cases involving the retroactive payment	10807
of remuneration covering periods for which benefits were	10808
previously paid to the claimant. However, in such cases, the	10809
director's order requiring repayment shall not be issued unless	10810
the director is notified of such retroactive payment within six	10811
months from the date the retroactive payment was made to the	10812
claimant.	10813

(2) The director may, by reciprocal agreement with the United	10814
States secretary of labor or another state, recover overpayment	10815
amounts from unemployment benefits otherwise payable to an	10816
individual under Chapter 4141. of the Revised Code. Any	10817
overpayments made to the individual that have not previously been	10818
recovered under an unemployment benefit program of the United	10819
States may be recovered in accordance with section 303(g) of the	10820
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the	10821
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.	10822
3301 to 3311.	10823

(3) If the amounts required to be repaid under division (B)	10824
of this section are not recovered within three years from the date	10825
the director's order requiring payment became final, initiate no	10826
further action to collect such benefits and the amount of any	10827
benefits not recovered at that time shall be canceled as	10828
uncollectible, provided that the time limit for collection shall	10829
be extended by the period of any stay to the collection or by any	10830
other time period to which the parties mutually agree.	10831

(C) The appeal provisions of sections 4141.281 and 4141.282	10832
of the Revised Code shall apply to all orders and determinations	10833
issued under this section, except that an individual's right of	10834
appeal under division (B)(2) of this section shall be limited to	10835
this state's authority to recover overpayment of benefits.	10836

(D) If an individual makes a full repayment or a repayment	10837
that is less than the full amount required by this section, the	10838
director shall apply the repayment to the mutualized account under	10839
division (B) of section 4141.25 of the Revised Code, except that	10840
the director shall credit the repayment to the accounts of the	10841
individual's base period employers that previously have not been	10842
credited for the amount of improperly paid benefits charged	10843
against their accounts based on the proportion of benefits charged	10844
against the accounts as determined pursuant to division (D) of	10845
section 4141.24 of the Revised Code.	10846

The director shall deposit any repayment collected under this	10847
section that the director determines to be payment of interest or	10848
court costs into the unemployment compensation special	10849
administrative fund established pursuant to section 4141.11 of the	10850
Revised Code.	10851

This division does not apply to ~~federal~~any of the following:

10852

(1) Federal tax refund offsets under 31 C.F.R. 285.8;

10853

(2) Unclaimed fund recoveries under section 131.024 of the	10854
Revised Code;	10855

(3) Lottery award offsets under section 3770.073 of the	10856
Revised Code;	10857

(4) State tax refund offsets under section 5747.12 of the	10858
Revised Code.	10859

Sec. 4511.191. (A)(1) As used in this section:

10860

(a) "Physical control" has the same meaning as in section	10861
4511.194 of the Revised Code.	10862

(b) "Alcohol monitoring device" means any device that	10863
provides for continuous alcohol monitoring, any ignition interlock	10864
device, any immobilizing or disabling device other than an	10865
ignition interlock device that is constantly available to monitor	10866
the concentration of alcohol in a person's system, or any other	10867
device that provides for the automatic testing and periodic	10868
reporting of alcohol consumption by a person and that a court	10869
orders a person to use as a sanction imposed as a result of the	10870
person's conviction of or plea of guilty to an offense.	10871

(2) Any person who operates a vehicle, streetcar, or	10872
trackless trolley upon a highway or any public or private property	10873
used by the public for vehicular travel or parking within this	10874
state or who is in physical control of a vehicle, streetcar, or	10875
trackless trolley shall be deemed to have given consent to a	10876
chemical test or tests of the person's whole blood, blood serum or	10877
plasma, breath, or urine to determine the alcohol, drug of abuse,	10878
controlled substance, metabolite of a controlled substance, or	10879
combination content of the person's whole blood, blood serum or	10880
plasma, breath, or urine if arrested for a violation of division	10881
(A) or (B) of section 4511.19 of the Revised Code, section	10882
4511.194 of the Revised Code or a substantially equivalent	10883
municipal ordinance, or a municipal OVI ordinance.	10884

(3) The chemical test or tests under division (A)(2) of this	10885
section shall be administered at the request of a law enforcement	10886
officer having reasonable grounds to believe the person was	10887
operating or in physical control of a vehicle, streetcar, or	10888
trackless trolley in violation of a division, section, or	10889
ordinance identified in division (A)(2) of this section. The law	10890
enforcement agency by which the officer is employed shall	10891
designate which of the tests shall be administered.	10892

(4) Any person who is dead or unconscious, or who otherwise	10893
is in a condition rendering the person incapable of refusal, shall	10894
be deemed to have consented as provided in division (A)(2) of this	10895
section, and the test or tests may be administered, subject to	10896
sections 313.12 to 313.16 of the Revised Code.	10897

(5)(a) If a law enforcement officer arrests a person for a	10898
violation of division (A) or (B) of section 4511.19 of the Revised	10899
Code, section 4511.194 of the Revised Code or a substantially	10900
equivalent municipal ordinance, or a municipal OVI ordinance and	10901
if the person if convicted would be required to be sentenced under	10902
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	10903
Code, the law enforcement officer shall request the person to	10904
submit, and the person shall submit, to a chemical test or tests	10905
of the person's whole blood, blood serum or plasma, breath, or	10906
urine for the purpose of determining the alcohol, drug of abuse,	10907
controlled substance, metabolite of a controlled substance, or	10908
combination content of the person's whole blood, blood serum or	10909
plasma, breath, or urine. A law enforcement officer who makes a	10910
request pursuant to this division that a person submit to a	10911
chemical test or tests is not required to advise the person of the	10912
consequences of submitting to, or refusing to submit to, the test	10913
or tests and is not required to give the person the form described	10914
in division (B) of section 4511.192 of the Revised Code, but the	10915
officer shall advise the person at the time of the arrest that if	10916
the person refuses to take a chemical test the officer may employ	10917
whatever reasonable means are necessary to ensure that the person	10918
submits to a chemical test of the person's whole blood or blood	10919
serum or plasma. The officer shall also advise the person at the	10920
time of the arrest that the person may have an independent	10921
chemical test taken at the person's own expense. Divisions (A)(3)	10922
and (4) of this section apply to the administration of a chemical	10923
test or tests pursuant to this division.	10924

(b) If a person refuses to submit to a chemical test upon a	10925
request made pursuant to division (A)(5)(a) of this section, the	10926
law enforcement officer who made the request may employ whatever	10927
reasonable means are necessary to ensure that the person submits	10928
to a chemical test of the person's whole blood or blood serum or	10929
plasma. A law enforcement officer who acts pursuant to this	10930
division to ensure that a person submits to a chemical test of the	10931
person's whole blood or blood serum or plasma is immune from	10932
criminal and civil liability based upon a claim for assault and	10933
battery or any other claim for the acts, unless the officer so	10934
acted with malicious purpose, in bad faith, or in a wanton or	10935
reckless manner.	10936

(B)(1) Upon receipt of the sworn report of a law enforcement	10937
officer who arrested a person for a violation of division (A) or	10938
(B) of section 4511.19 of the Revised Code, section 4511.194 of	10939
the Revised Code or a substantially equivalent municipal	10940
ordinance, or a municipal OVI ordinance that was completed and	10941
sent to the registrar of motor vehicles and a court pursuant to	10942
section 4511.192 of the Revised Code in regard to a person who	10943
refused to take the designated chemical test, the registrar shall	10944
enter into the registrar's records the fact that the person's	10945
driver's or commercial driver's license or permit or nonresident	10946
operating privilege was suspended by the arresting officer under	10947
this division and that section and the period of the suspension,	10948
as determined under this section. The suspension shall be subject	10949
to appeal as provided in section 4511.197 of the Revised Code. The	10950
suspension shall be for whichever of the following periods	10951
applies:	10952

(a) Except when division (B)(1)(b), (c), or (d) of this	10953
section applies and specifies a different class or length of	10954
suspension, the suspension shall be a class C suspension for the	10955
period of time specified in division (B)(3) of section 4510.02 of	10956
the Revised Code.	10957

(b) If the arrested person, within six years of the date on	10958
which the person refused the request to consent to the chemical	10959
test, had refused one previous request to consent to a chemical	10960
test or had been convicted of or pleaded guilty to one violation	10961
of division (A) or (B) of section 4511.19 of the Revised Code or	10962
one other equivalent offense, the suspension shall be a class B	10963
suspension imposed for the period of time specified in division	10964
(B)(2) of section 4510.02 of the Revised Code.	10965

(c) If the arrested person, within six years of the date on	10966
which the person refused the request to consent to the chemical	10967
test, had refused two previous requests to consent to a chemical	10968
test, had been convicted of or pleaded guilty to two violations of	10969
division (A) or (B) of section 4511.19 of the Revised Code or	10970
other equivalent offenses, or had refused one previous request to	10971
consent to a chemical test and also had been convicted of or	10972
pleaded guilty to one violation of division (A) or (B) of section	10973
4511.19 of the Revised Code or other equivalent offenses, which	10974
violation or offense arose from an incident other than the	10975
incident that led to the refusal, the suspension shall be a class	10976
A suspension imposed for the period of time specified in division	10977
(B)(1) of section 4510.02 of the Revised Code.	10978

(d) If the arrested person, within six years of the date on	10979
which the person refused the request to consent to the chemical	10980
test, had refused three or more previous requests to consent to a	10981
chemical test, had been convicted of or pleaded guilty to three or	10982
more violations of division (A) or (B) of section 4511.19 of the	10983
Revised Code or other equivalent offenses, or had refused a number	10984
of previous requests to consent to a chemical test and also had	10985
been convicted of or pleaded guilty to a number of violations of	10986
division (A) or (B) of section 4511.19 of the Revised Code or	10987
other equivalent offenses that cumulatively total three or more	10988
such refusals, convictions, and guilty pleas, the suspension shall	10989
be for five years.	10990

(2) The registrar shall terminate a suspension of the	10991
driver's or commercial driver's license or permit of a resident or	10992
of the operating privilege of a nonresident, or a denial of a	10993
driver's or commercial driver's license or permit, imposed	10994
pursuant to division (B)(1) of this section upon receipt of notice	10995
that the person has entered a plea of guilty to, or that the	10996
person has been convicted after entering a plea of no contest to,	10997
operating a vehicle in violation of section 4511.19 of the Revised	10998
Code or in violation of a municipal OVI ordinance, if the offense	10999
for which the conviction is had or the plea is entered arose from	11000
the same incident that led to the suspension or denial.	11001

The registrar shall credit against any judicial suspension of	11002
a person's driver's or commercial driver's license or permit or	11003
nonresident operating privilege imposed pursuant to section	11004
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	11005
Revised Code for a violation of a municipal OVI ordinance, any	11006
time during which the person serves a related suspension imposed	11007
pursuant to division (B)(1) of this section.	11008

(C)(1) Upon receipt of the sworn report of the law	11009
enforcement officer who arrested a person for a violation of	11010
division (A) or (B) of section 4511.19 of the Revised Code or a	11011
municipal OVI ordinance that was completed and sent to the	11012
registrar and a court pursuant to section 4511.192 of the Revised	11013
Code in regard to a person whose test results indicate that the	11014
person's whole blood, blood serum or plasma, breath, or urine	11015
contained at least the concentration of alcohol specified in	11016
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	11017
Revised Code or at least the concentration of a listed controlled	11018
substance or a listed metabolite of a controlled substance	11019
specified in division (A)(1)(j) of section 4511.19 of the Revised	11020
Code, the registrar shall enter into the registrar's records the	11021
fact that the person's driver's or commercial driver's license or	11022
permit or nonresident operating privilege was suspended by the	11023
arresting officer under this division and section 4511.192 of the	11024
Revised Code and the period of the suspension, as determined under	11025
divisions (C)(1)(a) to (d) of this section. The suspension shall	11026
be subject to appeal as provided in section 4511.197 of the	11027
Revised Code. The suspension described in this division does not	11028
apply to, and shall not be imposed upon, a person arrested for a	11029
violation of section 4511.194 of the Revised Code or a	11030
substantially equivalent municipal ordinance who submits to a	11031
designated chemical test. The suspension shall be for whichever of	11032
the following periods applies:	11033

(a) Except when division (C)(1)(b), (c), or (d) of this	11034
section applies and specifies a different period, the suspension	11035
shall be a class E suspension imposed for the period of time	11036
specified in division (B)(5) of section 4510.02 of the Revised	11037
Code.	11038

(b) The suspension shall be a class C suspension for the	11039
period of time specified in division (B)(3) of section 4510.02 of	11040
the Revised Code if the person has been convicted of or pleaded	11041
guilty to, within six years of the date the test was conducted,	11042
one violation of division (A) or (B) of section 4511.19 of the	11043
Revised Code or one other equivalent offense.	11044

(c) If, within six years of the date the test was conducted,	11045
the person has been convicted of or pleaded guilty to two	11046
violations of a statute or ordinance described in division	11047
(C)(1)(b) of this section, the suspension shall be a class B	11048
suspension imposed for the period of time specified in division	11049
(B)(2) of section 4510.02 of the Revised Code.	11050

(d) If, within six years of the date the test was conducted,	11051
the person has been convicted of or pleaded guilty to more than	11052
two violations of a statute or ordinance described in division	11053
(C)(1)(b) of this section, the suspension shall be a class A	11054
suspension imposed for the period of time specified in division	11055
(B)(1) of section 4510.02 of the Revised Code.	11056

(2) The registrar shall terminate a suspension of the	11057
driver's or commercial driver's license or permit of a resident or	11058
of the operating privilege of a nonresident, or a denial of a	11059
driver's or commercial driver's license or permit, imposed	11060
pursuant to division (C)(1) of this section upon receipt of notice	11061
that the person has entered a plea of guilty to, or that the	11062
person has been convicted after entering a plea of no contest to,	11063
operating a vehicle in violation of section 4511.19 of the Revised	11064
Code or in violation of a municipal OVI ordinance, if the offense	11065
for which the conviction is had or the plea is entered arose from	11066
the same incident that led to the suspension or denial.	11067

The registrar shall credit against any judicial suspension of	11068
a person's driver's or commercial driver's license or permit or	11069
nonresident operating privilege imposed pursuant to section	11070
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	11071
Revised Code for a violation of a municipal OVI ordinance, any	11072
time during which the person serves a related suspension imposed	11073
pursuant to division (C)(1) of this section.	11074

(D)(1) A suspension of a person's driver's or commercial	11075
driver's license or permit or nonresident operating privilege	11076
under this section for the time described in division (B) or (C)	11077
of this section is effective immediately from the time at which	11078
the arresting officer serves the notice of suspension upon the	11079
arrested person. Any subsequent finding that the person is not	11080
guilty of the charge that resulted in the person being requested	11081
to take the chemical test or tests under division (A) of this	11082
section does not affect the suspension.	11083

(2) If a person is arrested for operating a vehicle,	11084
streetcar, or trackless trolley in violation of division (A) or	11085
(B) of section 4511.19 of the Revised Code or a municipal OVI	11086
ordinance, or for being in physical control of a vehicle,	11087
streetcar, or trackless trolley in violation of section 4511.194	11088
of the Revised Code or a substantially equivalent municipal	11089
ordinance, regardless of whether the person's driver's or	11090
commercial driver's license or permit or nonresident operating	11091
privilege is or is not suspended under division (B) or (C) of this	11092
section or Chapter 4510. of the Revised Code, the person's initial	11093
appearance on the charge resulting from the arrest shall be held	11094
within five days of the person's arrest or the issuance of the	11095
citation to the person, subject to any continuance granted by the	11096
court pursuant to section 4511.197 of the Revised Code regarding	11097
the issues specified in that division.	11098

(E) When it finally has been determined under the procedures	11099
of this section and sections 4511.192 to 4511.197 of the Revised	11100
Code that a nonresident's privilege to operate a vehicle within	11101
this state has been suspended, the registrar shall give	11102
information in writing of the action taken to the motor vehicle	11103
administrator of the state of the person's residence and of any	11104
state in which the person has a license.	11105

(F) At the end of a suspension period under this section,	11106
under section 4511.194, section 4511.196, or division (G) of	11107
section 4511.19 of the Revised Code, or under section 4510.07 of	11108
the Revised Code for a violation of a municipal OVI ordinance and	11109
upon the request of the person whose driver's or commercial	11110
driver's license or permit was suspended and who is not otherwise	11111
subject to suspension, cancellation, or disqualification, the	11112
registrar shall return the driver's or commercial driver's license	11113
or permit to the person upon the occurrence of all of the	11114
conditions specified in divisions (F)(1) and (2) of this section:	11115

(1) A showing that the person has proof of financial	11116
responsibility, a policy of liability insurance in effect that	11117
meets the minimum standards set forth in section 4509.51 of the	11118
Revised Code, or proof, to the satisfaction of the registrar, that	11119
the person is able to respond in damages in an amount at least	11120
equal to the minimum amounts specified in section 4509.51 of the	11121
Revised Code.	11122

(2) Subject to the limitation contained in division (F)(3) of	11123
this section, payment by the person to the registrar or an	11124
eligible deputy registrar of a license reinstatement fee of four	11125
hundred seventy-five dollars~~, which fee~~. The registrar or deputy	11126
registrar shall ~~be deposited~~deposit the fee in the state treasury	11127
~~and~~to be credited as follows:	11128

(a) One hundred twelve dollars and fifty cents shall be	11129
credited to the statewide treatment and prevention fund created by	11130
section 4301.30 of the Revised Code. Money credited to the fund	11131
under this section shall be used for purposes identified under	11132
section 5119.22 of the Revised Code.	11133

(b) Seventy-five dollars shall be credited to the reparations	11134
fund created by section 2743.191 of the Revised Code.	11135

(c) Thirty-seven dollars and fifty cents shall be credited to	11136
the indigent drivers alcohol treatment fund, which is hereby	11137
established in the state treasury. ~~Except as otherwise provided in~~	11138
~~division (F)(2)(c) of this section, moneys in the fund shall be~~	11139
~~distributed by the~~The department of mental health and addiction	11140
services shall distribute the moneys in that fund to the county	11141
indigent drivers alcohol treatment funds, the county juvenile	11142
indigent drivers alcohol treatment funds, and the municipal	11143
indigent drivers alcohol treatment funds that are required to be	11144
established by counties and municipal corporations pursuant to	11145
division (H) of this section~~, and shall~~to be used only ~~to pay~~	11146
~~the cost of an alcohol and drug addiction treatment program~~	11147
~~attended by an offender or juvenile traffic offender who is~~	11148
~~ordered to attend an alcohol and drug addiction treatment program~~	11149
~~by a county, juvenile, or municipal court judge and who is~~	11150
~~determined by the county, juvenile, or municipal court judge not~~	11151
~~to have the means to pay for the person's attendance at the~~	11152
~~program or to pay the costs specified in division (H)(4) of this~~	11153
~~section in accordance with that division. In addition, a county,~~	11154
~~juvenile, or municipal court judge may use moneys in the county~~	11155
~~indigent drivers alcohol treatment fund, county juvenile indigent~~	11156
~~drivers alcohol treatment fund, or municipal indigent drivers~~	11157
~~alcohol treatment fund to pay for the cost of the continued use of~~	11158
~~an alcohol monitoring device as described in divisions (H)(3) and~~	11159
~~(4) of this section~~as provided in division (H)(3) of this	11160
section. Moneys in the fund that are not distributed to a county	11161
indigent drivers alcohol treatment fund, a county juvenile	11162
indigent drivers alcohol treatment fund, or a municipal indigent	11163
drivers alcohol treatment fund under division (H) of this section	11164
because the director of mental health and addiction services does	11165
not have the information necessary to identify the county or	11166
municipal corporation where the offender or juvenile offender was	11167
arrested may be transferred by the director of budget and	11168
management to the statewide treatment and prevention fund created	11169
by section 4301.30 of the Revised Code, upon certification of the	11170
amount by the director of mental health and addiction services.	11171

(d) Seventy-five dollars shall be credited to the	11172
opportunities for Ohioans with disabilities agency established by	11173
section 3304.15 of the Revised Code, to the services for	11174
rehabilitation fund, which is hereby established. The fund shall	11175
be used to match available federal matching funds where	11176
appropriate, and for any other purpose or program of the agency to	11177
rehabilitate persons with disabilities to help them become	11178
employed and independent.	11179

(e) Seventy-five dollars shall be deposited into the state	11180
treasury and credited to the drug abuse resistance education	11181
programs fund, which is hereby established, to be used by the	11182
attorney general for the purposes specified in division (F)(4) of	11183
this section.	11184

(f) Thirty dollars shall be credited to the state bureau of	11185
motor vehicles fund created by section 4501.25 of the Revised	11186
Code.	11187

(g) Twenty dollars shall be credited to the trauma and	11188
emergency medical services fund created by section 4513.263 of the	11189
Revised Code.	11190

(h) Fifty dollars shall be credited to the indigent drivers	11191
interlock and alcohol monitoring fund, which is hereby established	11192
in the state treasury. Moneys in the fund shall be distributed by	11193
the department of public safety to the county indigent drivers	11194
interlock and alcohol monitoring funds, the county juvenile	11195
indigent drivers interlock and alcohol monitoring funds, and the	11196
municipal indigent drivers interlock and alcohol monitoring funds	11197
that are required to be established by counties and municipal	11198
corporations pursuant to this section, and shall be used only to	11199
pay the cost of an immobilizing or disabling device, including a	11200
certified ignition interlock device, or an alcohol monitoring	11201
device used by an offender or juvenile offender who is ordered to	11202
use the device by a county, juvenile, or municipal court judge and	11203
who is determined by the county, juvenile, or municipal court	11204
judge not to have the means to pay for the person's use of the	11205
device.	11206

(3) If a person's driver's or commercial driver's license or	11207
permit is suspended under this section, under section 4511.196 or	11208
division (G) of section 4511.19 of the Revised Code, under section	11209
4510.07 of the Revised Code for a violation of a municipal OVI	11210
ordinance or under any combination of the suspensions described in	11211
division (F)(3) of this section, and if the suspensions arise from	11212
a single incident or a single set of facts and circumstances, the	11213
person is liable for payment of, and shall be required to pay to	11214
the registrar or an eligible deputy registrar, only one	11215
reinstatement fee of four hundred seventy-five dollars. The	11216
reinstatement fee shall be distributed by the bureau in accordance	11217
with division (F)(2) of this section.	11218

(4) The attorney general shall use amounts in the drug abuse	11219
resistance education programs fund to award grants to law	11220
enforcement agencies to establish and implement drug abuse	11221
resistance education programs in public schools. Grants awarded to	11222
a law enforcement agency under this section shall be used by the	11223
agency to pay for not more than fifty per cent of the amount of	11224
the salaries of law enforcement officers who conduct drug abuse	11225
resistance education programs in public schools. The attorney	11226
general shall not use more than six per cent of the amounts the	11227
attorney general's office receives under division (F)(2)(e) of	11228
this section to pay the costs it incurs in administering the grant	11229
program established by division (F)(2)(e) of this section and in	11230
providing training and materials relating to drug abuse resistance	11231
education programs.	11232

The attorney general shall report to the governor and the	11233
general assembly each fiscal year on the progress made in	11234
establishing and implementing drug abuse resistance education	11235
programs. These reports shall include an evaluation of the	11236
effectiveness of these programs.	11237

(5) In addition to the reinstatement fee under this section,	11238
if the person pays the reinstatement fee to a deputy registrar,	11239
the deputy registrar shall collect a service fee of ten dollars to	11240
compensate the deputy registrar for services performed under this	11241
section. The deputy registrar shall retain eight dollars of the	11242
service fee and shall transmit the reinstatement fee, plus two	11243
dollars of the service fee, to the registrar in the manner the	11244
registrar shall determine.	11245

(G) Suspension of a commercial driver's license under	11246
division (B) or (C) of this section shall be concurrent with any	11247
period of disqualification under section 3123.611 or 4506.16 of	11248
the Revised Code or any period of suspension under section 3123.58	11249
of the Revised Code. No person who is disqualified for life from	11250
holding a commercial driver's license under section 4506.16 of the	11251
Revised Code shall be issued a driver's license under Chapter	11252
4507. of the Revised Code during the period for which the	11253
commercial driver's license was suspended under division (B) or	11254
(C) of this section. No person whose commercial driver's license	11255
is suspended under division (B) or (C) of this section shall be	11256
issued a driver's license under Chapter 4507. of the Revised Code	11257
during the period of the suspension.	11258

(H)(1) Each county shall establish an indigent drivers	11259
alcohol treatment fund~~, each county shall establish~~and a juvenile	11260
indigent drivers alcohol treatment fund~~, and each~~. Each municipal	11261
corporation in which there is a municipal court shall establish an	11262
indigent drivers alcohol treatment fund. ~~All revenue that the~~	11263
~~general assembly appropriates to the indigent drivers alcohol~~	11264
~~treatment fund for transfer to a county indigent drivers alcohol~~	11265
~~treatment fund, a county juvenile indigent drivers alcohol~~	11266
~~treatment fund, or a municipal indigent drivers alcohol treatment~~	11267
~~fund, all portions of fees that are paid under division (F) of~~	11268
~~this section and that are credited under that division to the~~	11269
~~indigent drivers alcohol treatment fund in the state treasury for~~	11270
~~a county indigent drivers alcohol treatment fund, a county~~	11271
~~juvenile indigent drivers alcohol treatment fund, or a municipal~~	11272
~~indigent drivers alcohol treatment fund, all portions of~~	11273
~~additional costs imposed under section 2949.094 of the Revised~~	11274
~~Code that are specified for deposit into a county, county~~	11275
~~juvenile, or municipal indigent drivers alcohol treatment fund by~~	11276
~~that section, and all portions of fines that are specified for~~	11277
~~deposit into a county or municipal indigent drivers alcohol~~	11278
~~treatment fund by section 4511.193 of the Revised Code shall be~~	11279
~~deposited into that county indigent drivers alcohol treatment~~	11280
~~fund, county juvenile indigent drivers alcohol treatment fund, or~~	11281
~~municipal indigent drivers alcohol treatment fund. The portions of~~	11282
~~the fees paid under division (F) of this section that are to be so~~	11283
~~deposited shall be determined in accordance with division (H)(2)~~	11284
~~of this section. Additionally, all portions of fines that are paid~~	11285
~~for a violation of section 4511.19 of the Revised Code or of any~~	11286
~~prohibition contained in Chapter 4510. of the Revised Code, and~~	11287
~~that are required under section 4511.19 or any provision of~~	11288
~~Chapter 4510. of the Revised Code to be deposited into a county~~	11289
~~indigent drivers alcohol treatment fund or municipal indigent~~	11290
~~drivers alcohol treatment fund shall be deposited into the~~	11291
~~appropriate fund in accordance with the applicable division of the~~	11292
~~section or provision.~~	11293

The treasurer of state or other appropriate official, as	11294
applicable, shall transfer the following into each county indigent	11295
drivers alcohol treatment fund, county juvenile indigent drivers	11296
alcohol treatment fund, or municipal indigent drivers alcohol	11297
treatment fund, as applicable:	11298

(a) All revenue the general assembly appropriates to the	11299
indigent drivers alcohol treatment fund for transfer into such a	11300
fund;	11301

(b) All portions of fees paid under division (F) of this	11302
section that, in accordance with division (H)(2) of this section,	11303
are credited to the indigent drivers alcohol treatment fund for	11304
deposit into such a fund;	11305

(c) All portions of additional costs imposed under section	11306
2949.094 of the Revised Code that are required to be deposited	11307
into such a fund;	11308

(d) All portions of fines that are required to be deposited	11309
into such a fund under section 4511.193 of the Revised Code;	11310

(e) All portions of fines paid under section 4511.19 of the	11311
Revised Code or Chapter 4510. of the Revised Code that are	11312
required to be paid into such a fund.	11313

(2) That portion of the license reinstatement fee that is	11314
paid under division (F) of this section and that is credited under	11315
that division to the indigent drivers alcohol treatment fund shall	11316
be deposited into a county indigent drivers alcohol treatment	11317
fund, a county juvenile indigent drivers alcohol treatment fund,	11318
or a municipal indigent drivers alcohol treatment fund as follows:	11319

(a) Regarding a suspension imposed under this section, that	11320
portion of the fee shall be deposited as follows:	11321

(i) If the fee is paid by a person who was charged in a	11322
county court with the violation that resulted in the suspension or	11323
in the imposition of the court costs, the portion shall be	11324
deposited into the county indigent drivers alcohol treatment fund	11325
under the control of that court;	11326

(ii) If the fee is paid by a person who was charged in a	11327
juvenile court with the violation that resulted in the suspension	11328
or in the imposition of the court costs, the portion shall be	11329
deposited into the county juvenile indigent drivers alcohol	11330
treatment fund established in the county served by the court;	11331

(iii) If the fee is paid by a person who was charged in a	11332
municipal court with the violation that resulted in the suspension	11333
or in the imposition of the court costs, the portion shall be	11334
deposited into the municipal indigent drivers alcohol treatment	11335
fund under the control of that court.	11336

(b) Regarding a suspension imposed under section 4511.19 of	11337
the Revised Code or under section 4510.07 of the Revised Code for	11338
a violation of a municipal OVI ordinance, that portion of the fee	11339
shall be deposited as follows:	11340

(i) If the fee is paid by a person whose license or permit	11341
was suspended by a county court, the portion shall be deposited	11342
into the county indigent drivers alcohol treatment fund under the	11343
control of that court;	11344

(ii) If the fee is paid by a person whose license or permit	11345
was suspended by a municipal court, the portion shall be deposited	11346
into the municipal indigent drivers alcohol treatment fund under	11347
the control of that court.	11348

(3) ~~Expenditures~~(a) As used in division (H)(3) of this	11349
section, "indigent person" means a person who is convicted of, or	11350
found to be a juvenile traffic offender by reason of, a violation	11351
of division (A) of section 4511.19 of the Revised Code or a	11352
substantially similar municipal ordinance, who is ordered by the	11353
court to attend an alcohol and drug addiction treatment program,	11354
and who is determined by the court under division (H)(5) of this	11355
section to be unable to pay the cost of the assessment or the cost	11356
of attendance at the treatment program.	11357

(b) A county, juvenile, or municipal court judge, by order,	11358
may make expenditures from a county indigent drivers alcohol	11359
treatment fund, a county juvenile indigent drivers alcohol	11360
treatment fund, or a municipal indigent drivers alcohol treatment	11361
fund ~~shall be made only upon the order of a county, juvenile, or~~	11362
~~municipal court judge and only for payment of the cost of an~~	11363
~~assessment or the cost of the attendance at an alcohol and drug~~	11364
~~addiction treatment program of a~~with respect to an indigent	11365
person ~~who is convicted of, or found to be a juvenile traffic~~	11366
~~offender by reason of, a violation of division (A) of section~~	11367
~~4511.19 of the Revised Code or a substantially similar municipal~~	11368
~~ordinance, who is ordered by the court to attend the alcohol and~~	11369
~~drug addiction treatment program, and who is determined by the~~	11370
~~court to be unable to pay the cost of the assessment or the cost~~	11371
~~of attendance at the treatment program or for payment of the costs~~	11372
~~specified in division (H)(4) of this section in accordance with~~	11373
~~that division. The~~for any of the following:	11374

(i) To pay the cost of an assessment that is conducted by an	11375
appropriately licensed clinician at either a driver intervention	11376
program that is certified under section 5119.38 of the Revised	11377
Code or at a community addiction services provider that is	11378
certified under section 5119.36 of the Revised Code;	11379

(ii) To pay the cost of alcohol addiction services, drug	11380
addiction services, or integrated alcohol and drug addiction	11381
services at a community addiction services provider that is	11382
certified under section 5119.36 of the Revised Code;	11383

(iii) To pay the cost of transportation to attend an	11384
assessment as provided under division (H)(3)(b)(i) of this section	11385
or addiction services as provided under division (H)(3)(b)(ii) of	11386
this section.	11387

The alcohol and drug addiction services board or the board of	11388
alcohol, drug addiction, and mental health services established	11389
pursuant to section 340.02 or 340.021 of the Revised Code and	11390
serving the alcohol, drug addiction, and mental health service	11391
district in which the court is located shall administer the	11392
indigent drivers alcohol treatment program of the court. When a	11393
court orders an offender or juvenile traffic offender to obtain an	11394
assessment or attend an alcohol and drug addiction treatment	11395
program, the board shall determine which program is suitable to	11396
meet the needs of the offender or juvenile traffic offender, and	11397
when a suitable program is located and space is available at the	11398
program, the offender or juvenile traffic offender shall attend	11399
the program designated by the board. A reasonable amount not to	11400
exceed five per cent of the amounts credited to and deposited into	11401
the county indigent drivers alcohol treatment fund, the county	11402
juvenile indigent drivers alcohol treatment fund, or the municipal	11403
indigent drivers alcohol treatment fund serving every court whose	11404
program is administered by that board shall be paid to the board	11405
to cover the costs it incurs in administering those indigent	11406
drivers alcohol treatment programs.	11407

~~In addition, upon~~(c) Upon exhaustion of moneys in the	11408
indigent drivers interlock and alcohol monitoring fund for the use	11409
of an alcohol monitoring device, a county, juvenile, or municipal	11410
court judge may use moneys in the county indigent drivers alcohol	11411
treatment fund, county juvenile indigent drivers alcohol treatment	11412
fund, or municipal indigent drivers alcohol treatment fund in	11413
either of the following manners:	11414

~~(a)~~(i) If the source of the moneys was an appropriation of	11415
the general assembly, a portion of a fee that was paid under	11416
division (F) of this section, a portion of a fine that was	11417
specified for deposit into the fund by section 4511.193 of the	11418
Revised Code, or a portion of a fine that was paid for a violation	11419
of section 4511.19 of the Revised Code or of a provision contained	11420
in Chapter 4510. of the Revised Code that was required to be	11421
deposited into the fund, to pay for the continued use of an	11422
alcohol monitoring device by an offender or juvenile traffic	11423
offender, in conjunction with a treatment program approved by the	11424
department of mental health and addiction services, when such use	11425
is determined clinically necessary by the treatment program and	11426
when the court determines that the offender or juvenile traffic	11427
offender is unable to pay all or part of the daily monitoring or	11428
cost of the device;	11429

~~(b)~~(ii) If the source of the moneys was a portion of an	11430
additional court cost imposed under section 2949.094 of the	11431
Revised Code, to pay for the continued use of an alcohol	11432
monitoring device by an offender or juvenile traffic offender when	11433
the court determines that the offender or juvenile traffic	11434
offender is unable to pay all or part of the daily monitoring or	11435
cost of the device. The moneys may be used for a device as	11436
described in this division if the use of the device is in	11437
conjunction with a treatment program approved by the department of	11438
mental health and addiction services, when the use of the device	11439
is determined clinically necessary by the treatment program, but	11440
the use of a device is not required to be in conjunction with a	11441
treatment program approved by the department in order for the	11442
moneys to be used for the device as described in this division.	11443

(4) If a county, juvenile, or municipal court determines, in	11444
consultation with the alcohol and drug addiction services board or	11445
the board of alcohol, drug addiction, and mental health services	11446
established pursuant to section 340.02 or 340.021 of the Revised	11447
Code and serving the alcohol, drug addiction, and mental health	11448
district in which the court is located, that the funds in the	11449
county indigent drivers alcohol treatment fund, the county	11450
juvenile indigent drivers alcohol treatment fund, or the municipal	11451
indigent drivers alcohol treatment fund under the control of the	11452
court are more than sufficient to satisfy the purpose for which	11453
the fund was established, as specified in divisions (H)(1) to (3)	11454
of this section, the court may declare a surplus in the fund. If	11455
the court declares a surplus in the fund, the court may ~~expend~~	11456
take any of the following actions with regard to the amount of the	11457
surplus in the fund ~~for~~:	11458

(a) ~~Alcohol~~Expend any of the surplus amount for alcohol and	11459
drug abuse assessment and treatment, and for the cost of	11460
transportation related to assessment and treatment, of persons who	11461
are charged in the court with committing a criminal offense or	11462
with being a delinquent child or juvenile traffic offender and in	11463
relation to whom both of the following apply:	11464

(i) The court determines that substance abuse was a	11465
contributing factor leading to the criminal or delinquent activity	11466
or the juvenile traffic offense with which the person is charged.	11467

(ii) The court determines that the person is unable to pay	11468
the cost of the alcohol and drug abuse assessment and treatment	11469
for which the surplus money will be used.	11470

(b) ~~All~~Expend any of the surplus amount to pay all or part	11471
of the cost of purchasing alcohol monitoring devices to be used in	11472
conjunction with division (H)(3)(c) of this section, upon	11473
exhaustion of moneys in the indigent drivers interlock and alcohol	11474
monitoring fund for the use of an alcohol monitoring device.	11475

(c) Transfer to another court in the same county any of the	11476
surplus amount to be utilized in a manner consistent with division	11477
(H)(3) of this section. If surplus funds are transferred to	11478
another court, the court that transfers the funds shall notify the	11479
alcohol and drug addiction services board or the board of alcohol,	11480
drug addiction, and mental health services that serves the	11481
alcohol, drug addiction, and mental health service district in	11482
which that court is located.	11483

(d) Transfer to the alcohol and drug addiction services board	11484
or the board of alcohol, drug addiction, and mental health	11485
services that serves the alcohol, drug addiction, and mental	11486
health service district in which the court is located any of the	11487
surplus amount to be utilized in a manner consistent with division	11488
(H)(3) of this section or for board contracted recovery support	11489
services.	11490

(5) ~~For the purpose of determining as described in division~~	11491
~~(F)(2)(c) of this section whether~~In order to determine if an	11492
offender does not have the means to pay for the offender's	11493
attendance at an alcohol and drug addiction treatment program for	11494
purposes of division (H)(3) of this section or ~~whether~~if an	11495
alleged offender or delinquent child is unable to pay the costs	11496
specified in division (H)(4) of this section, the court shall use	11497
the indigent client eligibility guidelines and the standards of	11498
indigency established by the state public defender to make the	11499
determination.	11500

(6) The court shall identify and refer any community	11501
addiction services provider that is not certified under section	11502
5119.36 of the Revised Code and that is interested in receiving	11503
amounts from the surplus in the fund declared under division	11504
(H)(4) of this section to the department of mental health and	11505
addiction services in order for the services provider to become a	11506
certified community addiction services provider. The department	11507
shall keep a record of applicant referrals received pursuant to	11508
this division and shall submit a report on the referrals each year	11509
to the general assembly. If a services provider interested in	11510
becoming certified makes an application to become certified	11511
pursuant to section 5119.36 of the Revised Code, the services	11512
provider is eligible to receive surplus funds as long as the	11513
application is pending with the department. The department of	11514
mental health and addiction services must offer technical	11515
assistance to the applicant. If the interested services provider	11516
withdraws the certification application, the department must	11517
notify the court, and the court shall not provide the interested	11518
services provider with any further surplus funds.	11519

(7)(a) Each alcohol and drug addiction services board and	11520
board of alcohol, drug addiction, and mental health services	11521
established pursuant to section 340.02 or 340.021 of the Revised	11522
Code shall submit to the department of mental health and addiction	11523
services an annual report for each indigent drivers alcohol	11524
treatment fund in that board's area.	11525

(b) The report, which shall be submitted not later than sixty	11526
days after the end of the state fiscal year, shall provide the	11527
total payment that was made from the fund, including the number of	11528
indigent consumers that received treatment services and the number	11529
of indigent consumers that received an alcohol monitoring device.	11530
The report shall identify the treatment program and expenditure	11531
for an alcohol monitoring device for which that payment was made.	11532
The report shall include the fiscal year balance of each indigent	11533
drivers alcohol treatment fund located in that board's area. In	11534
the event that a surplus is declared in the fund pursuant to	11535
division (H)(4) of this section, the report also shall provide the	11536
total payment that was made from the surplus moneys and identify	11537
the ~~treatment program and expenditure for an alcohol monitoring~~	11538
~~device~~authorized purpose for which that payment was made.	11539

(c) If a board is unable to obtain adequate information to	11540
develop the report to submit to the department for a particular	11541
indigent drivers alcohol treatment fund, the board shall submit a	11542
report detailing the effort made in obtaining the information.	11543

(I)(1) Each county shall establish an indigent drivers	11544
interlock and alcohol monitoring fund and a juvenile indigent	11545
drivers interlock and alcohol treatment fund~~, and each~~. Each	11546
municipal corporation in which there is a municipal court shall	11547
establish an indigent drivers interlock and alcohol monitoring	11548
fund. ~~All revenue that the general assembly appropriates to the~~	11549
~~indigent drivers interlock and alcohol monitoring fund for~~	11550
~~transfer to a county indigent drivers interlock and alcohol~~	11551
~~monitoring fund, a county juvenile indigent drivers interlock and~~	11552
~~alcohol monitoring fund, or a municipal indigent drivers interlock~~	11553
~~and alcohol monitoring fund, all portions of license reinstatement~~	11554
~~fees that are paid under division (F)(2) of this section and that~~	11555
~~are credited under that division to the indigent drivers interlock~~	11556
~~and alcohol monitoring fund in the state treasury, and all~~	11557
~~portions of fines that are paid under division (G) of section~~	11558
~~4511.19 of the Revised Code and that are credited by division~~	11559
~~(G)(5)(e) of that section to the indigent drivers interlock and~~	11560
~~alcohol monitoring fund in the state treasury shall be deposited~~	11561
~~in the appropriate fund in accordance with division (I)(2) of this~~	11562
~~section.~~	11563

The treasurer of state shall transfer the following into each	11564
county indigent drivers interlock and alcohol monitoring fund,	11565
county juvenile indigent drivers interlock and alcohol monitoring	11566
fund, or municipal indigent drivers interlock and alcohol	11567
monitoring fund, as applicable:	11568

(a) All revenue the general assembly appropriates to the	11569
indigent drivers interlock and alcohol monitoring fund for	11570
transfer into such a fund;	11571

(b) All portions of license reinstatement fees paid under	11572
division (F)(2) of this section that, in accordance with division	11573
(I)(2) of this section, are credited to the indigent drivers	11574
interlock and alcohol monitoring fund for deposit into a such	11575
fund;	11576

(c) All portions of fines that are paid under division (G) of	11577
section 4511.19 of the Revised Code and are credited by division	11578
(G)(5)(e) of that section to the indigent drivers interlock and	11579
alcohol monitoring fund for deposit into such a fund in accordance	11580
with division (I)(2) of this section.	11581

(2) That portion of the license reinstatement fee that is	11582
paid under division (F) of this section and that portion of the	11583
fine paid under division (G) of section 4511.19 of the Revised	11584
Code and that is credited under either division to the indigent	11585
drivers interlock and alcohol monitoring fund shall be deposited	11586
into a county indigent drivers interlock and alcohol monitoring	11587
fund, a county juvenile indigent drivers interlock and alcohol	11588
monitoring fund, or a municipal indigent drivers interlock and	11589
alcohol monitoring fund as follows:	11590

(a) If the fee or fine is paid by a person who was charged in	11591
a county court with the violation that resulted in the suspension	11592
or fine, the portion shall be deposited into the county indigent	11593
drivers interlock and alcohol monitoring fund under the control of	11594
that court.	11595

(b) If the fee or fine is paid by a person who was charged in	11596
a juvenile court with the violation that resulted in the	11597
suspension or fine, the portion shall be deposited into the county	11598
juvenile indigent drivers interlock and alcohol monitoring fund	11599
established in the county served by the court.	11600

(c) If the fee or fine is paid by a person who was charged in	11601
a municipal court with the violation that resulted in the	11602
suspension, the portion shall be deposited into the municipal	11603
indigent drivers interlock and alcohol monitoring fund under the	11604
control of that court.	11605

(3) If a county, juvenile, or municipal court determines that	11606
the funds in the county indigent drivers interlock and alcohol	11607
monitoring fund, the county juvenile indigent drivers interlock	11608
and alcohol monitoring fund, or the municipal indigent drivers	11609
interlock and alcohol monitoring fund under the control of that	11610
court are more than sufficient to satisfy the purpose for which	11611
the fund was established as specified in division (F)(2)(h) of	11612
this section, the court may declare a surplus in the fund. The	11613
court then may order the transfer of a specified amount into the	11614
county indigent drivers alcohol treatment fund, the county	11615
juvenile indigent drivers alcohol treatment fund, or the municipal	11616
indigent drivers alcohol treatment fund under the control of that	11617
court to be utilized in accordance with division (H) of this	11618
section.	11619

Sec. 4729.03. The state board of pharmacy shall organize by	11620
electing a president and a vice-president who are members of the	11621
board. The president shall preside over the meetings of the board,	11622
but shall not vote upon matters determined by the board, except in	11623
the event of a tie vote, in which case the president shall vote.	11624
The board shall also employ an executive director ~~who is a~~	11625
~~licensed pharmacist in good standing in the practice of pharmacy~~	11626
~~in this state~~. The person employed shall not be a member of the	11627
board. Each of the officers elected shall serve for a term of one	11628
year. The members of the board shall receive an amount fixed	11629
pursuant to division (J) of section 124.15 of the Revised Code for	11630
each day employed in the discharge of their official duties and	11631
their necessary expenses while engaged therein.	11632

Sec. 4729.54. (A) As used in this section and section	11633
4729.541 of the Revised Code:	11634

(1) "Category I" means single-dose injections of intravenous	11635
fluids, including saline, Ringer's lactate, five per cent dextrose	11636
and distilled water, and other intravenous fluids or parenteral	11637
solutions included in this category by rule of the state board of	11638
pharmacy, that have a volume of one hundred milliliters or more	11639
and that contain no added substances, or single-dose injections of	11640
epinephrine to be administered pursuant to sections 4765.38 and	11641
4765.39 of the Revised Code.	11642

(2) "Category II" means any dangerous drug that is not	11643
included in category I or III.	11644

(3) "Category III" means any controlled substance that is	11645
contained in schedule I, II, III, IV, or V.	11646

(4) "Emergency medical service organization" has the same	11647
meaning as in section 4765.01 of the Revised Code.	11648

(5) "Person" includes an emergency medical service	11649
organization.	11650

(6) "Schedule I, schedule II, schedule III, schedule IV, and	11651
schedule V" mean controlled substance schedules I, II, III, IV,	11652
and V, respectively, as established pursuant to section 3719.41 of	11653
the Revised Code and as amended.	11654

(B)(1) A person who desires to be licensed as a terminal	11655
distributor of dangerous drugs shall file with the executive	11656
director of the state board of pharmacy a verified application.	11657
After it is filed, the application may not be withdrawn without	11658
approval of the board.	11659

(2) An application shall contain all the following that apply	11660
in the applicant's case:	11661

(a) Information that the board requires relative to the	11662
qualifications of a terminal distributor of dangerous drugs set	11663
forth in section 4729.55 of the Revised Code;	11664

(b) A statement that the person wishes to be licensed as a	11665
category I, category II, category III, limited category I, limited	11666
category II, or limited category III terminal distributor of	11667
dangerous drugs;	11668

(c) If the person wishes to be licensed as a limited category	11669
I, limited category II, or limited category III terminal	11670
distributor of dangerous drugs, a notarized list of the dangerous	11671
drugs that the person wishes to possess, have custody or control	11672
of, and distribute, which list shall also specify the purpose for	11673
which those drugs will be used and their source;	11674

(d) If the person is an emergency medical service	11675
organization, the information that is specified in division (C)(1)	11676
of this section;	11677

(e) Except for an emergency medical service organization, the	11678
identity of the one establishment or place at which the person	11679
intends to engage in the sale or other distribution of dangerous	11680
drugs at retail, and maintain possession, custody, or control of	11681
dangerous drugs for purposes other than the person's own use or	11682
consumption;	11683

(f) If the application pertains to a pain management clinic,	11684
information that demonstrates, to the satisfaction of the board,	11685
compliance with division (A) of section 4729.552 of the Revised	11686
Code.	11687

(C)(1) An emergency medical service organization that wishes	11688
to be licensed as a terminal distributor of dangerous drugs shall	11689
list in its application for licensure the following additional	11690
information:	11691

(a) The units under its control that the organization	11692
determines will possess dangerous drugs for the purpose of	11693
administering emergency medical services in accordance with	11694
Chapter 4765. of the Revised Code;	11695

(b) With respect to each such unit, whether the dangerous	11696
drugs that the organization determines the unit will possess are	11697
in category I, II, or III.	11698

(2) An emergency medical service organization that is	11699
licensed as a terminal distributor of dangerous drugs shall file a	11700
new application for such licensure if there is any change in the	11701
number, or location of, any of its units or any change in the	11702
category of the dangerous drugs that any unit will possess.	11703

(3) A unit listed in an application for licensure pursuant to	11704
division (C)(1) of this section may obtain the dangerous drugs it	11705
is authorized to possess from its emergency medical service	11706
organization or, on a replacement basis, from a hospital pharmacy.	11707
If units will obtain dangerous drugs from a hospital pharmacy, the	11708
organization shall file, and maintain in current form, the	11709
following items with the pharmacist who is responsible for the	11710
hospital's terminal distributor of dangerous drugs license:	11711

(a) A copy of its standing orders or protocol;

11712

(b) A list of the personnel employed or used by the	11713
organization to provide emergency medical services in accordance	11714
with Chapter 4765. of the Revised Code, who are authorized to	11715
possess the drugs, which list also shall indicate the personnel	11716
who are authorized to administer the drugs.	11717

(D) Each emergency medical service organization that applies	11718
for a terminal distributor of dangerous drugs license shall submit	11719
with its application the following:	11720

(1) A notarized copy of its standing orders or protocol,	11721
which orders or protocol shall be signed by a physician and	11722
specify the dangerous drugs that its units may carry, expressed in	11723
standard dose units;	11724

(2) A list of the personnel employed or used by the	11725
organization to provide emergency medical services in accordance	11726
with Chapter 4765. of the Revised Code.	11727

An emergency medical service organization that is licensed as	11728
a terminal distributor shall notify the board immediately of any	11729
changes in its standing orders or protocol.	11730

(E) There shall be six categories of terminal distributor of	11731
dangerous drugs licenses, which categories shall be as follows:	11732

(1) Category I license. A person who obtains this license may	11733
possess, have custody or control of, and distribute only the	11734
dangerous drugs described in category I.	11735

(2) Limited category I license. A person who obtains this	11736
license may possess, have custody or control of, and distribute	11737
only the dangerous drugs described in category I that were listed	11738
in the application for licensure.	11739

(3) Category II license. A person who obtains this license	11740
may possess, have custody or control of, and distribute only the	11741
dangerous drugs described in category I and category II.	11742

(4) Limited category II license. A person who obtains this	11743
license may possess, have custody or control of, and distribute	11744
only the dangerous drugs described in category I or category II	11745
that were listed in the application for licensure.	11746

(5) Category III license, which may include a pain management	11747
clinic classification issued under section 4729.552 of the Revised	11748
Code. A person who obtains this license may possess, have custody	11749
or control of, and distribute the dangerous drugs described in	11750
category I, category II, and category III. If the license includes	11751
a pain management clinic classification, the person may operate a	11752
pain management clinic.	11753

(6) Limited category III license. A person who obtains this	11754
license may possess, have custody or control of, and distribute	11755
only the dangerous drugs described in category I, category II, or	11756
category III that were listed in the application for licensure.	11757

(F) Except for an application made on behalf of an animal	11758
shelter, if an applicant for licensure as a limited category I,	11759
II, or III terminal distributor of dangerous drugs intends to	11760
administer dangerous drugs to a person or animal, the applicant	11761
shall submit, with the application, a notarized copy of its	11762
protocol or standing orders, which protocol or orders shall be	11763
signed by a licensed health professional authorized to prescribe	11764
drugs, specify the dangerous drugs to be administered, and list	11765
personnel who are authorized to administer the dangerous drugs in	11766
accordance with federal law or the law of this state. An	11767
application made on behalf of an animal shelter shall include a	11768
notarized list of the dangerous drugs to be administered to	11769
animals and the personnel who are authorized to administer the	11770
drugs to animals in accordance with section 4729.532 of the	11771
Revised Code. After obtaining a terminal distributor license, a	11772
licensee shall notify the board immediately of any changes in its	11773
protocol or standing orders, or in such personnel.	11774

(G)(1) Except as provided in division (G)(2) of this section,	11775
each applicant for licensure as a terminal distributor of	11776
dangerous drugs shall submit, with the application, a license fee	11777
determined as follows:	11778

(a) For a category I or limited category I license,	11779
forty-five dollars;	11780

(b) For a category II or limited category II license, one	11781
hundred twelve dollars and fifty cents;	11782

(c) For a category III license, including a license with a	11783
pain management clinic classification issued under section	11784
4729.552 of the Revised Code, or a limited category III license,	11785
one hundred fifty dollars.	11786

(2) For a professional association, corporation, partnership,	11787
or limited liability company organized for the purpose of	11788
practicing veterinary medicine, the fee shall be forty dollars.	11789

(3) Fees assessed under divisions (G)(1) and (2) of this	11790
section shall not be returned if the applicant fails to qualify	11791
for registration.	11792

(H)(1) The board shall issue a terminal distributor of	11793
dangerous drugs license to each person who submits an application	11794
for such licensure in accordance with this section, pays the	11795
required license fee, is determined by the board to meet the	11796
requirements set forth in section 4729.55 of the Revised Code, and	11797
satisfies any other applicable requirements of this section.	11798

(2) The license of a person other than an emergency medical	11799
service organization shall describe the one establishment or place	11800
at which the licensee may engage in the sale or other distribution	11801
of dangerous drugs at retail and maintain possession, custody, or	11802
control of dangerous drugs for purposes other than the licensee's	11803
own use or consumption. The one establishment or place shall be	11804
that which is described in the application for licensure.	11805

No such license shall authorize or permit the terminal	11806
distributor of dangerous drugs named in it to engage in the sale	11807
or other distribution of dangerous drugs at retail or to maintain	11808
possession, custody, or control of dangerous drugs for any purpose	11809
other than the distributor's own use or consumption, at any	11810
establishment or place other than that described in the license,	11811
except that an agent or employee of an animal shelter may possess	11812
and use dangerous drugs in the course of business as provided in	11813
division (D) of section 4729.532 of the Revised Code.	11814

(3) The license of an emergency medical service organization	11815
shall cover and describe all the units of the organization listed	11816
in its application for licensure.	11817

(4) The license of every terminal distributor of dangerous	11818
drugs shall indicate, on its face, the category of licensure. If	11819
the license is a limited category I, II, or III license, it shall	11820
specify, and shall authorize the licensee to possess, have custody	11821
or control of, and distribute only, the dangerous drugs that were	11822
listed in the application for licensure.	11823

(I) All licenses issued pursuant to this section shall be	11824
effective for a period of twelve months from the first day of	11825
~~January~~April of each year. A license shall be renewed by the	11826
board for a like period, annually, according to the provisions of	11827
this section, and the standard renewal procedure of Chapter 4745.	11828
of the Revised Code. A person who desires to renew a license shall	11829
submit an application for renewal and pay the required fee on or	11830
before the thirty-first day of ~~December~~March each year. The fee	11831
required for the renewal of a license shall be the same as the fee	11832
paid for the license being renewed, and shall accompany the	11833
application for renewal.	11834

A license that has not been renewed during ~~December~~March in	11835
any year and by the first day of ~~February~~May of the ~~following~~	11836
same year may be reinstated only upon payment of the required	11837
renewal fee and a penalty fee of fifty-five dollars.	11838

(J)(1) No emergency medical service organization that is	11839
licensed as a terminal distributor of dangerous drugs shall fail	11840
to comply with division (C)(2) or (3) of this section.	11841

(2) No emergency medical service organization that is	11842
licensed as a terminal distributor of dangerous drugs shall fail	11843
to comply with division (D) of this section.	11844

(3) No licensed terminal distributor of dangerous drugs shall	11845
possess, have custody or control of, or distribute dangerous drugs	11846
that the terminal distributor is not entitled to possess, have	11847
custody or control of, or distribute by virtue of its category of	11848
licensure.	11849

(4) No licensee that is required by division (F) of this	11850
section to notify the board of changes in its protocol or standing	11851
orders, or in personnel, shall fail to comply with that division.	11852

Sec. 4729.83. (A) If the state board of pharmacy establishes	11853
and maintains a drug database pursuant to section 4729.75 of the	11854
Revised Code, the board ~~shall not impose any charge on a terminal~~	11855
~~distributor of dangerous drugs, pharmacist, or prescriber for the~~	11856
~~establishment or maintenance of the database. The board~~ shall not	11857
charge any fees for the transmission of data to the database or	11858
for the receipt of information from the database, except that the	11859
board may charge a fee in accordance with rules adopted under	11860
section 4729.84 of the Revised Code to an individual who requests	11861
the individual's own database information under section 4729.80 of	11862
the Revised Code.	11863

(B) The board may accept grants, gifts, or donations for	11864
purposes of the drug database. Any money received shall be	11865
deposited into the state treasury to the credit of the drug	11866
database fund, which is hereby created. Money in the fund shall be	11867
used solely for purposes of the drug database.	11868

Sec. 4737.045. (A) To register as a scrap metal dealer or a	11869
bulk merchandise container dealer with the director of public	11870
safety as required by division (B) of section 4737.04 of the	11871
Revised Code, a person shall do all of the following:	11872

(1) Provide the name and street address of the dealer's place	11873
of business;	11874

(2) Provide the name of the primary owner of the business,	11875
and of the manager of the business, if the manager is not the	11876
primary owner;	11877

(3) Provide the electronic mail address of the business;

11878

(4) Provide confirmation that the dealer has the capabilities	11879
to electronically connect with the department of public safety for	11880
the purpose of sending and receiving information;	11881

(5) Provide any other information required by the director in	11882
rules the director adopts pursuant to sections 4737.01 to 4737.045	11883
of the Revised Code;	11884

(6) Pay an initial registration fee of two hundred dollars.

11885

(B) A person engaging in the business of a scrap metal dealer	11886
or a bulk merchandise container dealer in this state on or before	11887
~~the effective date of this section~~September 28, 2012, shall	11888
register with the director not later than January 1, 2013. With	11889
respect to a person who commences engaging in the business of a	11890
scrap metal dealer or a bulk merchandise container dealer after	11891
~~the effective date of this section~~September 28, 2012, the person	11892
shall register with the director pursuant to this section prior to	11893
commencing business as a scrap metal dealer or a bulk merchandise	11894
container dealer.	11895

(C) A registration issued to a scrap metal dealer or a bulk	11896
merchandise container dealer pursuant to this section is valid for	11897
a period of one year. A dealer shall renew the registration in	11898
accordance with the rules adopted by the director and pay a	11899
renewal fee of one hundred fifty dollars to cover the costs of	11900
operating and maintaining the registry created pursuant to	11901
division (E) of this section.	11902

(D) A scrap metal dealer or a bulk merchandise container	11903
dealer registered under this section shall prominently display a	11904
copy of the annual registration certificate received from the	11905
director pursuant to division (E)(2) of this section.	11906

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

11907

(1) Develop and implement, by January 1, 2014, and maintain	11908
as a registry a secure database for use by law enforcement	11909
agencies that is capable of all of the following:	11910

(a) Receiving and securely storing all of the information	11911
required by division (A) of this section and the daily transaction	11912
data that scrap metal dealers and bulk merchandise dealers are	11913
required to send pursuant to division (E)(1) of section 4737.04 of	11914
the Revised Code;	11915

(b) Providing secure search capabilities to law enforcement	11916
agencies for enforcement purposes;	11917

(c) Creating a link and retransmission capability for receipt	11918
of routine scrap theft alerts published by the institute of scrap	11919
recycling industries for transmission to dealers and law	11920
enforcement agencies in the state;	11921

(d) Making the electronic lists prepared pursuant to division	11922
(F)(2) of section 4737.04 of the Revised Code available through an	11923
electronic searchable format for individual law enforcement	11924
agencies and for dealers in the state;	11925

(e) Providing, without charge, interlink programming enabling	11926
the transfer of information to dealers.	11927

(2) Issue, reissue, or deny registration to dealers;

11928

(3) Adopt rules to enforce sections 4737.01 to 4737.045 of	11929
the Revised Code, rules establishing procedures to renew a	11930
registration issued under this section, rules for the format and	11931
maintenance for the records required under division (A) of section	11932
4737.012 of the Revised Code or division (C) of section 4737.04 of	11933
the Revised Code, and rules regarding the delivery of the report	11934
required by division (E)(1) of section 4737.04 of the Revised Code	11935
to the registry, which shall be used exclusively by law	11936
enforcement agencies.	11937

(F) A scrap metal dealer or bulk merchandise container dealer	11938
may search, modify, or update only the dealer's own business data	11939
contained within the registry established in division (E) of this	11940
section.	11941

(G) All fees received by the director pursuant to this	11942
section and division (F) of section 4737.99 of the Revised Code	11943
shall be used to develop and maintain the registry required under	11944
this section. The fees shall be deposited into the ~~security,~~	11945
~~investigations, and policing~~infrastructure protection fund which	11946
is hereby created ~~in section 4501.11 of the Revised Code~~.	11947

Sec. 4758.01. As used in this chapter:

11948

(A) "Accredited educational institution" means an educational	11949
institution accredited by an accrediting agency accepted by the	11950
Ohio board of regents.	11951

(B)(1) "Alcohol and other drug clinical counseling	11952
principles, methods, or procedures" means an approach to chemical	11953
dependency counseling that emphasizes the chemical dependency	11954
counselor's role in systematically assisting clients through all	11955
of the following:	11956

(a) Analyzing background and current information;

11957

(b) Exploring possible solutions;

11958

11959

(d) In the case of an independent chemical dependency	11960
counselor-clinical supervisor, independent chemical dependency	11961
counselor, or chemical dependency counselor III only, diagnosing	11962
chemical dependency conditions.	11963

(2) "Alcohol and other drug clinical counseling principles,	11964
methods, or procedures" includes counseling, assessing,	11965
consulting, and referral as they relate to chemical dependency	11966
conditions.	11967

(C) "Alcohol and other drug prevention services" means a	11968
planned process of strategies and activities designed to preclude	11969
the onset of the use of alcohol and other drugs, reduce	11970
problematic use of alcohol and other drugs, or both.	11971

(D) "Chemical dependency conditions" means those conditions	11972
relating to the abuse of or dependency on alcohol or other drugs	11973
that are classified in accepted nosologies, including the	11974
diagnostic and statistical manual of mental disorders and the	11975
international classification of diseases, and in editions of those	11976
nosologies published after December 23, 2002.	11977

(E) "Chemical dependency counseling" means rendering or	11978
offering to render to individuals, groups, or the public a	11979
counseling service involving the application of alcohol and other	11980
drug clinical counseling principles, methods, or procedures to	11981
assist individuals who are abusing or dependent on alcohol or	11982
other drugs.	11983

(F) "Pathological and problem gambling" means a persistent	11984
and recurring maladaptive gambling behavior that is classified in	11985
accepted nosologies, including the diagnostic and statistical	11986
manual of mental disorders and the international classification of	11987
diseases, and in editions of those nosologies published after the	11988
effective date of this section.	11989

(G) Unless the context provides otherwise, "scope of	11990
practice" means the services, methods, and techniques in which and	11991
the areas for which a person who holds a license or, certificate,	11992
or endorsement under this chapter is trained and qualified.	11993

~~(G)~~(H) "Substance abuse professional" has the same meaning as	11994
in 49 C.F.R. 40.3.	11995

~~(H)~~(I) "U.S. department of transportation drug and alcohol	11996
testing program" means a transportation workplace drug and alcohol	11997
testing program governed by 49 C.F.R. part 40.	11998

Sec. 4758.02. (A) Except as provided in section 4758.03 of	11999
the Revised Code, no person shall do any of the following:	12000

(1) Engage in or represent to the public that the person	12001
engages in chemical dependency counseling for a fee, salary, or	12002
other consideration unless the person holds a valid independent	12003
chemical dependency counselor-clinical supervisor license,	12004
independent chemical dependency counselor license, chemical	12005
dependency counselor III license, chemical dependency counselor II	12006
license, or chemical dependency counselor assistant certificate	12007
issued under this chapter;	12008

(2) Use the title "licensed independent chemical dependency	12009
counselor-clinical supervisor," "LICDC-CS," "licensed independent	12010
chemical dependency counselor," "LICDC," "licensed chemical	12011
dependency counselor III," "LCDC III," "licensed chemical	12012
dependency counselor II," "LCDC II," "chemical dependency	12013
counselor assistant," "CDCA," or any other title or description	12014
incorporating the word "chemical dependency counselor" or any	12015
other initials used to identify persons acting in those capacities	12016
unless currently authorized under this chapter to act in the	12017
capacity indicated by the title or initials;	12018

(3) Represent to the public that the person holds a	12019
pathological and problem gambling endorsement unless the person	12020
holds a valid pathological and problem gambling endorsement issued	12021
under this chapter;	12022

(4) Represent to the public that the person is a registered	12023
applicant unless the person holds a valid registered applicant	12024
certificate issued under this chapter;	12025

~~(4)~~(5) Use the title "certified prevention specialist II,"	12026
"CPS II," "certified prevention specialist I," "CPS I," "certified	12027
prevention specialist assistant," "CPSA," "registered applicant,"	12028
"RA," or any other title, description, or initials used to	12029
identify persons acting in those capacities unless currently	12030
authorized under this chapter to act in the capacity indicated by	12031
the title or initials.	12032

(B) No person shall engage in or represent to the public that	12033
the person engages in chemical dependency counseling as a chemical	12034
dependency counselor I.	12035

Sec. 4758.06. No individual who holds or has held a license	12036
or, certificate, or endorsement issued under this chapter shall	12037
disclose any information regarding the identity, diagnosis, or	12038
treatment of any of the individual's clients or consumers except	12039
for the purposes and under the circumstances expressly authorized	12040
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that	12041
federal law, other federal law enacted after ~~the effective date of~~	12042
~~this section~~December 23, 2002, to replace 42 U.S.C.A. 290dd-2, or	12043
regulations promulgated under the replacement federal law. The	12044
prohibition of this section applies whether or not the information	12045
is recorded.	12046

Sec. 4758.16. The chemical dependency professionals board	12047
shall not discriminate against any licensee, certificate holder,	12048
endorsement holder, or applicant for a license or, certificate, or	12049
endorsement under this chapter because of the individual's race,	12050
color, religion, gender, national origin, disability as defined in	12051
section 4112.01 of the Revised Code, or age. The board shall	12052
afford a hearing to any individual who files with the board a	12053
statement alleging discrimination based on any of those reasons.	12054

Sec. 4758.20. (A) The chemical dependency professionals board	12055
shall adopt rules to establish, specify, or provide for all of the	12056
following:	12057

(1) Fees for the purposes authorized by section 4758.21 of	12058
the Revised Code;	12059

(2) If the board, pursuant to section 4758.221 of the Revised	12060
Code, elects to administer examinations for individuals seeking to	12061
act as substance abuse professionals in a U.S. department of	12062
transportation drug and alcohol testing program, the board's	12063
administration of the examinations;	12064

(3) For the purpose of section 4758.23 of the Revised Code,	12065
codes of ethical practice and professional conduct for individuals	12066
who hold a license or, certificate, or endorsement issued under	12067
this chapter;	12068

(4) For the purpose of section 4758.24 of the Revised Code,	12069
all of the following:	12070

(a) Good moral character requirements for an individual who	12071
seeks or holds a license or, certificate, or endorsement issued	12072
under this chapter;	12073

(b) The documents that an individual seeking such a license	12074
or, certificate, or endorsement must submit to the board;	12075

(c) Requirements to obtain the license or, certificate, or	12076
endorsement that are in addition to the requirements established	12077
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,	12078
4758.44, 4758.45, 4758.46, ~~and~~ 4758.47, and 4758.48 of the Revised	12079
Code. The additional requirements may include preceptorships.	12080

(d) The period of time that an individual whose registered	12081
applicant certificate has expired must wait before applying for a	12082
new registered applicant certificate.	12083

(5) For the purpose of section 4758.28 of the Revised Code,	12084
requirements for approval of continuing education courses of study	12085
for individuals who hold a license or, certificate, or endorsement	12086
issued under this chapter;	12087

(6) For the purpose of section 4758.30 of the Revised Code,	12088
the intervention for and treatment of an individual holding a	12089
license or, certificate, or endorsement issued under this chapter	12090
whose abilities to practice are impaired due to abuse of or	12091
dependency on alcohol or other drugs or other physical or mental	12092
condition;	12093

(7) Requirements governing reinstatement of a suspended or	12094
revoked license or, certificate, or endorsement under division (B)	12095
of section 4758.30 of the Revised Code, including requirements for	12096
determining the amount of time an individual must wait to apply	12097
for reinstatement;	12098

(8) For the purpose of section 4758.31 of the Revised Code,	12099
methods of ensuring that all records the board holds pertaining to	12100
an investigation remain confidential during the investigation;	12101

(9) Criteria for employees of the board to follow when	12102
performing their duties under division (B) of section 4758.35 of	12103
the Revised Code;	12104

(10) For the purpose of division (A)(1) of section 4758.39	12105
and division (A)(1) of section 4758.40 of the Revised Code, course	12106
requirements for a degree in a behavioral science or nursing that	12107
shall, at a minimum, include at least forty semester hours in all	12108
of the following courses:	12109

(a) Theories of counseling and psychotherapy;

12110

(b) Counseling procedures;

12111

12112

(d) Relationship therapy;

12113

(e) Research methods and statistics;

12114

(f) Fundamentals of assessment and diagnosis, including	12115
measurement and appraisal;	12116

(g) Psychopathology;

12117

(h) Human development;

12118

(i) Cultural competence in counseling;

12119

(j) Ethics.

12120

(11) For the purpose of division (A)(3) of section 4758.39,	12121
division (A)(3) of section 4758.40, division (A)(3) of section	12122
4758.41, and division (A)(3) of section 4758.42 of the Revised	12123
Code, training requirements for chemical dependency that shall, at	12124
a minimum, include qualifications for the individuals who provide	12125
the training and instruction in all of the following courses:	12126

(a) Theories of addiction;

12127

(b) Counseling procedures and strategies with addicted	12128
populations;	12129

(c) Group process and techniques working with addicted	12130
populations;	12131

(d) Assessment and diagnosis of addiction;

12132

(e) Relationship counseling with addicted populations;

12133

(f) Pharmacology;

12134

(g) Prevention strategies;

12135

(h) Treatment planning;

12136

(i) Legal and ethical issues.

12137

(12) For the purpose of division (B)(2)(b) of section 4758.40	12138
and division (B)(2) of section 4758.41 of the Revised Code,	12139
requirements for the forty clock hours of training on the version	12140
of the diagnostic and statistical manual of mental disorders that	12141
is current at the time of the training, including the number of	12142
the clock hours that must be on substance-related disorders, the	12143
number of the clock hours that must be on chemical dependency	12144
conditions, and the number of the clock hours that must be on	12145
awareness of other mental and emotional disorders;	12146

(13) For the purpose of division (A)(1) of section 4758.41 of	12147
the Revised Code, course requirements for a degree in a behavioral	12148
science or nursing;	12149

(14) For the purpose of division (A) of section 4758.43 of	12150
the Revised Code, training requirements for chemical dependency	12151
counseling that shall, at a minimum, include qualifications for	12152
the individuals who provide the training and instruction in one or	12153
more of the courses listed in division (A)(10) of this section as	12154
selected by the individual seeking the chemical dependency	12155
counselor assistant certificate;	12156

(15) For the purpose of division (A)(2) of section 4758.44 of	12157
the Revised Code, the field of study in which an individual must	12158
obtain at least a bachelor's degree;	12159

(16) For the purpose of division (A)(3) of section 4758.44,	12160
division (A)(3) of section 4758.45, and division (D) of section	12161
4758.46 of the Revised Code, requirements for prevention-related	12162
education;	12163

(17) For the purpose of division (A)(4) of section 4758.44 of	12164
the Revised Code, the number of hours of administrative or	12165
supervisory education that an individual must have;	12166

(18) For the purpose of division (A)(2) of section 4758.45 of	12167
the Revised Code, the field of study in which an individual must	12168
obtain at least an associate's degree;	12169

(19) Standards for the one hundred hours of compensated work	12170
or supervised internship in pathological and problem gambling	12171
direct clinical experience required by division (B)(2) of section	12172
4758.48 of the Revised Code;	12173

(20) For the purpose of section 4758.51 of the Revised Code,	12174
continuing education requirements for individuals who hold a	12175
license or, certificate, or endorsement issued under this chapter;	12176

~~(20)~~(21) For the purpose of section 4758.51 of the Revised	12177
Code, the number of hours of continuing education that an	12178
individual must complete to have an expired license or,	12179
certificate, or endorsement restored under section 4758.26 of the	12180
Revised Code;	12181

~~(21)~~(22) For the purpose of divisions (A) and (B) of section	12182
4758.52 of the Revised Code, training requirements for chemical	12183
dependency counseling;	12184

~~(22)~~(23) The duties, which may differ, of all of the	12185
following:	12186

(a) An independent chemical dependency counselor-clinical	12187
supervisor licensed under this chapter who supervises a chemical	12188
dependency counselor III under section 4758.56 of the Revised	12189
Code;	12190

(b) An independent chemical dependency counselor-clinical	12191
supervisor, independent chemical dependency counselor, or chemical	12192
dependency counselor III licensed under this chapter who	12193
supervises a chemical dependency counselor assistant under section	12194
4758.59 of the Revised Code;	12195

(c) A prevention specialist II or prevention specialist I	12196
certified under this chapter or independent chemical dependency	12197
counselor-clinical supervisor, independent chemical dependency	12198
counselor, or chemical dependency counselor III licensed under	12199
this chapter who supervises a prevention specialist assistant or	12200
registered applicant under section 4758.61 of the Revised Code.	12201

~~(23)~~(24) The duties of an independent chemical dependency	12202
counselor licensed under this chapter who holds the pathological	12203
and problem gambling endorsement who supervises a chemical	12204
dependency counselor III with the pathological and problem	12205
gambling endorsement under section 4758.62 of the Revised Code.	12206

(25) Anything else necessary to administer this chapter.

12207

(B) All rules adopted under this section shall be adopted in	12208
accordance with Chapter 119. of the Revised Code and any	12209
applicable federal laws and regulations.	12210

(C) When it adopts rules under this section, the board may	12211
consider standards established by any national association or	12212
other organization representing the interests of those involved in	12213
chemical dependency counseling or alcohol and other drug	12214
prevention services.	12215

Sec. 4758.21. (A) In accordance with rules adopted under	12216
section 4758.20 of the Revised Code and subject to division (B) of	12217
this section, the chemical dependency professionals board shall	12218
establish, and may from time to time adjust, fees to be charged	12219
for the following:	12220

(1) Admitting an individual to an examination administered	12221
pursuant to section 4758.22 of the Revised Code;	12222

(2) Issuing an initial independent chemical dependency	12223
counselor-clinical supervisor license, independent chemical	12224
dependency counselor license, chemical dependency counselor III	12225
license, chemical dependency counselor II license, chemical	12226
dependency counselor assistant certificate, prevention specialist	12227
II certificate, prevention specialist I certificate, prevention	12228
specialist assistant certificate, or registered applicant	12229
certificate;	12230

(3) Issuing an initial pathological and problem gambling	12231
endorsement;	12232

(4) Renewing an independent chemical dependency	12233
counselor-clinical supervisor license, independent chemical	12234
dependency counselor license, chemical dependency counselor III	12235
license, chemical dependency counselor II license, chemical	12236
dependency counselor assistant certificate, prevention specialist	12237
II certificate, prevention specialist I certificate, or prevention	12238
specialist assistant certificate;	12239

~~(4)~~(5) Renewing a pathological and problem gambling	12240
endorsement;	12241

(6) Approving continuing education courses under section	12242
4758.28 of the Revised Code;	12243

~~(5)~~(7) Doing anything else the board determines necessary to	12244
administer this chapter.	12245

(B) The fees established under division (A) of this section	12246
are nonrefundable. They shall be in amounts sufficient to cover	12247
the necessary expenses of the board in administering this chapter	12248
and rules adopted under it. The fees for a license or,	12249
certificate, or endorsement and the renewal of a license or,	12250
certificate, or endorsement may differ for the various types of	12251
licenses ~~and~~, certificates, or endorsements, but shall not exceed	12252
one hundred seventy-five dollars each, unless the board determines	12253
that amounts in excess of one hundred seventy-five dollars are	12254
needed to cover its necessary expenses in administering this	12255
chapter and rules adopted under it and the amounts in excess of	12256
one hundred seventy-five dollars are approved by the controlling	12257
board.	12258

(C) All vouchers of the board shall be approved by the	12259
chairperson or executive director of the board, or both, as	12260
authorized by the board.	12261

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	12262
the Revised Code, the chemical dependency professionals board	12263
shall establish codes of ethical practice and professional conduct	12264
for the following:	12265

(1) Individuals who hold a valid independent chemical	12266
dependency counselor-clinical supervisor license, independent	12267
chemical dependency counselor license, chemical dependency	12268
counselor III license, chemical dependency counselor II license,	12269
or chemical dependency counselor assistant certificate issued	12270
under this chapter;	12271

(2) Individuals who hold a valid prevention specialist II	12272
certificate, prevention specialist I certificate, prevention	12273
specialist assistant certificate, or registered applicant	12274
certificate issued under this chapter;	12275

(3) Individuals who hold a valid pathological and problem	12276
gambling endorsement.	12277

(B) The codes for individuals identified under division	12278
(A)(1) of this section shall define unprofessional conduct, which	12279
shall include engaging in a dual relationship with a client,	12280
former client, consumer, or former consumer; committing an act of	12281
sexual abuse, misconduct, or exploitation of a client, former	12282
client, consumer, or former consumer; and, except as permitted by	12283
law, violating client or consumer confidentiality.	12284

(C) The codes for individuals identified under division	12285
(A)(1) of this section may be based on any codes of ethical	12286
practice and professional conduct developed by national	12287
associations or other organizations representing the interests of	12288
those involved in chemical dependency counseling. The codes for	12289
individuals identified under division (A)(2) of this section may	12290
be based on any codes of ethical practice and professional conduct	12291
developed by national associations or other organizations	12292
representing the interests of those involved in alcohol and other	12293
drug prevention services. The board may establish standards in the	12294
codes that are more stringent than those established by the	12295
national associations or other organizations.	12296

Sec. 4758.24. (A) The chemical dependency professionals board	12297
shall issue a license or, certificate, or endorsement under this	12298
chapter to an individual who meets all of the following	12299
requirements:	12300

(1) Is of good moral character as determined in accordance	12301
with rules adopted under section 4758.20 of the Revised Code;	12302

(2) Except as provided in section 4758.241 of the Revised	12303
Code, submits a properly completed application and all other	12304
documentation specified in rules adopted under section 4758.20 of	12305
the Revised Code;	12306

(3) Except as provided in section 4758.241 of the Revised	12307
Code, pays the fee established under section 4758.21 of the	12308
Revised Code for the license or, certificate, or endorsement that	12309
the individual seeks;	12310

(4) Meets the requirements to obtain the license or,	12311
certificate, or endorsement that the individual seeks as specified	12312
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44,	12313
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;	12314

(5) Meets any additional requirements specified in rules	12315
adopted under section 4758.20 of the Revised Code to obtain the	12316
license or, certificate, or endorsement that the individual seeks.	12317

(B) The board shall not do either of the following:

12318

(1) Issue a certificate to practice as a chemical dependency	12319
counselor I;	12320

(2) Issue a new registered applicant certificate to an	12321
individual whose previous registered applicant certificate has	12322
been expired for less than the period of time specified in rules	12323
adopted under section 4758.20 of the Revised Code.	12324

Sec. 4758.26. (A) Subject to section 4758.30 of the Revised	12325
Code, a license or, certificate, or endorsement issued under this	12326
chapter expires the following period of time after it is issued:	12327

(1) In the case of an initial chemical dependency counselor	12328
assistant certificate, thirteen months;	12329

(2) In the case of any other license or, certificate, or	12330
endorsement, two years.	12331

(B) Subject to section 4758.30 of the Revised Code and except	12332
as provided in section 4758.27 of the Revised Code, the chemical	12333
dependency professionals board shall renew a license or,	12334
certificate, or endorsement issued under this chapter in	12335
accordance with the standard renewal procedure established under	12336
Chapter 4745. of the Revised Code if the individual seeking the	12337
renewal pays the renewal fee established under section 4758.21 of	12338
the Revised Code and does the following:	12339

(1) In the case of an individual seeking renewal of an	12340
initial chemical dependency counselor assistant certificate,	12341
satisfies the additional training requirement established under	12342
section 4758.52 of the Revised Code;	12343

(2) In the case of any other individual, satisfies the	12344
continuing education requirements established under section	12345
4758.51 of the Revised Code.	12346

(C) Subject to section 4758.30 of the Revised Code and except	12347
as provided in section 4758.27 of the Revised Code, a license or,	12348
certificate, or endorsement issued under this chapter that has	12349
expired may be restored if the individual seeking the restoration,	12350
not later than two years after the license or, certificate, or	12351
endorsement expires, applies for restoration of the license or,	12352
certificate, or endorsement. The board shall issue a restored	12353
license or, certificate, or endorsement to the individual if the	12354
individual pays the renewal fee established under section 4758.21	12355
of the Revised Code and does the following:	12356

(1) In the case of an individual whose initial chemical	12357
dependency counselor assistant certificate expired, satisfies the	12358
additional training requirement established under section 4758.52	12359
of the Revised Code;	12360

(2) In the case of any other individual, satisfies the	12361
continuing education requirements established under section	12362
4758.51 of the Revised Code for restoring the license or,	12363
certificate, or endorsement.	12364

The board shall not require an individual to take an	12365
examination as a condition of having an expired license or,	12366
certificate, or endorsement restored under this section.	12367

Sec. 4758.28. The chemical dependency professionals board	12368
shall approve, in accordance with rules adopted under section	12369
4758.20 of the Revised Code and subject to payment of the fee	12370
established under section 4758.21 of the Revised Code, continuing	12371
education courses of study for individuals who hold a license or,	12372
certificate, or endorsement issued under this chapter.	12373

Sec. 4758.29. On receipt of a notice pursuant to section	12374
3123.43 of the Revised Code, the chemical dependency professionals	12375
board shall comply with sections 3123.41 to 3123.50 of the Revised	12376
Code and any applicable rules adopted under section 3123.63 of the	12377
Revised Code with respect to a license or, certificate, or	12378
endorsement issued pursuant to this chapter.	12379

Sec. 4758.30. (A) The chemical dependency professionals	12380
board, in accordance with Chapter 119. of the Revised Code, may	12381
refuse to issue a license or, certificate, or endorsement applied	12382
for under this chapter; refuse to renew or restore a license or,	12383
certificate, or endorsement issued under this chapter; suspend,	12384
revoke, or otherwise restrict a license or, certificate, or	12385
endorsement issued under this chapter; or reprimand an individual	12386
holding a license or, certificate, or endorsement issued under	12387
this chapter. These actions may be taken by the board regarding	12388
the applicant for a license or, certificate, or endorsement or the	12389
individual holding a license or, certificate, or endorsement for	12390
one or more of the following reasons:	12391

(1) Violation of any provision of this chapter or rules	12392
adopted under it;	12393

(2) Knowingly making a false statement on an application for	12394
a license or, certificate, or endorsement or for renewal,	12395
restoration, or reinstatement of a license or, certificate, or	12396
endorsement;	12397

(3) Acceptance of a commission or rebate for referring an	12398
individual to a person who holds a license or certificate issued	12399
by, or who is registered with, an entity of state government,	12400
including persons practicing chemical dependency counseling,	12401
alcohol and other drug prevention services, pathological and	12402
problem gambling counseling, or fields related to chemical	12403
dependency counseling, pathological and problem gambling	12404
counseling, or alcohol and other drug prevention services;	12405

(4) Conviction in this or any other state of any crime that	12406
is a felony in this state;	12407

(5) Conviction in this or any other state of a misdemeanor	12408
committed in the course of practice as an independent chemical	12409
dependency counselor-clinical supervisor, independent chemical	12410
dependency counselor, chemical dependency counselor III, chemical	12411
dependency counselor II, chemical dependency counselor assistant,	12412
prevention specialist II, pathological and problem gambling	12413
endorsee, prevention specialist I, prevention specialist	12414
assistant, or registered applicant;	12415

(6) Inability to practice as an independent chemical	12416
dependency counselor-clinical supervisor, independent chemical	12417
dependency counselor, chemical dependency counselor III, chemical	12418
dependency counselor II, chemical dependency counselor assistant,	12419
pathological and problem gambling endorsee, prevention specialist	12420
II, prevention specialist I, prevention specialist assistant, or	12421
registered applicant due to abuse of or dependency on alcohol or	12422
other drugs or other physical or mental condition;	12423

(7) Practicing outside the individual's scope of practice;

12424

(8) Practicing without complying with the supervision	12425
requirements specified under section 4758.56, 4758.59, or 4758.61,	12426
or 4758.62 of the Revised Code;	12427

(9) Violation of the code of ethical practice and	12428
professional conduct for chemical dependency counseling or,	12429
alcohol and other drug prevention, or pathological and problem	12430
gambling counseling services adopted by the board pursuant to	12431
section 4758.23 of the Revised Code;	12432

(10) Revocation of a license or, certificate, or endorsement	12433
or voluntary surrender of a license or, certificate, or	12434
endorsement in another state or jurisdiction for an offense that	12435
would be a violation of this chapter.	12436

(B) An individual whose license or, certificate, or	12437
endorsement has been suspended or revoked under this section may	12438
apply to the board for reinstatement after an amount of time the	12439
board shall determine in accordance with rules adopted under	12440
section 4758.20 of the Revised Code. The board may accept or	12441
refuse an application for reinstatement. The board may require an	12442
examination for reinstatement of a license or, certificate, or	12443
endorsement that has been suspended or revoked.	12444

Sec. 4758.31. The chemical dependency professionals board	12445
shall investigate alleged violations of this chapter or the rules	12446
adopted under it and alleged irregularities in the delivery of	12447
chemical dependency counseling services, pathological and problem	12448
gambling counseling services, or alcohol and other drug prevention	12449
services by individuals who hold a license or, certificate, or	12450
endorsement issued under this chapter. As part of an	12451
investigation, the board may issue subpoenas, examine witnesses,	12452
and administer oaths.	12453

The board may receive any information necessary to conduct an	12454
investigation under this section that has been obtained in	12455
accordance with federal laws and regulations. If the board is	12456
investigating the provision of chemical dependency counseling	12457
services or pathological and problem gambling counseling services	12458
to a couple or group, it is not necessary for both members of the	12459
couple or all members of the group to consent to the release of	12460
information relevant to the investigation.	12461

The board shall ensure, in accordance with rules adopted	12462
under section 4758.20 of the Revised Code, that all records it	12463
holds pertaining to an investigation remain confidential during	12464
the investigation. After the investigation, the records are public	12465
records except as otherwise provided by federal or state law.	12466

Sec. 4758.35. (A) An individual seeking a license or,	12467
certificate, or endorsement issued under this chapter shall file	12468
with the chemical dependency professionals board a written	12469
application on a form prescribed by the board. Each form shall	12470
state that a false statement made on the form is the crime of	12471
falsification under section 2921.13 of the Revised Code.	12472

(B) The board shall require an individual or individuals	12473
employed by the board under section 4758.15 of the Revised Code to	12474
do both of the following in accordance with criteria established	12475
by rules adopted under section 4758.20 of the Revised Code:	12476

(1) Receive and review all applications submitted to the	12477
board;	12478

(2) Submit to the board all applications the individual or	12479
individuals recommend the board review based on the criteria	12480
established in the rules.	12481

(C) The board shall review all applications submitted to the	12482
board pursuant to division (B)(2) of this section.	12483

Sec. 4758.36. As part of the review process under division	12484
(C) of section 4758.35 of the Revised Code of an application	12485
submitted by an applicant who has obtained the applicant's	12486
education, experience in chemical dependency counseling,	12487
pathological and problem gambling, or alcohol and other drug	12488
prevention services, or education and experience outside the	12489
United States, the chemical dependency professionals board shall	12490
determine whether the applicant's command of the English language	12491
and education or experience meet the standards required by this	12492
chapter and rules adopted under it.	12493

Sec. 4758.48. An individual is not eligible for a	12494
pathological and problem gambling endorsement unless the	12495
individual meets the requirements of divisions (A) and (B) of this	12496
section.	12497

(A) The individual is one or more of the following:

12498

(1) An independent chemical dependency counselor, chemical	12499
dependency counselor III, or chemical dependency counselor II	12500
licensed under this chapter;	12501

(2) Authorized to practice medicine and surgery or	12502
osteopathic medicine and surgery under Chapter 4731. of the	12503
Revised Code;	12504

(3) A psychologist licensed under Chapter 4732. of the	12505
Revised Code;	12506

(4) A registered nurse licensed under Chapter 4723. of the	12507
Revised Code; or	12508

(5) A professional clinical counselor, professional	12509
counselor, independent social worker, social worker, independent	12510
marriage and family therapist, or marriage and family therapist	12511
licensed under Chapter 4757. of the Revised Code.	12512

An individual who is a registered nurse or a professional	12513
clinical counselor, professional counselor, independent social	12514
worker, social worker, independent marriage and family therapist,	12515
or marriage and family therapist is ineligible for the endorsement	12516
unless the endorsement is consistent with the individual's scope	12517
of practice.	12518

(B) Except as otherwise provided in this division, the	12519
individual has completed both of the following:	12520

(1) A minimum of thirty hours of training in pathological and	12521
problem gambling that meets the requirements prescribed in rules	12522
adopted under section 4758.20 of the Revised Code; and	12523

(2) A minimum of one hundred hours of compensated work or	12524
supervised internship in pathological and problem gambling direct	12525
clinical experience.	12526

An independent chemical dependency counselor, chemical	12527
dependency counselor III, or chemical dependency counselor II	12528
licensed under this chapter may be issued an initial pathological	12529
and problem gambling endorsement without having complied with	12530
division (B)(2) of this section, but the independent chemical	12531
dependency counselor, chemical dependency counselor III, or	12532
chemical dependency counselor II shall comply with division (B)(2)	12533
of this section before expiration of the initial endorsement. An	12534
independent chemical dependency counselor, chemical dependency	12535
counselor III, or chemical dependency counselor II who fails to	12536
comply with this paragraph is not entitled to renewal of the	12537
initial endorsement.	12538

Sec. 4758.50. An individual who holds a license or,	12539
certificate, or endorsement issued under this chapter shall post	12540
the license or, certificate, or endorsement in a prominent place	12541
at the individual's place of employment.	12542

Sec. 4758.51. (A) Except as provided in division (C) of this	12543
section and in accordance with rules adopted under section 4758.20	12544
of the Revised Code, each individual who holds a license or,	12545
certificate, or endorsement issued under this chapter, other than	12546
an initial chemical dependency counselor assistant certificate,	12547
shall complete during the period that the license or, certificate,	12548
or endorsement is in effect not less than the following number of	12549
clock hours of continuing education as a condition of receiving a	12550
renewed license or, certificate, or endorsement:	12551

(1) In the case of an individual holding a prevention	12552
specialist assistant certificate, twenty;	12553

(2) In the case of an individual holding a pathological and	12554
problem gambling endorsement, six;	12555

(3) In the case of any other individual, forty.

12556

(B) Except as provided in division (C) of this section, an	12557
individual whose license or, certificate, or endorsement issued	12558
under this chapter, other than an initial chemical dependency	12559
counselor assistant certificate, has expired shall complete the	12560
number of hours of continuing education specified in rules adopted	12561
under section 4758.20 of the Revised Code as a condition of	12562
receiving a restored license or, certificate, or endorsement.	12563

(C) The chemical dependency professionals board may waive the	12564
continuing education requirements established under this section	12565
for individuals who are unable to fulfill them because of military	12566
service, illness, residence outside the United States, or any	12567
other reason the board considers acceptable.	12568

Sec. 4758.60. An individual who holds a valid prevention	12569
specialist II certificate or prevention specialist I certificate	12570
issued under this chapter may engage in the practice of ~~alcohol~~	12571
~~and other drug~~ prevention services as specified in rules adopted	12572
under section 4758.20 of the Revised Code.	12573

Sec. 4758.62. An individual who holds an independent	12574
chemical dependency counselor license and a pathological and	12575
problem gambling treatment endorsement may do all of the	12576
following:	12577

(A) Diagnose and treat pathological and problem gambling	12578
conditions;	12579

(B) Perform treatment planning, assessment, crisis	12580
intervention, individual and group counseling, case management,	12581
and educational services insofar as those functions relate to	12582
pathological and problem gambling;	12583

(C) Supervise pathological and problem gambling treatment	12584
counseling; and	12585

(D) Refer individuals with nonpathological and nonproblem	12586
gambling conditions to appropriate sources of help.	12587

Sec. 4758.63. An individual who holds a chemical dependency	12588
counselor III license and a pathological and problem gambling	12589
endorsement may do all of the following:	12590

(A) Treat pathological and problem gambling conditions;

12591

(B) Diagnose pathological and problem gambling conditions	12592
under supervision;	12593

(C) Perform treatment planning, assessment, crisis	12594
intervention, individual and group counseling, case management,	12595
and educational services insofar as those functions relate to	12596
pathological and problem gambling;	12597

(D) Supervise pathological and problem gambling treatment	12598
counseling under supervision; and	12599

(E) Refer individuals having nonpathological and nonproblem	12600
gambling conditions to appropriate sources of help.	12601

The supervision required by divisions (B) and (D) of this	12602
section shall be provided by an independent chemical dependency	12603
counselor licensed under this chapter; an individual authorized to	12604
practice medicine and surgery or osteopathic medicine and surgery	12605
under Chapter 4731. of the Revised Code; a psychologist licensed	12606
under Chapter 4732. of the Revised Code; a registered nurse	12607
licensed under Chapter 4723. of the Revised Code; or a	12608
professional clinical counselor, independent social worker, or	12609
independent marriage and family therapist licensed under Chapter	12610
4757. of the Revised Code. A registered nurse or a professional	12611
clinical counselor, independent social worker, or independent	12612
marriage and family therapist is not qualified to provide	12613
supervision unless the individual holds a pathological and problem	12614
gambling endorsement.	12615

An individual holding a chemical dependency counselor III	12616
license shall not practice as an individual practitioner.	12617

Sec. 4758.64. An individual who holds a chemical dependency	12618
counselor II license and a pathological and problem gambling	12619
endorsement may do all of the following:	12620

(A) Treat pathological and problem gambling conditions;

12621

(B) Perform treatment planning, assessment, crisis	12622
intervention, individual and group counseling, case management,	12623
and educational services insofar as those functions relate to	12624
pathological and problem gambling; and	12625

(C) Refer individuals having nonpathological and nonproblem	12626
gambling conditions to appropriate sources of help.	12627

An individual holding a chemical dependency II license shall	12628
not practice as an individual practitioner.	12629

Sec. 4758.71. Nothing in this chapter or the rules adopted	12630
under it authorizes an individual who holds a license or,	12631
certificate, or endorsement issued under this chapter to admit a	12632
patient to a hospital or requires a hospital to allow any such	12633
individual to admit a patient.	12634

Sec. 4781.121. (A) The manufactured homes commission,	12635
pursuant to section 4781.04 of the Revised Code, may investigate	12636
any person who allegedly has committed a violation. If, after an	12637
investigation the commission determines that reasonable evidence	12638
exists that a person has committed a violation, within seven days	12639
after that determination, the commission shall send a written	12640
notice to that person in the same manner as prescribed in section	12641
119.07 of the Revised Code for licensees, except that the notice	12642
shall specify that a hearing will be held and specify the date,	12643
time, and place of the hearing.	12644

(B) The commission shall hold a hearing regarding the alleged	12645
violation in the same manner prescribed for an adjudication	12646
hearing under section 119.09 of the Revised Code. If the	12647
commission, after the hearing, determines that a violation has	12648
occurred, the commission, upon an affirmative vote of five of its	12649
members, may impose a fine not exceeding one thousand dollars per	12650
violation per day. The commission's determination is an order that	12651
the person may appeal in accordance with section 119.12 of the	12652
Revised Code.	12653

(C) If the person who allegedly committed a violation fails	12654
to appear for a hearing, the commission may request the court of	12655
common pleas of the county where the alleged violation occurred to	12656
compel the person to appear before the commission for a hearing.	12657

(D) If the commission assesses a person a civil penalty for a	12658
violation and the person fails to pay that civil penalty within	12659
the time period prescribed by the commission pursuant to section	12660
131.02 of the Revised Code, the commission shall forward to the	12661
attorney general the name of the person and the amount of the	12662
civil penalty for the purpose of collecting that civil penalty. In	12663
addition to the civil penalty assessed pursuant to this section,	12664
the person also shall pay any fee assessed by the attorney general	12665
for collection of the civil penalty.	12666

(E) The authority provided to the commission pursuant to this	12667
section, and any fine imposed under this section, shall be in	12668
addition to, and not in lieu of, all penalties and other remedies	12669
provided in this chapter. Any fines collected pursuant to this	12670
section shall be used solely to administer and enforce this	12671
chapter and rules adopted under it. Any fees collected pursuant to	12672
this section shall be transmitted to the treasurer of state and	12673
shall be credited to the manufactured homes commission regulatory	12674
fund created in section 4781.54 of the Revised Code and the rules	12675
adopted thereunder. The fees shall be used only for the purpose of	12676
administering and enforcing sections 4781.26 to 4781.35 of the	12677
Revised Code and the rules adopted thereunder.	12678

(F) As used in this section, "violation" means a violation of	12679
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	12680
to ~~section 4781.04, of the Revised Code~~this chapter.	12681

Sec. 4781.29. The manufactured homes commission may refuse	12682
to grant, may suspend, or may revoke any license granted to any	12683
person for failure to comply with ~~sections 4781.26 to 4781.35 of~~	12684
~~the Revised Code~~this chapter or with any rule adopted under	12685
~~section 4781.26 of the Revised Code~~it.	12686

Sec. 4905.01. As used in this chapter:

12687

(A) "Railroad" has the same meaning as in section 4907.02 of	12688
the Revised Code.	12689

(B) "Motor carrier" has the same meaning as in section	12690
4923.01 of the Revised Code.	12691

(C) "Motor vehicle" and "public highway" have the same	12692
meanings as in section 4921.01 of the Revised Code.	12693

(D) "Ohio coal research and development costs" means all	12694
reasonable costs associated with a facility or project undertaken	12695
by a public utility for which a recommendation to allow the	12696
recovery of costs associated therewith has been made under	12697
division (B)(7) of section 1551.33 of the Revised Code, including,	12698
but not limited to, capital costs, such as costs of debt and	12699
equity; construction and operation costs; termination and	12700
retirement costs; costs of feasibility and marketing studies	12701
associated with the project; and the acquisition and delivery	12702
costs of Ohio coal used in the project, less any expenditures of	12703
grant moneys.	12704

(E) "Intermodal equipment provider" has the same meaning as	12705
in 49 C.F.R. 390.5.	12706

Sec. 4905.81. The public utilities commission shall:

12707

(A) Supervise and regulate each motor carrier;

12708

(B) Regulate the safety of operation of each motor carrier	12709
and intermodal equipment provider;	12710

(C) Adopt reasonable safety rules applicable to the highway	12711
transportation of persons or property in interstate and intrastate	12712
commerce by motor carriers;	12713

(D) Adopt safety rules applicable to the transportation and	12714
offering for transportation of hazardous materials in interstate	12715
and intrastate commerce by motor carriers. The rules shall not be	12716
incompatible with the requirements of the United States department	12717
of transportation.	12718

(E) Require the filing of reports and other data by motor	12719
carriers;	12720

(F) Adopt reasonable rules for the administration and	12721
enforcement of this chapter and Chapters 4901., 4903., 4907.,	12722
4909., 4921., and 4923. of the Revised Code applying to each motor	12723
carrier in this state;	12724

(G) Supervise and regulate motor carriers in all other	12725
matters affecting the relationship between those carriers and the	12726
public to the exclusion of all local authorities, except as	12727
provided in this section. The commission, in the exercise of the	12728
jurisdiction conferred upon it by this chapter and Chapters 4901.,	12729
4903., 4907., 4909., 4921., and 4923. of the Revised Code, may	12730
adopt rules affecting motor carriers, notwithstanding the	12731
provisions of any ordinance, resolution, license, or permit	12732
enacted, adopted, or granted by any township, municipal	12733
corporation, municipal corporation and county, or county. In case	12734
of conflict between any such ordinance, resolution, license, or	12735
permit, the order or rule of the commission shall prevail. Local	12736
subdivisions may adopt reasonable local police rules within their	12737
respective boundaries not inconsistent with those chapters and	12738
rules adopted under them.	12739

The commission has jurisdiction to receive, hear, and	12740
determine as a question of fact, upon complaint of any party or	12741
upon its own motion, and upon not less than fifteen days' notice	12742
of the time and place of the hearing and the matter to be heard,	12743
whether any corporation, company, association, joint-stock	12744
association, person, firm, or copartnership, or their lessees,	12745
legal or personal representatives, trustees, or receivers or	12746
trustees appointed by any court, is engaged as a motor carrier.	12747
The finding of the commission on such a question is a final order	12748
that may be reviewed as provided in section 4923.15 of the Revised	12749
Code.	12750

Sec. 4905.95. (A) Except as otherwise provided in division	12751
(C) of this section:	12752

(1) The public utilities commission, regarding any proceeding	12753
under this section, shall provide reasonable notice and the	12754
opportunity for a hearing in accordance with rules adopted under	12755
section 4901.13 of the Revised Code.	12756

(2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and	12757
4903.20 to 4903.23 of the Revised Code apply to all proceedings	12758
and orders of the commission under this section and to all	12759
operators subject to those proceedings and orders.	12760

(B) If, pursuant to a proceeding it specially initiates or to	12761
any other proceeding and after the hearing provided for under	12762
division (A) of this section, the commission finds that:	12763

(1) An operator has violated or failed to comply with, or is	12764
violating or failing to comply with, sections 4905.90 to 4905.96	12765
of the Revised Code or the pipe-line safety code, the commission	12766
by order:	12767

(a) Shall require the operator to comply and to undertake	12768
corrective action necessary to protect the public safety;	12769

(b) May assess upon the operator forfeitures of not more than	12770
~~one~~two hundred thousand dollars for each day of each violation or	12771
noncompliance, except that the aggregate of such forfeitures shall	12772
not exceed ~~one~~two million dollars for any related series of	12773
violations or noncompliances. In determining the amount of any	12774
such forfeiture, the commission shall consider all of the	12775
following:	12776

(i) The gravity of the violation or noncompliance;

12777

(ii) The operator's history of prior violations or	12778
noncompliances;	12779

(iii) The operator's good faith efforts to comply and	12780
undertake corrective action;	12781

(iv) The operator's ability to pay the forfeiture;

12782

(v) The effect of the forfeiture on the operator's ability to	12783
continue as an operator;	12784

(vi) Such other matters as justice may require.

12785

All forfeitures collected under this division or section 4905.96	12786
of the Revised Code shall be deposited in the state treasury to	12787
the credit of the general revenue fund.	12788

(c) May direct the attorney general to seek the remedies	12789
provided in section 4905.96 of the Revised Code.	12790

(2) An intrastate pipe-line transportation facility is	12791
hazardous to life or property, the commission by order:	12792

(a) Shall require the operator of the facility to take	12793
corrective action to remove the hazard. Such corrective action may	12794
include suspended or restricted use of the facility, physical	12795
inspection, testing, repair, replacement, or other action.	12796

(b) May direct the attorney general to seek the remedies	12797
provided in section 4905.96 of the Revised Code.	12798

(C) If, pursuant to a proceeding it specially initiates or to	12799
any other proceeding, the commission finds that an emergency	12800
exists due to a condition on an intrastate pipe-line	12801
transportation facility posing a clear and immediate danger to	12802
life or health or threatening a significant loss of property and	12803
requiring immediate corrective action to protect the public	12804
safety, the commission may issue, without notice or prior hearing,	12805
an order reciting its finding and may direct the attorney general	12806
to seek the remedies provided in section 4905.96 of the Revised	12807
Code. The order shall remain in effect for not more than forty	12808
days after the date of its issuance. The order shall provide for a	12809
hearing as soon as possible, but not later than thirty days after	12810
the date of its issuance. After the hearing the commission shall	12811
continue, revoke, or modify the order and may make findings under	12812
and seek appropriate remedies as provided in division (B) of this	12813
section.	12814

Sec. 4909.157. (A) As used in this section, "manufactured gas	12815
plant" means a plant that was operational prior to 1970 and that	12816
produced, for sale to customers, manufactured gas from one of the	12817
following processes:	12818

(1) Coal gas;

12819

(2) Carburetted water gas;

12820

(3) Oil gas.

12821

(B) The public utilities commission may authorize a natural	12822
gas company or gas company to recover environmental remediation	12823
costs to which the following apply:	12824

(1) The costs are prudently incurred before January 1, 2025.

12825

(2) The costs are also related to real property to which all	12826
of the following apply:	12827

(a) The property was owned by the company or a predecessor in	12828
interest before July 1, 2014.	12829

(b) The property was formerly the site of a manufactured gas	12830
plant.	12831

(c) At the time recovery is authorized, the property is or	12832
was used for the provision of public utility service.	12833

(3) At least one of the following applies:

12834

(a) The costs were incurred under the voluntary action	12835
program as described in Chapter 3746. of the Revised Code.	12836

(b) The costs were ordered by an environmental agency with	12837
jurisdiction or a court with jurisdiction.	12838

(c) The costs were the subject of a previously authorized	12839
regulatory asset.	12840

(C) Recovery under this section may be provided for through	12841
the establishment of a mechanism by the commission. Any such	12842
mechanism shall set forth the specific terms of the recovery. The	12843
mechanism shall include an application and an evidentiary hearing	12844
in which the applicant shall bear the burden of proof.	12845

(D) In determining whether to authorize recovery under this	12846
section, and in determining any amount of recovery, the commission	12847
may consider, in its prudency review, any or all of the following:	12848

(1) The potential liability of third parties for the	12849
environmental remediation costs, and whether and to what extent	12850
those parties should share in payment of those costs;	12851

(2) To the extent that it can be ascertained, whether and to	12852
what extent the contamination associated with the environmental	12853
remediation costs occurred prior to the date that the company was	12854
first subject to the regulatory authority of the commission under	12855
Chapter 4905. of the Revised Code;	12856

(3) Whether the remediation obligation initially arose during	12857
a time when the company was subject to the regulatory authority of	12858
the commission under Chapter 4905. of the Revised Code.	12859

(E) If the commission authorizes recovery under this section,	12860
the company, upon the sale of the property described in division	12861
(B)(2) of this section, shall return to the company's customers	12862
the difference between the sale price of the property, minus any	12863
reasonable expenses related to the sale, and the fair market value	12864
of the property prior to remediation.	12865

(F) Divisions (A)(1) and (4) of section 4909.15 of the	12866
Revised Code do not preclude the recovery of environmental	12867
remediation costs as described in this section.	12868

Sec. 4923.01. As used in this chapter:

12869

(A) "Ambulance," "interstate commerce," "intrastate	12870
commerce," "motor vehicle," "public highway," "ridesharing	12871
arrangement," and "school bus" have the same meanings as in	12872
section 4921.01 of the Revised Code.	12873

(B) "For-hire motor carrier" means a person engaged in the	12874
business of transporting persons or property by motor vehicle for	12875
compensation, except when engaged in any of the following in	12876
intrastate commerce:	12877

(1) The transportation of persons in taxicabs in the usual	12878
taxicab service;	12879

(2) The transportation of pupils in school busses operating	12880
to or from school sessions or school events;	12881

(3) The transportation of farm supplies to the farm or farm	12882
products from farm to market or to food fabricating plants;	12883

(4) The distribution of newspapers;

12884

(5) The transportation of crude petroleum incidental to	12885
gathering from wells and delivery to destination by pipe line;	12886

(6) The transportation of injured, ill, or deceased persons	12887
by hearse or ambulance;	12888

(7) The transportation of compost (a combination of manure	12889
and sand or shredded bark mulch) or shredded bark mulch;	12890

(8) The transportation of persons in a ridesharing	12891
arrangement when any fee charged each person so transported is in	12892
such amount as to recover only the person's share of the costs of	12893
operating the motor vehicle for such purpose;	12894

(9) The operation of motor vehicles for contractors on public	12895
road work.	12896

"For-hire motor carrier" includes the carrier's agents,	12897
officers, and representatives, as well as employees responsible	12898
for hiring, supervising, training, assigning, or dispatching	12899
drivers and employees concerned with the installation, inspection,	12900
and maintenance of motor-vehicle equipment and accessories.	12901

Divisions (B)(1) to (9) of this section shall not be	12902
construed to relieve a person from compliance with rules adopted	12903
under division (A)(2) of section 4923.04 of the Revised Code,	12904
division (E) of section 4923.06 of the Revised Code, division (B)	12905
of section 4923.07 of the Revised Code, and section 4923.11 of the	12906
Revised Code, or from compliance with rules regarding commercial	12907
driver's licenses adopted under division (A)(1) of section 4923.04	12908
of the Revised Code.	12909

(C) "Interchange" and "intermodal equipment" have the same	12910
meanings as in 49 C.F.R. 390.5.	12911

(D) "Motor carrier" means both a for-hire motor carrier and a	12912
private motor carrier.	12913

~~(D)~~(E) "Private motor carrier" means a person who is not a	12914
for-hire motor carrier but is engaged in the business of	12915
transporting persons or property by motor vehicle, except as	12916
provided in section 4923.02 of the Revised Code. "Private motor	12917
carrier" includes the carrier's agents, officers, and	12918
representatives, as well as employees responsible for hiring,	12919
supervising, training, assigning, or dispatching drivers and	12920
employees concerned with the installation, inspection, and	12921
maintenance of motor-vehicle equipment and accessories.	12922

Sec. 4923.02. (A) As used in this chapter, "private motor	12923
carrier" does not include a person when engaged in any of the	12924
following in intrastate commerce:	12925

(1) The transportation of persons in taxicabs in the usual	12926
taxicab service;	12927

(2) The transportation of pupils in school busses operating	12928
to or from school sessions or school events;	12929

(3) The transportation of farm supplies to the farm or farm	12930
products from farm to market or to food fabricating plants;	12931

(4) The distribution of newspapers;

12932

(5) The transportation of crude petroleum incidental to	12933
gathering from wells and delivery to destination by pipe line;	12934

(6) The transportation of injured, ill, or deceased persons	12935
by hearse or ambulance;	12936

(7) The transportation of compost (a combination of manure	12937
and sand or shredded bark mulch) or shredded bark mulch;	12938

(8) The transportation of persons in a ridesharing	12939
arrangement when any fee charged each person so transported is in	12940
such amount as to recover only the person's share of the costs of	12941
operating the motor vehicle for such purpose;	12942

(9) The operation of motor vehicles for contractors on public	12943
road work.	12944

(B) The public utilities commission may grant a motor carrier	12945
operating in intrastate commerce a temporary exemption from some	12946
or all of the provisions of this chapter and the rules adopted	12947
under it, when either of the following applies:	12948

(1) The governor of this state has declared an emergency.

12949

(2) The chairperson of the commission or the chairperson's	12950
designee has declared a transportation-specific emergency.	12951

(C) The commission may adopt rules not incompatible with the	12952
requirements of the United States department of transportation to	12953
provide exemptions to motor carriers operating in intrastate	12954
commerce not otherwise identified in divisions (A) and (B) of this	12955
section.	12956

(D) Divisions (A) to (C) of this section shall not be	12957
construed to relieve a person from compliance with ~~either of~~ the	12958
following:	12959

(1) Rules adopted under division (A)(2) of section 4923.04 of	12960
the Revised Code, division (E) of section 4923.06 of the Revised	12961
Code, division (B) of section 4923.07 of the Revised Code, and	12962
section 4923.11 of the Revised Code;	12963

(2) Rules regarding commercial driver's licenses adopted	12964
under division (A)(1) of section 4923.04 of the Revised Code;	12965

(3) Rules adopted under section 4921.15 of the Revised Code	12966
regarding uniform registration and permitting of carriers of	12967
hazardous materials and other applicable provisions of that	12968
section and division (H) of section 4921.19 of the Revised Code.	12969

Sec. 4923.04. (A)~~(1)~~ The public utilities commission shall	12970
adopt rules applicable to the ~~transportation~~following:	12971

(1) Transportation of persons or property by motor carriers	12972
operating in interstate and intrastate commerce.;	12973

(2) ~~The commission shall adopt rules applicable to the~~	12974
~~highway~~Highway transportation and offering for transportation of	12975
hazardous materials by motor carriers, and persons engaging in the	12976
highway transportation and offering for transportation of	12977
hazardous materials, operating in interstate or intrastate	12978
commerce;	12979

(3) Use and interchange of intermodal equipment.

12980

(B) The rules adopted under division (A) of this section	12981
shall not be incompatible with the requirements of the United	12982
States department of transportation.	12983

(C) To achieve the purposes of this chapter and to assist the	12984
commission in the performance of any of its powers or duties, the	12985
commission, either through the public utilities commissioners or	12986
employees authorized by it, may do either or both of the	12987
following:	12988

(1) Apply for, and any judge of a court of record of	12989
competent jurisdiction may issue, an appropriate search warrant;	12990

(2) Examine under oath, at the offices of the commission, any	12991
officer, agent, or employee of any person subject to this chapter.	12992
The commission, by subpoena, also may compel the attendance of a	12993
witness for the purpose of the examination and, by subpoena duces	12994
tecum, may compel the production of all books, contracts, records,	12995
and documents that relate to ~~the transportation and offering for~~	12996
~~transportation of hazardous materials~~compliance with this chapter	12997
and the rules adopted thereunder.	12998

Sec. 4928.66. (A)(1)(a) Beginning in 2009, an electric	12999
distribution utility shall implement energy efficiency programs	13000
that achieve energy savings equivalent to at least three-tenths of	13001
one per cent of the total, annual average, and normalized	13002
kilowatt-hour sales of the electric distribution utility during	13003
the preceding three calendar years to customers in this state. An	13004
energy efficiency program may include a combined heat and power	13005
system placed into service or retrofitted on or after the	13006
effective date of the amendment of this section by S.B. 315 of the	13007
129th general assembly, September 10, 2012, or a waste energy	13008
recovery system placed into service or retrofitted on or after ~~the~~	13009
~~same date~~September 10, 2012, except that a waste energy recovery	13010
system described in division (A)(38)(b) of section 4928.01 of the	13011
Revised Code may be included only if it was placed into service	13012
between January 1, 2002, and December 31, 2004. For a waste energy	13013
recovery or combined heat and power system, the savings shall be	13014
as estimated by the public utilities commission. The savings	13015
requirement, using such a three-year average, shall increase to an	13016
additional five-tenths of one per cent in 2010, seven-tenths of	13017
one per cent in 2011, eight-tenths of one per cent in 2012,	13018
nine-tenths of one per cent in 2013, one per cent from 2014 to	13019
2018, and two per cent each year thereafter, achieving a	13020
cumulative, annual energy savings in excess of twenty-two per cent	13021
by the end of 2025. ~~For purposes of a waste energy recovery or~~	13022
~~combined heat and power system, an electric distribution utility~~	13023
~~shall not apply more than the total annual percentage of the~~	13024
~~electric distribution utility's industrial-customer load, relative~~	13025
~~to the electric distribution utility's total load, to the annual~~	13026
~~energy savings requirement.~~	13027

(b) Beginning in 2009, an electric distribution utility shall	13028
implement peak demand reduction programs designed to achieve a one	13029
per cent reduction in peak demand in 2009 and an additional	13030
seventy-five hundredths of one per cent reduction each year	13031
through 2018. In 2018, the standing committees in the house of	13032
representatives and the senate primarily dealing with energy	13033
issues shall make recommendations to the general assembly	13034
regarding future peak demand reduction targets.	13035

(2) For the purposes of divisions (A)(1)(a) and (b) of this	13036
section:	13037

(a) The baseline for energy savings under division (A)(1)(a)	13038
of this section shall be the average of the total kilowatt hours	13039
the electric distribution utility sold in the preceding three	13040
calendar years, and the baseline for a peak demand reduction under	13041
division (A)(1)(b) of this section shall be the average peak	13042
demand on the utility in the preceding three calendar years,	13043
except that the commission may reduce either baseline to adjust	13044
for new economic growth in the utility's certified territory.	13045

(b) The commission may amend the benchmarks set forth in	13046
division (A)(1)(a) or (b) of this section if, after application by	13047
the electric distribution utility, the commission determines that	13048
the amendment is necessary because the utility cannot reasonably	13049
achieve the benchmarks due to regulatory, economic, or	13050
technological reasons beyond its reasonable control.	13051

(c) Compliance with divisions (A)(1)(a) and (b) of this	13052
section shall be measured by including the effects of all	13053
demand-response programs for mercantile customers of the subject	13054
electric distribution utility, all waste energy recovery systems	13055
and all combined heat and power systems, and all such mercantile	13056
customer-sited energy efficiency, including waste energy recovery	13057
and combined heat and power, and peak demand reduction programs,	13058
adjusted upward by the appropriate loss factors. Any mechanism	13059
designed to recover the cost of energy efficiency, including waste	13060
energy recovery and combined heat and power, and peak demand	13061
reduction programs under divisions (A)(1)(a) and (b) of this	13062
section may exempt mercantile customers that commit their	13063
demand-response or other customer-sited capabilities, whether	13064
existing or new, for integration into the electric distribution	13065
utility's demand-response, energy efficiency, including waste	13066
energy recovery and combined heat and power, or peak demand	13067
reduction programs, if the commission determines that that	13068
exemption reasonably encourages such customers to commit those	13069
capabilities to those programs. If a mercantile customer makes	13070
such existing or new demand-response, energy efficiency, including	13071
waste energy recovery and combined heat and power, or peak demand	13072
reduction capability available to an electric distribution utility	13073
pursuant to division (A)(2)(c) of this section, the electric	13074
utility's baseline under division (A)(2)(a) of this section shall	13075
be adjusted to exclude the effects of all such demand-response,	13076
energy efficiency, including waste energy recovery and combined	13077
heat and power, or peak demand reduction programs that may have	13078
existed during the period used to establish the baseline. The	13079
baseline also shall be normalized for changes in numbers of	13080
customers, sales, weather, peak demand, and other appropriate	13081
factors so that the compliance measurement is not unduly	13082
influenced by factors outside the control of the electric	13083
distribution utility.	13084

(d) Programs implemented by a utility may include	13085
demand-response programs, smart grid investment programs, provided	13086
that such programs are demonstrated to be cost-beneficial,	13087
customer-sited programs, including waste energy recovery and	13088
combined heat and power systems, and transmission and distribution	13089
infrastructure improvements that reduce line losses. Division	13090
(A)(2)(c) of this section shall be applied to include facilitating	13091
efforts by a mercantile customer or group of those customers to	13092
offer customer-sited demand-response, energy efficiency, including	13093
waste energy recovery and combined heat and power, or peak demand	13094
reduction capabilities to the electric distribution utility as	13095
part of a reasonable arrangement submitted to the commission	13096
pursuant to section 4905.31 of the Revised Code.	13097

(e) No programs or improvements described in division	13098
(A)(2)(d) of this section shall conflict with any statewide	13099
building code adopted by the board of building standards.	13100

(B) In accordance with rules it shall adopt, the public	13101
utilities commission shall produce and docket at the commission an	13102
annual report containing the results of its verification of the	13103
annual levels of energy efficiency and of peak demand reductions	13104
achieved by each electric distribution utility pursuant to	13105
division (A) of this section. A copy of the report shall be	13106
provided to the consumers' counsel.	13107

(C) If the commission determines, after notice and	13108
opportunity for hearing and based upon its report under division	13109
(B) of this section, that an electric distribution utility has	13110
failed to comply with an energy efficiency or peak demand	13111
reduction requirement of division (A) of this section, the	13112
commission shall assess a forfeiture on the utility as provided	13113
under sections 4905.55 to 4905.60 and 4905.64 of the Revised Code,	13114
either in the amount, per day per undercompliance or	13115
noncompliance, relative to the period of the report, equal to that	13116
prescribed for noncompliances under section 4905.54 of the Revised	13117
Code, or in an amount equal to the then existing market value of	13118
one renewable energy credit per megawatt hour of undercompliance	13119
or noncompliance. Revenue from any forfeiture assessed under this	13120
division shall be deposited to the credit of the advanced energy	13121
fund created under section 4928.61 of the Revised Code.	13122

(D) The commission may establish rules regarding the content	13123
of an application by an electric distribution utility for	13124
commission approval of a revenue decoupling mechanism under this	13125
division. Such an application shall not be considered an	13126
application to increase rates and may be included as part of a	13127
proposal to establish, continue, or expand energy efficiency or	13128
conservation programs. The commission by order may approve an	13129
application under this division if it determines both that the	13130
revenue decoupling mechanism provides for the recovery of revenue	13131
that otherwise may be forgone by the utility as a result of or in	13132
connection with the implementation by the electric distribution	13133
utility of any energy efficiency or energy conservation programs	13134
and reasonably aligns the interests of the utility and of its	13135
customers in favor of those programs.	13136

(E) The commission additionally shall adopt rules that	13137
require an electric distribution utility to provide a customer	13138
upon request with two years' consumption data in an accessible	13139
form.	13140

Sec. 5104.03. (A) Any person, firm, organization,	13141
institution, or agency seeking to establish a child day-care	13142
center, type A family day-care home, or licensed type B family	13143
day-care home shall apply for a license to the director of job and	13144
family services on such form as the director prescribes. The	13145
director shall provide at no charge to each applicant for	13146
licensure a copy of the child care license requirements in this	13147
chapter and a copy of the rules adopted pursuant to this chapter.	13148
The copies may be provided in paper or electronic form.	13149

Fees shall be set by the director pursuant to sections	13150
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	13151
paid at the time of application for a license to operate a center,	13152
type A home, or type B home. Fees collected under this section	13153
shall be paid into the state treasury to the credit of the general	13154
revenue fund.	13155

(B)(1) Upon filing of the application for a license, the	13156
director shall investigate and inspect the center, type A home, or	13157
type B home to determine the license capacity for each age	13158
category of children of the center, type A home, or type B home	13159
and to determine whether the center, type A home, or type B home	13160
complies with this chapter and rules adopted pursuant to this	13161
chapter. When, after investigation and inspection, the director is	13162
satisfied that this chapter and rules adopted pursuant to it are	13163
complied with, subject to division (H) of this section, a license	13164
shall be issued as soon as practicable in such form and manner as	13165
prescribed by the director. The license shall be designated as	13166
provisional and shall be valid for twelve months from the date of	13167
issuance unless revoked.	13168

(2) The director may contract with a government entity or a	13169
private nonprofit entity for the entity to inspect ~~and license~~	13170
type B family day-care homes pursuant to this section. If the	13171
director contracts with a government entity or private nonprofit	13172
entity for that purpose, the entity may contract with another	13173
government entity or private nonprofit entity for the other entity	13174
to inspect type B homes pursuant to this section. The ~~department~~	13175
director, government entity, or private nonprofit entity shall	13176
conduct ~~the~~an inspection prior to the issuance of a license for	13177
~~the~~a type B home and, as part of that inspection, ensure that the	13178
type B home is safe and sanitary.	13179

(C)(1) On receipt of an application for licensure as a type B	13180
family day-care home to provide publicly funded child care, the	13181
~~department~~director shall search the uniform statewide automated	13182
child welfare information system for information concerning any	13183
abuse or neglect report made pursuant to section 2151.421 of the	13184
Revised Code of which the applicant, any other adult residing in	13185
the applicant's home, or a person designated by the applicant to	13186
be an emergency or substitute caregiver for the applicant is the	13187
subject.	13188

(2) The ~~department~~director shall consider any information it	13189
~~discovers~~discovered pursuant to division (C)(1) of this section	13190
or that is provided by a public children services agency pursuant	13191
to section 5153.175 of the Revised Code. If the ~~department~~	13192
director determines that the information, when viewed within the	13193
totality of the circumstances, reasonably leads to the conclusion	13194
that the applicant may directly or indirectly endanger the health,	13195
safety, or welfare of children, the ~~department~~director shall deny	13196
the application for licensure or revoke the license of a type B	13197
family day-care home.	13198

(D) The director shall investigate and inspect the center,	13199
type A home, or type B home at least once during operation under a	13200
license designated as provisional. If after the investigation and	13201
inspection the director determines that the requirements of this	13202
chapter and rules adopted pursuant to this chapter are met,	13203
subject to division (H) of this section, the director shall issue	13204
a new license to the center or home.	13205

(E) Each license shall state the name of the licensee, the	13206
name of the administrator, the address of the center, type A home,	13207
or licensed type B home, and the license capacity for each age	13208
category of children. The license shall include thereon, in	13209
accordance with sections 5104.015, 5104.017, and 5104.018 of the	13210
Revised Code, the toll-free telephone number to be used by persons	13211
suspecting that the center, type A home, or licensed type B home	13212
has violated a provision of this chapter or rules adopted pursuant	13213
to this chapter. A license is valid only for the licensee,	13214
administrator, address, and license capacity for each age category	13215
of children designated on the license. The license capacity	13216
specified on the license is the maximum number of children in each	13217
age category that may be cared for in the center, type A home, or	13218
licensed type B home at one time.	13219

The center or type A home licensee shall notify the director	13220
when the administrator of the center or home changes. The director	13221
shall amend the current license to reflect a change in an	13222
administrator, if the administrator meets the requirements of this	13223
chapter and rules adopted pursuant to this chapter, or a change in	13224
license capacity for any age category of children as determined by	13225
the director of job and family services.	13226

(F) If the director revokes the license of a center, a type A	13227
home, or a type B home, the director shall not issue another	13228
license to the owner of the center, type A home, or type B home	13229
until five years have elapsed from the date the license is	13230
revoked.	13231

If the director denies an application for a license, the	13232
director shall not accept another application from the applicant	13233
until five years have elapsed from the date the application is	13234
denied.	13235

(G) If during the application for licensure process the	13236
director determines that the license of the owner has been	13237
revoked, the investigation of the center, type A home, or type B	13238
home shall cease. This action does not constitute denial of the	13239
application and may not be appealed under division (H) of this	13240
section.	13241

(H) All actions of the director with respect to licensing	13242
centers, type A homes, or type B homes, refusal to license, and	13243
revocation of a license shall be in accordance with Chapter 119.	13244
of the Revised Code. Any applicant who is denied a license or any	13245
owner whose license is revoked may appeal in accordance with	13246
section 119.12 of the Revised Code.	13247

(I) In no case shall the director issue a license under this	13248
section for a center, type A home, or type B home if the director,	13249
based on documentation provided by the appropriate county	13250
department of job and family services, determines that the	13251
applicant had been certified as a type B family day-care home when	13252
such certifications were issued by county departments prior to	13253
January 1, 2014, that the county department revoked that	13254
certification within the immediately preceding five years, that	13255
the revocation was based on the applicant's refusal or inability	13256
to comply with the criteria for certification, and that the	13257
refusal or inability resulted in a risk to the health or safety of	13258
children.	13259

(J)(1) Except as provided in division (J)(2) of this section,	13260
an administrator of a type B family day-care home that receives a	13261
license pursuant to this section to provide publicly funded child	13262
care is an independent contractor and is not an employee of the	13263
department of job and family services.	13264

(2) For purposes of Chapter 4141. of the Revised Code,	13265
determinations concerning the employment of an administrator of a	13266
type B family day-care home that receives a license pursuant to	13267
this section shall be determined under Chapter 4141. of the	13268
Revised Code.	13269

Sec. 5122.36. If the legal residence of a person suffering	13270
from mental illness is in another county of the state, the	13271
necessary expense of the person's return is a proper charge	13272
against the county of legal residence. If an adjudication and	13273
order of hospitalization by the probate court of the county of	13274
temporary residence are required, the regular probate court fees	13275
and expenses incident to the order of hospitalization under this	13276
chapter and any other expense incurred on the person's behalf	13277
shall be charged to and paid by the county of the person's legal	13278
residence upon the approval and certification of the probate judge	13279
of that county. The ordering court shall send to the probate court	13280
of the person's county of legal residence a certified transcript	13281
of all proceedings had in the ordering court. The receiving court	13282
shall enter and record the transcript. The certified transcript is	13283
prima facie evidence of the residence of the person. When the	13284
residence of the person cannot be established as represented by	13285
the ordering court, the matter of residence shall be referred to	13286
the department of mental health and addiction services for	13287
investigation and determination.	13288

Sec. 5123.01. As used in this chapter:

13289

(A) "Chief medical officer" means the licensed physician	13290
appointed by the managing officer of an institution for the	13291
mentally retarded with the approval of the director of	13292
developmental disabilities to provide medical treatment for	13293
residents of the institution.	13294

(B) "Chief program director" means a person with special	13295
training and experience in the diagnosis and management of the	13296
mentally retarded, certified according to division (C) of this	13297
section in at least one of the designated fields, and appointed by	13298
the managing officer of an institution for the mentally retarded	13299
with the approval of the director to provide habilitation and care	13300
for residents of the institution.	13301

(C) "Comprehensive evaluation" means a study, including a	13302
sequence of observations and examinations, of a person leading to	13303
conclusions and recommendations formulated jointly, with	13304
dissenting opinions if any, by a group of persons with special	13305
training and experience in the diagnosis and management of persons	13306
with mental retardation or a developmental disability, which group	13307
shall include individuals who are professionally qualified in the	13308
fields of medicine, psychology, and social work, together with	13309
such other specialists as the individual case may require.	13310

(D) "Education" means the process of formal training and	13311
instruction to facilitate the intellectual and emotional	13312
development of residents.	13313

(E) "Habilitation" means the process by which the staff of	13314
the institution assists the resident in acquiring and maintaining	13315
those life skills that enable the resident to cope more	13316
effectively with the demands of the resident's own person and of	13317
the resident's environment and in raising the level of the	13318
resident's physical, mental, social, and vocational efficiency.	13319
Habilitation includes but is not limited to programs of formal,	13320
structured education and training.	13321

(F) "Health officer" means any public health physician,	13322
public health nurse, or other person authorized or designated by a	13323
city or general health district.	13324

(G) "Home and community-based services" means medicaid-funded	13325
home and community-based services specified in division (A)(1) of	13326
section 5166.20 of the Revised Code provided under the medicaid	13327
waiver components the department of developmental disabilities	13328
administers pursuant to section 5166.21 of the Revised Code.	13329
Except as provided in section 5123.0412 of the Revised Code, home	13330
and community-based services provided under the medicaid waiver	13331
component known as the transitions developmental disabilities	13332
waiver are to be considered to be home and community-based	13333
services for the purposes of this chapter, and Chapters 5124. and	13334
5126. of the Revised Code, only to the extent, if any, provided by	13335
the contract required by section 5166.21 of the Revised Code	13336
regarding the waiver.	13337

(H) "ICF/IID" has the same meaning as in section 5124.01 of	13338
the Revised Code.	13339

(I) "Indigent person" means a person who is unable, without	13340
substantial financial hardship, to provide for the payment of an	13341
attorney and for other necessary expenses of legal representation,	13342
including expert testimony.	13343

(J) "Institution" means a public or private facility, or a	13344
part of a public or private facility, that is licensed by the	13345
appropriate state department and is equipped to provide	13346
residential habilitation, care, and treatment for the mentally	13347
retarded.	13348

(K) "Licensed physician" means a person who holds a valid	13349
certificate issued under Chapter 4731. of the Revised Code	13350
authorizing the person to practice medicine and surgery or	13351
osteopathic medicine and surgery, or a medical officer of the	13352
government of the United States while in the performance of the	13353
officer's official duties.	13354

(L) "Managing officer" means a person who is appointed by the	13355
director of developmental disabilities to be in executive control	13356
of an institution for the mentally retarded under the jurisdiction	13357
of the department.	13358

(M) "Medicaid case management services" means case management	13359
services provided to an individual with mental retardation or	13360
other developmental disability that the state medicaid plan	13361
requires.	13362

(N) "Mentally retarded person" means a person having	13363
significantly subaverage general intellectual functioning existing	13364
concurrently with deficiencies in adaptive behavior, manifested	13365
during the developmental period.	13366

(O) "Mentally retarded person subject to institutionalization	13367
by court order" means a person eighteen years of age or older who	13368
is at least moderately mentally retarded and in relation to whom,	13369
because of the person's retardation, either of the following	13370
conditions exist:	13371

(1) The person represents a very substantial risk of physical	13372
impairment or injury to self as manifested by evidence that the	13373
person is unable to provide for and is not providing for the	13374
person's most basic physical needs and that provision for those	13375
needs is not available in the community;	13376

(2) The person needs and is susceptible to significant	13377
habilitation in an institution.	13378

(P) "A person who is at least moderately mentally retarded"	13379
means a person who is found, following a comprehensive evaluation,	13380
to be impaired in adaptive behavior to a moderate degree and to be	13381
functioning at the moderate level of intellectual functioning in	13382
accordance with standard measurements as recorded in the most	13383
current revision of the manual of terminology and classification	13384
in mental retardation published by the American association on	13385
mental retardation.	13386

(Q) As used in this division, ~~"substantial functional~~	13387
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	13388
has the ~~meanings~~meaning established pursuant to section 5123.011	13389
of the Revised Code.	13390

"Developmental disability" means a severe, chronic disability	13391
that is characterized by all of the following:	13392

(1) It is attributable to a mental or physical impairment or	13393
a combination of mental and physical impairments, other than a	13394
mental or physical impairment solely caused by mental illness as	13395
defined in division (A) of section 5122.01 of the Revised Code.	13396

(2) It is manifested before age twenty-two.

13397

(3) It is likely to continue indefinitely.

13398

(4) It results in one of the following:

13399

(a) In the case of a person under three years of age, at	13400
least one developmental delay or ~~an established risk~~a diagnosed	13401
physical or mental condition that has a high probability of	13402
resulting in a developmental delay;	13403

(b) In the case of a person at least three years of age but	13404
under six years of age, at least two developmental delays ~~or an~~	13405
~~established risk~~;	13406

(c) In the case of a person six years of age or older, a	13407
substantial functional limitation in at least three of the	13408
following areas of major life activity, as appropriate for the	13409
person's age: self-care, receptive and expressive language,	13410
learning, mobility, self-direction, capacity for independent	13411
living, and, if the person is at least sixteen years of age,	13412
capacity for economic self-sufficiency.	13413

(5) It causes the person to need a combination and sequence	13414
of special, interdisciplinary, or other type of care, treatment,	13415
or provision of services for an extended period of time that is	13416
individually planned and coordinated for the person.	13417

(R) "Developmentally disabled person" means a person with a	13418
developmental disability.	13419

(S) "State institution" means an institution that is	13420
tax-supported and under the jurisdiction of the department.	13421

(T) "Residence" and "legal residence" have the same meaning	13422
as "legal settlement," which is acquired by residing in Ohio for a	13423
period of one year without receiving general assistance prior to	13424
July 17, 1995, under former Chapter 5113. of the Revised Code,	13425
financial assistance under Chapter 5115. of the Revised Code, or	13426
assistance from a private agency that maintains records of	13427
assistance given. A person having a legal settlement in the state	13428
shall be considered as having legal settlement in the assistance	13429
area in which the person resides. No adult person coming into this	13430
state and having a spouse or minor children residing in another	13431
state shall obtain a legal settlement in this state as long as the	13432
spouse or minor children are receiving public assistance, care, or	13433
support at the expense of the other state or its subdivisions. For	13434
the purpose of determining the legal settlement of a person who is	13435
living in a public or private institution or in a home subject to	13436
licensing by the department of job and family services, the	13437
department of mental health and addiction services, or the	13438
department of developmental disabilities, the residence of the	13439
person shall be considered as though the person were residing in	13440
the county in which the person was living prior to the person's	13441
entrance into the institution or home. Settlement once acquired	13442
shall continue until a person has been continuously absent from	13443
Ohio for a period of one year or has acquired a legal residence in	13444
another state. A woman who marries a man with legal settlement in	13445
any county immediately acquires the settlement of her husband. The	13446
legal settlement of a minor is that of the parents, surviving	13447
parent, sole parent, parent who is designated the residential	13448
parent and legal custodian by a court, other adult having	13449
permanent custody awarded by a court, or guardian of the person of	13450
the minor, provided that:	13451

(1) A minor female who marries shall be considered to have	13452
the legal settlement of her husband and, in the case of death of	13453
her husband or divorce, she shall not thereby lose her legal	13454
settlement obtained by the marriage.	13455

(2) A minor male who marries, establishes a home, and who has	13456
resided in this state for one year without receiving general	13457
assistance prior to July 17, 1995, under former Chapter 5113. of	13458
the Revised Code, financial assistance under Chapter 5115. of the	13459
Revised Code, or assistance from a private agency that maintains	13460
records of assistance given shall be considered to have obtained a	13461
legal settlement in this state.	13462

(3) The legal settlement of a child under eighteen years of	13463
age who is in the care or custody of a public or private child	13464
caring agency shall not change if the legal settlement of the	13465
parent changes until after the child has been in the home of the	13466
parent for a period of one year.	13467

No person, adult or minor, may establish a legal settlement	13468
in this state for the purpose of gaining admission to any state	13469
institution.	13470

(U)(1) "Resident" means, subject to division (U)(2) of this	13471
section, a person who is admitted either voluntarily or	13472
involuntarily to an institution or other facility pursuant to	13473
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	13474
Code subsequent to a finding of not guilty by reason of insanity	13475
or incompetence to stand trial or under this chapter who is under	13476
observation or receiving habilitation and care in an institution.	13477

(2) "Resident" does not include a person admitted to an	13478
institution or other facility under section 2945.39, 2945.40,	13479
2945.401, or 2945.402 of the Revised Code to the extent that the	13480
reference in this chapter to resident, or the context in which the	13481
reference occurs, is in conflict with any provision of sections	13482
2945.37 to 2945.402 of the Revised Code.	13483

(V) "Respondent" means the person whose detention,	13484
commitment, or continued commitment is being sought in any	13485
proceeding under this chapter.	13486

(W) "Working day" and "court day" mean Monday, Tuesday,	13487
Wednesday, Thursday, and Friday, except when such day is a legal	13488
holiday.	13489

(X) "Prosecutor" means the prosecuting attorney, village	13490
solicitor, city director of law, or similar chief legal officer	13491
who prosecuted a criminal case in which a person was found not	13492
guilty by reason of insanity, who would have had the authority to	13493
prosecute a criminal case against a person if the person had not	13494
been found incompetent to stand trial, or who prosecuted a case in	13495
which a person was found guilty.	13496

(Y) "Court" means the probate division of the court of common	13497
pleas.	13498

(Z) "Supported living" and "residential services" have the	13499
same meanings as in section 5126.01 of the Revised Code.	13500

Sec. 5123.011. The director of developmental disabilities	13501
shall adopt rules in accordance with Chapter 119. of the Revised	13502
Code ~~that establish definitions of "substantial functional~~	13503
~~limitation,"~~to do both of the following:	13504

(A) Define "developmental delay~~," "established risk,"~~	13505
~~"biological risk," and "environmental risk.~~";	13506

(B) For the purpose of division (Q)(4)(c) of section 5123.01	13507
and division (F)(4)(c) of section 5126.01 of the Revised Code,	13508
specify how to determine whether a person six years of age or	13509
older has a substantial functional limitation in a major life	13510
activity as appropriate for the person's age.	13511

Sec. 5123.012. (A) As used in this section:

13512

~~(1) "Biological risk" and "environmental risk" have the~~	13513
~~meanings established pursuant to section 5123.011 of the Revised~~	13514
~~Code.~~	13515

~~(2) "Preschool~~, "preschool child with a disability" has the	13516
same meaning as in section 3323.01 of the Revised Code.	13517

(B) Except as provided in division (C) of this section, the	13518
department of developmental disabilities shall make eligibility	13519
determinations in accordance with the definition of "developmental	13520
disability" in section 5123.01 of the Revised Code. The department	13521
may adopt rules in accordance with Chapter 119. of the Revised	13522
Code establishing eligibility for programs and services for ~~either~~	13523
~~of the following:~~	13524

~~(1) Individuals under age six who have a biological risk or~~	13525
~~environmental risk of a developmental delay;~~	13526

~~(2) Any~~any preschool child with a disability eligible for	13527
services under section 3323.02 of the Revised Code whose	13528
disability is not attributable solely to mental illness as defined	13529
in section 5122.01 of the Revised Code.	13530

(C)(1) The department shall make determinations of	13531
eligibility for protective services in accordance with sections	13532
5123.55 to 5123.59 of the Revised Code.	13533

(2) Determinations of whether a mentally retarded person is	13534
subject to institutionalization by court order shall be made in	13535
accordance with sections 5123.71 to 5123.76 of the Revised Code	13536
and shall be based on the definition of "mentally retarded person	13537
subject to institutionalization by court order" in section 5123.01	13538
of the Revised Code.	13539

(3) All persons who were eligible for services and enrolled	13540
in programs offered by the department of developmental	13541
disabilities pursuant to this chapter on July 1, 1991, shall	13542
continue to be eligible for those services and to be enrolled in	13543
those programs as long as they are in need of services.	13544

Sec. 5123.0420. As used in this section, "evidence-based	13545
intervention" means a prevention or treatment service that has	13546
been demonstrated through scientific evaluation to produce a	13547
positive outcome.	13548

The department of developmental disabilities shall establish	13549
a voluntary training and certification program for individuals who	13550
provide evidence-based interventions to individuals with an autism	13551
spectrum disorder. The department shall administer the program or	13552
contract with a person or other government entity to administer	13553
the program. The program shall not conflict with or duplicate any	13554
other certification or licensure process administered by the	13555
state.	13556

The director of developmental disabilities may adopt rules as	13557
necessary to implement this section. If the director adopts rules,	13558
the rules shall be adopted in accordance with Chapter 119. of the	13559
Revised Code.	13560

Sec. 5123.081. (A) As used in this section:

13561

(1)(a) "Applicant" means any of the following:

13562

(i) A person who is under final consideration for appointment	13563
to or ~~employment with~~hiring by the department of developmental	13564
disabilities or a county board of developmental disabilities;	13565

(ii) A person who is being transferred to the department or a	13566
county board;	13567

(iii) An employee who is being recalled to or reemployed by	13568
the department or a county board after a layoff;	13569

(iv) A person under final consideration for a direct services	13570
position with a provider or subcontractor.	13571

(b) Neither of the following is an applicant:

13572

(i) A person who is employed by a responsible entity in a	13573
position for which a criminal records check is required by this	13574
section and either is being considered for a different position	13575
with the responsible entity or is returning after a leave of	13576
absence or seasonal break in employment, unless the responsible	13577
entity has reason to believe that the person has committed a	13578
disqualifying offense;	13579

(ii) A person who is to provide only respite care under a	13580
family support services program established under section 5126.11	13581
of the Revised Code if a family member of the individual with	13582
mental retardation or a developmental disability who is to receive	13583
the respite care selects the person.	13584

(2) "Criminal records check" has the same meaning as in	13585
section 109.572 of the Revised Code.	13586

(3) "Direct services position" means an employment position	13587
in which the employee has the opportunity to be alone with or	13588
exercises supervision or control over one or more individuals with	13589
mental retardation or a developmental disability.	13590

(4) "Disqualifying offense" means any of the offenses listed	13591
or described in divisions (A)(3)(a) to (e) of section 109.572 of	13592
the Revised Code.	13593

(5)(a) "Employee" means either of the following:

13594

(i) A person appointed to or employed by the department of	13595
developmental disabilities or a county board of developmental	13596
disabilities;	13597

(ii) A person employed in a direct services position by a	13598
provider or subcontractor.	13599

(b) "Employee" does not mean a person who provides only	13600
respite care under a family support services program established	13601
under section 5126.11 of the Revised Code if a family member of	13602
the individual with mental retardation or a developmental	13603
disability who receives the respite care selected the person.	13604

(6) "Minor drug possession offense" has the same meaning as	13605
in section 2925.01 of the Revised Code.	13606

(7) "Provider" means a person that provides specialized	13607
services to individuals with mental retardation or a developmental	13608
disability and employs one or more persons in direct services	13609
positions.	13610

(8) "Responsible entity" means the following:

13611

(a) The department of developmental disabilities in the case	13612
of either of the following:	13613

(i) A person who is an applicant because the department is	13614
giving the person ~~is under~~ final consideration for appointment to	13615
or ~~employment with~~being hired by the department, the person is	13616
being transferred to the department, or the person is being	13617
recalled to or reemployed by the department after a layoff;	13618

(ii) A person who is an employee because the person is	13619
appointed to or employed by the department.	13620

(b) A county board of developmental disabilities in the case	13621
of either of the following:	13622

(i) A person who is an applicant because the county board is	13623
giving the person ~~is under~~ final consideration for appointment to	13624
or ~~employment with~~being hired by the county board, the person is	13625
being transferred to the county board, or the person is being	13626
recalled to or reemployed by the county board after a layoff;	13627

(ii) A person who is an employee because the person is	13628
appointed to or employed by the county board.	13629

13630

(i) A person who is an applicant because the provider is	13631
giving the person ~~is under~~ final consideration for being hired	13632
into a direct services position with the provider;	13633

(ii) A person who is an employee because the provider employs	13634
the person ~~is employed~~ in a direct services position ~~by the~~	13635
~~provider~~.	13636

(d) A subcontractor in the case of either of the following:

13637

(i) A person who is an applicant because the subcontractor is	13638
giving the person ~~is under~~ final consideration for being hired	13639
into a direct services position with the subcontractor;	13640

(ii) A person who is an employee because the subcontractor	13641
employs the person ~~is employed~~ in a direct services position by	13642
~~the subcontractor~~.	13643

(9) "Specialized services" means any program or service	13644
designed and operated to serve primarily individuals with mental	13645
retardation or a developmental disability, including a program or	13646
service provided by an entity licensed or certified by the	13647
department of developmental disabilities. If there is a question	13648
as to whether a provider or subcontractor is providing specialized	13649
services, the provider or subcontractor may request that the	13650
director of developmental disabilities make a determination. The	13651
director's determination is final.	13652

(10) "Subcontractor" means a person to which both of the	13653
following apply:	13654

(a) The person has either of the following:

13655

(i) A subcontract with a provider to provide specialized	13656
services included in the contract between the provider and the	13657
department of developmental disabilities or a county board of	13658
developmental disabilities;	13659

(ii) A subcontract with another subcontractor to provide	13660
specialized services included in a subcontract between the other	13661
subcontractor and a provider or other subcontractor.	13662

(b) The person employs one or more persons in direct services	13663
positions.	13664

(B) A responsible entity shall not ~~employ~~hire an applicant	13665
or ~~continue to employ~~retain an employee if either of the	13666
following applies:	13667

(1) The applicant or employee fails to comply with division	13668
(D)(3) of this section.	13669

(2) Except as provided in rules adopted under this section,	13670
the applicant or employee is found by a criminal records check	13671
required by this section to have been convicted of,or pleaded	13672
guilty to~~, or been found eligible for intervention in lieu of~~	13673
~~conviction for~~ a disqualifying offense.	13674

(C) Before ~~employing~~hiring an applicant ininto a position	13675
for which a criminal records check is required by this section, a	13676
responsible entity shall require the applicant to submit a	13677
statement with the applicant's signature attesting that the	13678
applicant has not been convicted of,or pleaded guilty to~~, or been~~	13679
~~found eligible for intervention in lieu of conviction for~~ a	13680
disqualifying offense. The responsible entity also shall require	13681
the applicant to sign an agreement under which the applicant	13682
agrees to notify the responsible entity within fourteen calendar	13683
days if, after being hired and while employed by the responsible	13684
entity, the applicant is formally charged with, is convicted of,	13685
or pleads guilty to~~, or is found eligible for intervention in lieu~~	13686
~~of conviction for~~ a disqualifying offense. The agreement shall	13687
provide that the applicant's failure to provide the notification	13688
may result in termination of the applicant's employment.	13689

(D)(1) As a condition ~~of employing~~for hiring any applicant	13690
ininto a position for which a criminal records check is required	13691
by this section, a responsible entity shall request the	13692
superintendent of the bureau of criminal identification and	13693
investigation to conduct a criminal records check of the	13694
applicant. If rules adopted under this section require an employee	13695
to undergo a criminal records check, a responsible entity shall	13696
request the superintendent to conduct a criminal records check of	13697
the employee at times specified in the rules as a condition of the	13698
responsible entity's ~~continuing to employ~~retaining the employee	13699
in a position for which a criminal records check is required by	13700
this section. If an applicant or employee does not present proof	13701
that the applicant or employee has been a resident of this state	13702
for the five-year period immediately prior to the date upon which	13703
the criminal records check is requested, the responsible entity	13704
shall request that the superintendent obtain information from the	13705
federal bureau of investigation as a part of the criminal records	13706
check. If the applicant or employee presents proof that the	13707
applicant or employee has been a resident of this state for that	13708
five-year period, the responsible entity may request that the	13709
superintendent include information from the federal bureau of	13710
investigation in the criminal records check. For purposes of this	13711
division, an applicant or employee may provide proof of residency	13712
in this state by presenting, with a notarized statement asserting	13713
that the applicant or employee has been a resident of this state	13714
for that five-year period, a valid driver's license, notification	13715
of registration as an elector, a copy of an officially filed	13716
federal or state tax form identifying the applicant's or	13717
employee's permanent residence, or any other document the	13718
responsible entity considers acceptable.	13719

(2) A responsible entity shall do all of the following:

13720

(a) Provide to each applicant and employee for whom a	13721
criminal records check is required by this section a copy of the	13722
form prescribed pursuant to division (C)(1) of section 109.572 of	13723
the Revised Code and a standard impression sheet to obtain	13724
fingerprint impressions prescribed pursuant to division (C)(2) of	13725
section 109.572 of the Revised Code;	13726

(b) Obtain the completed form and standard impression sheet	13727
from the applicant or employee;	13728

(c) Forward the completed form and standard impression sheet	13729
to the superintendent at the time the criminal records check is	13730
requested.	13731

(3) Any applicant or employee who receives pursuant to this	13732
division a copy of the form prescribed pursuant to division (C)(1)	13733
of section 109.572 of the Revised Code and a copy of the standard	13734
impression sheet prescribed pursuant to division (C)(2) of that	13735
section and who is requested to complete the form and provide a	13736
set of the applicant's or employee's fingerprint impressions shall	13737
complete the form or provide all the information necessary to	13738
complete the form and shall provide the standard impression sheet	13739
with the impressions of the applicant's or employee's	13740
fingerprints.	13741

(4) A responsible entity shall pay to the bureau of criminal	13742
identification and investigation the fee prescribed pursuant to	13743
division (C)(3) of section 109.572 of the Revised Code for each	13744
criminal records check requested and conducted pursuant to this	13745
section.	13746

(E) A responsible entity may request any other state or	13747
federal agency to supply the responsible entity with a written	13748
report regarding the criminal record of an applicant or employee.	13749
If an employee holds an occupational or professional license or	13750
other credentials, the responsible entity may request that the	13751
state or federal agency that regulates the employee's occupation	13752
or profession supply the responsible entity with a written report	13753
of any information pertaining to the employee's criminal record	13754
that the agency obtains in the course of conducting an	13755
investigation or in the process of renewing the employee's license	13756
or other credentials. The responsible entity may consider the	13757
reports when determining whether to employ the applicant or to	13758
continue to employ the employee.	13759

(F) As a condition of ~~employing~~hiring an applicant ininto a	13760
position for which a criminal records check is required by this	13761
section and that involves transporting individuals with mental	13762
retardation or developmental disabilities or operating a	13763
responsible entity's vehicles for any purpose, the responsible	13764
entity shall obtain the applicant's driving record from the bureau	13765
of motor vehicles. If rules adopted under this section require a	13766
responsible entity to obtain an employee's driving record, the	13767
responsible entity shall obtain the employee's driving record from	13768
the bureau at times specified in the rules as a condition of	13769
continuing to employ the employee. The responsible entity may	13770
consider the applicant's or employee's driving record when	13771
determining whether to employ the applicant or to continue to	13772
employ the employee.	13773

(G) A responsible entity may ~~employ an applicant~~	13774
conditionally hire an applicant pending receipt of a report	13775
regarding the applicant requested under this section. The	13776
responsible entity shall ~~terminate the applicant's employment~~	13777
remove the conditionally hired applicant from any job duties that	13778
require a report under this section if it is determined from a	13779
report that the applicant failed to inform the responsible entity	13780
that the applicant had been convicted of,or pleaded guilty to~~, or~~	13781
~~been found eligible for intervention in lieu of conviction for~~ a	13782
disqualifying offense.	13783

(H) A responsible entity may charge an applicant a fee for	13784
costs the responsible entity incurs in obtaining a report	13785
regarding the applicant under this section if the responsible	13786
entity notifies the applicant of the amount of the fee at the time	13787
of the applicant's initial application for ~~employment~~hiring into	13788
the position in question and that, unless the fee is paid, the	13789
responsible entity will not consider the applicant for ~~employment~~	13790
the hiring. The fee shall not exceed the amount of the fee, if	13791
any, the responsible entity pays for the report.	13792

(I)(1) Any report obtained pursuant to this section is not a	13793
public record for purposes of section 149.43 of the Revised Code	13794
and shall not be made available to any person, other than the	13795
following:	13796

(a) The applicant or employee who is the subject of the	13797
report or the applicant's or employee's representative;	13798

(b) The responsible entity that requested the report or its	13799
representative;	13800

(c) The department if a county board, provider, or	13801
subcontractor is the responsible entity that requested the report	13802
and the department requests the responsible entity to provide a	13803
copy of the report to the department;	13804

(d) A county board if a provider or subcontractor is the	13805
responsible entity that requested the report and the county board	13806
requests the responsible entity to provide a copy of the report to	13807
the county board;	13808

(e) Any court, hearing officer, or other necessary individual	13809
involved in a case dealing with any of the following:	13810

(i) The denial of ~~employment to~~hiring of the applicant or of	13811
retention of the employee;	13812

(ii) The denial, suspension, or revocation of a certificate	13813
under section 5123.166 or 5123.45 of the Revised Code;	13814

(iii) A civil or criminal action regarding the medicaid	13815
program or a program the department administers.	13816

(2) An applicant or employee for whom the responsible entity	13817
has obtained reports under this section may submit a written	13818
request to the responsible entity to have copies of the reports	13819
sent to any state agency, entity of local government, or private	13820
entity. The applicant or employee shall specify in the request the	13821
agencies or entities to which the copies are to be sent. On	13822
receiving the request, the responsible entity shall send copies of	13823
the reports to the agencies or entities specified.	13824

(3) A responsible entity may request that a state agency,	13825
entity of local government, or private entity send copies to the	13826
responsible entity of any report regarding a records check or	13827
criminal records check that the agency or entity possesses, if the	13828
responsible entity obtains the written consent of the individual	13829
who is the subject of the report.	13830

(4) A responsible entity shall provide each applicant and	13831
employee with a copy of any report obtained about the applicant or	13832
employee under this section.	13833

(J) The director of developmental disabilities shall adopt	13834
rules in accordance with Chapter 119. of the Revised Code to	13835
implement this section.	13836

(1) The rules may do the following:

13837

(a) Require employees to undergo criminal records checks	13838
under this section;	13839

(b) Require responsible entities to obtain the driving	13840
records of employees under this section;	13841

(c) If the rules require employees to undergo criminal	13842
records checks, require responsible entities to obtain the driving	13843
records of employees, or both, exempt one or more classes of	13844
employees from the requirements.	13845

(2) The rules shall do both of the following:

13846

(a) If the rules require employees to undergo criminal	13847
records checks, require responsible entities to obtain the driving	13848
records of employees, or both, specify the times at which the	13849
criminal records checks are to be conducted and the driving	13850
records are to be obtained;	13851

(b) Specify circumstances under which a responsible entity	13852
may ~~employ~~hire an applicant or retain an employee who is found by	13853
a criminal records check required by this section to have been	13854
convicted of,or pleaded guilty to~~, or been found eligible for~~	13855
~~intervention in lieu of conviction for~~ a disqualifying offense but	13856
meets standards in regard to rehabilitation set by the director.	13857

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.1610	13858
of the Revised Code:	13859

(1) "Applicant" means any of the following:

13860

(a) The chief executive officer of a business that applies	13861
under section 5123.161 of the Revised Code for a certificate to	13862
provide supported living;	13863

(b) The chief executive officer of a business that seeks	13864
renewal of the business's supported living certificate under	13865
section 5123.164 of the Revised Code;	13866

(c) An individual who applies under section 5123.161 of the	13867
Revised Code for a certificate to provide supported living as an	13868
independent provider;	13869

(d) An independent provider who seeks renewal of the	13870
independent provider's supported living certificate under section	13871
5123.164 of the Revised Code.	13872

(2)~~(a)~~ "Business" means ~~either of the following:~~

13873

~~(i) An~~an association, corporation, nonprofit organization,	13874
partnership, trust, or other group of persons;	13875

~~(ii) An individual who employs, directly or through contract,~~	13876
~~one or more other individuals to provide supported living.~~	13877

~~(b)~~. "Business" does not mean an independent provider.

13878

(3) "Criminal records check" has the same meaning as in	13879
section 109.572 of the Revised Code.	13880

(4) "Disqualifying offense" means any of the offenses listed	13881
or described in divisions (A)(3)(a) to (e) of section 109.572 of	13882
the Revised Code.	13883

(5) "Independent provider" means a provider who provides	13884
supported living on a self-employed basis and does not employ,	13885
directly or through contract, another ~~individual~~person to provide	13886
the supported living.	13887

(6) "Provider" means a person or government entity certified	13888
by the director of developmental disabilities to provide supported	13889
living. For the purpose of division (A)(8) of this section,	13890
"provider" includes a person or government entity that seeks or	13891
previously held a certificate to provide supported living.	13892

(7) "Minor drug possession offense" has the same meaning as	13893
in section 2925.01 of the Revised Code.	13894

(8) "Related party" means any of the following:

13895

(a) In the case of a provider who is an individual, any of	13896
the following:	13897

(i) The spouse of the provider;

13898

(ii) A parent or stepparent of the provider or provider's	13899
spouse;	13900

(iii) A child of the provider or provider's spouse;

13901

(iv) A sibling, half sibling, or stepsibling of the provider	13902
or provider's spouse;	13903

(v) A grandparent of the provider or provider's spouse;

13904

(vi) A grandchild of the provider or provider's spouse;

13905

~~(vii) An employee or employer of the provider or provider's~~	13906
~~spouse~~.	13907

(b) In the case of a provider that is a person other than an	13908
individual, any of the following:	13909

(i) ~~An employee of the person~~Any person or government entity	13910
that directly or indirectly controls the provider's day-to-day	13911
operations (including as a general manager, business manager,	13912
financial manager, administrator, or director), regardless of	13913
whether the person or government entity exercises the control	13914
pursuant to a contract or other arrangement and regardless of	13915
whether the person or government entity is required to file an	13916
Internal Revenue Code form W-2 for the provider;	13917

(ii) An officer of the provider, including the chief	13918
executive officer, president, vice-president, secretary, and	13919
treasurer;	13920

(iii) A member of the provider's board of directors or	13921
trustees;	13922

(iv) A person owning a financial interest of five per cent or	13923
more in the provider, including a direct, indirect, security, or	13924
mortgage financial interest;	13925

(v) ~~A corporation that has a subsidiary relationship with the~~	13926
~~provider;~~	13927

~~(vi) A person or government entity that has control over the~~	13928
~~provider's day-to-day operation;~~	13929

~~(vii)~~The spouse, parent, stepparent, child, sibling, half	13930
sibling, stepsibling, grandparent, or grandchild of any of the	13931
persons specified in divisions (A)(8)(b)(i) to (iv) of this	13932
section;	13933

(vi) A person over which the provider has control of the	13934
day-to-day operation;	13935

(vii) A corporation that has a subsidiary relationship with	13936
the provider.	13937

(c) In the case of a provider that is a government entity,	13938
any of the following:	13939

(i) ~~An employee of the provider~~Any person or government	13940
entity that directly or indirectly controls the provider's	13941
day-to-day operations (including as a general manager, financial	13942
manager, administrator, or director), regardless of whether the	13943
person or government entity exercises the control pursuant to a	13944
contract or other arrangement;	13945

(ii) An officer of the provider;

13946

(iii) A member of the provider's governing board;

13947

(iv) ~~A government entity that has control over the provider's~~	13948
~~day-to-day operation;~~	13949

~~(v)~~ A person or government entity over which the provider has	13950
control of the day-to-day operation.	13951

(B) No person or government entity may provide supported	13952
living without a valid supported living certificate issued by the	13953
director of developmental disabilities.	13954

(C) A county board of developmental disabilities may provide	13955
supported living only to the extent permitted by rules adopted	13956
under section 5123.1610 of the Revised Code.	13957

Sec. 5123.162. (A) The director of developmental	13958
disabilities may conduct surveys of persons and government	13959
entities that seek a supported living certificate to determine	13960
whether the persons and government entities meet the certification	13961
standards. The director may also conduct surveys of providers to	13962
determine whether the providers continue to meet the certification	13963
standards. The director shall conduct the surveys in accordance	13964
with rules adopted under section 5123.1610 of the Revised Code.	13965

(B) Following each survey of a provider, the director shall	13966
issue a report listing the date of the survey and any citations	13967
issued as a result of the survey. Except when the director	13968
initiates a proceeding to revoke a provider's certification, the	13969
director shall do all of the following:	13970

(1) Specify a date by which the provider may appeal any of	13971
the citations;	13972

(2) Specify a timetable within which the provider must submit	13973
a plan of correction describing how the problems specified in the	13974
citations will be corrected;	13975

(3) When appropriate, specify a timetable within which the	13976
provider must correct the problems specified in the citations.	13977

(C) If the director initiates a proceeding to revoke a	13978
provider's certification, the director shall include the report	13979
required by division (B) of this section with the notice of the	13980
proposed revocation the director sends the provider. In this	13981
circumstance, the provider may not appeal the citations or submit	13982
a plan of correction.	13983

(D) After a plan of correction is submitted, the director	13984
shall approve or disapprove the plan. If the plan of correction is	13985
approved, a copy of the approved plan shall be provided, not later	13986
than five business days after it is approved, to any person or	13987
government entity that requests it and made available on the	13988
internet web site maintained by the department of developmental	13989
disabilities. If the plan of correction is not approved and the	13990
director initiates a proceeding to revoke the provider's	13991
certification, a copy of the survey report shall be provided to	13992
any person or government entity that requests it and made	13993
available on the internet web site maintained by the department.	13994

~~The~~(E) In addition to survey reports described in this	13995
section, all other records ofassociated with surveys conducted	13996
under this section are public records for the purpose of section	13997
149.43 of the Revised Code and shall be made available on the	13998
request of any person or government entity.	13999

Sec. 5123.169. (A) The director of developmental	14000
disabilities shall not issue a supported living certificate to an	14001
applicant or renew an applicant's supported living certificate if	14002
either of the following applies:	14003

(1) The applicant fails to comply with division (C)(2) of	14004
this section;	14005

(2) Except as provided in rules adopted under section	14006
5123.1610 of the Revised Code, the applicant is found by a	14007
criminal records check required by this section to have been	14008
convicted of,or pleaded guilty to~~, or been found eligible for~~	14009
~~intervention in lieu of conviction for~~ a disqualifying offense.	14010

(B) Before issuing a supported living certificate to an	14011
applicant or renewing an applicant's supported living certificate,	14012
the director shall require the applicant to submit a statement	14013
with the applicant's signature attesting that the applicant has	14014
not been convicted of,or pleaded guilty to~~, or been found~~	14015
~~eligible for intervention in lieu of conviction for~~ a	14016
disqualifying offense. The director also shall require the	14017
applicant to sign an agreement under which the applicant agrees to	14018
notify the director within fourteen calendar days if, while	14019
holding a supported living certificate, the applicant is formally	14020
charged with, is convicted of, or pleads guilty to~~, or is found~~	14021
~~eligible for intervention in lieu of conviction for~~ a	14022
disqualifying offense. The agreement shall provide that the	14023
applicant's failure to provide the notification may result in	14024
action being taken by the director against the applicant under	14025
section 5123.166 of the Revised Code.	14026

(C)(1) As a condition of receiving a supported living	14027
certificate or having a supported living certificate renewed, an	14028
applicant shall request the superintendent of the bureau of	14029
criminal identification and investigation to conduct a criminal	14030
records check of the applicant. If an applicant does not present	14031
proof to the director that the applicant has been a resident of	14032
this state for the five-year period immediately prior to the date	14033
that the applicant applies for issuance or renewal of the	14034
supported living certificate, the director shall require the	14035
applicant to request that the superintendent obtain information	14036
from the federal bureau of investigation as a part of the criminal	14037
records check. If the applicant presents proof to the director	14038
that the applicant has been a resident of this state for that	14039
five-year period, the director may require the applicant to	14040
request that the superintendent include information from the	14041
federal bureau of investigation in the criminal records check. For	14042
purposes of this division, an applicant may provide proof of	14043
residency in this state by presenting, with a notarized statement	14044
asserting that the applicant has been a resident of this state for	14045
that five-year period, a valid driver's license, notification of	14046
registration as an elector, a copy of an officially filed federal	14047
or state tax form identifying the applicant's permanent residence,	14048
or any other document the director considers acceptable.	14049

(2) Each applicant shall do all of the following:

14050

(a) Obtain a copy of the form prescribed pursuant to division	14051
(C)(1) of section 109.572 of the Revised Code and a standard	14052
impression sheet prescribed pursuant to division (C)(2) of section	14053
109.572 of the Revised Code;	14054

(b) Complete the form and provide the applicant's fingerprint	14055
impressions on the standard impression sheet;	14056

(c) Forward the completed form and standard impression sheet	14057
to the superintendent at the time the criminal records check is	14058
requested;	14059

(d) Instruct the superintendent to submit the completed	14060
report of the criminal records check directly to the director;	14061

(e) Pay to the bureau of criminal identification and	14062
investigation the fee prescribed pursuant to division (C)(3) of	14063
section 109.572 of the Revised Code for each criminal records	14064
check of the applicant requested and conducted pursuant to this	14065
section.	14066

(D) The director may request any other state or federal	14067
agency to supply the director with a written report regarding the	14068
criminal record of an applicant. The director may consider the	14069
reports when determining whether to issue a supported living	14070
certificate to the applicant or to renew an applicant's supported	14071
living certificate.	14072

(E) An applicant who seeks to be an independent provider or	14073
is an independent provider seeking renewal of the applicant's	14074
supported living certificate shall obtain the applicant's driving	14075
record from the bureau of motor vehicles and provide a copy of the	14076
record to the director if the supported living that the applicant	14077
will provide involves transporting individuals with mental	14078
retardation or developmental disabilities. The director may	14079
consider the applicant's driving record when determining whether	14080
to issue the applicant a supported living certificate or to renew	14081
the applicant's supported living certificate.	14082

(F)(1) A report obtained pursuant to this section is not a	14083
public record for purposes of section 149.43 of the Revised Code	14084
and shall not be made available to any person, other than the	14085
following:	14086

(a) The applicant who is the subject of the report or the	14087
applicant's representative;	14088

(b) The director or the director's representative;

14089

(c) Any court, hearing officer, or other necessary individual	14090
involved in a case dealing with any of the following:	14091

(i) The denial of a supported living certificate or refusal	14092
to renew a supported living certificate;	14093

(ii) The denial, suspension, or revocation of a certificate	14094
under section 5123.45 of the Revised Code;	14095

(iii) A civil or criminal action regarding the medicaid	14096
program.	14097

(2) An applicant for whom the director has obtained reports	14098
under this section may submit a written request to the director to	14099
have copies of the reports sent to any person or state or local	14100
government entity. The applicant shall specify in the request the	14101
person or entities to which the copies are to be sent. On	14102
receiving the request, the director shall send copies of the	14103
reports to the persons or entities specified.	14104

(3) The director may request that a person or state or local	14105
government entity send copies to the director of any report	14106
regarding a records check or criminal records check that the	14107
person or entity possesses, if the director obtains the written	14108
consent of the individual who is the subject of the report.	14109

(4) The director shall provide each applicant with a copy of	14110
any report obtained about the applicant under this section.	14111

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	14112
the Revised Code:	14113

(1) "Independent living arrangement" means an arrangement in	14114
which a mentally retarded or developmentally disabled person	14115
resides in an individualized setting chosen by the person or the	14116
person's guardian, which is not dedicated principally to the	14117
provision of residential services for mentally retarded or	14118
developmentally disabled persons, and for which no financial	14119
support is received for rendering such service from any	14120
governmental agency by a provider of residential services.	14121

(2) "Licensee" means the person or government agency that has	14122
applied for a license to operate a residential facility and to	14123
which the license was issued under this section.	14124

(3) "Political subdivision" means a municipal corporation,	14125
county, or township.	14126

(4) "Related party" has the same meaning as in section	14127
5123.16 of the Revised Code except that "provider" as used in the	14128
definition of "related party" means a person or government entity	14129
that held or applied for a license to operate a residential	14130
facility, rather than a person or government entity certified to	14131
provide supported living.	14132

(5)(a) Except as provided in division (A)(5)(b) of this	14133
section, "residential facility" means a home or facility,	14134
including an ICF/IID, in which an individual with mental	14135
retardation or a developmental disability resides.	14136

(b) "Residential facility" does not mean any of the	14137
following:	14138

(i) The home of a relative or legal guardian in which an	14139
individual with mental retardation or a developmental disability	14140
resides;	14141

(ii) A respite care home certified under section 5126.05 of	14142
the Revised Code;	14143

(iii) A county home or district home operated pursuant to	14144
Chapter 5155. of the Revised Code;	14145

(iv) A dwelling in which the only residents with mental	14146
retardation or developmental disabilities are in independent	14147
living arrangements or are being provided supported living.	14148

(B) Every person or government agency desiring to operate a	14149
residential facility shall apply for licensure of the facility to	14150
the director of developmental disabilities unless the residential	14151
facility is subject to section 3721.02, 5103.03, 5119.33, or	14152
division (A)(9)(b) of section 5119.34 of the Revised Code.	14153

(C) Subject to section 5123.196 of the Revised Code, the	14154
director of developmental disabilities shall license the operation	14155
of residential facilities. An initial license shall be issued for	14156
a period that does not exceed one year, unless the director denies	14157
the license under division (D) of this section. A license shall be	14158
renewed for a period that does not exceed three years, unless the	14159
director refuses to renew the license under division (D) of this	14160
section. The director, when issuing or renewing a license, shall	14161
specify the period for which the license is being issued or	14162
renewed. A license remains valid for the length of the licensing	14163
period specified by the director, unless the license is	14164
terminated, revoked, or voluntarily surrendered.	14165

(D) If it is determined that an applicant or licensee is not	14166
in compliance with a provision of this chapter that applies to	14167
residential facilities or the rules adopted under such a	14168
provision, the director may deny issuance of a license, refuse to	14169
renew a license, terminate a license, revoke a license, issue an	14170
order for the suspension of admissions to a facility, issue an	14171
order for the placement of a monitor at a facility, issue an order	14172
for the immediate removal of residents, or take any other action	14173
the director considers necessary consistent with the director's	14174
authority under this chapter regarding residential facilities. In	14175
the director's selection and administration of the sanction to be	14176
imposed, all of the following apply:	14177

(1) The director may deny, refuse to renew, or revoke a	14178
license, if the director determines that the applicant or licensee	14179
has demonstrated a pattern of serious noncompliance or that a	14180
violation creates a substantial risk to the health and safety of	14181
residents of a residential facility.	14182

(2) The director may terminate a license if more than twelve	14183
consecutive months have elapsed since the residential facility was	14184
last occupied by a resident or a notice required by division (K)	14185
of this section is not given.	14186

(3) The director may issue an order for the suspension of	14187
admissions to a facility for any violation that may result in	14188
sanctions under division (D)(1) of this section and for any other	14189
violation specified in rules adopted under division (H)(2) of this	14190
section. If the suspension of admissions is imposed for a	14191
violation that may result in sanctions under division (D)(1) of	14192
this section, the director may impose the suspension before	14193
providing an opportunity for an adjudication under Chapter 119. of	14194
the Revised Code. The director shall lift an order for the	14195
suspension of admissions when the director determines that the	14196
violation that formed the basis for the order has been corrected.	14197

(4) The director may order the placement of a monitor at a	14198
residential facility for any violation specified in rules adopted	14199
under division (H)(2) of this section. The director shall lift the	14200
order when the director determines that the violation that formed	14201
the basis for the order has been corrected.	14202

(5) If the director determines that two or more residential	14203
facilities owned or operated by the same person or government	14204
entity are not being operated in compliance with a provision of	14205
this chapter that applies to residential facilities or the rules	14206
adopted under such a provision, and the director's findings are	14207
based on the same or a substantially similar action, practice,	14208
circumstance, or incident that creates a substantial risk to the	14209
health and safety of the residents, the director shall conduct a	14210
survey as soon as practicable at each residential facility owned	14211
or operated by that person or government entity. The director may	14212
take any action authorized by this section with respect to any	14213
facility found to be operating in violation of a provision of this	14214
chapter that applies to residential facilities or the rules	14215
adopted under such a provision.	14216

(6) When the director initiates license revocation	14217
proceedings, no opportunity for submitting a plan of correction	14218
shall be given. The director shall notify the licensee by letter	14219
of the initiation of the proceedings. The letter shall list the	14220
deficiencies of the residential facility and inform the licensee	14221
that no plan of correction will be accepted. The director shall	14222
also send a copy of the letter to the county board of	14223
developmental disabilities. The county board shall send a copy of	14224
the letter to each of the following:	14225

(a) Each resident who receives services from the licensee;

14226

(b) The guardian of each resident who receives services from	14227
the licensee if the resident has a guardian;	14228

(c) The parent or guardian of each resident who receives	14229
services from the licensee if the resident is a minor.	14230

(7) Pursuant to rules which shall be adopted in accordance	14231
with Chapter 119. of the Revised Code, the director may order the	14232
immediate removal of residents from a residential facility	14233
whenever conditions at the facility present an immediate danger of	14234
physical or psychological harm to the residents.	14235

(8) In determining whether a residential facility is being	14236
operated in compliance with a provision of this chapter that	14237
applies to residential facilities or the rules adopted under such	14238
a provision, or whether conditions at a residential facility	14239
present an immediate danger of physical or psychological harm to	14240
the residents, the director may rely on information obtained by a	14241
county board of developmental disabilities or other governmental	14242
agencies.	14243

(9) In proceedings initiated to deny, refuse to renew, or	14244
revoke licenses, the director may deny, refuse to renew, or revoke	14245
a license regardless of whether some or all of the deficiencies	14246
that prompted the proceedings have been corrected at the time of	14247
the hearing.	14248

(E) The director shall establish a program under which public	14249
notification may be made when the director has initiated license	14250
revocation proceedings or has issued an order for the suspension	14251
of admissions, placement of a monitor, or removal of residents.	14252
The director shall adopt rules in accordance with Chapter 119. of	14253
the Revised Code to implement this division. The rules shall	14254
establish the procedures by which the public notification will be	14255
made and specify the circumstances for which the notification must	14256
be made. The rules shall require that public notification be made	14257
if the director has taken action against the facility in the	14258
eighteen-month period immediately preceding the director's latest	14259
action against the facility and the latest action is being taken	14260
for the same or a substantially similar violation of a provision	14261
of this chapter that applies to residential facilities or the	14262
rules adopted under such a provision. The rules shall specify a	14263
method for removing or amending the public notification if the	14264
director's action is found to have been unjustified or the	14265
violation at the residential facility has been corrected.	14266

(F)(1) Except as provided in division (F)(2) of this section,	14267
appeals from proceedings initiated to impose a sanction under	14268
division (D) of this section shall be conducted in accordance with	14269
Chapter 119. of the Revised Code.	14270

(2) Appeals from proceedings initiated to order the	14271
suspension of admissions to a facility shall be conducted in	14272
accordance with Chapter 119. of the Revised Code, unless the order	14273
was issued before providing an opportunity for an adjudication, in	14274
which case all of the following apply:	14275

(a) The licensee may request a hearing not later than ten	14276
days after receiving the notice specified in section 119.07 of the	14277
Revised Code.	14278

(b) If a timely request for a hearing that includes the	14279
licensee's current address is made, the hearing shall commence not	14280
later than thirty days after the department receives the request.	14281

(c) After commencing, the hearing shall continue	14282
uninterrupted, except for Saturdays, Sundays, and legal holidays,	14283
unless other interruptions are agreed to by the licensee and the	14284
director.	14285

(d) If the hearing is conducted by a hearing examiner, the	14286
hearing examiner shall file a report and recommendations not later	14287
than ten days after the last of the following:	14288

(i) The close of the hearing;

14289

(ii) If a transcript of the proceedings is ordered, the	14290
hearing examiner receives the transcript;	14291

(iii) If post-hearing briefs are timely filed, the hearing	14292
examiner receives the briefs.	14293

(e) A copy of the written report and recommendation of the	14294
hearing examiner shall be sent, by certified mail, to the licensee	14295
and the licensee's attorney, if applicable, not later than five	14296
days after the report is filed.	14297

(f) Not later than five days after the hearing examiner files	14298
the report and recommendations, the licensee may file objections	14299
to the report and recommendations.	14300

(g) Not later than fifteen days after the hearing examiner	14301
files the report and recommendations, the director shall issue an	14302
order approving, modifying, or disapproving the report and	14303
recommendations.	14304

(h) Notwithstanding the pendency of the hearing, the director	14305
shall lift the order for the suspension of admissions when the	14306
director determines that the violation that formed the basis for	14307
the order has been corrected.	14308

(G) Neither a person or government agency whose application	14309
for a license to operate a residential facility is denied nor a	14310
related party of the person or government agency may apply for a	14311
license to operate a residential facility before the date that is	14312
one year after the date of the denial. Neither a licensee whose	14313
residential facility license is revoked nor a related party of the	14314
licensee may apply for a residential facility license before the	14315
date that is five years after the date of the revocation.	14316

(H) In accordance with Chapter 119. of the Revised Code, the	14317
director shall adopt and may amend and rescind rules for licensing	14318
and regulating the operation of residential facilities. The rules	14319
for residential facilities that are ICFs/IID may differ from those	14320
for other residential facilities. The rules shall establish and	14321
specify the following:	14322

(1) Procedures and criteria for issuing and renewing	14323
licenses, including procedures and criteria for determining the	14324
length of the licensing period that the director must specify for	14325
each license when it is issued or renewed;	14326

(2) Procedures and criteria for denying, refusing to renew,	14327
terminating, and revoking licenses and for ordering the suspension	14328
of admissions to a facility, placement of a monitor at a facility,	14329
and the immediate removal of residents from a facility;	14330

(3) Fees for issuing and renewing licenses, which shall be	14331
deposited into the program fee fund created under section 5123.033	14332
of the Revised Code;	14333

(4) Procedures for surveying residential facilities;

14334

(5) Requirements for the training of residential facility	14335
personnel;	14336

(6) Classifications for the various types of residential	14337
facilities;	14338

(7) Certification procedures for licensees and management	14339
contractors that the director determines are necessary to ensure	14340
that they have the skills and qualifications to properly operate	14341
or manage residential facilities;	14342

(8) The maximum number of persons who may be served in a	14343
particular type of residential facility;	14344

(9) Uniform procedures for admission of persons to and	14345
transfers and discharges of persons from residential facilities;	14346

(10) Other standards for the operation of residential	14347
facilities and the services provided at residential facilities;	14348

(11) Procedures for waiving any provision of any rule adopted	14349
under this section.	14350

(I)(1) Before issuing a license, the director ~~of the~~	14351
~~department or the director's designee~~ shall conduct a survey of	14352
the residential facility for which application is made. The	14353
director ~~or the director's designee~~ shall conduct a survey of each	14354
licensed residential facility at least once during the period the	14355
license is valid and may conduct additional inspections as needed.	14356
A survey includes but is not limited to an on-site examination and	14357
evaluation of the residential facility, its personnel, and the	14358
services provided there.	14359

(2) In conducting surveys, the director ~~or the director's~~	14360
~~designee~~ shall be given access to the residential facility; all	14361
records, accounts, and any other documents related to the	14362
operation of the facility; the licensee; the residents of the	14363
facility; and all persons acting on behalf of, under the control	14364
of, or in connection with the licensee. The licensee and all	14365
persons on behalf of, under the control of, or in connection with	14366
the licensee shall cooperate with the director ~~or the director's~~	14367
~~designee~~ in conducting the survey.	14368

(3) Following each survey, ~~unless the director initiates a~~	14369
~~license revocation proceeding,~~ the director ~~or the director's~~	14370
~~designee~~ shall provide the licensee with a report listing the date	14371
of the survey and any ~~deficiencies, specifying~~citations issued as	14372
a result of the survey. Except when the director initiates a	14373
proceeding to revoke a license, the director shall do all of the	14374
following:	14375

(a) Specify a date by which the licensee may appeal any of	14376
the citations;	14377

(b) Specify a timetable within which the licensee ~~shall~~must	14378
submit a plan of correction describing how the ~~deficiencies~~	14379
problems specified in the citations will be corrected~~, and, when~~;	14380

(c) When appropriate, ~~specifying~~specify a timetable within	14381
which the licensee must correct the ~~deficiencies~~problems	14382
specified in the citations. ~~After~~	14383

(4) If the director initiates a proceeding to revoke a	14384
license, the director shall include the report required by	14385
division (I)(3) of this section with the notice of the proposed	14386
revocation the director sends the licensee. In this circumstance,	14387
the licensee may not appeal the citations or submit a plan of	14388
correction.	14389

(5) After a plan of correction is submitted, the director or	14390
~~the director's designee~~ shall approve or disapprove the plan. AIf	14391
the plan of correction is approved, a copy of the ~~report and any~~	14392
approved plan ~~of correction~~ shall be provided, not later than five	14393
business days after it is approved, to any person or government	14394
entity who requests it and made available on the internet web site	14395
maintained by the department of developmental disabilities. If the	14396
plan of correction is not approved and the director initiates a	14397
proceeding to revoke the license, a copy of the survey report	14398
shall be provided to any person or government entity that requests	14399
it and made available on the internet web site maintained by the	14400
department.	14401

(6) The director shall initiate disciplinary action against	14402
any department employee who notifies or causes the notification to	14403
any unauthorized person of an unannounced survey of a residential	14404
facility by an authorized representative of the department.	14405

(J) In addition to any other information which may be	14406
required of applicants for a license pursuant to this section, the	14407
director shall require each applicant to provide a copy of an	14408
approved plan for a proposed residential facility pursuant to	14409
section 5123.042 of the Revised Code. This division does not apply	14410
to renewal of a license or to an applicant for an initial or	14411
modified license who meets the requirements of section 5123.197 of	14412
the Revised Code.	14413

(K) A licensee shall notify the owner of the building in	14414
which the licensee's residential facility is located of any	14415
significant change in the identity of the licensee or management	14416
contractor before the effective date of the change if the licensee	14417
is not the owner of the building.	14418

Pursuant to rules which shall be adopted in accordance with	14419
Chapter 119. of the Revised Code, the director may require	14420
notification to the department of any significant change in the	14421
ownership of a residential facility or in the identity of the	14422
licensee or management contractor. If the director determines that	14423
a significant change of ownership is proposed, the director shall	14424
consider the proposed change to be an application for development	14425
by a new operator pursuant to section 5123.042 of the Revised Code	14426
and shall advise the applicant within sixty days of the	14427
notification that the current license shall continue in effect or	14428
a new license will be required pursuant to this section. If the	14429
director requires a new license, the director shall permit the	14430
facility to continue to operate under the current license until	14431
the new license is issued, unless the current license is revoked,	14432
refused to be renewed, or terminated in accordance with Chapter	14433
119. of the Revised Code.	14434

(L) A county board of developmental disabilities and any	14435
interested person may file complaints alleging violations of	14436
statute or department rule relating to residential facilities with	14437
the department. All complaints shall be in writing and shall state	14438
the facts constituting the basis of the allegation. The department	14439
shall not reveal the source of any complaint unless the	14440
complainant agrees in writing to waive the right to	14441
confidentiality or until so ordered by a court of competent	14442
jurisdiction.	14443

The department shall adopt rules in accordance with Chapter	14444
119. of the Revised Code establishing procedures for the receipt,	14445
referral, investigation, and disposition of complaints filed with	14446
the department under this division.	14447

(M) The department shall establish procedures for the	14448
notification of interested parties of the transfer or interim care	14449
of residents from residential facilities that are closing or are	14450
losing their license.	14451

(N) Before issuing a license under this section to a	14452
residential facility that will accommodate at any time more than	14453
one mentally retarded or developmentally disabled individual, the	14454
director shall, by first class mail, notify the following:	14455

(1) If the facility will be located in a municipal	14456
corporation, the clerk of the legislative authority of the	14457
municipal corporation;	14458

(2) If the facility will be located in unincorporated	14459
territory, the clerk of the appropriate board of county	14460
commissioners and the fiscal officer of the appropriate board of	14461
township trustees.	14462

The director shall not issue the license for ten days after	14463
mailing the notice, excluding Saturdays, Sundays, and legal	14464
holidays, in order to give the notified local officials time in	14465
which to comment on the proposed issuance.	14466

Any legislative authority of a municipal corporation, board	14467
of county commissioners, or board of township trustees that	14468
receives notice under this division of the proposed issuance of a	14469
license for a residential facility may comment on it in writing to	14470
the director within ten days after the director mailed the notice,	14471
excluding Saturdays, Sundays, and legal holidays. If the director	14472
receives written comments from any notified officials within the	14473
specified time, the director shall make written findings	14474
concerning the comments and the director's decision on the	14475
issuance of the license. If the director does not receive written	14476
comments from any notified local officials within the specified	14477
time, the director shall continue the process for issuance of the	14478
license.	14479

(O) Any person may operate a licensed residential facility	14480
that provides room and board, personal care, habilitation	14481
services, and supervision in a family setting for at least six but	14482
not more than eight persons with mental retardation or a	14483
developmental disability as a permitted use in any residential	14484
district or zone, including any single-family residential district	14485
or zone, of any political subdivision. These residential	14486
facilities may be required to comply with area, height, yard, and	14487
architectural compatibility requirements that are uniformly	14488
imposed upon all single-family residences within the district or	14489
zone.	14490

(P) Any person may operate a licensed residential facility	14491
that provides room and board, personal care, habilitation	14492
services, and supervision in a family setting for at least nine	14493
but not more than sixteen persons with mental retardation or a	14494
developmental disability as a permitted use in any multiple-family	14495
residential district or zone of any political subdivision, except	14496
that a political subdivision that has enacted a zoning ordinance	14497
or resolution establishing planned unit development districts may	14498
exclude these residential facilities from those districts, and a	14499
political subdivision that has enacted a zoning ordinance or	14500
resolution may regulate these residential facilities in	14501
multiple-family residential districts or zones as a conditionally	14502
permitted use or special exception, in either case, under	14503
reasonable and specific standards and conditions set out in the	14504
zoning ordinance or resolution to:	14505

(1) Require the architectural design and site layout of the	14506
residential facility and the location, nature, and height of any	14507
walls, screens, and fences to be compatible with adjoining land	14508
uses and the residential character of the neighborhood;	14509

(2) Require compliance with yard, parking, and sign	14510
regulation;	14511

(3) Limit excessive concentration of these residential	14512
facilities.	14513

(Q) This section does not prohibit a political subdivision	14514
from applying to residential facilities nondiscriminatory	14515
regulations requiring compliance with health, fire, and safety	14516
regulations and building standards and regulations.	14517

(R) Divisions (O) and (P) of this section are not applicable	14518
to municipal corporations that had in effect on June 15, 1977, an	14519
ordinance specifically permitting in residential zones licensed	14520
residential facilities by means of permitted uses, conditional	14521
uses, or special exception, so long as such ordinance remains in	14522
effect without any substantive modification.	14523

(S)(1) The director may issue an interim license to operate a	14524
residential facility to an applicant for a license under this	14525
section if either of the following is the case:	14526

(a) The director determines that an emergency exists	14527
requiring immediate placement of persons in a residential	14528
facility, that insufficient licensed beds are available, and that	14529
the residential facility is likely to receive a permanent license	14530
under this section within thirty days after issuance of the	14531
interim license.	14532

(b) The director determines that the issuance of an interim	14533
license is necessary to meet a temporary need for a residential	14534
facility.	14535

(2) To be eligible to receive an interim license, an	14536
applicant must meet the same criteria that must be met to receive	14537
a permanent license under this section, except for any differing	14538
procedures and time frames that may apply to issuance of a	14539
permanent license.	14540

(3) An interim license shall be valid for thirty days and may	14541
be renewed by the director for a period not to exceed one hundred	14542
fifty days.	14543

(4) The director shall adopt rules in accordance with Chapter	14544
119. of the Revised Code as the director considers necessary to	14545
administer the issuance of interim licenses.	14546

(T) Notwithstanding rules adopted pursuant to this section	14547
establishing the maximum number of persons who may be served in a	14548
particular type of residential facility, a residential facility	14549
shall be permitted to serve the same number of persons being	14550
served by the facility on the effective date of the rules or the	14551
number of persons for which the facility is authorized pursuant to	14552
a current application for a certificate of need with a letter of	14553
support from the department of developmental disabilities and	14554
which is in the review process prior to April 4, 1986.	14555

(U) The director ~~or the director's designee~~ may enter at any	14556
time, for purposes of investigation, any home, facility, or other	14557
structure that has been reported to the director or that the	14558
director has reasonable cause to believe is being operated as a	14559
residential facility without a license issued under this section.	14560

The director may petition the court of common pleas of the	14561
county in which an unlicensed residential facility is located for	14562
an order enjoining the person or governmental agency operating the	14563
facility from continuing to operate without a license. The court	14564
may grant the injunction on a showing that the person or	14565
governmental agency named in the petition is operating a	14566
residential facility without a license. The court may grant the	14567
injunction, regardless of whether the residential facility meets	14568
the requirements for receiving a license under this section.	14569

Sec. 5123.191. (A) The court of common pleas or a judge	14570
thereof in the judge's county, or the probate court, may appoint a	14571
receiver to take possession of and operate a residential facility	14572
licensed by the department of developmental disabilities, in	14573
causes pending in such courts respectively, when conditions	14574
existing at the facility present a substantial risk of physical or	14575
mental harm to residents and no other remedies at law are adequate	14576
to protect the health, safety, and welfare of the residents.	14577
Conditions at the facility that may present such risk of harm	14578
include, but are not limited to, instances when any of the	14579
following occur:	14580

(1) The residential facility is in violation of state or	14581
federal law or regulations.	14582

(2) The facility has had its license revoked or procedures	14583
for revocation have been initiated, or the facility is closing or	14584
intends to cease operations.	14585

(3) Arrangements for relocating residents need to be made.

14586

(4) Insolvency of the operator, licensee, or landowner	14587
threatens the operation of the facility.	14588

(5) The facility or operator has demonstrated a pattern and	14589
practice of repeated violations of state or federal laws or	14590
regulations.	14591

(B) A court in which a petition is filed pursuant to this	14592
section shall notify the person holding the license for the	14593
facility and the department of developmental disabilities of the	14594
filing. The court shall order the department to notify the	14595
facility owner, facility operator, county board of developmental	14596
disabilities, facility residents, and residents' parents and	14597
guardians of the filing of the petition.	14598

The court shall provide a hearing on the petition within five	14599
court days of the time it was filed, except that the court may	14600
appoint a receiver prior to that time if it determines that the	14601
circumstances necessitate such action. Following a hearing on the	14602
petition, and upon a determination that the appointment of a	14603
receiver is warranted, the court shall appoint a receiver and	14604
notify the department of developmental disabilities and	14605
appropriate persons of this action.	14606

(C) A residential facility for which a receiver has been	14607
named is deemed to be in compliance with section 5123.19 and	14608
Chapter 3721. of the Revised Code for the duration of the	14609
receivership.	14610

(D) When the operating revenue of a residential facility in	14611
receivership is insufficient to meet its operating expenses,	14612
including the cost of bringing the facility into compliance with	14613
state or federal laws or regulations, the court may order the	14614
state to provide necessary funding, except as provided in division	14615
(K) of this section. The state shall provide such funding, subject	14616
to the approval of the controlling board. The court may also order	14617
the appropriate authorities to expedite all inspections necessary	14618
for the issuance of licenses or the certification of a facility,	14619
and order a facility to be closed if it determines that reasonable	14620
efforts cannot bring the facility into substantial compliance with	14621
the law.	14622

(E) In establishing a receivership, the court shall set forth	14623
the powers and duties of the receiver. The court may generally	14624
authorize the receiver to do all that is prudent and necessary to	14625
safely and efficiently operate the residential facility within the	14626
requirements of state and federal law, but shall require the	14627
receiver to obtain court approval prior to making any single	14628
expenditure of more than five thousand dollars to correct	14629
deficiencies in the structure or furnishings of a facility. The	14630
court shall closely review the conduct of the receiver it has	14631
appointed and shall require regular and detailed reports. The	14632
receivership shall be reviewed at least every sixty days.	14633

(F) A receivership established pursuant to this section shall	14634
be terminated, following notification of the appropriate parties	14635
and a hearing, if the court determines either of the following:	14636

(1) The residential facility has been closed and the former	14637
residents have been relocated to an appropriate facility.	14638

(2) Circumstances no longer exist at the facility that	14639
present a substantial risk of physical or mental harm to	14640
residents, and there is no deficiency in the facility that is	14641
likely to create a future risk of harm.	14642

Notwithstanding division (F)(2) of this section, the court	14643
shall not terminate a receivership for a residential facility that	14644
has previously operated under another receivership unless the	14645
responsibility for the operation of the facility is transferred to	14646
an operator approved by the court and the department of	14647
developmental disabilities.	14648

(G) The department of developmental disabilities may, upon	14649
its own initiative or at the request of an owner, operator, or	14650
resident of a residential facility, or at the request of a	14651
resident's guardian or relative or a county board of developmental	14652
disabilities, petition the court to appoint a receiver to take	14653
possession of and operate a residential facility. When the	14654
department has been requested to file a petition by any of the	14655
parties listed above, it shall, within forty-eight hours of such	14656
request, either file such a petition or notify the requesting	14657
party of its decision not to file. If the department refuses to	14658
file, the requesting party may file a petition with the court	14659
requesting the appointment of a receiver to take possession of and	14660
operate a residential facility.	14661

Petitions filed pursuant to this division shall include the	14662
following:	14663

(1) A description of the specific conditions existing at the	14664
facility which present a substantial risk of physical or mental	14665
harm to residents;	14666

(2) A statement of the absence of other adequate remedies at	14667
law;	14668

(3) The number of individuals residing at the facility;

14669

(4) A statement that the facts have been brought to the	14670
attention of the owner or licensee and that conditions have not	14671
been remedied within a reasonable period of time or that the	14672
conditions, though remedied periodically, habitually exist at the	14673
facility as a pattern or practice;	14674

(5) The name and address of the person holding the license	14675
for the facility and the address of the department of	14676
developmental disabilities.	14677

The court may award to an operator appropriate costs and	14678
expenses, including reasonable attorney's fees, if it determines	14679
that a petitioner has initiated a proceeding in bad faith or	14680
merely for the purpose of harassing or embarrassing the operator.	14681

(H) Except for the department of developmental disabilities	14682
or a county board of developmental disabilities, no party or	14683
person interested in an action shall be appointed a receiver	14684
pursuant to this section.	14685

To assist the court in identifying persons qualified to be	14686
named as receivers, the director of developmental disabilities or	14687
~~the director's designee~~ shall maintain a list of the names of such	14688
persons. The director shall, in accordance with Chapter 119. of	14689
the Revised Code, establish standards for evaluating persons	14690
desiring to be included on such a list.	14691

(I) Before a receiver enters upon the duties of that person,	14692
the receiver must be sworn to perform the duties of receiver	14693
faithfully, and, with surety approved by the court, judge, or	14694
clerk, execute a bond to such person, and in such sum as the court	14695
or judge directs, to the effect that such receiver will faithfully	14696
discharge the duties of receiver in the action, and obey the	14697
orders of the court therein.	14698

(J) Under the control of the appointing court, a receiver may	14699
bring and defend actions in the receiver's own name as receiver	14700
and take and keep possession of property.	14701

The court shall authorize the receiver to do the following:

14702

(1) Collect payment for all goods and services provided to	14703
the residents or others during the period of the receivership at	14704
the same rate as was charged by the licensee at the time the	14705
petition for receivership was filed, unless a different rate is	14706
set by the court;	14707

(2) Honor all leases, mortgages, and secured transactions	14708
governing all buildings, goods, and fixtures of which the receiver	14709
has taken possession and continues to use, subject to the	14710
following conditions:	14711

(a) In the case of a rental agreement, only to the extent of	14712
payments that are for the use of the property during the period of	14713
the receivership;	14714

(b) In the case of a purchase agreement only to the extent of	14715
payments that come due during the period of the receivership.	14716

(3) If transfer of residents is necessary, provide for the	14717
orderly transfer of residents by doing the following:	14718

(a) Cooperating with all appropriate state and local agencies	14719
in carrying out the transfer of residents to alternative community	14720
placements;	14721

(b) Providing for the transportation of residents' belongings	14722
and records;	14723

(c) Helping to locate alternative placements and develop	14724
discharge plans;	14725

(d) Preparing residents for the trauma of discharge;

14726

(e) Permitting residents or guardians to participate in	14727
transfer or discharge planning except when an emergency exists and	14728
immediate transfer is necessary.	14729

(4) Make periodic reports on the status of the residential	14730
program to the appropriate state agency, county board of	14731
developmental disabilities, parents, guardians, and residents;	14732

(5) Compromise demands or claims;

14733

(6) Generally do such acts respecting the residential	14734
facility as the court authorizes.	14735

(K) Neither the receiver nor the department of developmental	14736
disabilities is liable for debts incurred by the owner or operator	14737
of a residential facility for which a receiver has been appointed.	14738

(L) The department of developmental disabilities may contract	14739
for the operation of a residential facility in receivership. The	14740
department shall establish the conditions of a contract.	14741
Notwithstanding any other provision of law, contracts that are	14742
necessary to carry out the powers and duties of the receiver need	14743
not be competitively bid.	14744

(M) The department of developmental disabilities, the	14745
department of job and family services, and the department of	14746
health shall provide technical assistance to any receiver	14747
appointed pursuant to this section.	14748

Sec. 5123.21. The director of developmental disabilities or	14749
~~the director's designee~~ may transfer or authorize the transfer of	14750
an involuntary resident or a consenting voluntary resident from	14751
one public institution to another or to an institution other than	14752
a public institution or other facility, if the director determines	14753
that it would be consistent with the habilitation needs of the	14754
resident to do so.	14755

Before an involuntary resident may be transferred to a more	14756
restrictive setting, the managing officer of the institution shall	14757
file a motion with the court requesting the court to amend its	14758
order of placement issued under section 5123.76 of the Revised	14759
Code. At the resident's request, the court shall hold a hearing on	14760
the motion at which the resident has the same rights as at a full	14761
hearing under section 5123.76 of the Revised Code.	14762

Whenever a resident is transferred, the director shall give	14763
written notice of the transfer to the resident's legal guardian,	14764
parents, spouse, and counsel, or, if none is known, to the	14765
resident's nearest known relative or friend. If the resident is a	14766
minor, the ~~department~~director before making such a transfer shall	14767
make a minute of the order for the transfer and the reason for it	14768
upon its record and shall send a certified copy at least seven	14769
days prior to the transfer to the person shown by its record to	14770
have had the care or custody of the minor immediately prior to the	14771
minor's commitment. Whenever a consenting voluntary resident is	14772
transferred, the notification shall be given only at the	14773
resident's request. The managing officer shall advise a voluntary	14774
resident who is being transferred that the patient may decide if	14775
such a notification shall be given. In all such transfers, due	14776
consideration shall be given to the relationship of the resident	14777
to the resident's family, legal guardian, or friends, so as to	14778
maintain relationships and encourage visits beneficial to the	14779
resident.	14780

Sec. 5123.61. (A) As used in this section:

14781

(1) "Law enforcement agency" means the state highway patrol,	14782
the police department of a municipal corporation, or a county	14783
sheriff.	14784

(2) "Abuse" has the same meaning as in section 5123.50 of the	14785
Revised Code, except that it includes a misappropriation, as	14786
defined in that section.	14787

(3) "Neglect" has the same meaning as in section 5123.50 of	14788
the Revised Code.	14789

(B) The department of developmental disabilities shall	14790
establish a registry office for the purpose of maintaining reports	14791
of abuse, neglect, and other major unusual incidents made to the	14792
department under this section and reports received from county	14793
boards of developmental disabilities under section 5126.31 of the	14794
Revised Code. The department shall establish committees to review	14795
reports of abuse, neglect, and other major unusual incidents.	14796

(C)(1) Any person listed in division (C)(2) of this section,	14797
having reason to believe that a person with mental retardation or	14798
a developmental disability has suffered or faces a substantial	14799
risk of suffering any wound, injury, disability, or condition of	14800
such a nature as to reasonably indicate abuse or neglect of that	14801
person, shall immediately report or cause reports to be made of	14802
such information to the entity specified in this division. Except	14803
as provided in section 5120.173 of the Revised Code or as	14804
otherwise provided in this division, the person making the report	14805
shall make it to a law enforcement agency or to the county board	14806
of developmental disabilities. If the report concerns a resident	14807
of a facility operated by the department of developmental	14808
disabilities the report shall be made either to a law enforcement	14809
agency or to the department. If the report concerns any act or	14810
omission of an employee of a county board of developmental	14811
disabilities, the report immediately shall be made to the	14812
department and to the county board.	14813

(2) All of the following persons are required to make a	14814
report under division (C)(1) of this section:	14815

(a) Any physician, including a hospital intern or resident,	14816
any dentist, podiatrist, chiropractor, practitioner of a limited	14817
branch of medicine as specified in section 4731.15 of the Revised	14818
Code, hospital administrator or employee of a hospital, nurse	14819
licensed under Chapter 4723. of the Revised Code, employee of an	14820
ambulatory health facility as defined in section 5101.61 of the	14821
Revised Code, employee of a home health agency, employee of a	14822
residential facility licensed under section 5119.34 of the Revised	14823
Code that provides accommodations, supervision, and person care	14824
services for three to sixteen unrelated adults, or employee of a	14825
community mental health facility;	14826

(b) Any school teacher or school authority, social worker,	14827
psychologist, attorney, peace officer, coroner, or residents'	14828
rights advocate as defined in section 3721.10 of the Revised Code;	14829

(c) A superintendent, board member, or employee of a county	14830
board of developmental disabilities; an administrator, board	14831
member, or employee of a residential facility licensed under	14832
section 5123.19 of the Revised Code; an administrator, board	14833
member, or employee of any other public or private provider of	14834
services to a person with mental retardation or a developmental	14835
disability, or any MR/DD employee, as defined in section 5123.50	14836
of the Revised Code;	14837

(d) A member of a citizen's advisory council established at	14838
an institution or branch institution of the department of	14839
developmental disabilities under section 5123.092 of the Revised	14840
Code;	14841

(e) A member of the clergy who is employed in a position that	14842
includes providing specialized services to an individual with	14843
mental retardation or another developmental disability, while	14844
acting in an official or professional capacity in that position,	14845
or a person who is employed in a position that includes providing	14846
specialized services to an individual with mental retardation or	14847
another developmental disability and who, while acting in an	14848
official or professional capacity, renders spiritual treatment	14849
through prayer in accordance with the tenets of an organized	14850
religion.	14851

(3)(a) The reporting requirements of this division do not	14852
apply to employees of the Ohio protection and advocacy system.	14853

(b) An attorney or physician is not required to make a report	14854
pursuant to division (C)(1) of this section concerning any	14855
communication the attorney or physician receives from a client or	14856
patient in an attorney-client or physician-patient relationship,	14857
if, in accordance with division (A) or (B) of section 2317.02 of	14858
the Revised Code, the attorney or physician could not testify with	14859
respect to that communication in a civil or criminal proceeding,	14860
except that the client or patient is deemed to have waived any	14861
testimonial privilege under division (A) or (B) of section 2317.02	14862
of the Revised Code with respect to that communication and the	14863
attorney or physician shall make a report pursuant to division	14864
(C)(1) of this section, if both of the following apply:	14865

(i) The client or patient, at the time of the communication,	14866
is a person with mental retardation or a developmental disability.	14867

(ii) The attorney or physician knows or suspects, as a result	14868
of the communication or any observations made during that	14869
communication, that the client or patient has suffered or faces a	14870
substantial risk of suffering any wound, injury, disability, or	14871
condition of a nature that reasonably indicates abuse or neglect	14872
of the client or patient.	14873

(4) Any person who fails to make a report required under	14874
division (C) of this section and who is an MR/DD employee, as	14875
defined in section 5123.50 of the Revised Code, shall be eligible	14876
to be included in the registry regarding misappropriation, abuse,	14877
neglect, or other specified misconduct by MR/DD employees	14878
established under section 5123.52 of the Revised Code.	14879

(D) The reports required under division (C) of this section	14880
shall be made forthwith by telephone or in person and shall be	14881
followed by a written report. The reports shall contain the	14882
following:	14883

(1) The names and addresses of the person with mental	14884
retardation or a developmental disability and the person's	14885
custodian, if known;	14886

(2) The age of the person with mental retardation or a	14887
developmental disability;	14888

(3) Any other information that would assist in the	14889
investigation of the report.	14890

(E) When a physician performing services as a member of the	14891
staff of a hospital or similar institution has reason to believe	14892
that a person with mental retardation or a developmental	14893
disability has suffered injury, abuse, or physical neglect, the	14894
physician shall notify the person in charge of the institution or	14895
that person's designated delegate, who shall make the necessary	14896
reports.	14897

(F) Any person having reasonable cause to believe that a	14898
person with mental retardation or a developmental disability has	14899
suffered or faces a substantial risk of suffering abuse or neglect	14900
may report or cause a report to be made of that belief to the	14901
entity specified in this division. Except as provided in section	14902
5120.173 of the Revised Code or as otherwise provided in this	14903
division, the person making the report shall make it to a law	14904
enforcement agency or the county board of developmental	14905
disabilities. If the person is a resident of a facility operated	14906
by the department of developmental disabilities, the report shall	14907
be made to a law enforcement agency or to the department. If the	14908
report concerns any act or omission of an employee of a county	14909
board of developmental disabilities, the report immediately shall	14910
be made to the department and to the county board.	14911

(G)(1) Upon the receipt of a report concerning the possible	14912
abuse or neglect of a person with mental retardation or a	14913
developmental disability, the law enforcement agency shall inform	14914
the county board of developmental disabilities or, if the person	14915
is a resident of a facility operated by the department of	14916
developmental disabilities, the ~~director of the~~ department ~~or the~~	14917
~~director's designee~~.	14918

(2) On receipt of a report under this section that includes	14919
an allegation of action or inaction that may constitute a crime	14920
under federal law or the law of this state, the department of	14921
developmental disabilities shall notify the law enforcement	14922
agency.	14923

(3) When a county board of developmental disabilities	14924
receives a report under this section that includes an allegation	14925
of action or inaction that may constitute a crime under federal	14926
law or the law of this state, the superintendent of the board or	14927
an individual the superintendent designates under division (H) of	14928
this section shall notify the law enforcement agency. The	14929
superintendent or individual shall notify the department of	14930
developmental disabilities when it receives any report under this	14931
section.	14932

(4) When a county board of developmental disabilities	14933
receives a report under this section and believes that the degree	14934
of risk to the person is such that the report is an emergency, the	14935
superintendent of the board or an employee of the board the	14936
superintendent designates shall attempt a face-to-face contact	14937
with the person with mental retardation or a developmental	14938
disability who allegedly is the victim within one hour of the	14939
board's receipt of the report.	14940

(H) The superintendent of the board may designate an	14941
individual to be responsible for notifying the law enforcement	14942
agency and the department when the county board receives a report	14943
under this section.	14944

(I) An adult with mental retardation or a developmental	14945
disability about whom a report is made may be removed from the	14946
adult's place of residence only by law enforcement officers who	14947
consider that the adult's immediate removal is essential to	14948
protect the adult from further injury or abuse or in accordance	14949
with the order of a court made pursuant to section 5126.33 of the	14950
Revised Code.	14951

(J) A law enforcement agency shall investigate each report of	14952
abuse or neglect it receives under this section. In addition, the	14953
department, in cooperation with law enforcement officials, shall	14954
investigate each report regarding a resident of a facility	14955
operated by the department to determine the circumstances	14956
surrounding the injury, the cause of the injury, and the person	14957
responsible. The investigation shall be in accordance with the	14958
memorandum of understanding prepared under section 5126.058 of the	14959
Revised Code. The department shall determine, with the registry	14960
office which shall be maintained by the department, whether prior	14961
reports have been made concerning an adult with mental retardation	14962
or a developmental disability or other principals in the case. If	14963
the department finds that the report involves action or inaction	14964
that may constitute a crime under federal law or the law of this	14965
state, it shall submit a report of its investigation, in writing,	14966
to the law enforcement agency. If the person with mental	14967
retardation or a developmental disability is an adult, with the	14968
consent of the adult, the department shall provide such protective	14969
services as are necessary to protect the adult. The law	14970
enforcement agency shall make a written report of its findings to	14971
the department.	14972

If the person is an adult and is not a resident of a facility	14973
operated by the department, the county board of developmental	14974
disabilities shall review the report of abuse or neglect in	14975
accordance with sections 5126.30 to 5126.33 of the Revised Code	14976
and the law enforcement agency shall make the written report of	14977
its findings to the county board.	14978

(K) Any person or any hospital, institution, school, health	14979
department, or agency participating in the making of reports	14980
pursuant to this section, any person participating as a witness in	14981
an administrative or judicial proceeding resulting from the	14982
reports, or any person or governmental entity that discharges	14983
responsibilities under sections 5126.31 to 5126.33 of the Revised	14984
Code shall be immune from any civil or criminal liability that	14985
might otherwise be incurred or imposed as a result of such actions	14986
except liability for perjury, unless the person or governmental	14987
entity has acted in bad faith or with malicious purpose.	14988

(L) No employer or any person with the authority to do so	14989
shall discharge, demote, transfer, prepare a negative work	14990
performance evaluation, reduce pay or benefits, terminate work	14991
privileges, or take any other action detrimental to an employee or	14992
retaliate against an employee as a result of the employee's having	14993
made a report under this section. This division does not preclude	14994
an employer or person with authority from taking action with	14995
regard to an employee who has made a report under this section if	14996
there is another reasonable basis for the action.	14997

(M) Reports made under this section are not public records as	14998
defined in section 149.43 of the Revised Code. Information	14999
contained in the reports on request shall be made available to the	15000
person who is the subject of the report, to the person's legal	15001
counsel, and to agencies authorized to receive information in the	15002
report by the department or by a county board of developmental	15003
disabilities.	15004

(N) Notwithstanding section 4731.22 of the Revised Code, the	15005
physician-patient privilege shall not be a ground for excluding	15006
evidence regarding the injuries or physical neglect of a person	15007
with mental retardation or a developmental disability or the cause	15008
thereof in any judicial proceeding resulting from a report	15009
submitted pursuant to this section.	15010

Sec. 5123.75. A respondent who is involuntarily placed in an	15011
institution or other place as designated in section 5123.77 of the	15012
Revised Code or with respect to whom proceedings have been	15013
instituted under section 5123.71 of the Revised Code shall, on	15014
request of the respondent, the respondent's guardian, or the	15015
respondent's counsel, or upon the court's own motion, be afforded	15016
a hearing to determine whether there is probable cause to believe	15017
that the respondent is a mentally retarded person subject to	15018
institutionalization by court order.	15019

(A) The probable cause hearing shall be conducted within two	15020
court days from the day on which the request is made. Failure to	15021
conduct the probable cause hearing within this time shall effect	15022
an immediate discharge of the respondent. If the proceedings are	15023
not reinstituted within thirty days, records of the proceedings	15024
shall be expunged.	15025

(B) The respondent shall be informed that the respondent may	15026
retain counsel and have independent expert evaluation and, if the	15027
respondent is an indigent person, be represented by court	15028
appointed counsel and have independent expert evaluation at court	15029
expense.	15030

(C) The probable cause hearing shall be conducted in a manner	15031
consistent with the procedures set forth in division (A) of	15032
section 5123.76 of the Revised Code, except divisions (A)(10) and	15033
(14) of that section, and the designee of the director of	15034
developmental disabilities under section 5123.72 of the Revised	15035
Code shall present evidence for the state.	15036

(D) If the court does not find probable cause to believe that	15037
the respondent is a mentally retarded person subject to	15038
institutionalization by court order, it shall order immediate	15039
release of the respondent and dismiss and expunge all record of	15040
the proceedings under this chapter.	15041

(E) On motion of the respondent or the respondent's counsel	15042
and for good cause shown, the court may order a continuance of the	15043
hearing.	15044

(F) If the court finds probable cause to believe that the	15045
respondent is a mentally retarded person subject to	15046
institutionalization by court order, the court may issue an	15047
interim order of placement and, where proceedings under section	15048
5123.71 of the Revised Code have been instituted, shall order a	15049
full hearing as provided in section 5123.76 of the Revised Code to	15050
be held on the question of whether the respondent is a mentally	15051
retarded person subject to institutionalization by court order.	15052
Unless specifically waived by the respondent or the respondent's	15053
counsel, the court shall schedule said hearing to be held as soon	15054
as possible within ten days from the probable cause hearing. A	15055
waiver of such full hearing at this point shall not preclude the	15056
respondent from asserting the respondent's right to such hearing	15057
under section 5123.76 of the Revised Code at any time prior to the	15058
mandatory hearing provided in division (H) of section 5123.76 of	15059
the Revised Code. In any case, if the respondent has waived the	15060
right to the full hearing, a mandatory hearing shall be held under	15061
division (H) of section 5123.76 of the Revised Code between the	15062
ninetieth and the one hundredth day after the original involuntary	15063
detention of the person unless the respondent has been discharged.	15064

(G) Whenever possible, the probable cause hearing shall be	15065
held before the respondent is taken into custody.	15066

Sec. 5123.76. (A) The full hearing shall be conducted in a	15067
manner consistent with the procedures outlined in this chapter and	15068
with due process of law. The hearing shall be held by a judge of	15069
the probate division or, upon transfer by the judge of the probate	15070
division, by another judge of the court of common pleas, or a	15071
referee designated by the judge of the probate division. Any	15072
referee designated by the judge of the probate division must be an	15073
attorney.	15074

(1) The following shall be made available to counsel for the	15075
respondent:	15076

(a) All relevant documents, information, and evidence in the	15077
custody or control of the state or prosecutor;	15078

(b) All relevant documents, information, and evidence in the	15079
custody or control of the institution, facility, or program in	15080
which the respondent currently is held or in which the respondent	15081
has been held pursuant to these proceedings;	15082

(c) With the consent of the respondent, all relevant	15083
documents, information, and evidence in the custody or control of	15084
any institution or person other than the state.	15085

(2) The respondent has the right to be represented by counsel	15086
of the respondent's choice and has the right to attend the hearing	15087
except if unusual circumstances of compelling medical necessity	15088
exist that render the respondent unable to attend and the	15089
respondent has not expressed a desire to attend.	15090

(3) If the respondent is not represented by counsel and the	15091
court determines that the conditions specified in division (A)(2)	15092
of this section justify the respondent's absence and the right to	15093
counsel has not been validly waived, the court shall appoint	15094
counsel forthwith to represent the respondent at the hearing,	15095
reserving the right to tax costs of appointed counsel to the	15096
respondent unless it is shown that the respondent is indigent. If	15097
the court appoints counsel, or if the court determines that the	15098
evidence relevant to the respondent's absence does not justify the	15099
absence, the court shall continue the case.	15100

(4) The respondent shall be informed of the right to retain	15101
counsel, to have independent expert evaluation, and, if an	15102
indigent person, to be represented by court appointed counsel and	15103
have expert independent evaluation at court expense.	15104

(5) The hearing may be closed to the public unless counsel	15105
for the respondent requests that the hearing be open to the	15106
public.	15107

(6) Unless objected to by the respondent, the respondent's	15108
counsel, or the designee of the director of developmental	15109
disabilities under section 5123.72 of the Revised Code, the court,	15110
for good cause shown, may admit persons having a legitimate	15111
interest in the proceedings.	15112

(7) The affiant under section 5123.71 of the Revised Code	15113
shall be subject to subpoena by either party.	15114

(8) The court shall examine the sufficiency of all documents	15115
filed and shall inform the respondent, if present, and the	15116
respondent's counsel of the nature of the content of the documents	15117
and the reason for which the respondent is being held or for which	15118
the respondent's placement is being sought.	15119

(9) The court shall receive only relevant, competent, and	15120
material evidence.	15121

(10) ~~The~~In accordance with section 5123.72 of the Revised	15122
Code, the designee of the director shall present the evidence for	15123
the state. In proceedings under this chapter, the attorney general	15124
shall present the comprehensive evaluation, assessment, diagnosis,	15125
prognosis, record of habilitation and care, if any, and less	15126
restrictive habilitation plans, if any. The attorney general does	15127
not have a similar presentation responsibility in connection with	15128
a person who has been found not guilty by reason of insanity and	15129
who is the subject of a hearing under section 2945.40 of the	15130
Revised Code to determine whether the person is a mentally	15131
retarded person subject to institutionalization by court order.	15132

(11) The respondent has the right to testify and the	15133
respondent or the respondent's counsel has the right to subpoena	15134
witnesses and documents and to present and cross-examine	15135
witnesses.	15136

(12) The respondent shall not be compelled to testify and	15137
shall be so advised by the court.	15138

(13) On motion of the respondent or the respondent's counsel	15139
for good cause shown, or upon the court's own motion, the court	15140
may order a continuance of the hearing.	15141

(14) To an extent not inconsistent with this chapter, the	15142
Rules of Civil Procedure shall be applicable.	15143

(B) Unless, upon completion of the hearing, the court finds	15144
by clear and convincing evidence that the respondent named in the	15145
affidavit is a mentally retarded person subject to	15146
institutionalization by court order, it shall order the	15147
respondent's discharge forthwith.	15148

(C) If, upon completion of the hearing, the court finds by	15149
clear and convincing evidence that the respondent is a mentally	15150
retarded person subject to institutionalization by court order,	15151
the court may order the respondent's discharge or order the	15152
respondent, for a period not to exceed ninety days, to any of the	15153
following:	15154

(1) A public institution, provided that commitment of the	15155
respondent to the institution will not cause the institution to	15156
exceed its licensed capacity determined in accordance with section	15157
5123.19 of the Revised Code and provided that such a placement is	15158
indicated by the comprehensive evaluation report filed pursuant to	15159
section 5123.71 of the Revised Code;	15160

(2) A private institution;

15161

(3) A county mental retardation program;

15162

(4) Receive private habilitation and care;

15163

(5) Any other suitable facility, program, or the care of any	15164
person consistent with the comprehensive evaluation, assessment,	15165
diagnosis, prognosis, and habilitation needs of the respondent.	15166

(D) Any order made pursuant to division (C)(2), (4), or (5)	15167
of this section shall be conditional upon the receipt by the court	15168
of consent by the facility, program, or person to accept the	15169
respondent.	15170

(E) In determining the place to which, or the person with	15171
whom, the respondent is to be committed, the court shall consider	15172
the comprehensive evaluation, assessment, diagnosis, and projected	15173
habilitation plan for the respondent, and shall order the	15174
implementation of the least restrictive alternative available and	15175
consistent with habilitation goals.	15176

(F) If, at any time it is determined by the director of the	15177
facility or program to which, or the person to whom, the	15178
respondent is committed that the respondent could be equally well	15179
habilitated in a less restrictive environment that is available,	15180
the following shall occur:	15181

(1) The respondent shall be released by the director of the	15182
facility or program or by the person forthwith and referred to the	15183
court together with a report of the findings and recommendations	15184
of the facility, program, or person.	15185

(2) The director of the facility or program or the person	15186
shall notify the respondent's counsel and the designee of the	15187
director of developmental disabilities.	15188

(3) The court shall dismiss the case or order placement in	15189
the less restrictive environment.	15190

(G)(1) Except as provided in divisions (G)(2) and (3) of this	15191
section, any person who has been committed under this section may	15192
apply at any time during the ninety-day period for voluntary	15193
admission to an institution under section 5123.69 of the Revised	15194
Code. Upon admission of a voluntary resident, the managing officer	15195
immediately shall notify the court, the respondent's counsel, and	15196
the designee of the director in writing of that fact by mail or	15197
otherwise, and, upon receipt of the notice, the court shall	15198
dismiss the case.	15199

(2) A person who is found incompetent to stand trial or not	15200
guilty by reason of insanity and who is committed pursuant to	15201
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	15202
Code shall not be voluntarily admitted to an institution pursuant	15203
to division (G)(1) of this section until after the termination of	15204
the commitment, as described in division (J) of section 2945.401	15205
of the Revised Code.	15206

(H) If, at the end of any commitment period, the respondent	15207
has not already been discharged or has not requested voluntary	15208
admission status, the director of the facility or program, or the	15209
person to whose care the respondent has been committed, shall	15210
discharge the respondent forthwith, unless at least ten days	15211
before the expiration of that period the designee of the director	15212
of developmental disabilities or the prosecutor files an	15213
application with the court requesting continued commitment.	15214

(1) An application for continued commitment shall include a	15215
written report containing a current comprehensive evaluation and	15216
assessment, a diagnosis, a prognosis, an account of progress and	15217
past habilitation, and a description of alternative habilitation	15218
settings and plans, including a habilitation setting that is the	15219
least restrictive setting consistent with the need for	15220
habilitation. A copy of the application shall be provided to	15221
respondent's counsel. The requirements for notice under section	15222
5123.73 of the Revised Code and the provisions of divisions (A) to	15223
(E) of this section apply to all hearings on such applications.	15224

(2) A hearing on the first application for continued	15225
commitment shall be held at the expiration of the first ninety-day	15226
period. The hearing shall be mandatory and may not be waived.	15227

(3) Subsequent periods of commitment not to exceed one	15228
hundred eighty days each may be ordered by the court if the	15229
designee of the director of developmental disabilities files an	15230
application for continued commitment, after a hearing is held on	15231
the application or without a hearing if no hearing is requested	15232
and no hearing required under division (H)(4) of this section is	15233
waived. Upon the application of a person involuntarily committed	15234
under this section, supported by an affidavit of a licensed	15235
physician alleging that the person is no longer a mentally	15236
retarded person subject to institutionalization by court order,	15237
the court for good cause shown may hold a full hearing on the	15238
person's continued commitment prior to the expiration of any	15239
subsequent period of commitment set by the court.	15240

(4) A mandatory hearing shall be held at least every two	15241
years after the initial commitment.	15242

(5) If the court, after a hearing upon a request to continue	15243
commitment, finds that the respondent is a mentally retarded	15244
person subject to institutionalization by court order, the court	15245
may make an order pursuant to divisions (C), (D), and (E) of this	15246
section.	15247

(I) Notwithstanding the provisions of division (H) of this	15248
section, no person who is found to be a mentally retarded person	15249
subject to institutionalization by court order pursuant to	15250
division (O)(2) of section 5123.01 of the Revised Code shall be	15251
held under involuntary commitment for more than five years.	15252

(J) The managing officer admitting a person pursuant to a	15253
judicial proceeding, within ten working days of the admission,	15254
shall make a report of the admission to the department.	15255

Sec. 5123.89. (A) As used in this section:

15256

(1) "Family" means a parent, brother, sister, spouse, son,	15257
daughter, grandparent, aunt, uncle, or cousin.	15258

(2) "Payment" means activities undertaken by a service	15259
provider or government entity to obtain or provide reimbursement	15260
for services provided to a person.	15261

(3) "Treatment" means the provision of services to a person,	15262
including the coordination or management of services provided to	15263
the person.	15264

(B) All certificates, applications, records, and reports made	15265
for the purpose of this chapter, other than court journal entries	15266
or court docket entries, which directly or indirectly identify a	15267
resident or former resident of an institution for the mentally	15268
retarded or person whose institutionalization has been sought	15269
under this chapter shall be kept confidential and shall not be	15270
disclosed by any person except in the following situations:	15271

(1) It is the judgment of the court for judicial records, and	15272
the managing officer for institution records, that disclosure is	15273
in the best interest of the person identified, and that person or	15274
that person's guardian or, if that person is a minor, that	15275
person's parent or guardian consents.	15276

(2) Disclosure is provided for in other sections of this	15277
chapter.	15278

(3) It is the judgment of the managing officer for	15279
institution records that disclosure to a mental health facility is	15280
in the best interest of the person identified.	15281

(4) Disclosure is of a record deposited with the Ohio	15282
historical society pursuant to division (C) of section 5123.31 of	15283
the Revised Code and the disclosure is made to the closest living	15284
relative of the person identified, on the relative's request.	15285

~~(B)~~(5) Disclosure is needed for the treatment of a person who	15286
is a resident or former resident of an institution for the	15287
mentally retarded or a person whose institutionalization has been	15288
sought under this chapter or is needed for the payment of services	15289
provided to the person.	15290

(C) The department of developmental disabilities shall adopt	15291
rules with respect to the systematic and periodic destruction of	15292
residents' records.	15293

~~(C)(1) As used in this division, "family" means a parent,~~	15294
~~brother, sister, spouse, son, daughter, grandparent, aunt, uncle,~~	15295
~~or cousin.~~	15296

~~(2)~~(D) Upon the death of a resident or former resident of an	15297
institution for the mentally retarded or a person whose	15298
institutionalization was sought under this chapter, the managing	15299
officer of an institution shall provide access to the	15300
certificates, applications, records, and reports made for the	15301
purposes of this chapter to the resident's, former resident's, or	15302
person's guardian if the guardian makes a written request. If a	15303
deceased resident, former resident, or person whose	15304
institutionalization was sought under this chapter did not have a	15305
guardian at the time of death, the managing officer shall provide	15306
access to the certificates, applications, records, and reports	15307
made for purposes of this chapter to a member of the person's	15308
family, upon that family member's written request.	15309

~~(D)~~(E) No person shall reveal the contents of a record of a	15310
resident except as authorized by this chapter.	15311

Sec. 5124.01. As used in this chapter:

15312

(A) "Affiliated operator" means an operator affiliated with	15313
either of the following:	15314

(1) The exiting operator for whom the affiliated operator is	15315
to assume liability for the entire amount of the exiting	15316
operator's debt under the medicaid program or the portion of the	15317
debt that represents the franchise permit fee the exiting operator	15318
owes;	15319

(2) The entering operator involved in the change of operator	15320
with the exiting operator specified in division (A)(1) of this	15321
section.	15322

(B) "Allowable costs" means an ICF/IID's costs that the	15323
department of developmental disabilities determines are	15324
reasonable. Fines paid under section 5124.99 of the Revised Code	15325
are not allowable costs.	15326

(C) "Capital costs" means an ICF/IID's costs of ownership and	15327
costs of nonextensive renovation.	15328

(D) "Case-mix score" means the measure determined under	15329
section 5124.192 of the Revised Code of the relative direct-care	15330
resources needed to provide care and habilitation to an ICF/IID	15331
resident.	15332

(E) "Change of operator" means an entering operator becoming	15333
the operator of an ICF/IID in the place of the exiting operator.	15334

(1) Actions that constitute a change of operator include the	15335
following:	15336

(a) A change in an exiting operator's form of legal	15337
organization, including the formation of a partnership or	15338
corporation from a sole proprietorship;	15339

(b) A transfer of all the exiting operator's ownership	15340
interest in the operation of the ICF/IID to the entering operator,	15341
regardless of whether ownership of any or all of the real property	15342
or personal property associated with the ICF/IID is also	15343
transferred;	15344

(c) A lease of the ICF/IID to the entering operator or the	15345
exiting operator's termination of the exiting operator's lease;	15346

(d) If the exiting operator is a partnership, dissolution of	15347
the partnership;	15348

(e) If the exiting operator is a partnership, a change in	15349
composition of the partnership unless both of the following apply:	15350

(i) The change in composition does not cause the	15351
partnership's dissolution under state law.	15352

(ii) The partners agree that the change in composition does	15353
not constitute a change in operator.	15354

(f) If the operator is a corporation, dissolution of the	15355
corporation, a merger of the corporation into another corporation	15356
that is the survivor of the merger, or a consolidation of one or	15357
more other corporations to form a new corporation.	15358

(2) The following, alone, do not constitute a change of	15359
operator:	15360

(a) A contract for an entity to manage an ICF/IID as the	15361
operator's agent, subject to the operator's approval of daily	15362
operating and management decisions;	15363

(b) A change of ownership, lease, or termination of a lease	15364
of real property or personal property associated with an ICF/IID	15365
if an entering operator does not become the operator in place of	15366
an exiting operator;	15367

(c) If the operator is a corporation, a change of one or more	15368
members of the corporation's governing body or transfer of	15369
ownership of one or more shares of the corporation's stock, if the	15370
same corporation continues to be the operator.	15371

(F) "Cost center" means the following:

15372

(1) Capital costs;

15373

(2) Direct care costs;

15374

(3) Indirect care costs;

15375

(4) Other protected costs.

15376

(G) "Costs of nonextensive renovations" means the actual	15377
expense incurred by an ICF/IID for depreciation or amortization	15378
and interest on renovations that are not extensive renovations.	15379

(H)(1) "Costs of ownership" means the actual expenses	15380
incurred by an ICF/IID for all of the following:	15381

(a) Subject to division (H)(2) of this section, depreciation	15382
and interest on any capital assets that cost five hundred dollars	15383
or more per item, including the following:	15384

(i) Buildings;

15385

(ii) Building improvements that are not approved as	15386
nonextensive renovations under section 5124.17 of the Revised	15387
Code;	15388

(iii) Equipment;

15389

(iv) Extensive renovations;

15390

(v) Transportation equipment.

15391

(b) Amortization and interest on land improvements and	15392
leasehold improvements;	15393

15394

(d) Except as provided in division (Z) of this section, lease	15395
and rent of land, building, and equipment.	15396

(2) The costs of capital assets of less than five hundred	15397
dollars per item may be considered costs of ownership in	15398
accordance with an ICF/IID provider's practice.	15399

(I)(1) "Date of licensure" means the following:

15400

(a) In the case of an ICF/IID that was originally licensed as	15401
a nursing home under Chapter 3721. of the Revised Code, the date	15402
that it was originally so licensed, regardless that it was	15403
subsequently licensed as a residential facility under section	15404
5123.19 of the Revised Code;	15405

(b) In the case of an ICF/IID that was originally licensed as	15406
a residential facility under section 5123.19 of the Revised Code,	15407
the date it was originally so licensed;	15408

(c) In the case of an ICF/IID that was not required by law to	15409
be licensed as a nursing home or residential facility when it was	15410
originally operated as a residential facility, the date it first	15411
was operated as a residential facility, regardless of the date the	15412
ICF/IID was first licensed as a nursing home or residential	15413
facility.	15414

(2) If, after an ICF/IID's original date of licensure, more	15415
residential facility beds are added to the ICF/IID or all or part	15416
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	15417
a different date of licensure for the additional beds or	15418
extensively renovated portion of the ICF/IID. This does not apply,	15419
however, to additional beds when both of the following apply:	15420

(a) The additional beds are located in a part of the ICF/IID	15421
that was constructed at the same time as the continuing beds	15422
already located in that part of the ICF/IID;.	15423

(b) The part of the ICF/IID in which the additional beds are	15424
located was constructed as part of the ICF/IID at a time when the	15425
ICF/IID was not required by law to be licensed as a nursing home	15426
or residential facility.	15427

(3) The definition of "date of licensure" in this section	15428
applies in determinations of ICFs/IID's medicaid payment rates but	15429
does not apply in determinations of ICFs/IID's franchise permit	15430
fees under sections 5168.60 to 5168.71 of the Revised Code.	15431

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	15432
on a cost report filed under section 5124.10 or 5124.101 of the	15433
Revised Code have been subjected to a desk review under section	15434
5124.108 of the Revised Code and preliminarily determined to be	15435
allowable costs.	15436

(K) "Developmental center" means a residential facility that	15437
is maintained and operated by the department of developmental	15438
disabilities.	15439

(L) "Direct care costs" means all of the following costs	15440
incurred by an ICF/IID:	15441

(1) Costs for registered nurses, licensed practical nurses,	15442
and nurse aides employed by the ICF/IID;	15443

(2) Costs for direct care staff, administrative nursing	15444
staff, medical directors, respiratory therapists, physical	15445
therapists, physical therapy assistants, occupational therapists,	15446
occupational therapy assistants, speech therapists, audiologists,	15447
habilitation staff (including habilitation supervisors), qualified	15448
intellectual disability professionals, program directors, social	15449
services staff, activities staff, off-site day programming,	15450
psychologists, psychology assistants, social workers, counselors,	15451
and other persons holding degrees qualifying them to provide	15452
therapy;	15453

(3) Costs of purchased nursing services;

15454

(4) Costs of training and staff development, employee	15455
benefits, payroll taxes, and workers' compensation premiums or	15456
costs for self-insurance claims and related costs as specified in	15457
rules adopted under section 5124.03 of the Revised Code, for	15458
personnel listed in divisions (L)(1), (2), and (3) of this	15459
section;	15460

(5) Costs of quality assurance;

15461

(6) Costs of consulting and management fees related to direct	15462
care;	15463

(7) Allocated direct care home office costs;

15464

(8) Costs of other direct-care resources that are specified	15465
as direct care costs in rules adopted under section 5124.03 of the	15466
Revised Code.	15467

(M) "Downsized ICF/IID" means an ICF/IID that permanently	15468
reduced its medicaid-certified capacity pursuant to a plan	15469
approved by the department of developmental disabilities under	15470
section 5123.042 of the Revised Code.	15471

(N) "Effective date of a change of operator" means the day	15472
the entering operator becomes the operator of the ICF/IID.	15473

(O) "Effective date of a facility closure" means the last day	15474
that the last of the residents of the ICF/IID resides in the	15475
ICF/IID.	15476

(P) "Effective date of an involuntary termination" means the	15477
date the department of medicaid terminates the operator's provider	15478
agreement for the ICF/IID or the last day that such a provider	15479
agreement is in effect when the department cancels or refuses to	15480
revalidate it.	15481

(Q) "Effective date of a voluntary termination" means the day	15482
the ICF/IID ceases to accept medicaid recipients.	15483

(R) "Entering operator" means the person or government entity	15484
that will become the operator of an ICF/IID when a change of	15485
operator occurs or following an involuntary termination.	15486

(S) "Exiting operator" means any of the following:

15487

(1) An operator that will cease to be the operator of an	15488
ICF/IID on the effective date of a change of operator;	15489

(2) An operator that will cease to be the operator of an	15490
ICF/IID on the effective date of a facility closure;	15491

(3) An operator of an ICF/IID that is undergoing or has	15492
undergone a voluntary termination;	15493

(4) An operator of an ICF/IID that is undergoing or has	15494
undergone an involuntary termination.	15495

(T)(1) "Extensive renovation" means the following:

15496

(a) An ICF/IID's betterment, improvement, or restoration to	15497
which both of the following apply:	15498

(i) It was started before July 1, 1993;.

15499

(ii) It meets the definition of "extensive renovation"	15500
established in rules that were adopted by the director of job and	15501
family services and in effect on December 22, 1992.	15502

(b) An ICF/IID's betterment, improvement, or restoration to	15503
which all of the following apply:	15504

(i) It was started on or after July 1, 1993;.

15505

(ii) Except as provided in division (T)(2) of this section,	15506
it costs more than sixty-five per cent and not more than	15507
eighty-five per cent of the cost of constructing a new bed;.	15508

(iii) It extends the useful life of the assets for at least	15509
ten years.	15510

(2) The department of developmental disabilities may treat a	15511
renovation that costs more than eighty-five per cent of the cost	15512
of constructing new beds as an extensive renovation if the	15513
department determines that the renovation is more prudent than	15514
construction of new beds.	15515

(3) For the purpose of division (T)(1)(b)(ii) of this	15516
section, the cost of constructing a new bed shall be considered to	15517
be forty thousand dollars, adjusted for the estimated rate of	15518
inflation from January 1, 1993, to the end of the calendar year	15519
during which the extensive renovation is completed, using the	15520
consumer price index for shelter costs for all urban consumers for	15521
the north central region, as published by the United States bureau	15522
of labor statistics.	15523

(U)(1) Subject to divisions (U)(2) and (3) of this section,	15524
"facility closure" means either of the following:	15525

(a) Discontinuance of the use of the building, or part of the	15526
building, that houses the facility as an ICF/IID that results in	15527
the relocation of all of the facility's residents;	15528

(b) Conversion of the building, or part of the building, that	15529
houses an ICF/IID to a different use with any necessary license or	15530
other approval needed for that use being obtained and one or more	15531
of the facility's residents remaining in the facility to receive	15532
services under the new use.	15533

(2) A facility closure occurs regardless of any of the	15534
following:	15535

(a) The operator completely or partially replacing the	15536
ICF/IID by constructing a new ICF/IID or transferring the	15537
ICF/IID's license to another ICF/IID;	15538

(b) The ICF/IID's residents relocating to another of the	15539
operator's ICFs/IID;	15540

(c) Any action the department of health takes regarding the	15541
ICF/IID's medicaid certification that may result in the transfer	15542
of part of the ICF/IID's survey findings to another of the	15543
operator's ICFs/IID;	15544

(d) Any action the department of developmental disabilities	15545
takes regarding the ICF/IID's license under section 5123.19 of the	15546
Revised Code.	15547

(3) A facility closure does not occur if all of the ICF/IID's	15548
residents are relocated due to an emergency evacuation and one or	15549
more of the residents return to a medicaid-certified bed in the	15550
ICF/IID not later than thirty days after the evacuation occurs.	15551

(V) "Fiscal year" means the fiscal year of this state, as	15552
specified in section 9.34 of the Revised Code.	15553

(W) "Franchise permit fee" means the fee imposed by sections	15554
5168.60 to 5168.71 of the Revised Code.	15555

(X) "Home and community-based services" has the same meaning	15556
as in section 5123.01 of the Revised Code.	15557

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	15558
440.150.	15559

(Z)(1) "Indirect care costs" means all reasonable costs	15560
incurred by an ICF/IID other than capital costs, direct care	15561
costs, and other protected costs. "Indirect care costs" includes	15562
costs of habilitation supplies, pharmacy consultants, medical and	15563
habilitation records, program supplies, incontinence supplies,	15564
food, enterals, dietary supplies and personnel, laundry,	15565
housekeeping, security, administration, liability insurance,	15566
bookkeeping, purchasing department, human resources,	15567
communications, travel, dues, license fees, subscriptions, home	15568
office costs not otherwise allocated, legal services, accounting	15569
services, minor equipment, maintenance and repair expenses,	15570
help-wanted advertising, informational advertising, start-up	15571
costs, organizational expenses, other interest, property	15572
insurance, employee training and staff development, employee	15573
benefits, payroll taxes, and workers' compensation premiums or	15574
costs for self-insurance claims and related costs, as specified in	15575
rules adopted under section 5124.03 of the Revised Code, for	15576
personnel listed in this division. Notwithstanding division (H) of	15577
this section, "indirect care costs" also means the cost of	15578
equipment, including vehicles, acquired by operating lease	15579
executed before December 1, 1992, if the costs are reported as	15580
administrative and general costs on the ICF/IID's cost report for	15581
the cost reporting period ending December 31, 1992.	15582

(2) For the purpose of division (Z)(1) of this section, an	15583
operating lease shall be construed in accordance with generally	15584
accepted accounting principles.	15585

(AA) "Inpatient days" means both of the following:

15586

(1) All days during which a resident, regardless of payment	15587
source, occupies a bed in an ICF/IID that is included in the	15588
ICF/IID's medicaid-certified capacity;	15589

(2) All days for which payment is made under section 5124.34	15590
of the Revised Code.	15591

(BB) "Intermediate care facility for individuals with	15592
intellectual disabilities" and "ICF/IID" mean an intermediate care	15593
facility for the mentally retarded as defined in the "Social	15594
Security Act," section 1905(d), 42 U.S.C. 1396d(d).	15595

(CC) "Involuntary termination" means the department of	15596
medicaid's termination of, cancellation of, or refusal to	15597
revalidate the operator's provider agreement for the ICF/IID when	15598
such action is not taken at the operator's request.	15599

(DD) "Maintenance and repair expenses" means, except as	15600
provided in division (TT)(2)(b) of this section, expenditures that	15601
are necessary and proper to maintain an asset in a normally	15602
efficient working condition and that do not extend the useful life	15603
of the asset two years or more. "Maintenance and repair expenses"	15604
includes the costs of ordinary repairs such as painting and	15605
wallpapering.	15606

(EE) "Medicaid-certified capacity" means the number of an	15607
ICF/IID's beds that are certified for participation in medicaid as	15608
ICF/IID beds.	15609

(FF) "Medicaid days" means both of the following:

15610

(1) All days during which a resident who is a medicaid	15611
recipient eligible for ICF/IID services occupies a bed in an	15612
ICF/IID that is included in the ICF/IID's medicaid-certified	15613
capacity;	15614

(2) All days for which payment is made under section 5124.34	15615
of the Revised Code.	15616

(GG)(1) "New ICF/IID" means an ICF/IID for which the provider	15617
obtains an initial provider agreement following the director of	15618
health's medicaid certification of the ICF/IID, including such an	15619
ICF/IID that replaces one or more ICFs/IID for which a provider	15620
previously held a provider agreement.	15621

(2) "New ICF/IID" does not mean either of the following:

15622

(a) An ICF/IID for which the entering operator seeks a	15623
provider agreement pursuant to section 5124.511 or 5124.512 or	15624
(pursuant to section 5124.515) section 5124.07 of the Revised	15625
Code;	15626

(b) A downsized ICF/IID or partially converted ICF/IID.

15627

(HH) "Nursing home" has the same meaning as in section	15628
3721.01 of the Revised Code.	15629

(II) "Operator" means the person or government entity	15630
responsible for the daily operating and management decisions for	15631
an ICF/IID.	15632

(JJ) "Other protected costs" means costs incurred by an	15633
ICF/IID for medical supplies; real estate, franchise, and property	15634
taxes; natural gas, fuel oil, water, electricity, sewage, and	15635
refuse and hazardous medical waste collection; allocated other	15636
protected home office costs; and any additional costs defined as	15637
other protected costs in rules adopted under section 5124.03 of	15638
the Revised Code.	15639

(KK)(1) "Owner" means any person or government entity that	15640
has at least five per cent ownership or interest, either directly,	15641
indirectly, or in any combination, in any of the following	15642
regarding an ICF/IID:	15643

(a) The land on which the ICF/IID is located;

15644

(b) The structure in which the ICF/IID is located;

15645

(c) Any mortgage, contract for deed, or other obligation	15646
secured in whole or in part by the land or structure on or in	15647
which the ICF/IID is located;	15648

(d) Any lease or sublease of the land or structure on or in	15649
which the ICF/IID is located.	15650

(2) "Owner" does not mean a holder of a debenture or bond	15651
related to an ICF/IID and purchased at public issue or a regulated	15652
lender that has made a loan related to the ICF/IID unless the	15653
holder or lender operates the ICF/IID directly or through a	15654
subsidiary.	15655

(LL) "Partially converted ICF/IID" means an ICF/IID that	15656
converted some, but not all, of its beds to providing home and	15657
community-based services under the individual options waiver	15658
pursuant to section 5124.60 or 5124.61 of the Revised Code.	15659

(MM)(1) Except as provided in divisions (MM)(2) and (3) of	15660
this section, "per diem" means an ICF/IID's desk-reviewed, actual,	15661
allowable costs in a given cost center in a cost reporting period,	15662
divided by the facility's inpatient days for that cost reporting	15663
period.	15664

(2) When determining capital costs for the purpose of section	15665
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	15666
allowable capital costs in a ~~cost-reporting~~cost reporting period	15667
divided by the greater of the facility's inpatient days for that	15668
period or the number of inpatient days the ICF/IID would have had	15669
during that period if its occupancy rate had been ninety-five per	15670
cent.	15671

(3) When determining indirect care costs for the purpose of	15672
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	15673
actual, allowable indirect care costs in a ~~cost-reporting~~cost	15674
reporting period divided by the greater of the ICF/IID's inpatient	15675
days for that period or the number of inpatient days the ICF/IID	15676
would have had during that period if its occupancy rate had been	15677
eighty-five per cent.	15678

(NN) "Provider" means an operator with a valid provider	15679
agreement.	15680

(OO) "Provider agreement" means a provider agreement, as	15681
defined in section 5164.01 of the Revised Code, that is between	15682
the department of medicaid and the operator of an ICF/IID for the	15683
provision of ICF/IID services under the medicaid program.	15684

(PP) "Purchased nursing services" means services that are	15685
provided in an ICF/IID by registered nurses, licensed practical	15686
nurses, or nurse aides who are not employees of the ICF/IID.	15687

(QQ) "Reasonable" means that a cost is an actual cost that is	15688
appropriate and helpful to develop and maintain the operation of	15689
resident care facilities and activities, including normal standby	15690
costs, and that does not exceed what a prudent buyer pays for a	15691
given item or services. Reasonable costs may vary from provider to	15692
provider and from time to time for the same provider.	15693

(RR) "Related party" means an individual or organization	15694
that, to a significant extent, has common ownership with, is	15695
associated or affiliated with, has control of, or is controlled	15696
by, a provider.	15697

(1) An individual who is a relative of an owner is a related	15698
party.	15699

(2) Common ownership exists when an individual or individuals	15700
possess significant ownership or equity in both the provider and	15701
the other organization. Significant ownership or equity exists	15702
when an individual or individuals possess five per cent ownership	15703
or equity in both the provider and a supplier. Significant	15704
ownership or equity is presumed to exist when an individual or	15705
individuals possess ten per cent ownership or equity in both the	15706
provider and another organization from which the provider	15707
purchases or leases real property.	15708

(3) Control exists when an individual or organization has the	15709
power, directly or indirectly, to significantly influence or	15710
direct the actions or policies of an organization.	15711

(4) An individual or organization that supplies goods or	15712
services to a provider shall not be considered a related party if	15713
all of the following conditions are met:	15714

(a) The supplier is a separate bona fide organization.

15715

(b) A substantial part of the supplier's business activity of	15716
the type carried on with the provider is transacted with others	15717
than the provider and there is an open, competitive market for the	15718
types of goods or services the supplier furnishes.	15719

(c) The types of goods or services are commonly obtained by	15720
other ICFs/IID from outside organizations and are not a basic	15721
element of resident care ordinarily furnished directly to	15722
residents by the ICFs/IID.	15723

(d) The charge to the provider is in line with the charge for	15724
the goods or services in the open market and no more than the	15725
charge made under comparable circumstances to others by the	15726
supplier.	15727

(SS) "Relative of owner" means an individual who is related	15728
to an owner of an ICF/IID by one of the following relationships:	15729

(1) Spouse;

15730

(2) Natural parent, child, or sibling;

15731

(3) Adopted parent, child, or sibling;

15732

(4) Stepparent, stepchild, stepbrother, or stepsister;

15733

(5) Father-in-law, mother-in-law, son-in-law,	15734
daughter-in-law, brother-in-law, or sister-in-law;	15735

(6) Grandparent or grandchild;

15736

(7) Foster caregiver, foster child, foster brother, or foster	15737
sister.	15738

(TT)(1) "Renovation" means the following:

15739

(a) An ICF/IID's betterment, improvement, or restoration to	15740
which both of the following apply:	15741

(i) It was started before July 1, 1993;.

15742

(ii) It meets the definition of "renovation" established in	15743
rules that were adopted by the director of job and family services	15744
and in effect on December 22, 1992.	15745

(b) An ICF/IID's betterment, improvement, or restoration to	15746
which both of the following apply:	15747

(i) It was started on or after July 1, 1993;.

15748

(ii) It betters, improves, or restores the ICF/IID beyond its	15749
current functional capacity through a structural change that costs	15750
at least five hundred dollars per bed.	15751

(2) A renovation started on or after July 1, 1993, may	15752
include both of the following:	15753

(a) A betterment, improvement, restoration, or replacement of	15754
assets that are affixed to a building and have a useful life of at	15755
least five years;	15756

(b) Costs that otherwise would be considered maintenance and	15757
repair expenses if they are an integral part of the structural	15758
change that makes up the renovation project.	15759

(3) "Renovation" does not mean construction of additional	15760
space for beds that will be added to an ICF/IID's licensed	15761
capacity or medicaid-certified capacity.	15762

(UU) "Residential facility" has the same meaning as in	15763
section 5123.19 of the Revised Code.	15764

(VV) "Sponsor" means an adult relative, friend, or guardian	15765
of an ICF/IID resident who has an interest or responsibility in	15766
the resident's welfare.	15767

(WW) "Title XIX" means Title XIX of the "Social Security	15768
Act," 42 U.S.C. 1396, et seq.	15769

(XX) "Title XVIII" means Title XVIII of the "Social Security	15770
Act," 42 U.S.C. 1395, et seq.	15771

(YY) "Voluntary termination" means an operator's voluntary	15772
election to terminate the participation of an ICF/IID in the	15773
medicaid program but to continue to provide service of the type	15774
provided by a residential facility as defined in section 5123.19	15775
of the Revised Code.	15776

Sec. 5124.106. (A) If an ICF/IID provider required by	15777
section 5124.10 of the Revised Code to file a cost report for the	15778
ICF/IID fails to file the cost report by the date it is due or the	15779
date, if any, to which the due date is extended pursuant to	15780
division (E) of that section, or files an incomplete or inadequate	15781
report for the ICF/IID under that section, the department of	15782
developmental disabilities shall ~~provide immediate~~do both of the	15783
following:	15784

(1) Give written notice to the provider that the provider	15785
agreement for the ICF/IID will be terminated in thirty days unless	15786
the provider submits a complete and adequate cost report for the	15787
ICF/IID within thirty days~~. During the thirty-day termination~~	15788
~~period or any additional time allowed for an appeal of the~~	15789
~~proposed termination of a provider agreement, the provider shall~~	15790
~~be paid the ICF/IID's then current per medicaid day payment rate,~~	15791
~~minus the dollar amount by which ICFs/IID's per medicaid day~~	15792
~~payment rates are reduced during fiscal year 2013 in accordance~~	15793
~~with division (A)(2) of section 5111.26 of the Revised Code~~	15794
~~(renumbered as section 5165.10 of the Revised Code by H.B. 59 of~~	15795
~~the 130th general assembly) as that section existed on the day~~	15796
~~immediately preceding the effective date of this section. On the~~	15797
~~first day of each July, the department shall adjust the amount of~~	15798
~~the reduction in effect during the previous twelve months to~~	15799
~~reflect the rate of inflation during the preceding twelve months~~;	15800

(2) Reduce the per medicaid day payment rate for the	15801
provider's ICF/IID by the amount specified in division (B) of this	15802
section for the period of time specified in division (C) of this	15803
section.	15804

(B) For the purpose of division (A)(2) of this section, an	15805
ICF/IID's per medicaid day payment rate shall be reduced by the	15806
following amount:	15807

(1) In the case of a reduction made during the period	15808
beginning on the effective date of this amendment and ending on	15809
the first day of the first fiscal year beginning after the	15810
effective date of this amendment, two dollars;	15811

(2) In the case of a reduction made during the first fiscal	15812
year beginning after the effective date of this amendment and each	15813
fiscal year thereafter, the amount of the reduction in effect on	15814
the last day of the fiscal year immediately preceding the fiscal	15815
year in which the reduction is made adjusted by the rate of	15816
inflation during that immediately preceding fiscal year, as shown	15817
in the consumer price index for all items for all urban consumers	15818
for the midwest region, published by the United States bureau of	15819
labor statistics.	15820

(C) The period of time that an ICF/IID's per medicaid day	15821
payment rate is reduced under this section shall begin and end as	15822
follows:	15823

(1) The period shall begin on the following date:

15824

(a) The day immediately following the date the cost report is	15825
due or to which the due date is extended, as applicable, if the	15826
reduction is made because the provider fails to file a cost report	15827
by that date;	15828

(b) The day the department gives the provider written notice	15829
under division (A)(1) of this section of the proposed provider	15830
agreement termination, if the reduction is made because the	15831
provider files an incomplete or inadequate cost report.	15832

(2) The period shall end on the last day of the thirty-day	15833
period specified in the notice given under division (A)(1) of this	15834
section or any additional period allowed for an appeal of the	15835
proposed provider agreement termination.	15836

Sec. 5124.21. (A) For each fiscal year, the department of	15837
developmental disabilities shall determine each ICF/IID's per	15838
medicaid day payment rate for indirect care costs. Except as	15839
otherwise provided in this chapter, an ICF/IID's rate shall be	15840
determined prospectively. Subject to section 5124.28 of the	15841
Revised Code, an ICF/IID's rate shall be the lesser of the	15842
individual rate determined under division (B) of this section and	15843
the maximum rate determined for the ICF/IID's peer group under	15844
division (C) of this section.	15845

(B) An ICF/IID's individual rate is the sum of the following:

15846

(1) The ICF/IID's desk-reviewed, actual, allowable, per diem	15847
indirect care costs from the calendar year immediately preceding	15848
the fiscal year in which the rate will be paid, adjusted for the	15849
inflation rate estimated under division ~~(D)~~(E)(1) of this section;	15850

(2) ~~If the ICF/IID has more than eight beds~~Subject to	15851
division (D) of this section, an efficiency incentive ~~in the~~	15852
~~following amount:~~	15853

~~(a) For fiscal year 2014, seven and one-tenth per cent of the~~	15854
~~maximum rate established for the ICF/IID's peer group under~~	15855
~~division (C) of this section;~~	15856

~~(b) For fiscal year 2015, the following amount:~~

15857

~~(i) The amount calculated for fiscal year 2014 under division~~	15858
~~(B)(2)(a) of this section if the provider of the ICF/IID obtains~~	15859
~~the department's approval to become a downsized ICF/IID and the~~	15860
~~approval is conditioned on the downsizing being completed not~~	15861
~~later than July 1, 2018;~~	15862

~~(ii) One-half of the amount calculated for fiscal year 2014~~	15863
~~under division (B)(2)(a) of this section if division (B)(2)(b)(i)~~	15864
~~of this section does not apply to the ICF/IID~~equal to the	15865
difference between the amount of the per diem indirect care costs	15866
determined for the ICF/IID under division (B)(1) of this section	15867
for the fiscal year in which the rate will be paid and the maximum	15868
rate established for the ICF/IID's peer group under division (C)	15869
of this section for that fiscal year.	15870

~~(c) For fiscal year 2016 and each fiscal year thereafter~~	15871
~~ending in an even-numbered calendar year, the following~~	15872
~~percentages of the maximum rate established for the ICF/IID's peer~~	15873
~~group under division (C) of this section:~~	15874

~~(i) Seven and one-tenth per cent if the provider of the~~	15875
~~ICF/IID obtains the department's approval to become a downsized~~	15876
~~ICF/IID and the approval is conditioned on the downsizing being~~	15877
~~completed not later than July 1, 2018;~~	15878

~~(ii) Three and fifty-five hundredths per cent if division~~	15879
~~(B)(2)(c)(i) of this section does not apply to the ICF/IID.~~	15880

~~(d) For fiscal year 2017 and each fiscal year thereafter~~	15881
~~ending in an odd-numbered calendar year, the amount calculated for~~	15882
~~the immediately preceding fiscal year under division (B)(2)(c) of~~	15883
~~this section.~~	15884

~~(3) If the ICF/IID has eight or fewer beds, an efficiency~~	15885
~~incentive in the following amount:~~	15886

~~(a) For each fiscal year ending in an even-numbered calendar~~	15887
~~year, seven per cent of the maximum rate established for the~~	15888
~~ICF/IID's peer group under division (C) of this section;~~	15889

~~(b) For each fiscal year ending in an odd-numbered calendar~~	15890
~~year, the amount calculated for the immediately preceding fiscal~~	15891
~~year under division (B)(3)(a) of this section.~~	15892

(C)(1) The maximum rate for indirect care costs for each peer	15893
group of ICFs/IID with more than eight beds shall be determined as	15894
follows:	15895

(a) For each fiscal year ending in an even-numbered calendar	15896
year, the maximum rate for each such peer group shall be the rate	15897
that is no less than twelve and four-tenths per cent above the	15898
median desk-reviewed, actual, allowable, per diem indirect care	15899
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the	15900
peer group whose indirect care costs for that period are more than	15901
three standard deviations from the mean desk-reviewed, actual,	15902
allowable, per diem indirect care cost for all ICFs/IID with more	15903
than eight beds) for the calendar year immediately preceding the	15904
fiscal year in which the rate will be paid, adjusted by the	15905
inflation rate estimated under division ~~(D)~~(E)(1) of this section.	15906

(b) For each fiscal year ending in an odd-numbered calendar	15907
year, the maximum rate for each such peer group is the peer	15908
group's maximum rate for the previous fiscal year, adjusted for	15909
the inflation rate estimated under division ~~(D)~~(E)(2) of this	15910
section.	15911

(2) The maximum rate for indirect care costs for each peer	15912
group of ICFs/IID with eight or fewer beds shall be determined as	15913
follows:	15914

(a) For each fiscal year ending in an even-numbered calendar	15915
year, the maximum rate for each such peer group shall be the rate	15916
that is no less than ten and three-tenths per cent above the	15917
median desk-reviewed, actual, allowable, per diem indirect care	15918
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the	15919
peer group whose indirect care costs are more than three standard	15920
deviations from the mean desk-reviewed, actual, allowable, per	15921
diem indirect care cost for all ICFs/IID with eight or fewer beds)	15922
for the calendar year immediately preceding the fiscal year in	15923
which the rate will be paid, adjusted by the inflation rate	15924
estimated under division ~~(D)~~(E)(1) of this section.	15925

(b) For each fiscal year ending in an odd-numbered calendar	15926
year, the maximum rate for each such peer group is the peer	15927
group's maximum rate for the previous fiscal year, adjusted for	15928
the inflation rate estimated under division ~~(D)~~(E)(2) of this	15929
section.	15930

(3) The department shall not redetermine a maximum rate for	15931
indirect care costs under division (C)(1) or (2) of this section	15932
based on additional information that it receives after the maximum	15933
rate is set. The department shall redetermine the maximum rate for	15934
indirect care costs only if it made an error in computing the	15935
maximum rate based on the information available to the department	15936
at the time of the original calculation.	15937

(D)(1) The efficiency incentive for an ICF/IID with more than	15938
eight beds shall not exceed the following:	15939

(a) For fiscal year 2014, seven and one-tenth per cent of the	15940
maximum rate established for the ICF/IID's peer group under	15941
division (C) of this section;	15942

(b) For fiscal year 2015, the following amount:

15943

(i) The amount calculated for fiscal year 2014 under division	15944
(D)(1)(a) of this section if the provider of the ICF/IID obtains	15945
the department's approval to become a downsized ICF/IID and the	15946
approval is conditioned on the downsizing being completed not	15947
later than July 1, 2018;	15948

(ii) One-half of the amount calculated for fiscal year 2014	15949
under division (D)(1)(a) of this section if division (D)(1)(b)(i)	15950
of this section does not apply to the ICF/IID.	15951

(c) For fiscal year 2016 and each fiscal year thereafter	15952
ending in an even-numbered calendar year, the following	15953
percentages of the maximum rate established for the ICF/IID's peer	15954
group under division (C) of this section:	15955

(i) Seven and one-tenth per cent if the provider of the	15956
ICF/IID obtains the department's approval to become a downsized	15957
ICF/IID and the approval is conditioned on the downsizing being	15958
completed not later than July 1, 2018;	15959

(ii) Three and fifty-five hundredths per cent if division	15960
(D)(1)(c)(i) of this section does not apply to the ICF/IID.	15961

(d) For fiscal year 2017 and each fiscal year thereafter	15962
ending in an odd-numbered calendar year, the amount calculated for	15963
the immediately preceding fiscal year under division (D)(1)(c) of	15964
this section.	15965

(2) The efficiency incentive for an ICF/IID with eight or	15966
fewer beds shall not exceed the following:	15967

(a) For each fiscal year ending in an even-numbered calendar	15968
year, seven per cent of the maximum rate established for the	15969
ICF/IID's peer group under division (C) of this section;	15970

(b) For each fiscal year ending in an odd-numbered calendar	15971
year, the amount calculated for the immediately preceding fiscal	15972
year under division (D)(2)(a) of this section.	15973

(E)(1) When adjusting rates for inflation under divisions	15974
(B)(1), (C)(1)(a), and (C)(2)(a) of this section, the department	15975
shall estimate the rate of inflation for the eighteen-month period	15976
beginning on the first day of July of the calendar year	15977
immediately preceding the fiscal year in which the rate will be	15978
paid and ending on the thirty-first day of December of the fiscal	15979
year in which the rate will be paid. To estimate the rate of	15980
inflation, the department shall use the following:	15981

(a) Subject to division ~~(D)~~(E)(1)(b) of this section, the	15982
consumer price index for all items for all urban consumers for the	15983
midwest region, published by the United States bureau of labor	15984
statistics;	15985

(b) If the United States bureau of labor statistics ceases to	15986
publish the index specified in division ~~(D)~~(E)(1)(a) of this	15987
section, a comparable index that the bureau publishes and the	15988
department determines is appropriate.	15989

(2) When adjusting rates for inflation under divisions	15990
(C)(1)(b) and (C)(2)(b) of this section, the department shall	15991
estimate the rate of inflation for the twelve-month period	15992
beginning on the first day of January of the fiscal year	15993
immediately preceding the fiscal year in which the rate will be	15994
paid and ending on the thirty-first day of December of the fiscal	15995
year in which the rate will be paid. To estimate the rate of	15996
inflation, the department shall use the following:	15997

(a) Subject to division ~~(D)~~(E)(2)(b) of this section, the	15998
consumer price index for all items for all urban consumers for the	15999
midwest region, published by the United States bureau of labor	16000
statistics;	16001

(b) If the United States bureau of labor statistics ceases to	16002
publish the index specified in division ~~(D)~~(E)(2)(a) of this	16003
section, a comparable index that the bureau publishes and the	16004
department determines is appropriate.	16005

(3) If an inflation rate estimated under division ~~(D)~~(E)(1)	16006
or (2) of this section is different from the actual inflation rate	16007
for the relevant time period, as measured using the same index,	16008
the difference shall be added to or subtracted from the inflation	16009
rate estimated pursuant to this division for the following fiscal	16010
year.	16011

~~(E)~~(F) The director of developmental disabilities shall adopt	16012
rules under section 5124.03 of the Revised Code that specify peer	16013
groups of ICFs/IID with more than eight beds and peer groups of	16014
ICFs/IID with eight or fewer beds, based on findings of	16015
significant per diem indirect care cost differences due to	16016
geography and bed-size. The rules also may specify peer groups	16017
based on findings of significant per diem indirect care cost	16018
differences due to other factors, including case-mix.	16019

Sec. 5124.60. (A) For the purpose of increasing the number	16020
of slots available for home and community-based services ~~and~~	16021
~~subject to sections 5124.63 and 5124.64 of the Revised Code~~, the	16022
operator of an ICF/IID may convert some or all of the beds in the	16023
ICF/IID from providing ICF/IID services to providing home and	16024
community-based services if all of the following requirements are	16025
met:	16026

(1) The operator provides the directors of health and	16027
developmental disabilities at least ninety days' notice of the	16028
operator's intent to make the conversion.	16029

(2) The operator complies with the requirements of sections	16030
5124.50 to 5124.53 of the Revised Code regarding a voluntary	16031
termination if those requirements are applicable.	16032

(3) If the operator intends to convert all of the ICF/IID's	16033
beds, the operator notifies each of the ICF/IID's residents that	16034
the ICF/IID is to cease providing ICF/IID services and inform each	16035
resident that the resident may do either of the following:	16036

(a) Continue to receive ICF/IID services by transferring to	16037
another ICF/IID that is willing and able to accept the resident if	16038
the resident continues to qualify for ICF/IID services;	16039

(b) Begin to receive home and community-based services	16040
instead of ICF/IID services from any provider of home and	16041
community-based services that is willing and able to provide the	16042
services to the resident if the resident is eligible for the	16043
services and a slot for the services is available to the resident.	16044

(4) If the operator intends to convert some but not all of	16045
the ICF/IID's beds, the operator notifies each of the ICF/IID's	16046
residents that the ICF/IID is to convert some of its beds from	16047
providing ICF/IID services to providing home and community-based	16048
services and inform each resident that the resident may do either	16049
of the following:	16050

(a) Continue to receive ICF/IID services from any ICF/IID	16051
that is willing and able to provide the services to the resident	16052
if the resident continues to qualify for ICF/IID services;	16053

(b) Begin to receive home and community-based services	16054
instead of ICF/IID services from any provider of home and	16055
community-based services that is willing and able to provide the	16056
services to the resident if the resident is eligible for the	16057
services and a slot for the services is available to the resident.	16058

(5) The operator meets the requirements for providing home	16059
and community-based services, including the following:	16060

(a) Such requirements applicable to a residential facility if	16061
the operator maintains the facility's license as a residential	16062
facility;	16063

(b) Such requirements applicable to a facility that is not	16064
licensed as a residential facility if the operator surrenders the	16065
facility's license as a residential facility under section 5123.19	16066
of the Revised Code.	16067

(6) The director of developmental disabilities approves the	16068
conversion.	16069

(B) A decision by the director of developmental disabilities	16070
to approve or refuse to approve a proposed conversion of beds is	16071
final. In making a decision, the director shall consider all of	16072
the following:	16073

(1) The fiscal impact on the ICF/IID if some but not all of	16074
the beds are converted;	16075

(2) The fiscal impact on the medicaid program;

16076

(3) The availability of home and community-based services.

16077

(C) The notice provided to the directors under division	16078
(A)(1) of this section shall specify whether some or all of the	16079
ICF/IID's beds are to be converted. If some but not all of the	16080
beds are to be converted, the notice shall specify how many of the	16081
ICF/IID's beds are to be converted and how many of the beds are to	16082
continue to provide ICF/IID services. The notice to the director	16083
of developmental disabilities shall specify whether the operator	16084
wishes to surrender the ICF/IID's license as a residential	16085
facility under section 5123.19 of the Revised Code.	16086

(D)(1) If the director of developmental disabilities approves	16087
a conversion under division (B) of this section, the director of	16088
health shall do the following:	16089

(a) Terminate the ICF/IID's medicaid certification if the	16090
notice specifies that all of the ICF/IID's beds are to be	16091
converted;	16092

(b) Reduce the ICF/IID's medicaid-certified capacity by the	16093
number of beds being converted if the notice specifies that some	16094
but not all of the beds are to be converted.	16095

(2) The director of health shall notify the medicaid director	16096
of the termination or reduction. On receipt of the notice, the	16097
medicaid director shall do the following:	16098

(a) Terminate the operator's medicaid provider agreement that	16099
authorizes the operator to provide ICF/IID services at the ICF/IID	16100
if the ICF/IID's certification was terminated;	16101

(b) Amend the operator's medicaid provider agreement to	16102
reflect the ICF/IID's reduced medicaid-certified capacity if the	16103
ICF/IID's medicaid-certified capacity is reduced.	16104

(3) In the case of action taken under division (D)(2)(a) of	16105
this section, the operator is not entitled to notice or a hearing	16106
under Chapter 119. of the Revised Code before the medicaid	16107
director terminates the medicaid provider agreement.	16108

Sec. 5124.61. (A) For the purpose of increasing the number of	16109
slots available for home and community-based services ~~and subject~~	16110
~~to sections 5124.63 and 5124.64 of the Revised Code~~, a person who	16111
acquires, through a request for proposals issued by the director	16112
of developmental disabilities, an ICF/IID for which a residential	16113
facility license was previously surrendered or revoked may convert	16114
some or all of the ICF/IID's beds from providing ICF/IID services	16115
to providing home and community-based services if all of the	16116
following requirements are met:	16117

(1) The person provides the directors of health and	16118
developmental disabilities and medicaid director at least ninety	16119
days' notice of the person's intent to make the conversion.	16120

(2) The person complies with the requirements of sections	16121
5124.50 to 5124.53 of the Revised Code regarding a voluntary	16122
termination if those requirements are applicable.	16123

(3) If the person intends to convert all of the ICF/IID's	16124
beds, the person notifies each of the ICF/IID's residents that the	16125
ICF/IID is to cease providing ICF/IID services and informs each	16126
resident that the resident may do either of the following:	16127

(a) Continue to receive ICF/IID services by transferring to	16128
another ICF/IID willing and able to accept the resident if the	16129
resident continues to qualify for ICF/IID services;	16130

(b) Begin to receive home and community-based services	16131
instead of ICF/IID services from any provider of home and	16132
community-based services that is willing and able to provide the	16133
services to the resident if the resident is eligible for the	16134
services and a slot for the services is available to the resident.	16135

(4) If the person intends to convert some but not all of the	16136
ICF/IID's beds, the person notifies each of the ICF/IID's	16137
residents that the ICF/IID is to convert some of its beds from	16138
providing ICF/IID services to providing home and community-based	16139
services and inform each resident that the resident may do either	16140
of the following:	16141

(a) Continue to receive ICF/IID services from any that is	16142
willing and able to provide the services to the resident if the	16143
resident continues to qualify for ICF/IID services;	16144

(b) Begin to receive home and community-based services	16145
instead of ICF/IID services from any provider of home and	16146
community-based services that is willing and able to provide the	16147
services to the resident if the resident is eligible for the	16148
services and a slot for the services is available to the resident.	16149

(5) The person meets the requirements for providing home and	16150
community-based services at a residential facility.	16151

(B) The notice provided to the directors under division	16152
(A)(1) of this section shall specify whether some or all of the	16153
ICF/IID's beds are to be converted. If some but not all of the	16154
beds are to be converted, the notice shall specify how many of the	16155
ICF/IID's beds are to be converted and how many of the beds are to	16156
continue to provide ICF/IID services.	16157

(C) On receipt of a notice under division (A)(1) of this	16158
section, the director of health shall do the following:	16159

(1) Terminate the ICF/IID's medicaid certification if the	16160
notice specifies that all of the facility's beds are to be	16161
converted;	16162

(2) Reduce the ICF/IID's medicaid-certified capacity by the	16163
number of beds being converted if the notice specifies that some	16164
but not all of the beds are to be converted.	16165

(D) The director of health shall notify the medicaid director	16166
of the termination or reduction under division (C) of this	16167
section. On receipt of the director of health's notice, the	16168
medicaid director shall do the following:	16169

(1) Terminate the person's medicaid provider agreement that	16170
authorizes the person to provide ICF/IID services at the ICF/IID	16171
if the ICF/IID's medicaid certification was terminated;	16172

(2) Amend the person's medicaid provider agreement to reflect	16173
the ICF/IID's reduced medicaid-certified capacity if the ICF/IID's	16174
medicaid-certified capacity is reduced.	16175

The person is not entitled to notice or a hearing under	16176
Chapter 119. of the Revised Code before the medicaid director	16177
terminates or amends the medicaid provider agreement.	16178

Sec. 5124.62. ~~Subject to section 5124.63 of the Revised~~	16179
~~Code, the~~The director of developmental disabilities may request	16180
that the medicaid director seek the approval of the United States	16181
secretary of health and human services to increase the number of	16182
slots available for home and community-based services by a number	16183
not exceeding the number of beds that were part of the licensed	16184
capacity of a residential facility that had its license revoked or	16185
surrendered under section 5123.19 of the Revised Code if the	16186
residential facility was an ICF/IID at the time of the license	16187
revocation or surrender. ~~The revocation or surrender may have~~	16188
~~occurred before, or may occur on or after, June 24, 2008.~~ The	16189
request may include beds the director of developmental	16190
disabilities removed from such a residential facility's licensed	16191
capacity before transferring ownership or operation of the	16192
residential facility pursuant to a request for proposals.	16193

Sec. 5124.67. (A)(1) The department of developmental	16194
disabilities shall strive to achieve, not later than July 1, 2018,	16195
the following statewide reductions in ICF/IID beds:	16196

~~(1)~~(a) At least five hundred ~~and not more than six hundred~~	16197
beds in ICFs/IID that, before becoming downsized ICFs/IID, have	16198
sixteen or more beds;	16199

~~(2)~~(b) At least five hundred ~~and not more than six hundred~~	16200
beds in ICFs/IID with any number of beds that convert some or all	16201
of their beds from providing ICF/IID services to providing home	16202
and community-based services pursuant to section 5124.60 or	16203
5124.61 of the Revised Code.	16204

(2) The department shall strive to achieve a reduction of at	16205
least one thousand two hundred ICF/IID beds through a combination	16206
of the methods specified in divisions (A)(1)(a) and (b) of this	16207
section.	16208

(B) In its efforts to achieve the reductions under division	16209
(A) of this section, the department shall collaborate with the	16210
Ohio association of county boards serving people with	16211
developmental disabilities, the Ohio provider resource	16212
association, the Ohio centers for intellectual disabilities formed	16213
by the Ohio health care association, and the values and faith	16214
alliance. The collaboration efforts may include the following:	16215

(1) Identifying ICFs/IID that may reduce the number of their	16216
beds to help achieve the reductions under division (A) of this	16217
section;	16218

(2) Encouraging ICF/IID providers to reduce the number of	16219
their ICFs/IID's beds;	16220

(3) Establishing interim time frames for making progress in	16221
achieving the reductions;	16222

(4) Creating incentives for, and removing impediments to, the	16223
reductions;	16224

(5) In the case of ICF/IID beds that are converted to	16225
providing home and community-based services, developing a	16226
mechanism to compensate providers for beds that permanently cease	16227
to provide ICF/IID services.	16228

(C) The department shall meet not less than twice each year	16229
with the organizations specified in division (B) of this section	16230
to do all of the following:	16231

(1) Review the progress being made in achieving the	16232
reductions under division (A) of this section;	16233

(2) Prepare written reports on the progress;

16234

(3) Identify additional measures needed to achieve the	16235
reductions.	16236

Sec. 5126.01. As used in this chapter:

16237

(A) As used in this division, "adult" means an individual who	16238
is eighteen years of age or over and not enrolled in a program or	16239
service under Chapter 3323. of the Revised Code and an individual	16240
sixteen or seventeen years of age who is eligible for adult	16241
services under rules adopted by the director of developmental	16242
disabilities pursuant to Chapter 119. of the Revised Code.	16243

(1) "Adult services" means services provided to an adult	16244
outside the home, except when they are provided within the home	16245
according to an individual's assessed needs and identified in an	16246
individual service plan, that support learning and assistance in	16247
the area of self-care, sensory and motor development,	16248
socialization, daily living skills, communication, community	16249
living, social skills, or vocational skills.	16250

(2) "Adult services" includes all of the following:

16251

(a) Adult day habilitation services;

16252

(b) ~~Adult day care;~~

16253

~~(c) Prevocational~~Employment services;

16254

~~(d) Sheltered employment;~~

16255

~~(e)~~(c) Educational experiences and training obtained through	16256
entities and activities that are not expressly intended for	16257
individuals with mental retardation and developmental	16258
disabilities, including trade schools, vocational or technical	16259
schools, adult education, job exploration and sampling, unpaid	16260
work experience in the community, volunteer activities, and	16261
spectator sports;	16262

~~(f) Community employment services and supported employment~~	16263
~~services~~.	16264

(B)(1) "Adult day habilitation services" means adult services	16265
that do the following:	16266

(a) Provide access to and participation in typical activities	16267
and functions of community life that are desired and chosen by the	16268
general population, including such activities and functions as	16269
opportunities to experience and participate in community	16270
exploration, companionship with friends and peers, leisure	16271
activities, hobbies, maintaining family contacts, community	16272
events, and activities where individuals without disabilities are	16273
involved;	16274

(b) Provide supports or a combination of training and	16275
supports that afford an individual a wide variety of opportunities	16276
to facilitate and build relationships and social supports in the	16277
community.	16278

(2) "Adult day habilitation services" includes all of the	16279
following:	16280

(a) Personal care services needed to ensure an individual's	16281
ability to experience and participate in vocational services,	16282
educational services, community activities, and any other adult	16283
day habilitation services;	16284

(b) Skilled services provided while receiving adult day	16285
habilitation services, including such skilled services as behavior	16286
management intervention, occupational therapy, speech and language	16287
therapy, physical therapy, and nursing services;	16288

(c) ~~Training and education in self-determination designed to~~	16289
~~help the individual do one or more of the following: develop~~	16290
~~self-advocacy skills, exercise the individual's civil rights,~~	16291
~~acquire skills that enable the individual to exercise control and~~	16292
~~responsibility over the services received, and acquire skills that~~	16293
~~enable the individual to become more independent, integrated, or~~	16294
~~productive in the community;~~	16295

~~(d)~~ Recreational and leisure activities identified in the	16296
individual's service plan as therapeutic in nature or assistive in	16297
developing or maintaining social supports;	16298

~~(e)~~(d) Counseling and assistance provided to obtain housing,	16299
including such counseling as identifying options for either rental	16300
or purchase, identifying financial resources, assessing needs for	16301
environmental modifications, locating housing, and planning for	16302
ongoing management and maintenance of the housing selected;	16303

~~(f)~~(e) Transportation necessary to access adult day	16304
habilitation services;	16305

~~(g)~~(f) Habilitation management, as described in section	16306
5126.14 of the Revised Code.	16307

(3) "Adult day habilitation services" does not include	16308
activities that are components of the provision of residential	16309
services, family support services, or supported living services.	16310

16311

(1) In the case of a member of a county board of	16312
developmental disabilities appointed by, or to be appointed by, a	16313
board of county commissioners, the board of county commissioners;	16314

(2) In the case of a member of a county board appointed by,	16315
or to be appointed by, a senior probate judge, the senior probate	16316
judge.	16317

(D) "Community employment," "competitive employment," and	16318
"integrated setting" have the same meanings as in section 5123.022	16319
of the Revised Code.	16320

(E) "Supported employment services" means vocational	16321
assessment, job training and coaching, job development and	16322
placement, worksite accessibility, and other services related to	16323
employment outside a sheltered workshop. "Supported employment	16324
services" includes both of the following:	16325

(1) Job training resulting in the attainment of community	16326
employment, supported work in a typical work environment, or	16327
self-employment;	16328

(2) Support for ongoing community employment, supported work	16329
at community-based sites, or self-employment.	16330

(F) As used in this division, ~~"substantial functional~~	16331
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	16332
has the ~~meanings~~meaning established pursuant to section 5123.011	16333
of the Revised Code.	16334

"Developmental disability" means a severe, chronic disability	16335
that is characterized by all of the following:	16336

(1) It is attributable to a mental or physical impairment or	16337
a combination of mental and physical impairments, other than a	16338
mental or physical impairment solely caused by mental illness as	16339
defined in division (A) of section 5122.01 of the Revised Code;	16340

(2) It is manifested before age twenty-two;

16341

(3) It is likely to continue indefinitely;

16342

(4) It results in one of the following:

16343

(a) In the case of a person under age three, at least one	16344
developmental delay or ~~an established risk~~a diagnosed physical or	16345
mental condition that has a high probability of resulting in a	16346
developmental delay;	16347

(b) In the case of a person at least age three but under age	16348
six, at least two developmental delays ~~or an established risk~~;	16349

(c) In the case of a person age six or older, a substantial	16350
functional limitation in at least three of the following areas of	16351
major life activity, as appropriate for the person's age:	16352
self-care, receptive and expressive language, learning, mobility,	16353
self-direction, capacity for independent living, and, if the	16354
person is at least age sixteen, capacity for economic	16355
self-sufficiency.	16356

(5) It causes the person to need a combination and sequence	16357
of special, interdisciplinary, or other type of care, treatment,	16358
or provision of services for an extended period of time that is	16359
individually planned and coordinated for the person.	16360

(G) "Early childhood services" means a planned program of	16361
habilitation designed to meet the needs of individuals with mental	16362
retardation or other developmental disabilities who have not	16363
attained compulsory school age.	16364

(H) "Employment services" means prevocational services or	16365
supported employment services.	16366

(I)(1) "Environmental modifications" means the physical	16367
adaptations to an individual's home, specified in the individual's	16368
service plan, that are necessary to ensure the individual's	16369
health, safety, and welfare or that enable the individual to	16370
function with greater independence in the home, and without which	16371
the individual would require institutionalization.	16372

(2) "Environmental modifications" includes such adaptations	16373
as installation of ramps and grab-bars, widening of doorways,	16374
modification of bathroom facilities, and installation of	16375
specialized electric and plumbing systems necessary to accommodate	16376
the individual's medical equipment and supplies.	16377

(3) "Environmental modifications" does not include physical	16378
adaptations or improvements to the home that are of general	16379
utility or not of direct medical or remedial benefit to the	16380
individual, including such adaptations or improvements as	16381
carpeting, roof repair, and central air conditioning.	16382

(J) "Family support services" means the services provided	16383
under a family support services program operated under section	16384
5126.11 of the Revised Code.	16385

(K) "Habilitation" means the process by which the staff of	16386
the facility or agency assists an individual with mental	16387
retardation or other developmental disability in acquiring and	16388
maintaining those life skills that enable the individual to cope	16389
more effectively with the demands of the individual's own person	16390
and environment, and in raising the level of the individual's	16391
personal, physical, mental, social, and vocational efficiency.	16392
Habilitation includes, but is not limited to, programs of formal,	16393
structured education and training.	16394

(L) "Home and community-based services" has the same meaning	16395
as in section 5123.01 of the Revised Code.	16396

(M) "ICF/IID" has the same meaning as in section 5124.01 of	16397
the Revised Code.	16398

(N) "Immediate family" means parents, grandparents, brothers,	16399
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	16400
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	16401
daughters-in-law.	16402

(O) "Medicaid case management services" means case management	16403
services provided to an individual with mental retardation or	16404
other developmental disability that the state medicaid plan	16405
requires.	16406

(P) "Mental retardation" means a mental impairment manifested	16407
during the developmental period characterized by significantly	16408
subaverage general intellectual functioning existing concurrently	16409
with deficiencies in the effectiveness or degree with which an	16410
individual meets the standards of personal independence and social	16411
responsibility expected of the individual's age and cultural	16412
group.	16413

(Q) "Prevocational services" means services~~, including~~	16414
~~services as a volunteer,~~ that provide learning and work	16415
experiences, including volunteer work experiences, from which an	16416
individual can develop general strengths and skills that are not	16417
specific to a particular task or job but contribute to	16418
employability in community employment, supported work at	16419
community-based sites, or self-employment.	16420

(R) "Residential services" means services to individuals with	16421
mental retardation or other developmental disabilities to provide	16422
housing, food, clothing, habilitation, staff support, and related	16423
support services necessary for the health, safety, and welfare of	16424
the individuals and the advancement of their quality of life.	16425
"Residential services" includes program management, as described	16426
in section 5126.14 of the Revised Code.	16427

(S) "Resources" means available capital and other assets,	16428
including moneys received from the federal, state, and local	16429
governments, private grants, and donations; appropriately	16430
qualified personnel; and appropriate capital facilities and	16431
equipment.	16432

(T) "Senior probate judge" means the current probate judge of	16433
a county who has served as probate judge of that county longer	16434
than any of the other current probate judges of that county. If a	16435
county has only one probate judge, "senior probate judge" means	16436
that probate judge.	16437

(U) "Service and support administration" means the duties	16438
performed by a service and support administrator pursuant to	16439
section 5126.15 of the Revised Code.	16440

(V)(1) "Specialized medical, adaptive, and assistive	16441
equipment, supplies, and supports" means equipment, supplies, and	16442
supports that enable an individual to increase the ability to	16443
perform activities of daily living or to perceive, control, or	16444
communicate within the environment.	16445

(2) "Specialized medical, adaptive, and assistive equipment,	16446
supplies, and supports" includes the following:	16447

(a) Eating utensils, adaptive feeding dishes, plate guards,	16448
mylatex straps, hand splints, reaches, feeder seats, adjustable	16449
pointer sticks, interpreter services, telecommunication devices	16450
for the deaf, computerized communications boards, other	16451
communication devices, support animals, veterinary care for	16452
support animals, adaptive beds, supine boards, prone boards,	16453
wedges, sand bags, sidelayers, bolsters, adaptive electrical	16454
switches, hand-held shower heads, air conditioners, humidifiers,	16455
emergency response systems, folding shopping carts, vehicle lifts,	16456
vehicle hand controls, other adaptations of vehicles for	16457
accessibility, and repair of the equipment received.	16458

(b) Nondisposable items not covered by medicaid that are	16459
intended to assist an individual in activities of daily living or	16460
instrumental activities of daily living.	16461

(W) "Supportive home services" means a range of services to	16462
families of individuals with mental retardation or other	16463
developmental disabilities to develop and maintain increased	16464
acceptance and understanding of such persons, increased ability of	16465
family members to teach the person, better coordination between	16466
school and home, skills in performing specific therapeutic and	16467
management techniques, and ability to cope with specific	16468
situations.	16469

(X)(1) "Supported living" means services provided for as long	16470
as twenty-four hours a day to an individual with mental	16471
retardation or other developmental disability through any public	16472
or private resources, including moneys from the individual, that	16473
enhance the individual's reputation in community life and advance	16474
the individual's quality of life by doing the following:	16475

(a) Providing the support necessary to enable an individual	16476
to live in a residence of the individual's choice, with any number	16477
of individuals who are not disabled, or with not more than three	16478
individuals with mental retardation and developmental disabilities	16479
unless the individuals are related by blood or marriage;	16480

(b) Encouraging the individual's participation in the	16481
community;	16482

16483

(d) Assisting the individual in acquiring, retaining, and	16484
improving the skills and competence necessary to live successfully	16485
in the individual's residence.	16486

(2) "Supported living" includes the provision of all of the	16487
following:	16488

(a) Housing, food, clothing, habilitation, staff support,	16489
professional services, and any related support services necessary	16490
to ensure the health, safety, and welfare of the individual	16491
receiving the services;	16492

(b) A combination of lifelong or extended-duration	16493
supervision, training, and other services essential to daily	16494
living, including assessment and evaluation and assistance with	16495
the cost of training materials, transportation, fees, and	16496
supplies;	16497

16498

(d) Household maintenance that does not include modifications	16499
to the physical structure of the residence;	16500

(e) Respite care services;

16501

(f) Program management, as described in section 5126.14 of	16502
the Revised Code.	16503

Sec. 5126.0219. (A) Each county board of developmental	16504
disabilities shall either employ a superintendent or obtain the	16505
services of the superintendent of another county board of	16506
developmental disabilities. The board shall provide for a	16507
superintendent who is qualified, as specified in rules adopted by	16508
the department of developmental disabilities in accordance with	16509
Chapter 119. of the Revised Code. The superintendent shall have no	16510
voting privileges on the board.	16511

If the superintendent position becomes vacant, the county	16512
board first shall consider entering into an agreement with another	16513
county board for the sharing of a superintendent under division	16514
(B) of this section. If the county board determines there are no	16515
significant efficiencies or it is impractical to share a	16516
superintendent, the county board may employ a superintendent in	16517
accordance with this section to fill the vacancy.	16518

The board shall prescribe the duties of its superintendent	16519
and review the superintendent's performance. The superintendent	16520
may be removed, suspended, or demoted for cause pursuant to	16521
section 5126.23 of the Revised Code. The board shall fix the	16522
superintendent's compensation and reimburse the superintendent for	16523
actual and necessary expenses.	16524

Each county board that employs its own superintendent shall	16525
employ the superintendent under a contract. To enter into a	16526
contract, the board shall adopt a resolution agreeing to the	16527
contract. Each contract for employment or re-employment of a	16528
superintendent shall be for a term of not less than one and not	16529
more than five years. At the expiration of a superintendent's	16530
current term of employment, the superintendent may be re-employed.	16531
If the board intends not to re-employ the superintendent, the	16532
board shall give the superintendent written notification of its	16533
intention. The notice shall be given not less than ninety days	16534
prior to the expiration of the superintendent's contract.	16535

(B) Two or more county boards may enter into an arrangement	16536
under which the superintendent of one county board acts as the	16537
superintendent of another county board. To enter into such an	16538
arrangement, each board shall adopt a resolution agreeing to the	16539
arrangement. The resolutions shall specify the duration of the	16540
arrangement and the contribution each board is to make to the	16541
superintendent's compensation and reimbursement for expenses.	16542

(C) If a vacancy occurs in the position of superintendent, a	16543
county board may appoint a person who holds a valid	16544
superintendent's certificate issued under the rules of the	16545
department to work under a contract for an interim period not to	16546
exceed one hundred eighty days until a permanent superintendent	16547
can be employed or arranged for under division (A) or (B) of this	16548
section. The director of the department may approve additional	16549
periods of time for these types of interim appointments when so	16550
requested by a resolution adopted by a county board, if the	16551
director determines that the additional periods are warranted and	16552
the services of a permanent superintendent are not available.	16553

Sec. 5126.041. (A) As used in this section:

16554

(1) ~~"Biological risk" and "environmental risk" have the~~	16555
~~meanings established pursuant to section 5123.011 of the Revised~~	16556
~~Code.~~	16557

~~(2)~~ "Preschool child with a disability" has the same meaning	16558
as in section 3323.01 of the Revised Code.	16559

~~(3)~~(2) "State institution" means all or part of an	16560
institution under the control of the department of developmental	16561
disabilities pursuant to section 5123.03 of the Revised Code and	16562
maintained for the care, treatment, and training of the mentally	16563
retarded.	16564

(B) Except as provided in division (C) of this section, each	16565
county board of developmental disabilities shall make eligibility	16566
determinations in accordance with the definition of "developmental	16567
disability" in section 5126.01 of the Revised Code. Pursuant to	16568
rules ~~the department of developmental disabilities shall adopt in~~	16569
~~accordance with Chapter 119.~~adopted under section 5123.012 of the	16570
Revised Code, a county board may establish eligibility for	16571
programs and services for ~~either of the following:~~	16572

~~(1) Individuals under age six who have a biological risk or~~	16573
~~environmental risk of a developmental delay;~~	16574

~~(2) Any~~any preschool child with a disability eligible for	16575
services under section 3323.02 of the Revised Code whose	16576
disability is not attributable solely to mental illness as defined	16577
in section 5122.01 of the Revised Code.	16578

(C)(1) A county board shall make determinations of	16579
eligibility for service and support administration in accordance	16580
with rules adopted under section 5126.08 of the Revised Code.	16581

(2) All persons who were eligible for services and enrolled	16582
in programs offered by a county board of developmental	16583
disabilities pursuant to this chapter on July 1, 1991, shall	16584
continue to be eligible for those services and to be enrolled in	16585
those programs as long as they are in need of services.	16586

(3) A person who resided in a state institution on or before	16587
October 29, 1993, is eligible for programs and services offered by	16588
a county board of developmental disabilities, unless the person is	16589
determined by the county board not to be in need of those programs	16590
and services.	16591

(D) A county board shall refer a person who requests but is	16592
not eligible for programs and services offered by the board to	16593
other entities of state and local government or appropriate	16594
private entities that provide services.	16595

(E) Membership of a person on, or employment of a person by,	16596
a county board of developmental disabilities does not affect the	16597
eligibility of any member of that person's family for services	16598
provided by the board or by any entity under contract with the	16599
board.	16600

Sec. 5126.046. (A) Except as otherwise provided by 42 C.F.R.	16601
431.51, an individual with mental retardation or other	16602
developmental disability who is eligible for home and	16603
community-based services has the right to obtain the services from	16604
any provider of the services that is qualified to furnish the	16605
services and is willing to furnish the services to the individual.	16606
A county board of developmental disabilities that has medicaid	16607
local administrative authority under division (A) of section	16608
5126.055 of the Revised Code for home and community-based services	16609
and refuses to permit an individual to obtain home and	16610
community-based services from a qualified and willing provider	16611
shall provide the individual timely notice that the individual may	16612
~~request a hearing~~appeal under section ~~5101.35~~5160.31 of the	16613
Revised Code.	16614

(B) An individual with mental retardation or other	16615
developmental disability who is eligible for nonmedicaid	16616
residential services or nonmedicaid supported living has the right	16617
to obtain the services from any provider of the residential	16618
services or supported living that is qualified to furnish the	16619
residential services or supported living and is willing to furnish	16620
the residential services or supported living to the individual.	16621

(C) The department of developmental disabilities shall make	16622
available to the public on its internet web site an up-to-date	16623
list of all providers of home and community-based services,	16624
nonmedicaid residential services, and nonmedicaid supported	16625
living. County boards shall assist individuals with mental	16626
retardation or other developmental disabilities and the families	16627
of such individuals access the list on the department's internet	16628
web site.	16629

(D) The director of developmental disabilities shall adopt	16630
rules in accordance with Chapter 119. of the Revised Code	16631
governing the implementation of this section. The rules shall	16632
include procedures for individuals to choose their providers. ~~The~~	16633
~~rules shall not be limited by a provider selection system~~	16634
~~established under section 5126.42 of the Revised Code, including~~	16635
~~any pool of providers created pursuant to a provider selection~~	16636
~~system.~~	16637

Sec. 5126.051. (A) To the extent that resources are	16638
available, a county board of developmental disabilities shall	16639
provide for or arrange residential services and supported living	16640
for individuals with mental retardation and developmental	16641
disabilities.	16642

A county board may acquire, convey, lease, or sell property	16643
for residential services and supported living and enter into loan	16644
agreements, including mortgages, for the acquisition of such	16645
property. A county board is not required to comply with provisions	16646
of Chapter 307. of the Revised Code providing for competitive	16647
bidding or sheriff sales in the acquisition, lease, conveyance, or	16648
sale of property under this division, but the acquisition, lease,	16649
conveyance, or sale must be at fair market value determined by	16650
appraisal of one or more disinterested persons appointed by the	16651
board.	16652

Any action taken by a county board under this division that	16653
will incur debt on the part of the county shall be taken in	16654
accordance with Chapter 133. of the Revised Code. A county board	16655
shall not incur any debt on the part of the county without the	16656
prior approval of the board of county commissioners.	16657

(B)(1) To the extent that resources are available, a county	16658
board shall provide or arrange for the provision of adult services	16659
to individuals who are age eighteen and older and not enrolled in	16660
a program or service under Chapter 3323. of the Revised Code or	16661
age sixteen or seventeen and eligible for adult services under	16662
rules adopted by the director of developmental disabilities under	16663
Chapter 119. of the Revised Code. These services shall be provided	16664
in accordance with the individual's individual service plan and	16665
shall include support services specified in the plan.	16666

(2) Any prevocational services shall be provided in	16667
accordance with the individual's individual service plan and occur	16668
over a specified period of time with specific outcomes sought to	16669
be achieved.	16670

(3) A county board may, in cooperation with the opportunities	16671
for Ohioans with disabilities agency, seek federal funds for job	16672
training or other services ~~directly~~directed at helping	16673
individuals obtain community employment.	16674

(4) A county board may contract with any agency, board, or	16675
other entity that is accredited by the commission on accreditation	16676
of rehabilitation facilities to provide services. A county board	16677
that is accredited by the commission on accreditation of	16678
rehabilitation facilities may provide services for which it is	16679
certified by the commission.	16680

(C) To the extent that resources are available, a county	16681
board may provide services to an individual with mental	16682
retardation or other developmental disability in addition to those	16683
provided pursuant to this section, section 5126.05 of the Revised	16684
Code, or any other section of this chapter. The services shall be	16685
provided in accordance with the individual's individual service	16686
plan and may be provided in collaboration with other entities of	16687
state or local government.	16688

Sec. 5126.08. (A) The director of developmental disabilities	16689
shall adopt rules in accordance with Chapter 119. of the Revised	16690
Code for all programs and services offered by a county board of	16691
developmental disabilities. Such rules shall include, but are not	16692
limited to, the following:	16693

(1) Determination of what constitutes a program or service;

16694

(2) Standards to be followed by a board in administering,	16695
providing, arranging, or operating programs and services;	16696

(3) Standards for determining the nature and degree of mental	16697
retardation, including mild mental retardation, or developmental	16698
disability;	16699

(4) Standards and procedures for ~~determining~~making	16700
eligibility determinations for the programs and services ~~under~~	16701
~~section 5126.15 of the Revised Code~~;	16702

(5) Procedures for obtaining consent for the arrangement of	16703
services under section 5126.31 of the Revised Code and for	16704
obtaining signatures on individual service plans under that	16705
section;	16706

(6) Specification of the service and support administration	16707
to be provided by a county board and standards for resolving	16708
grievances in connection with service and support administration.	16709

(B) The director shall be the final authority in determining	16710
the nature and degree of mental retardation or developmental	16711
disability.	16712

Sec. 5126.21. As used in this section, "management employee"	16713
does not include the superintendent of a county board of	16714
developmental disabilities.	16715

(A)(1) Each management employee of a county board of	16716
developmental disabilities shall hold a limited contract for a	16717
period of not less than one year and not more than five years,	16718
except that a management employee hired after the beginning of a	16719
program year may be employed under a limited contract expiring at	16720
the end of the program year. The board shall approve all contracts	16721
of employment for management employees that are for a term of more	16722
than one year. A management employee shall receive notice of the	16723
superintendent's intention not to rehire the employee at least	16724
ninety days prior to the expiration of the contract.	16725

(2) During the term of a contract a management employee's	16726
salary may be increased, but shall not be reduced unless the	16727
reduction is part of a uniform plan affecting all employees of the	16728
board.	16729

(B) All management employees may be removed, suspended, or	16730
demoted for cause pursuant to section 5126.23 of the Revised Code.	16731

(C) All management employees shall receive employee benefits	16732
as established by the board. Sections 124.38 and 325.19 of the	16733
Revised Code do not apply to management employees.	16734

(D) The superintendent of a county board of developmental	16735
disabilities shall notify all management employees of the board of	16736
their salary no later than thirty days before the first day of the	16737
new contract year.	16738

(E) Each county board of developmental disabilities shall	16739
establish a lay-off policy to be followed if it determines a	16740
reduction in the number of management employees is necessary.	16741

(F) If a management employee position becomes vacant, the	16742
superintendent first shall consider whether to enter into an	16743
agreement with another county board for the sharing of personnel	16744
under 5126.02 of the Revised Code. If the superintendent	16745
determines there are no significant efficiencies or it is	16746
impractical to share personnel, the superintendent may employ a	16747
management employee to fill the vacancy.	16748

Sec. 5126.25. (A) The director of developmental disabilities	16749
shall adopt rules under division (C) of this section establishing	16750
uniform standards and procedures for the certification and	16751
registration of persons, other than the persons described in	16752
division (I) of this section, who are seeking employment with or	16753
are employed by either of the following:	16754

(1) A county board of developmental disabilities;

16755

(2) An entity that contracts with a county board to operate	16756
programs and services for individuals with mental retardation or	16757
developmental disabilities.	16758

(B) No person shall be employed in a position for which	16759
certification or registration is required pursuant to the rules	16760
adopted under this section without the certification or	16761
registration that is required for that position. The person shall	16762
not be employed or shall not continue to be employed if the	16763
required certification or registration is denied, revoked, or not	16764
renewed.	16765

(C) The director shall adopt rules in accordance with Chapter	16766
119. of the Revised Code as the director considers necessary to	16767
implement and administer this section, including rules	16768
establishing all of the following:	16769

(1) Positions of employment that are subject to this section	16770
and, for each position, whether a person must receive	16771
certification or receive registration to be employed in that	16772
position;	16773

(2) Requirements that must be met to receive the	16774
certification or registration required to be employed in a	16775
particular position, including standards regarding education,	16776
specialized training, and experience, taking into account the	16777
needs of individuals with mental retardation or developmental	16778
disabilities and the specialized techniques needed to serve them,	16779
except that the rules shall not require a person designated as a	16780
service employee under section 5126.22 of the Revised Code to have	16781
or obtain a bachelor's or higher degree;	16782

(3) Procedures to be followed in applying for initial	16783
certification or registration and for renewing the certification	16784
or registration.	16785

(4) Requirements that must be met for renewal of	16786
certification or registration, which may include continuing	16787
education and professional training requirements;	16788

(5) Subject to section 5126.23 of the Revised Code, grounds	16789
for which certification or registration may be denied, suspended,	16790
or revoked and procedures for appealing the denial, suspension, or	16791
revocation.	16792

(D) Each person seeking certification or registration for	16793
employment shall apply in the manner established in rules adopted	16794
under this section.	16795

(E)(1) Except as provided in division (E)(2) of this section,	16796
the superintendent of each county board is responsible for taking	16797
all actions regarding certification and registration of employees,	16798
other than the position of superintendent, early intervention	16799
supervisor, early intervention specialist, or investigative agent.	16800
For the position of superintendent, early intervention supervisor,	16801
early intervention specialist, or investigative agent, the	16802
director of developmental disabilities is responsible for taking	16803
all such actions.	16804

Actions that may be taken by the superintendent or director	16805
include issuing, renewing, denying, suspending, and revoking	16806
certification and registration. All actions shall be taken in	16807
accordance with the rules adopted under this section.	16808

The superintendent may charge a fee to persons applying for	16809
certification or registration. The superintendent shall establish	16810
the amount of the fee according to the costs the county board	16811
incurs in administering its program for certification and	16812
registration of employees.	16813

A person subject to the denial, suspension, or revocation of	16814
certification or registration may appeal the decision. The appeal	16815
shall be made in accordance with the rules adopted under this	16816
section.	16817

(2) Pursuant to division (C) of section 5126.05 of the	16818
Revised Code, the superintendent may enter into a contract with	16819
any other entity under which the entity is given authority to	16820
carry out all or part of the superintendent's responsibilities	16821
under division (E)(1) of this section.	16822

(F) A person with valid certification or registration under	16823
this section on the effective date of any rules adopted under this	16824
section that increase the standards applicable to the	16825
certification or registration shall have such period as the rules	16826
prescribe, but not less than one year after the effective date of	16827
the rules, to meet the new certification or registration	16828
standards.	16829

(G) A person with valid certification or registration is	16830
qualified to be employed according to that certification or	16831
registration by any county board or entity contracting with a	16832
county board.	16833

(H) The director shall monitor county boards to ensure that	16834
their employees and the employees of their contracting entities	16835
have the applicable certification or registration required under	16836
this section and that the employees are performing only those	16837
functions they are authorized to perform under the certification	16838
or registration. The superintendent of each county board or the	16839
superintendent's designee shall maintain in appropriate personnel	16840
files evidence acceptable to the director that the employees have	16841
met the requirements. On request, representatives of the	16842
department of developmental disabilities shall be given access to	16843
the evidence.	16844

(I) The certification and registration requirements of this	16845
section and the rules adopted under it do not apply to either of	16846
the following:	16847

(1) A person who holds a valid license issued or certificate	16848
issued under Chapter 3319. of the Revised Code and performs no	16849
duties other than teaching or supervision of a teaching program;	16850

(2) A person who holds a valid license or certificate issued	16851
under Title XLVII of the Revised Code and performs only those	16852
duties governed by the license or certificate.	16853

Sec. 5126.42. ~~(A) A~~Each county board of developmental	16854
disabilities shall establish ~~an advisory council composed of board~~	16855
~~members or employees of the board, providers, individuals~~	16856
~~receiving supported living, and advocates for individuals~~	16857
~~receiving supported living to provide on-going communication among~~	16858
~~all persons concerned with supported living.~~	16859

~~(B) The board shall develop~~ procedures for the resolution of	16860
grievances between the following:	16861

(A) The board and providers ~~or between the~~;

16862

(B) The board and an entity with which it has a shared	16863
funding agreement.	16864

~~(C) The board shall develop and implement a provider~~	16865
~~selection system. Each system shall enable an individual to choose~~	16866
~~to continue receiving supported living from the same providers, to~~	16867
~~select additional providers, or to choose alternative providers.~~	16868
~~Annually, the board shall review its provider selection system to~~	16869
~~determine whether it has been implemented in a manner that allows~~	16870
~~individuals fair and equitable access to providers.~~	16871

~~In developing a provider selection system, the county board~~	16872
~~shall create a pool of providers for individuals to use in~~	16873
~~choosing their providers of supported living. The pool shall be~~	16874
~~created by placing in the pool all providers on record with the~~	16875
~~board or by placing in the pool all providers approved by the~~	16876
~~board through soliciting requests for proposals for supported~~	16877
~~living contracts. In either case, only providers that are~~	16878
~~certified by the director of developmental disabilities may be~~	16879
~~placed in the pool.~~	16880

~~If the board places all providers on record in the pool, the~~	16881
~~board shall review the pool at least annually to determine whether~~	16882
~~each provider has continued interest in being a provider and has~~	16883
~~maintained its certification by the department. At any time, an~~	16884
~~interested and certified provider may make a request to the board~~	16885
~~that it be added to the pool, and the board shall add the provider~~	16886
~~to the pool not later than seven days after receiving the request.~~	16887

~~If the board solicits requests for proposals for inclusion of~~	16888
~~providers in the pool, the board shall develop standards for~~	16889
~~selecting the providers to be included. Requests for proposals~~	16890
~~shall be solicited at least annually. When requests are solicited,~~	16891
~~the board shall cause legal notices to be published once each week~~	16892
~~for two consecutive weeks in a newspaper of general circulation~~	16893
~~within the county or as provided in section 7.16 of the Revised~~	16894
~~Code. The board's formal request for proposals shall include a~~	16895
~~description of any applicable contract terms, the standards that~~	16896
~~are used to select providers for inclusion in the pool, and the~~	16897
~~process the board uses to resolve disputes arising from the~~	16898
~~selection process. The board shall accept requests from any entity~~	16899
~~interested in being a provider of supported living for individuals~~	16900
~~served by the board. Requests shall be approved or denied~~	16901
~~according to the standards developed by the board. Providers that~~	16902
~~previously have been placed in the pool are not required to~~	16903
~~resubmit a request for proposal to be included in the pool, unless~~	16904
~~the board's standards have been changed.~~	16905

~~In assisting an individual in choosing a provider, the county~~	16906
~~board shall provide the individual with uniform and consistent~~	16907
~~information pertaining to each provider in the pool. An individual~~	16908
~~may choose to receive supported living from a provider that is not~~	16909
~~included in the pool, if the provider is certified by the director~~	16910
~~of developmental disabilities.~~	16911

Sec. 5126.43. (A) After receiving notice from the department	16912
of developmental disabilities of the amount of state funds to be	16913
distributed to it for planning, developing, contracting for, and	16914
providing supported living, the county board of developmental	16915
disabilities shall arrange for supported living on behalf of and	16916
with the consent of individuals based on their individual service	16917
plans developed under section 5126.41 of the Revised Code. With	16918
the state distribution and any other money designated by the board	16919
for supported living, the board shall arrange for supported living	16920
in one or more of the following ways:	16921

(1) By contracting under section 5126.45 of the Revised Code	16922
with providers selected by the individual to be served;	16923

(2) By entering into shared funding agreements with state	16924
agencies, local public agencies, or political subdivisions at	16925
rates negotiated by the board;	16926

(3) By providing direct payment or vouchers to be used to	16927
purchase supported living, pursuant to a written contract in an	16928
amount determined by the board, to the individual or a person	16929
providing the individual with protective services as defined in	16930
section 5123.55 of the Revised Code.	16931

(B) The board may arrange for supported living only with	16932
providers that are certified by the director of developmental	16933
disabilities.	16934

When no certified provider is willing and able to provide	16935
supported living for an individual in accordance with the terms of	16936
the individual service plan for that individual, a county board	16937
may provide supported living directly if it is certified by the	16938
director of developmental disabilities to provide supported	16939
living.	16940

A county board may, for a period not to exceed ninety days,	16941
contract for or provide supported living without meeting the	16942
requirements of this section for an individual it determines to be	16943
in emergency need of supported living. Thereafter, the individual	16944
shall choose providers in accordance with sections 5126.046 and	16945
5126.41 ~~and 5126.42~~ of the Revised Code.	16946

Sec. 5126.45. (A) A contract between a county board of	16947
developmental disabilities and a provider of supported living	16948
shall be in writing and shall be based on the individual service	16949
plan developed by the individual under section 5126.41 of the	16950
Revised Code. The plan may be submitted as an addendum to the	16951
contract. An individual receiving services pursuant to a contract	16952
shall be considered a third-party beneficiary to the contract.	16953

(B) The contract shall be negotiated between the provider and	16954
the county board. The terms of the contract shall include at least	16955
the following:	16956

(1) The contract period and conditions for renewal;

16957

(2) The services to be provided pursuant to the individual	16958
service plan;	16959

(3) The rights and responsibilities of all parties to the	16960
contract;	16961

(4) The methods that will be used to evaluate the services	16962
delivered by the provider;	16963

(5) Procedures for contract modification that ensure all	16964
parties affected by the modification are involved and agree;	16965

(6) A process for resolving conflicts between individuals	16966
receiving services, the county board, and the provider, as	16967
applicable;	16968

(7) Procedures for the retention of applicable records;

16969

(8) Provisions for contract termination by any party involved	16970
that include requirements for an appropriate notice of intent to	16971
terminate the contract;	16972

(9) Methods to be used to document services provided;

16973

(10) Procedures for submitting reports required by the county	16974
board as a condition of receiving payment under the contract;	16975

(11) The method and schedule the board will use to make	16976
payments to the provider and whether periodic payment adjustments	16977
will be made to the provider;	16978

(12) Provisions for conducting fiscal reconciliations for	16979
payments made through methods other than a fee-for-service	16980
arrangement.	16981

(C) Payments to the provider under a supported living	16982
contract must be determined by the county board to be reasonable	16983
in accordance with policies and procedures developed by the county	16984
board. Goods or services provided without charge to the provider	16985
shall not be included as expenditures of the provider.	16986

(D) The county board shall establish procedures for	16987
reconciling expenditures and payments, other than those made under	16988
a fee-for-service arrangement, for the prior contract year when a	16989
contract is not renewed and shall reconcile expenditures and	16990
payments in accordance with these procedures.	16991

(E) A provider or an entity with which the county board has	16992
entered into a shared funding agreement may ~~appeal a negotiated~~	16993
~~contract or proposed shared funding rate to~~seek resolution of	16994
grievances with the county board using the procedures established	16995
by the county board under section 5126.42 of the Revised Code.	16996

Sec. 5139.05. (A) The juvenile court may commit any child to	16997
the department of youth services as authorized in Chapter 2152. of	16998
the Revised Code, provided that any child so committed shall be at	16999
least ten years of age at the time of the child's delinquent act,	17000
and, if the child is ten or eleven years of age, the delinquent	17001
act is a violation of section 2909.03 of the Revised Code or would	17002
be aggravated murder, murder, or a first or second degree felony	17003
offense of violence if committed by an adult. Any order to commit	17004
a child to an institution under the control and management of the	17005
department shall have the effect of ordering that the child be	17006
committed to the department and assigned to an institution or	17007
placed in a community corrections facility in accordance with	17008
division (E) of section 5139.36 of the Revised Code as follows:	17009

(1) For an indefinite term consisting of the prescribed	17010
minimum period specified by the court under division (A)(1) of	17011
section 2152.16 of the Revised Code and a maximum period not to	17012
exceed the child's attainment of twenty-one years of age, if the	17013
child was committed pursuant to section 2152.16 of the Revised	17014
Code;	17015

(2) Until the child's attainment of twenty-one years of age,	17016
if the child was committed for aggravated murder or murder	17017
pursuant to section 2152.16 of the Revised Code;	17018

(3) For a period of commitment that shall be in addition to,	17019
and shall be served consecutively with and prior to, a period of	17020
commitment described in division (A)(1) or (2) of this section, if	17021
the child was committed pursuant to section 2152.17 of the Revised	17022
Code;	17023

(4) If the child is ten or eleven years of age, to an	17024
institution, a residential care facility, a residential facility,	17025
or a facility licensed by the department of job and family	17026
services that the department of youth services considers best	17027
designated for the training and rehabilitation of the child and	17028
protection of the public. The child shall be housed separately	17029
from children who are twelve years of age or older until the child	17030
is released or discharged or until the child attains twelve years	17031
of age, whichever occurs first. Upon the child's attainment of	17032
twelve years of age, if the child has not been released or	17033
discharged, the department is not required to house the child	17034
separately.	17035

(B)(1) Except as otherwise provided in section 5139.54 of the	17036
Revised Code, the release authority of the department of youth	17037
services, in accordance with section 5139.51 of the Revised Code	17038
and at any time after the end of the minimum period specified	17039
under division (A)(1) of section 2152.16 of the Revised Code, may	17040
grant the release from custody of any child committed to the	17041
department.	17042

The order committing a child to the department of youth	17043
services shall state that the child has been adjudicated a	17044
delinquent child and state the minimum period. The jurisdiction of	17045
the court terminates at the end of the minimum period except as	17046
follows:	17047

(a) In relation to judicial release procedures, supervision,	17048
and violations;	17049

(b) With respect to functions of the court related to the	17050
revocation of supervised release that are specified in sections	17051
5139.51 and 5139.52 of the Revised Code;	17052

(c) In relation to its duties relating to serious youthful	17053
offender dispositional sentences under sections 2152.13 and	17054
2152.14 of the Revised Code.	17055

(2) When a child has been committed to the department under	17056
section 2152.16 of the Revised Code, the department shall retain	17057
legal custody of the child until one of the following:	17058

(a) The department discharges the child to the exclusive	17059
management, control, and custody of the child's parent or the	17060
guardian of the child's person or, if the child is eighteen years	17061
of age or older, discharges the child.	17062

(b) The committing court, upon its own motion, upon petition	17063
of the parent, guardian of the person, or next friend of a child,	17064
or upon petition of the department, terminates the department's	17065
legal custody of the child.	17066

(c) The committing court grants the child a judicial release	17067
to court supervision under section 2152.22 of the Revised Code.	17068

(d) The department's legal custody of the child is terminated	17069
automatically by the child attaining twenty-one years of age.	17070

(e) If the child is subject to a serious youthful offender	17071
dispositional sentence, the adult portion of that dispositional	17072
sentence is imposed under section 2152.14 of the Revised Code.	17073

(C) When a child is committed to the department of youth	17074
services, the department may assign the child to a hospital for	17075
mental, physical, and other examination, inquiry, or treatment for	17076
the period of time that is necessary. The department may remove	17077
any child in its custody to a hospital for observation, and a	17078
complete report of every observation at the hospital shall be made	17079
in writing and shall include a record of observation, treatment,	17080
and medical history and a recommendation for future treatment,	17081
custody, and maintenance. The department shall thereupon order the	17082
placement and treatment that it determines to be most conducive to	17083
the purposes of Chapters 2151. and 5139. of the Revised Code. The	17084
committing court and all public authorities shall make available	17085
to the department all pertinent data in their possession with	17086
respect to the case.	17087

(D) Records maintained by the department of youth services	17088
pertaining to the children in its custody shall be accessible only	17089
to department employees, except by consent of the department, upon	17090
the order of the judge of a court of record, or as provided in	17091
divisions (D)(1) and (2) of this section. These records shall not	17092
be considered "public records," as defined in section 149.43 of	17093
the Revised Code.	17094

(1) Except as otherwise provided by a law of this state or	17095
the United States, the department of youth services may release	17096
records that are maintained by the department of youth services	17097
and that pertain to children in its custody to the department of	17098
rehabilitation and correction regarding persons who are under the	17099
jurisdiction of the department of rehabilitation and correction	17100
and who have previously been committed to the department of youth	17101
services. The department of rehabilitation and correction may use	17102
those records for the limited purpose of carrying out the duties	17103
of the department of rehabilitation and correction. Records	17104
released by the department of youth services to the department of	17105
rehabilitation and correction shall remain confidential and shall	17106
not be considered public records as defined in section 149.43 of	17107
the Revised Code.	17108

(2) The department of youth services shall provide to the	17109
superintendent of the school district in which a child discharged	17110
or released from the custody of the department is entitled to	17111
attend school under section 3313.64 or 3313.65 of the Revised Code	17112
the records described in divisions (D)(4)(a) to (d) of section	17113
2152.18 of the Revised Code. Subject to the provisions of section	17114
3319.321 of the Revised Code and the Family Educational Rights and	17115
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to	17116
the superintendent shall remain confidential and shall not be	17117
considered public records as defined in section 149.43 of the	17118
Revised Code.	17119

(E)(1) When a child is committed to the department of youth	17120
services, the department, orally or in writing, shall notify the	17121
parent, guardian, or custodian of a child that the parent,	17122
guardian, or custodian may request at any time from the	17123
superintendent of the institution in which the child is located	17124
any of the information described in divisions (E)(1)(a), (b), (c),	17125
and (d) of this section. The parent, guardian, or custodian may	17126
provide the department with the name, address, and telephone	17127
number of the parent, guardian, or custodian, and, until the	17128
department is notified of a change of name, address, or telephone	17129
number, the department shall use the name, address, and telephone	17130
number provided by the parent, guardian, or custodian to provide	17131
notices or answer inquiries concerning the following information:	17132

(a) When the department of youth services makes a permanent	17133
assignment of the child to a facility, the department, orally or	17134
in writing and on or before the third business day after the day	17135
the permanent assignment is made, shall notify the parent,	17136
guardian, or custodian of the child of the name of the facility to	17137
which the child has been permanently assigned.	17138

If a parent, guardian, or custodian of a child who is	17139
committed to the department of youth services requests, orally or	17140
in writing, the department to provide the parent, guardian, or	17141
custodian with the name of the facility in which the child is	17142
currently located, the department, orally or in writing and on or	17143
before the next business day after the day on which the request is	17144
made, shall provide the name of that facility to the parent,	17145
guardian, or custodian.	17146

(b) If a parent, guardian, or custodian of a child who is	17147
committed to the department of youth services, orally or in	17148
writing, asks the superintendent of the institution in which the	17149
child is located whether the child is being disciplined by the	17150
personnel of the institution, what disciplinary measure the	17151
personnel of the institution are using for the child, or why the	17152
child is being disciplined, the superintendent or the	17153
superintendent's designee, on or before the next business day	17154
after the day on which the request is made, shall provide the	17155
parent, guardian, or custodian with written or oral responses to	17156
the questions.	17157

(c) If a parent, guardian, or custodian of a child who is	17158
committed to the department of youth services, orally or in	17159
writing, asks the superintendent of the institution in which the	17160
child is held whether the child is receiving any medication from	17161
personnel of the institution, what type of medication the child is	17162
receiving, or what condition of the child the medication is	17163
intended to treat, the superintendent or the superintendent's	17164
designee, on or before the next business day after the day on	17165
which the request is made, shall provide the parent, guardian, or	17166
custodian with oral or written responses to the questions.	17167

(d) When a major incident occurs with respect to a child who	17168
is committed to the department of youth services, the department,	17169
as soon as reasonably possible after the major incident occurs,	17170
shall notify the parent, guardian, or custodian of the child that	17171
a major incident has occurred with respect to the child and of all	17172
the details of that incident that the department has ascertained.	17173

(2) The failure of the department of youth services to	17174
provide any notification required by or answer any requests made	17175
pursuant to division (E) of this section does not create a cause	17176
of action against the state.	17177

(F) The department of youth services, as a means of	17178
punishment while the child is in its custody, shall not prohibit a	17179
child who is committed to the department from seeing that child's	17180
parent, guardian, or custodian during standard visitation periods	17181
allowed by the department of youth services unless the	17182
superintendent of the institution in which the child is held	17183
determines that permitting that child to visit with the child's	17184
parent, guardian, or custodian would create a safety risk to that	17185
child, that child's parents, guardian, or custodian, the personnel	17186
of the institution, or other children held in that institution.	17187

(G) As used in this section:

17188

(1) "Permanent assignment" means the assignment or transfer	17189
for an extended period of time of a child who is committed to the	17190
department of youth services to a facility in which the child will	17191
receive training or participate in activities that are directed	17192
toward the child's successful rehabilitation. "Permanent	17193
assignment" does not include the transfer of a child to a facility	17194
for judicial release hearings pursuant to section 2152.22 of the	17195
Revised Code or for any other temporary assignment or transfer to	17196
a facility.	17197

(2) "Major incident" means the escape or attempted escape of	17198
a child who has been committed to the department of youth services	17199
from the facility to which the child is assigned; the return to	17200
the custody of the department of a child who has escaped or	17201
otherwise fled the custody and control of the department without	17202
authorization; the allegation of any sexual activity with a child	17203
committed to the department; physical injury to a child committed	17204
to the department as a result of alleged abuse by department	17205
staff; an accident resulting in injury to a child committed to the	17206
department that requires medical care or treatment outside the	17207
institution in which the child is located; the discovery of a	17208
controlled substance upon the person or in the property of a child	17209
committed to the department; a suicide attempt by a child	17210
committed to the department; a suicide attempt by a child	17211
committed to the department that results in injury to the child	17212
requiring emergency medical services outside the institution in	17213
which the child is located; the death of a child committed to the	17214
department; an injury to a visitor at an institution under the	17215
control of the department that is caused by a child committed to	17216
the department; and the commission or suspected commission of an	17217
act by a child committed to the department that would be an	17218
offense if committed by an adult.	17219

(3) "Sexual activity" has the same meaning as in section	17220
2907.01 of the Revised Code.	17221

(4) "Controlled substance" has the same meaning as in section	17222
3719.01 of the Revised Code.	17223

(5) "Residential care facility" and "residential facility"	17224
have the same meanings as in section 2151.011 of the Revised Code.	17225

Sec. 5139.12. Any person who is required, pursuant to	17226
division (A) of section 2151.421 of the Revised Code, to report	17227
the person's knowledge of or reasonable cause to suspect abuse or	17228
neglect or threat of abuse or neglect of a child under eighteen	17229
years of age or a mentally retarded, developmentally disabled, or	17230
physically impaired child under twenty-one years of age or any	17231
person who is permitted, pursuant to division (B) of that section,	17232
to report, or cause such a report to be made and who makes or	17233
causes the report to be made, shall direct that report to the	17234
state highway patrol if the child is a delinquent child in the	17235
custody of an institution. If the state highway patrol determines	17236
after receipt of the report that there is probable cause that	17237
abuse or neglect or threat of abuse or neglect of the delinquent	17238
child occurred, the highway patrol shall report its findings to	17239
the department of youth services, to the court that ordered the	17240
disposition of the delinquent child for the act that would have	17241
been an offense if committed by an adult and for which the	17242
delinquent child is in the custody of the department, to the	17243
public children services agency in the county in which the child	17244
resides or in which the abuse or neglect or threat of abuse or	17245
neglect occurred, and to the chairperson and vice-chairperson of	17246
the correctional institution inspection committee established by	17247
section 103.71 of the Revised Code.	17248

Sec. 5139.34. (A) Funds may be appropriated to the	17249
department of youth services for the purpose of granting state	17250
subsidies to counties. A county or the juvenile court that serves	17251
a county shall use state subsidies granted to the county pursuant	17252
to this section only in accordance with divisions (B)(2)(a) and	17253
(3)(a) of section 5139.43 of the Revised Code and the rules	17254
pertaining to the state subsidy funds that the department adopts	17255
pursuant to division (D) of section 5139.04 of the Revised Code.	17256
The department shall not grant financial assistance pursuant to	17257
this section for the provision of care and services for children	17258
in a placement facility unless the facility has been certified,	17259
licensed, or approved by a state or national agency with	17260
certification, licensure, or approval authority, including, but	17261
not limited to, the department of job and family services,	17262
department of education, department of mental health and addiction	17263
services, department of developmental disabilities, or American	17264
correctional association. For the purposes of this section,	17265
placement facilities do not include a state institution or a	17266
county or district children's home.	17267

The department also shall not grant financial assistance	17268
pursuant to this section for the provision of care and services	17269
for children, including, but not limited to, care and services in	17270
a detention facility, in another facility, or in out-of-home	17271
placement, unless the minimum standards applicable to the care and	17272
services that the department prescribes in rules adopted pursuant	17273
to division (D) of section 5139.04 of the Revised Code have been	17274
satisfied.	17275

(B) The department of youth services shall apply the	17276
following formula to determine the amount of the annual grant that	17277
each county is to receive pursuant to division (A) of this	17278
section, subject to the appropriation for this purpose to the	17279
department made by the general assembly:	17280

(1) Each county shall receive a basic annual grant of fifty	17281
thousand dollars.	17282

(2) The sum of the basic annual grants provided under	17283
division (B)(1) of this section shall be subtracted from the total	17284
amount of funds appropriated to the department of youth services	17285
for the purpose of making grants pursuant to division (A) of this	17286
section to determine the remaining portion of the funds	17287
appropriated. The remaining portion of the funds appropriated	17288
shall be distributed on a per capita basis to each county that has	17289
a population of more than twenty-five thousand for that portion of	17290
the population of the county that exceeds twenty-five thousand.	17291

(C)(1) Prior to a county's receipt of an annual grant	17292
pursuant to this section, the juvenile court that serves the	17293
county shall prepare, submit, and file in accordance with division	17294
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	17295
agreement and application for funding that is for the combined	17296
purposes of, and that satisfies the requirements of, this section	17297
and section 5139.43 of the Revised Code. In addition to the	17298
subject matters described in division (B)(3)(a) of section 5139.43	17299
of the Revised Code or in the rules that the department adopts to	17300
implement that division, the annual grant agreement and	17301
application for funding shall address fiscal accountability and	17302
performance matters pertaining to the programs, care, and services	17303
that are specified in the agreement and application and for which	17304
state subsidy funds granted pursuant to this section will be used.	17305

(2) The county treasurer of each county that receives an	17306
annual grant pursuant to this section shall deposit the state	17307
subsidy funds so received into the county's felony delinquent care	17308
and custody fund created pursuant to division (B)(1) of section	17309
5139.43 of the Revised Code. Subject to exceptions prescribed in	17310
section 5139.43 of the Revised Code that may apply to the	17311
disbursement, the department shall disburse the state subsidy	17312
funds to which a county is entitled in a lump sum payment that	17313
shall be made in July of each calendar year.	17314

(3) Upon an order of the juvenile court that serves a county	17315
and subject to appropriation by the board of county commissioners	17316
of that county, a county treasurer shall disburse from the	17317
county's felony delinquent care and custody fund the state subsidy	17318
funds granted to the county pursuant to this section for use only	17319
in accordance with this section, the applicable provisions of	17320
section 5139.43 of the Revised Code, and the county's approved	17321
annual grant agreement and application for funding.	17322

(4) The moneys in a county's felony delinquent care and	17323
custody fund that represent state subsidy funds granted pursuant	17324
to this section are subject to appropriation by the board of	17325
county commissioners of the county; shall be disbursed by the	17326
county treasurer as required by division (C)(3) of this section;	17327
shall be used in the manners referred to in division (C)(3) of	17328
this section; shall not revert to the county general fund at the	17329
end of any fiscal year; shall carry over in the felony delinquent	17330
care and custody fund from the end of any fiscal year to the next	17331
fiscal year; shall be in addition to, and shall not be used to	17332
reduce, any usual annual increase in county funding that the	17333
juvenile court is eligible to receive or the current level of	17334
county funding of the juvenile court and of any programs, care, or	17335
services for alleged or adjudicated delinquent children, unruly	17336
children, or juvenile traffic offenders or for children who are at	17337
risk of becoming delinquent children, unruly children, or juvenile	17338
traffic offenders; and shall not be used to pay for the care and	17339
custody of felony delinquents who are in the care and custody of	17340
an institution pursuant to a commitment, recommitment, or	17341
revocation of a release on parole by the juvenile court of that	17342
county or who are in the care and custody of a community	17343
corrections facility pursuant to a placement by the department	17344
~~with the consent of the juvenile court~~ as described in division	17345
(E) of section 5139.36 of the Revised Code.	17346

(5) As a condition of the continued receipt of state subsidy	17347
funds pursuant to this section, each county and the juvenile court	17348
that serves each county that receives an annual grant pursuant to	17349
this section shall comply with divisions (B)(3)(b), (c), and (d)	17350
of section 5139.43 of the Revised Code.	17351

Sec. 5139.36. (A) In accordance with this section and the	17352
rules adopted under it and from funds appropriated to the	17353
department of youth services for the purposes of this section, the	17354
department shall make grants that provide financial resources to	17355
operate community corrections facilities for felony delinquents.	17356

(B)(1) Each community corrections facility that intends to	17357
seek a grant under this section shall file an application with the	17358
department of youth services at the time and in accordance with	17359
the procedures that the department shall establish by rules	17360
adopted in accordance with Chapter 119. of the Revised Code. In	17361
addition to other items required to be included in the	17362
application, a plan that satisfies both of the following shall be	17363
included:	17364

(a) It reduces the number of felony delinquents committed to	17365
the department from the county or counties associated with the	17366
community corrections facility.	17367

(b) It ensures equal access for minority felony delinquents	17368
to the programs and services for which a potential grant would be	17369
used.	17370

(2) The department of youth services shall review each	17371
application submitted pursuant to division (B)(1) of this section	17372
to determine whether the plan described in that division, the	17373
community corrections facility, and the application comply with	17374
this section and the rules adopted under it.	17375

(C) To be eligible for a grant under this section and for	17376
continued receipt of moneys comprising a grant under this section,	17377
a community corrections facility shall satisfy at least all of the	17378
following requirements:	17379

(1) Be constructed, reconstructed, improved, or financed by	17380
the Ohio building authority pursuant to section 307.021 of the	17381
Revised Code and Chapter 152. of the Revised Code for the use of	17382
the department of youth services and be designated as a community	17383
corrections facility;	17384

(2) Have written standardized criteria governing the types of	17385
felony delinquents that are eligible for the programs and services	17386
provided by the facility;	17387

(3) Have a written standardized intake screening process and	17388
an intake committee that at least performs both of the following	17389
tasks:	17390

(a) Screens all eligible felony delinquents who are being	17391
considered for admission to the facility in lieu of commitment to	17392
the department;	17393

(b) Notifies, within ten days after the date of the referral	17394
of a felony delinquent to the facility, the committing court	17395
whether the felony delinquent will be admitted to the facility.	17396

(4) Comply with all applicable fiscal and program rules that	17397
the department adopts in accordance with Chapter 119. of the	17398
Revised Code and demonstrate that felony delinquents served by the	17399
facility have been or will be diverted from a commitment to the	17400
department.	17401

(D) The department of youth services shall determine the	17402
method of distribution of the funds appropriated for grants under	17403
this section to community corrections facilities.	17404

(E)(1) The department of youth services shall adopt rules in	17405
accordance with Chapter 119. of the Revised Code to establish the	17406
minimum occupancy threshold of community corrections facilities.	17407

(2) The department may ~~make referrals for the placement of~~	17408
place children in its custody toin a community corrections	17409
facility~~. At least forty-five days prior to the referral of a~~	17410
~~child or within any shorter period prior to the referral of the~~	17411
~~child that the committing court may allow, the department shall~~	17412
~~notify the committing court of its intent to place the child in a~~	17413
~~community corrections facility. The court shall have thirty days~~	17414
~~after the receipt of the notice to approve or disapprove the~~	17415
~~placement. If the court does not respond to the notice of the~~	17416
~~placement within that thirty-day period, the department shall~~	17417
~~proceed with the placement~~ and ~~debit~~charge bed days to the county	17418
in accordance with sections 5139.41 to 5139.43 of the Revised	17419
Code. A child placed in a community corrections facility pursuant	17420
to this division shall remain in the legal custody of the	17421
department of youth services during the period in which the child	17422
is in the community corrections facility.	17423

(3) Counties that are not associated with a community	17424
corrections facility may refer children to a community corrections	17425
facility with the consent of the facility. The department of youth	17426
services shall debit the county that makes the referral in	17427
accordance with sections 5139.41 to 5139.43 of the Revised Code.	17428

(F) The board or other governing body of a community	17429
corrections facility shall meet not less often than once per	17430
quarter. A community corrections facility may reimburse the	17431
members of the board or other governing body of the facility and	17432
the members of an advisory board created by the board or other	17433
governing body of the facility for their actual and necessary	17434
expenses incurred in the performance of their official duties. The	17435
members of the board or other governing body of the facility and	17436
the members of an advisory board created by the board or other	17437
governing body of the facility shall serve without compensation.	17438

Sec. 5139.41. The appropriation made to the department of	17439
youth services for care and custody of felony delinquents shall be	17440
expended in accordance with the following procedure that the	17441
department shall use for each year of a biennium. The procedure	17442
shall be consistent with sections 5139.41 to 5139.43 of the	17443
Revised Code and shall be developed in accordance with the	17444
following guidelines:	17445

(A) The line item appropriation for the care and custody of	17446
felony delinquents shall provide funding for operational costs for	17447
the following:	17448

(1) Institutions and the diagnosis, care, or treatment of	17449
felony delinquents at facilities pursuant to contracts entered	17450
into under section 5139.08 of the Revised Code;	17451

(2) Community corrections facilities constructed,	17452
reconstructed, improved, or financed as described in section	17453
5139.36 of the Revised Code for the purpose of providing	17454
alternative placement and services for felony delinquents who have	17455
been diverted from care and custody in institutions;	17456

(3) County juvenile courts that administer programs and	17457
services for prevention, early intervention, diversion, treatment,	17458
and rehabilitation services and programs that are provided for	17459
alleged or adjudicated unruly or delinquent children or for	17460
children who are at risk of becoming unruly or delinquent	17461
children;	17462

(4) Administrative expenses the department incurs in	17463
connection with the felony delinquent care and custody programs	17464
described in section 5139.43 of the Revised Code.	17465

(B) From the appropriated line item for the care and custody	17466
of felony delinquents, the department, with the advice of the	17467
RECLAIM advisory committee established under section 5139.44 of	17468
the Revised Code, shall allocate annual operational funds for	17469
county juvenile programs, institutional care and custody,	17470
community corrections facilities care and custody, and	17471
administrative expenses incurred by the department associated with	17472
felony delinquent care and custody programs. The department, with	17473
the advice of the RECLAIM advisory committee, shall adjust these	17474
allocations, when modifications to this line item are made by	17475
legislative or executive action.	17476

(C) The department shall divide county juvenile program	17477
allocations among county juvenile courts that administer programs	17478
and services for prevention, early intervention, diversion,	17479
treatment, and rehabilitation that are provided for alleged or	17480
adjudicated unruly or delinquent children or for children who are	17481
at risk of becoming unruly or delinquent children. The department	17482
shall base funding on the county's previous year's ratio of the	17483
department's institutional and community ~~correctional~~corrections	17484
facilities commitments to that county's average of felony	17485
adjudications, as specified in the following formula:	17486

(1) The department shall give to each county a proportional	17487
allocation of commitment credits. The proportional allocation of	17488
commitment credits shall be calculated by the following	17489
procedures:	17490

(a) The department shall determine for each county and for	17491
the state an average of felony adjudications. Beginning July 1,	17492
2012, the average shall include felony adjudications for fiscal	17493
year 2007 and for each subsequent fiscal year through fiscal year	17494
2016. Beginning July 1, 2017, the most recent felony adjudication	17495
data shall be included and the oldest fiscal year data shall be	17496
removed so that a ten-year average of felony adjudication data	17497
will be maintained.	17498

(b) The department shall determine for each county and for	17499
the state the number of charged bed days, for both the department	17500
and community ~~correctional~~corrections facilities, from the	17501
previous year.	17502

(c) The department shall divide the statewide total number of	17503
charged bed days by the statewide total number of felony	17504
adjudications, which quotient shall then be multiplied by a factor	17505
determined by the department.	17506

(d) The department shall calculate the county's allocation of	17507
credits by multiplying the number of adjudications for each court	17508
by the result determined pursuant to division (C)(1)(c) of this	17509
section.	17510

(2) The department shall subtract from the allocation	17511
determined pursuant to division (C)(1) of this section a credit	17512
for every chargeable bed day while a youth ~~stays~~is in a	17513
~~department institution~~the department's custody and two-thirds of	17514
credit for every chargeable bed day a youth stays in a community	17515
~~correctional~~corrections facility, except for public safety beds.	17516
At the end of the year, the department shall divide the amount of	17517
remaining credits of that county's allocation by the total number	17518
of remaining credits to all counties, to determine the county's	17519
percentage, which shall then be applied to the total county	17520
allocation to determine the county's payment for the fiscal year.	17521

(3) The department shall pay counties three times during the	17522
fiscal year to allow for credit reporting and audit adjustments,	17523
and modifications to the appropriated line item for the care and	17524
custody of felony delinquents, as described in this section. The	17525
department shall pay fifty per cent of the payment by the	17526
fifteenth of July of each fiscal year, twenty-five per cent by the	17527
fifteenth of January of that fiscal year, and twenty-five per cent	17528
of the payment by the fifteenth of June of that fiscal year.	17529

Sec. 5139.45. (A) As used in this section:

17530

(1) "Institution" means a state facility that is created by	17531
the general assembly and that is under the management and control	17532
of the department of youth services or a private entity with which	17533
the department has contracted for the institutional care and	17534
custody of felony delinquents.	17535

(2) "Quality assurance program" means a comprehensive program	17536
within the department of youth services to systematically review	17537
and improve the quality of programming, operations, education,	17538
medical and mental health services within the department and the	17539
department's institutions, the safety and security of persons	17540
receiving care and services within the department and the	17541
department's institutions, and the efficiency and effectiveness of	17542
the utilization of staff and resources in the delivery of services	17543
within the department and the department's institutions.	17544

(3) "Quality assurance program activities" means the	17545
activities of the institution and the office of quality assurance	17546
and improvement, of persons who provide, collect, or compile	17547
information and reports required by the office of quality	17548
assurance and improvement, and of persons who receive, review, or	17549
implement the recommendations made by the office of quality	17550
assurance and improvement. "Quality assurance program activities"	17551
include credentialing, infection control, utilization review	17552
including access to patient care, patient care assessments,	17553
medical and mental health records, medical and mental health	17554
resource management, mortality and morbidity review, and	17555
identification and prevention of medical or mental health	17556
incidents and risks, whether performed by the office of quality	17557
assurance and improvement or by persons who are directed by the	17558
office of quality assurance and improvement.	17559

(4) "Quality assurance record" means the proceedings,	17560
records, minutes, and reports that result from quality assurance	17561
program activities. "Quality assurance record" does not include	17562
aggregate statistical information that does not disclose the	17563
identity of persons receiving or providing services in	17564
institutions.	17565

(B) The office of quality assurance and improvement is hereby	17566
created as an office in the department of youth services. The	17567
director of youth services shall appoint a managing officer to	17568
carry out quality assurance program activities.	17569

(C)(1) Except as otherwise provided in division (F) of this	17570
section, quality assurance records are confidential and are not	17571
public records under section 149.43 of the Revised Code and shall	17572
be used only in the course of the proper functions of a quality	17573
assurance program.	17574

(2) Except as provided in division (F) of this section, no	17575
person who possesses or has access to quality assurance records	17576
and who knows that the records are quality assurance records shall	17577
willfully disclose the contents of the records to any person or	17578
entity.	17579

(D)(1) Except as otherwise provided in division (F) of this	17580
section, a quality assurance record is not subject to discovery	17581
and is not admissible as evidence in any judicial or	17582
administrative proceeding.	17583

(2) Except as provided in division (F) of this section, no	17584
employee of the office of quality assurance and improvement or a	17585
person who is performing a function that is part of a quality	17586
assurance program shall be permitted or required to testify in a	17587
judicial or administrative proceeding with respect to a quality	17588
assurance record or with respect to any finding, recommendation,	17589
evaluation, opinion, or other action taken by the office or	17590
program or by the person within the scope of the quality assurance	17591
program.	17592

(3) Information, documents, or records otherwise available	17593
from original sources shall not be unavailable for discovery or	17594
inadmissible as evidence in a judicial or administrative	17595
proceeding under division (D)(1) of this section merely because	17596
they were presented to the office of quality assurance and	17597
improvement. No person who is an employee of the office of quality	17598
assurance and improvement shall be prohibited from testifying as	17599
to matters within the person's knowledge, but the person shall not	17600
be asked about an opinion formed by the person as a result of the	17601
person's quality assurance program activities.	17602

(E)(1) A person who, without malice and in the reasonable	17603
belief that the information is warranted by the facts known to the	17604
person, provides information to a person engaged in quality	17605
assurance program activities is not liable for damages in a civil	17606
action for injury, death, or loss to person or property as a	17607
result of providing the information.	17608

(2) An employee of the office of quality assurance and	17609
improvement, a person engaged in quality assurance program	17610
activities, or an employee of the department of youth services	17611
shall not be liable in damages in a civil action for injury,	17612
death, or loss to person or property for any acts, omissions,	17613
decisions, or other conduct within the scope of the functions of	17614
the quality assurance program.	17615

(3) Nothing in this section shall relieve any institution	17616
from liability arising from the treatment of a patient.	17617

(F) Quality assurance records may be disclosed, and testimony	17618
may be provided concerning quality assurance records, only to the	17619
following persons or entities or under the following	17620
circumstances:	17621

(1) Persons who are employed or retained by the department of	17622
youth services and who have the authority to evaluate or implement	17623
the recommendations of an institution or the office of quality	17624
assurance and improvement;	17625

(2) Public or private agencies or organizations if needed to	17626
perform a licensing or accreditation function related to	17627
institutions or to perform monitoring of institutions as required	17628
by law;	17629

(3) A governmental board or agency, a professional health	17630
care society or organization, or a professional standards review	17631
organization, if the records or testimony are needed to perform	17632
licensing, credentialing, or monitoring of professional standards	17633
with respect to medical or mental health professionals employed or	17634
retained by the department;	17635

(4) A criminal or civil law enforcement agency or public	17636
health agency charged by law with the protection of public health	17637
or safety, if a qualified representative of the agency makes a	17638
written request stating that the records or testimony are	17639
necessary for a purpose authorized by law;	17640

(5) In a judicial or administrative proceeding commenced by	17641
an entity described in division (F)(3) or (4) of this section for	17642
a purpose described in that division but only with respect to the	17643
subject of the proceedings.	17644

(G) A disclosure of quality assurance records pursuant to	17645
division (F) of this section does not otherwise waive the	17646
confidential and privileged status of the disclosed quality	17647
assurance records. The names and other identifying information	17648
regarding individual patients or employees of the office of	17649
quality assurance and improvement contained in a quality assurance	17650
record shall be redacted from the record prior to the disclosure	17651
of the record unless the identity of an individual is necessary	17652
for the purpose for which the disclosure is being made and does	17653
not constitute a clearly unwarranted invasion of personal privacy.	17654

Sec. 5164.34. (A) As used in this section:

17655

(1) "Criminal records check" has the same meaning as in	17656
section 109.572 of the Revised Code.	17657

(2) "Disqualifying offense" means any of the offenses listed	17658
or described in divisions (A)(3)(a) to (e) of section 109.572 of	17659
the Revised Code.	17660

(3) "Owner" means a person who has an ownership interest in a	17661
medicaid provider in an amount designated in rules authorized by	17662
this section.	17663

(4) "Person subject to the criminal records check	17664
requirement" means the following:	17665

(a) A medicaid provider who is notified under division (E)(1)	17666
of this section that the provider is subject to a criminal records	17667
check;	17668

(b) An owner or prospective owner, officer or prospective	17669
officer, or board member or prospective board member of a medicaid	17670
provider if, pursuant to division (E)(1)(a) of this section, the	17671
owner or prospective owner, officer or prospective officer, or	17672
board member or prospective board member is specified in	17673
information given to the provider under division (E)(1) of this	17674
section;	17675

(c) An employee or prospective employee of a medicaid	17676
provider if both of the following apply:	17677

(i) The employee or prospective employee is specified,	17678
pursuant to division (E)(1)(b) of this section, in information	17679
given to the provider under division (E)(1) of this section.	17680

(ii) The provider is not prohibited by division (D)(3)(b) of	17681
this section from employing the employee or prospective employee.	17682

(5) "Responsible entity" means the following:

17683

(a) With respect to a criminal records check required under	17684
this section for a medicaid provider, the department of medicaid	17685
or the department's designee;	17686

(b) With respect to a criminal records check required under	17687
this section for an owner or prospective owner, officer or	17688
prospective officer, board member or prospective board member, or	17689
employee or prospective employee of a medicaid provider, the	17690
provider.	17691

(B) This section does not apply to any individual who is	17692
subject to a criminal records check under section 3712.09,	17693
3721.121, 5123.081, 5123.169, or 5164.341 of the Revised Code or	17694
any individual who is subject to a database review or criminal	17695
records check under section 173.38, 3701.881, or 5164.342 of the	17696
Revised Code.	17697

17698

(1) Require that any medicaid provider submit to a criminal	17699
records check as a condition of obtaining or maintaining a	17700
provider agreement;	17701

(2) Require that any medicaid provider require an owner or	17702
prospective owner, officer or prospective officer, or board member	17703
or prospective board member of the provider submit to a criminal	17704
records check as a condition of being an owner, officer, or board	17705
member of the provider;	17706

(3) Require that any medicaid provider do the following:

17707

(a) If so required by rules authorized by this section,	17708
determine pursuant to a database review conducted under division	17709
(F)(1)(a) of this section whether any employee or prospective	17710
employee of the provider is included in a database;	17711

(b) Unless the provider is prohibited by division (D)(3)(b)	17712
of this section from ~~employing~~retaining the employee or hiring	17713
the prospective employee, require the employee or prospective	17714
employee to submit to a criminal records check as a condition of	17715
being retained as an employee of, or hired by, the provider.	17716

(D)(1) The department or the department's designee shall deny	17717
or terminate a medicaid provider's provider agreement if the	17718
provider is a person subject to the criminal records check	17719
requirement and either of the following applies:	17720

(a) The provider fails to obtain the criminal records check	17721
after being given the information specified in division (G)(1) of	17722
this section.	17723

(b) Except as provided in rules authorized by this section,	17724
the provider is found by the criminal records check to have been	17725
convicted of or have pleaded guilty to a disqualifying offense,	17726
regardless of the date of the conviction or the date of entry of	17727
the guilty plea.	17728

(2) No medicaid provider shall permit a person to be an	17729
owner, officer, or board member of the provider if the person is a	17730
person subject to the criminal records check requirement and	17731
either of the following applies:	17732

(a) The person fails to obtain the criminal records check	17733
after being given the information specified in division (G)(1) of	17734
this section.	17735

(b) Except as provided in rules authorized by this section,	17736
the person is found by the criminal records check to have been	17737
convicted of or have pleaded guilty to a disqualifying offense,	17738
regardless of the date of the conviction or the date of entry of	17739
the guilty plea.	17740

(3) No medicaid provider shall ~~employ~~retain as an employee	17741
or hire a person if any of the following apply:	17742

(a) The person has been excluded from being a medicaid	17743
provider, a medicare provider, or provider for any other federal	17744
health care program.	17745

(b) If the person is subject to a database review conducted	17746
under division (F)(1)(a) of this section, the person is found by	17747
the database review to be included in a database and the rules	17748
authorized by this section regarding the database review prohibit	17749
the provider from ~~employing~~retaining as an employee or hiring a	17750
person included in the database.	17751

(c) If the person is a person subject to the criminal records	17752
check requirement, either of the following applies:	17753

(i) The person fails to obtain the criminal records check	17754
after being given the information specified in division (G)(1) of	17755
this section.	17756

(ii) Except as provided in rules authorized by this section,	17757
the person is found by the criminal records check to have been	17758
convicted of or have pleaded guilty to a disqualifying offense,	17759
regardless of the date of the conviction or the date of entry of	17760
the guilty plea.	17761

(E)(1) The department or the department's designee shall	17762
inform each medicaid provider whether the provider is subject to a	17763
criminal records check. For providers with valid provider	17764
agreements, the information shall be given at times designated in	17765
rules authorized by this section. For providers applying to be	17766
medicaid providers, the information shall be given at the time of	17767
initial application. When the information is given, the department	17768
or the department's designee shall specify the following:	17769

(a) Which of the provider's owners or prospective owners,	17770
officers or prospective officers, or board members or prospective	17771
board members are subject to a criminal records check;	17772

(b) Which of the provider's employees or prospective	17773
employees are subject to division (C)(3) of this section.	17774

(2) At times designated in rules authorized by this section,	17775
a medicaid provider that is a person subject to the criminal	17776
records check requirement shall do the following:	17777

(a) Inform each person specified under division (E)(1)(a) of	17778
this section that the person is required to submit to a criminal	17779
records check as a condition of being an owner, officer, or board	17780
member of the provider;	17781

(b) Inform each person specified under division (E)(1)(b) of	17782
this section that the person is subject to division (C)(3) of this	17783
section.	17784

(F)(1) If a medicaid provider is a person subject to the	17785
criminal records check requirement, the department or the	17786
department's designee shall require the conduct of a criminal	17787
records check by the superintendent of the bureau of criminal	17788
identification and investigation. A medicaid provider shall	17789
require the conduct of a criminal records check by the	17790
superintendent with respect to each of the persons specified under	17791
division (E)(1)(a) of this section. With respect to each employee	17792
and prospective employee specified under division (E)(1)(b) of	17793
this section, a medicaid provider shall do the following:	17794

(a) If rules authorized by this section require the provider	17795
to conduct a database review to determine whether the employee or	17796
prospective employee is included in a database, conduct the	17797
database review in accordance with the rules;	17798

(b) Unless the provider is prohibited by division (D)(3)(b)	17799
of this section from ~~employing~~retaining the employee or hiring	17800
the prospective employee, require the conduct of a criminal	17801
records check of the employee or prospective employee by the	17802
superintendent.	17803

(2) If a person subject to the criminal records check	17804
requirement does not present proof of having been a resident of	17805
this state for the five-year period immediately prior to the date	17806
the criminal records check is requested or provide evidence that	17807
within that five-year period the superintendent has requested	17808
information about the person from the federal bureau of	17809
investigation in a criminal records check, the responsible entity	17810
shall require the person to request that the superintendent obtain	17811
information from the federal bureau of investigation as part of	17812
the criminal records check of the person. Even if the person	17813
presents proof of having been a resident of this state for the	17814
five-year period, the responsible entity may require that the	17815
person request that the superintendent obtain information from the	17816
federal bureau of investigation and include it in the criminal	17817
records check of the person.	17818

(G) Criminal records checks required by this section shall be	17819
obtained as follows:	17820

(1) The responsible entity shall provide each person subject	17821
to the criminal records check requirement information about	17822
accessing and completing the form prescribed pursuant to division	17823
(C)(1) of section 109.572 of the Revised Code and the standard	17824
impression sheet prescribed pursuant to division (C)(2) of that	17825
section.	17826

(2) The person subject to the criminal records check	17827
requirement shall submit the required form and one complete set of	17828
the person's fingerprint impressions directly to the	17829
superintendent for purposes of conducting the criminal records	17830
check using the applicable methods prescribed by division (C) of	17831
section 109.572 of the Revised Code. The person shall pay all fees	17832
associated with obtaining the criminal records check.	17833

(3) The superintendent shall conduct the criminal records	17834
check in accordance with section 109.572 of the Revised Code. The	17835
person subject to the criminal records check requirement shall	17836
instruct the superintendent to submit the report of the criminal	17837
records check directly to the responsible entity. If the	17838
department or the department's designee is not the responsible	17839
entity, the department or designee may require the responsible	17840
entity to submit the report to the department or designee.	17841

(H)(1) A medicaid provider may ~~employ~~ conditionally hire a	17842
person for whom a criminal records check is required by this	17843
section prior to obtaining the results of the criminal records	17844
check if both of the following apply:	17845

(a) The provider is not prohibited by division (D)(3)(b) of	17846
this section from ~~employing~~hiring the person.	17847

(b) The person submits a request for the criminal records	17848
check not later than five business days after the provider	17849
conditionally hires the person ~~begins conditional employment~~.	17850

(2) A medicaid provider that ~~employs a person~~ conditionally	17851
hires a person under division (H)(1) of this section shall	17852
~~terminate the person's employment~~remove the conditionally hired	17853
person from any job duties that require a criminal records check	17854
if the results of the criminal records check request are not	17855
obtained within the period ending sixty days after the date the	17856
request is made. ~~Regardless~~	17857

Regardless of when the results of the criminal records check	17858
are obtained, if the results indicate that the conditionally hired	17859
person has been convicted of or has pleaded guilty to a	17860
disqualifying offense, the provider shall terminate the	17861
conditionally hired person's employment unless circumstances	17862
specified in rules authorized by this section exist that permit	17863
the provider to ~~employ~~hire the person and the provider chooses to	17864
~~employ~~hire the person.	17865

(I) The report of a criminal records check conducted pursuant	17866
to this section is not a public record for the purposes of section	17867
149.43 of the Revised Code and shall not be made available to any	17868
person other than the following:	17869

(1) The person who is the subject of the criminal records	17870
check or the person's representative;	17871

(2) The medicaid director and the staff of the department who	17872
are involved in the administration of the medicaid program;	17873

(3) The department's designee;

17874

(4) The medicaid provider who required the person who is the	17875
subject of the criminal records check to submit to the criminal	17876
records check;	17877

(5) An individual receiving or deciding whether to receive,	17878
from the subject of the criminal records check, home and	17879
community-based services available under the medicaid state plan;	17880

(6) A court, hearing officer, or other necessary individual	17881
involved in a case dealing with any of the following:	17882

(a) The denial or termination of a provider agreement;

17883

(b) A ~~person's~~ denial of ~~employment~~hiring of a person or	17884
retention of a person, termination of a person's employment, or a	17885
person's employment or unemployment benefits;	17886

(c) A civil or criminal action regarding the medicaid	17887
program.	17888

(J) The medicaid director may adopt rules under section	17889
5164.02 of the Revised Code to implement this section. If the	17890
director adopts such rules, the rules shall designate the times at	17891
which a criminal records check must be conducted under this	17892
section. The rules may do any of the following:	17893

(1) Designate the categories of persons who are subject to a	17894
criminal records check under this section;	17895

(2) Specify circumstances under which the department or the	17896
department's designee may continue a provider agreement or issue a	17897
provider agreement when the medicaid provider is found by a	17898
criminal records check to have been convicted of,or pleaded	17899
guilty to~~, or been found eligible for intervention in lieu of~~	17900
~~conviction for~~ a disqualifying offense;	17901

(3) Specify circumstances under which a medicaid provider may	17902
permit a person to be hired by, be retained as an employee of, or	17903
be an owner, officer, or board member of the provider when the	17904
person is found by a criminal records check conducted pursuant to	17905
this section to have been convicted of or have pleaded guilty to a	17906
disqualifying offense;	17907

(4) Specify all of the following:

17908

(a) The circumstances under which a database review must be	17909
conducted under division (F)(1)(a) of this section to determine	17910
whether an employee or prospective employee of a medicaid provider	17911
is included in a database;	17912

(b) The procedures for conducting the database review;

17913

17914

(d) The circumstances under which a medicaid provider is	17915
prohibited from ~~employing~~retaining as an employee or hiring a	17916
person who is found by the database review to be included in a	17917
database.	17918

Sec. 5164.342. (A) As used in this section:

17919

"Applicant" means a person who is under final consideration	17920
for ~~employment with~~hiring by a waiver agency in a full-time,	17921
part-time, or temporary position that involves providing home and	17922
community-based services.	17923

"Community-based long-term care provider" means a provider as	17924
defined in section 173.39 of the Revised Code.	17925

"Community-based long-term care subcontractor" means a	17926
subcontractor as defined in section 173.38 of the Revised Code.	17927

"Criminal records check" has the same meaning as in section	17928
109.572 of the Revised Code.	17929

"Disqualifying offense" means any of the offenses listed or	17930
described in divisions (A)(3)(a) to (e) of section 109.572 of the	17931
Revised Code.	17932

"Employee" means a person employed by a waiver agency in a	17933
full-time, part-time, or temporary position that involves	17934
providing home and community-based services.	17935

"Waiver agency" means a person or government entity that	17936
provides home and community-based services under a home and	17937
community-based services medicaid waiver component administered by	17938
the department of medicaid, other than such a person or government	17939
entity that is certified under the medicare program. "Waiver	17940
agency" does not mean an independent provider as defined in	17941
section 5164.341 of the Revised Code.	17942

(B) This section does not apply to any individual who is	17943
subject to a database review or criminal records check under	17944
section 3701.881 of the Revised Code. If a waiver agency also is a	17945
community-based long-term care provider or community-based	17946
long-term care subcontractor, the waiver agency may provide for	17947
applicants and employees to undergo database reviews and criminal	17948
records checks in accordance with section 173.38 of the Revised	17949
Code rather than this section.	17950

(C) No waiver agency shall ~~employ~~hire an applicant or	17951
~~continue to employ~~retain an employee in a position that involves	17952
providing home and community-based services if any of the	17953
following apply:	17954

(1) A review of the databases listed in division (E) of this	17955
section reveals any of the following:	17956

(a) That the applicant or employee is included in one or more	17957
of the databases listed in divisions (E)(1) to (5) of this	17958
section;	17959

(b) That there is in the state nurse aide registry	17960
established under section 3721.32 of the Revised Code a statement	17961
detailing findings by the director of health that the applicant or	17962
employee neglected or abused a long-term care facility or	17963
residential care facility resident or misappropriated property of	17964
such a resident;	17965

(c) That the applicant or employee is included in one or more	17966
of the databases, if any, specified in rules authorized by this	17967
section and the rules prohibit the waiver agency from ~~employing~~	17968
hiring an applicant or ~~continuing to employ~~retaining an employee	17969
included in such a database in a position that involves providing	17970
home and community-based services.	17971

(2) After the applicant or employee is given the information	17972
and notification required by divisions (F)(2)(a) and (b) of this	17973
section, the applicant or employee fails to do either of the	17974
following:	17975

(a) Access, complete, or forward to the superintendent of the	17976
bureau of criminal identification and investigation the form	17977
prescribed to division (C)(1) of section 109.572 of the Revised	17978
Code or the standard impression sheet prescribed pursuant to	17979
division (C)(2) of that section;	17980

(b) Instruct the superintendent to submit the completed	17981
report of the criminal records check required by this section	17982
directly to the chief administrator of the waiver agency.	17983

(3) Except as provided in rules authorized by this section,	17984
the applicant or employee is found by a criminal records check	17985
required by this section to have been convicted of or have pleaded	17986
guilty to a disqualifying offense, regardless of the date of the	17987
conviction or date of entry of the guilty plea.	17988

(D) At the time of each applicant's initial application for	17989
~~employment in~~hiring into a position that involves providing home	17990
and community-based services, the chief administrator of a waiver	17991
agency shall inform the applicant of both of the following:	17992

(1) That a review of the databases listed in division (E) of	17993
this section will be conducted to determine whether the waiver	17994
agency is prohibited by division (C)(1) of this section from	17995
~~employing~~hiring the applicant ininto the position;	17996

(2) That, unless the database review reveals that the	17997
applicant may not be ~~employed in~~hired into the position, a	17998
criminal records check of the applicant will be conducted and the	17999
applicant is required to provide a set of the applicant's	18000
fingerprint impressions as part of the criminal records check.	18001

(E) As a condition ~~of employing~~for hiring any applicant in	18002
into a position that involves providing home and community-based	18003
services, the chief administrator of a waiver agency shall conduct	18004
a database review of the applicant in accordance with rules	18005
authorized by this section. If rules authorized by this section so	18006
require, the chief administrator of a waiver agency shall conduct	18007
a database review of an employee in accordance with the rules as a	18008
condition of ~~continuing to employ~~retaining the employee in a	18009
position that involves providing home and community-based	18010
services. A database review shall determine whether the applicant	18011
or employee is included in any of the following:	18012

(1) The excluded parties list system that is maintained by	18013
the United States general services administration pursuant to	18014
subpart 9.4 of the federal acquisition regulation and available at	18015
the federal web site known as the system for award management;	18016

(2) The list of excluded individuals and entities maintained	18017
by the office of inspector general in the United States department	18018
of health and human services pursuant to the "Social Security	18019
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;	18020

(3) The registry of MR/DD employees established under section	18021
5123.52 of the Revised Code;	18022

(4) The internet-based sex offender and child-victim offender	18023
database established under division (A)(11) of section 2950.13 of	18024
the Revised Code;	18025

(5) The internet-based database of inmates established under	18026
section 5120.66 of the Revised Code;	18027

(6) The state nurse aide registry established under section	18028
3721.32 of the Revised Code;	18029

(7) Any other database, if any, specified in rules authorized	18030
by this section.	18031

(F)(1) As a condition ~~of employing~~for hiring any applicant	18032
ininto a position that involves providing home and	18033
community-based services, the chief administrator of a waiver	18034
agency shall require the applicant to request that the	18035
superintendent of the bureau of criminal identification and	18036
investigation conduct a criminal records check of the applicant.	18037
If rules authorized by this section so require, the chief	18038
administrator of a waiver agency shall require an employee to	18039
request that the superintendent conduct a criminal records check	18040
of the employee at times specified in the rules as a condition of	18041
~~continuing to employ~~for retaining the employee in a position that	18042
involves providing home and community-based services. However, a	18043
criminal records check is not required for an applicant or	18044
employee if the waiver agency is prohibited by division (C)(1) of	18045
this section from ~~employing~~hiring the applicant or ~~continuing to~~	18046
~~employ~~retaining the employee in a position that involves	18047
providing home and community-based services. If an applicant or	18048
employee for whom a criminal records check request is required by	18049
this section does not present proof of having been a resident of	18050
this state for the five-year period immediately prior to the date	18051
the criminal records check is requested or provide evidence that	18052
within that five-year period the superintendent has requested	18053
information about the applicant or employee from the federal	18054
bureau of investigation in a criminal records check, the chief	18055
administrator shall require the applicant or employee to request	18056
that the superintendent obtain information from the federal bureau	18057
of investigation as part of the criminal records check. Even if an	18058
applicant or employee for whom a criminal records check request is	18059
required by this section presents proof of having been a resident	18060
of this state for the five-year period, the chief administrator	18061
may require the applicant or employee to request that the	18062
superintendent include information from the federal bureau of	18063
investigation in the criminal records check.	18064

(2) The chief administrator shall provide the following to	18065
each applicant and employee for whom a criminal records check is	18066
required by this section:	18067

(a) Information about accessing, completing, and forwarding	18068
to the superintendent of the bureau of criminal identification and	18069
investigation the form prescribed pursuant to division (C)(1) of	18070
section 109.572 of the Revised Code and the standard impression	18071
sheet prescribed pursuant to division (C)(2) of that section;	18072

(b) Written notification that the applicant or employee is to	18073
instruct the superintendent to submit the completed report of the	18074
criminal records check directly to the chief administrator.	18075

(3) A waiver agency shall pay to the bureau of criminal	18076
identification and investigation the fee prescribed pursuant to	18077
division (C)(3) of section 109.572 of the Revised Code for any	18078
criminal records check required by this section. However, a waiver	18079
agency may require an applicant to pay to the bureau the fee for a	18080
criminal records check of the applicant. If the waiver agency pays	18081
the fee for an applicant, it may charge the applicant a fee not	18082
exceeding the amount the waiver agency pays to the bureau under	18083
this section if the waiver agency notifies the applicant at the	18084
time of initial application for ~~employment~~hiring into the	18085
position in question of the amount of the fee and that, unless the	18086
fee is paid, the applicant will not be considered for ~~employment~~	18087
the hiring.	18088

(G)(1) A waiver agency may ~~employ~~ conditionally hire an	18089
applicant for whom a criminal records check is required by this	18090
section prior to obtaining the results of the criminal records	18091
check if both of the following apply:	18092

(a) The waiver agency is not prohibited by division (C)(1) of	18093
this section from ~~employing~~hiring the applicant in a position	18094
that involves providing home and community-based services.	18095

(b) The chief administrator of the waiver agency requires the	18096
applicant to request a criminal records check regarding the	18097
applicant in accordance with division (F)(1) of this section not	18098
later than five business days after the waiver agency	18099
conditionally hires the applicant ~~begins conditional employment~~.	18100

(2) A waiver agency that ~~employs~~conditionally hires an	18101
applicant ~~conditionally~~ under division (G)(1) of this section	18102
shall ~~terminate the applicant's employment~~remove the	18103
conditionally hired applicant from any job duties that require a	18104
criminal records check if the results of the criminal records	18105
check, other than the results of any request for information from	18106
the federal bureau of investigation, are not obtained within the	18107
period ending sixty days after the date the request for the	18108
criminal records check is made. ~~Regardless~~	18109

Regardless of when the results of the criminal records check	18110
are obtained, if the results indicate that the conditionally hired	18111
applicant has been convicted of or has pleaded guilty to a	18112
disqualifying offense, the waiver agency shall terminate the	18113
conditionally hired applicant's employment unless circumstances	18114
specified in rules authorized by this section exist that permit	18115
the waiver agency to ~~employ~~hire the applicant and the waiver	18116
agency chooses to ~~employ~~hire the applicant.	18117

(H) The report of any criminal records check conducted	18118
pursuant to a request made under this section is not a public	18119
record for the purposes of section 149.43 of the Revised Code and	18120
shall not be made available to any person other than the	18121
following:	18122

(1) The applicant or employee who is the subject of the	18123
criminal records check or the representative of the applicant or	18124
employee;	18125

(2) The chief administrator of the waiver agency that	18126
requires the applicant or employee to request the criminal records	18127
check or the administrator's representative;	18128

(3) The medicaid director and the staff of the department who	18129
are involved in the administration of the medicaid program;	18130

(4) The director of aging or the director's designee if the	18131
waiver agency also is a community-based long-term care provider or	18132
community-based long-term care subcontractor;	18133

(5) An individual receiving or deciding whether to receive	18134
home and community-based services from the subject of the criminal	18135
records check;	18136

(6) A court, hearing officer, or other necessary individual	18137
involved in a case dealing with any of the following:	18138

(a) A denial of ~~employment~~hiring of the applicant or of	18139
retention of the employee;	18140

(b) Employment or unemployment benefits of the applicant or	18141
employee;	18142

(c) A civil or criminal action regarding the medicaid	18143
program.	18144

(I) The medicaid director shall adopt rules under section	18145
5164.02 of the Revised Code to implement this section.	18146

(1) The rules may do the following:

18147

(a) Require employees to undergo database reviews and	18148
criminal records checks under this section;	18149

(b) If the rules require employees to undergo database	18150
reviews and criminal records checks under this section, exempt one	18151
or more classes of employees from the requirements;	18152

(c) For the purpose of division (E)(7) of this section,	18153
specify other databases that are to be checked as part of a	18154
database review conducted under this section.	18155

(2) The rules shall specify all of the following:

18156

(a) The procedures for conducting a database review under	18157
this section;	18158

(b) If the rules require employees to undergo database	18159
reviews and criminal records checks under this section, the times	18160
at which the database reviews and criminal records checks are to	18161
be conducted;	18162

(c) If the rules specify other databases to be checked as	18163
part of a database review, the circumstances under which a waiver	18164
agency is prohibited from ~~employing~~hiring an applicant or	18165
~~continuing to employ~~retaining an employee who is found by the	18166
database review to be included in one or more of those databases;	18167

(d) The circumstances under which a waiver agency may ~~employ~~	18168
hire an applicant or retain an employee who is found by a criminal	18169
records check required by this section to have been convicted of	18170
or have pleaded guilty to a disqualifying offense.	18171

(J) The amendments made by H.B. 487 of the 129th general	18172
assembly to this section do not preclude the department of	18173
medicaid from taking action against a person for failure to comply	18174
with former division (H) of this section as that division existed	18175
on the day preceding January 1, 2013.	18176

Sec. 5513.01. (A) ~~All~~The director of transportation shall	18177
make all purchases of machinery, materials, supplies, or other	18178
articles ~~that the director of transportation makes shall be~~ in the	18179
manner provided in this section. In all cases except those in	18180
which the director provides written authorization for purchases by	18181
district deputy directors of transportation, the director shall	18182
make all such purchases ~~shall be made~~ at the central office of the	18183
department of transportation in Columbus. Before making any	18184
purchase at that office, the director, as provided in this	18185
section, shall give notice to bidders of the director's intention	18186
to purchase. Where the expenditure does not exceed the amount	18187
applicable to the purchase of supplies specified in division (B)	18188
of section 125.05 of the Revised Code, as adjusted pursuant to	18189
division (D) of that section, the director shall give such notice	18190
as the director considers proper, or the director may make the	18191
purchase without notice. Where the expenditure exceeds the amount	18192
applicable to the purchase of supplies specified in division (B)	18193
of section 125.05 of the Revised Code, as adjusted pursuant to	18194
division (D) of that section, the director shall give notice by	18195
posting for not less than ten days a written, typed, or printed	18196
invitation to bidders on a bulletin board~~, which~~. The director	18197
shall ~~be located~~locate the notice in a place in the offices	18198
assigned to the department and open to the public during business	18199
hours. ~~Producers~~	18200

Producers or distributors of any product may notify the	18201
director, in writing, of the class of articles for the furnishing	18202
of which they desire to bid and their post-office addresses~~, in~~	18203
~~which case~~. In that circumstance, the director shall mail copies	18204
of all invitations to bidders relating to the purchase of such	18205
articles ~~shall be mailed~~ to such persons ~~by the director~~ by	18206
regular first class mail at least ten days prior to the time fixed	18207
for taking bids. The director also may mail copies of all	18208
invitations to bidders to news agencies or other agencies or	18209
organizations distributing information of this character. Requests	18210
for invitations ~~shall~~are not be valid ~~nor~~and do not require	18211
action by the director unless renewed by the director, either	18212
annually or after such shorter period as the director may	18213
prescribe by a general rule. ~~The~~	18214

The director shall include in an invitation to bidders ~~shall~~	18215
~~contain~~ a brief statement of the general character of the article	18216
that it is intended to purchase, the approximate quantity desired,	18217
and a statement of the time and place where bids will be received,	18218
and may relate to and describe as many different articles as the	18219
director thinks proper, it being the intent and purpose of this	18220
section to authorize the inclusion in a single invitation of as	18221
many different articles as the director desires to invite bids	18222
upon at any given time. ~~Invitations~~The director shall give	18223
invitations issued during each calendar year ~~shall be given~~	18224
consecutive numbers, and ensure that the number assigned to each	18225
invitation ~~shall appear~~appears on all copies thereof. In all	18226
cases where notice is required by this section, the director shall	18227
require sealed bids ~~shall be taken~~, on forms prescribed and	18228
furnished by the director~~, and~~. The director shall not permit the	18229
modification of bids after they have been opened ~~shall not be~~	18230
~~permitted~~.	18231

(B) The director may permit the Ohio turnpike and	18232
infrastructure commission, any political subdivision, and any	18233
state university or college to participate in contracts into which	18234
the director has entered for the purchase of machinery, materials,	18235
supplies, or other articles. The turnpike and infrastructure	18236
commission and any political subdivision or state university or	18237
college desiring to participate in such purchase contracts shall	18238
file with the director a certified copy of the bylaws or rules of	18239
the turnpike and infrastructure commission or the ordinance or	18240
resolution of the legislative authority, board of trustees, or	18241
other governing board requesting authorization to participate in	18242
such contracts and agreeing to be bound by such terms and	18243
conditions as the director prescribes. Purchases made by the	18244
turnpike and infrastructure commission, political subdivisions, or	18245
state universities or colleges under this division are exempt from	18246
any competitive bidding required by law for the purchase of	18247
machinery, materials, supplies, or other articles.	18248

18249

(1) "Political subdivision" means any county, township,	18250
municipal corporation, conservancy district, township park	18251
district, park district created under Chapter 1545. of the Revised	18252
Code, port authority, regional transit authority, regional airport	18253
authority, regional water and sewer district, county transit	18254
board, or school district as defined in section 5513.04 of the	18255
Revised Code, regional planning commission formed under section	18256
713.21 of the Revised Code, regional council of government formed	18257
under section 167.01 of the Revised Code, or other association of	18258
local governments established pursuant to an agreement under	18259
sections 307.14 to 307.19 of the Revised Code.	18260

(2) "State university or college" has the same meaning as in	18261
division (A)(1) of section 3345.32 of the Revised Code.	18262

(3) "Ohio turnpike and infrastructure commission" means the	18263
commission created by section 5537.02 of the Revised Code.	18264

Sec. 5713.012. (A) For purposes of this section:

18265

(1) "Mass appraisal project" means any sexennial reappraisal,	18266
triennial update, or other revaluation of all real property or the	18267
valuation of newly constructed real property in accordance with	18268
section 5713.01 of the Revised Code.	18269

(2) "Qualified project manager" means a person who plans,	18270
manages, coordinates, and controls the execution of a mass	18271
appraisal project under the direction of the county auditor and	18272
who has all of the following qualifications:	18273

(a) Has passed a comprehensive final examination that	18274
corresponds to a course, approved by the superintendent of real	18275
estate and professional licensing, that consists of at least	18276
thirty hours of instruction, quizzes, and learning aids. The	18277
superintendent shall not approve a course under this division that	18278
does not address the following topics in both the instruction and	18279
the examination:	18280

(i) Concepts and principles of mass appraisal as they relate	18281
to the assessment of real property for the purposes of ad valorem	18282
taxation;	18283

(ii) Methods of data collection and data management relative	18284
to parcels of real property, including modern alternative data	18285
collection methods and currently utilized computer-assisted mass	18286
appraisal systems;	18287

(iii) Assessment sales-ratio study including various measures	18288
of central tendency, the various measures of dispersion of data	18289
about the mean, median, and dollar-weighted mean, and the	18290
advantages and disadvantages of various analysis techniques;	18291

(iv) Traditional approaches of property valuation, including	18292
the cost approach, the sales comparison approach, and the income	18293
approach, as they are implemented in a mass appraisal project;	18294

(v) Methods and systems for model building and model	18295
calibration as related to mass appraisal of real property;	18296

(vi) Methods of production management and project analysis	18297
such as Gantt charts, program evaluation and review technique	18298
(PERT) charts, frequency distribution charts, line graphs, bar	18299
charts, and scatter diagrams, as they are utilized in the mass	18300
appraisal area.	18301

(b) Has completed at least seven hours of continuing	18302
education courses in mass appraisal during the two-year period	18303
immediately succeeding the year in which the person passed the	18304
examination required in division (A)(2)(a) of this section, and	18305
during each two-year period thereafter.	18306

(B)(1) The county auditor, in acting as the assessor of all	18307
real property in the auditor's county for taxation purposes in	18308
accordance with section 5713.01 of the Revised Code, shall involve	18309
at least one qualified project manager in each mass ~~assessment~~	18310
appraisal project that originates more than two years after the	18311
effective date of the enactment of this section by H.B. 487 of the	18312
129th general assembly, September 10, 2012.	18313

(2) The tax commissioner, beginning two years after the	18314
effective date of the enactment of this section by H.B. 487 of the	18315
129th general assembly, September 10, 2012, shall not approve any	18316
contract entered into by the auditor under division (E) of section	18317
5713.01 of the Revised Code, with a person to do all or any part	18318
of the work necessary to the performance of the auditor's duties	18319
as assessor unless that person designates an officer or employee	18320
of that person, with the appropriate credentials, to act as a	18321
qualified project manager.	18322

(3) The tax commissioner, beginning two years after the	18323
effective date of the enactment of this section by H.B. 487 of the	18324
129th general assembly, September 10, 2012, shall not include any	18325
person that has not designated an officer or employee, with the	18326
appropriate credentials, to act as a qualified project manager on	18327
a list generated by the commissioner for either of the following	18328
purposes:	18329

(a) To assist county auditors in selecting a person to do all	18330
or any part of the work necessary to the performance of the	18331
auditor's duties as assessor of all real property under section	18332
5713.01 of the Revised Code;	18333

(b) To assist the commissioner in the consideration of	18334
whether to approve or disapprove the auditor's application	18335
requesting authority to employ an appraisal firm or individual	18336
appraiser.	18337

(C) The superintendent of real estate and professional	18338
licensing shall adopt reasonable rules in accordance with Chapter	18339
119. of the Revised Code necessary for the implementation of this	18340
section, including rules establishing all of the following:	18341

(1) The form and manner by which persons may apply to the	18342
superintendent to offer a thirty-hour course or continuing	18343
education course as described in division (A)(2) of this section;	18344

(2) Standards to be used by the superintendent in approving a	18345
thirty-hour course or continuing education course described in	18346
division (A)(2) of this section;	18347

(3) Standards to be used in determining whether a person has	18348
successfully completed the examination and continuing education	18349
requirements described in division (A)(2) of this section;	18350

(4) The method and deadlines for transmitting to the tax	18351
commissioner all information necessary for the commissioner to	18352
determine a person's eligibility for inclusion on the	18353
commissioner's list of qualified project managers.	18354

Section 101.02. That existing sections 7.10, 7.16, 9.482,	18355
109.572, 109.5721, 111.15, 119.03, 122.121, 122.861, 124.32,	18356
125.13, 125.182, 126.21, 126.25, 149.38, 153.56, 164.26, 173.27,	18357
173.38, 191.01, 340.02, 340.021, 1321.535, 1321.55, 1322.03,	18358
1322.031, 1322.04, 1322.041, 1322.051, 1322.06, 1509.071, 1533.10,	18359
1533.11, 1533.12, 1711.50, 1711.53, 2151.417, 2151.421, 2152.19,	18360
2701.09, 2945.402, 3123.89, 3313.90, 3313.91, 3314.08, 3317.02,	18361
3317.0217, 3701.132, 3701.34, 3701.74, 3701.83, 3701.881,	18362
3702.511, 3702.52, 3702.526, 3702.71, 3702.74, 3702.75, 3702.91,	18363
3702.95, 3730.09, 3737.02, 4141.01, 4141.09, 4141.11, 4141.131,	18364
4141.20, 4141.25, 4141.26, 4141.28, 4141.29, 4141.35, 4511.191,	18365
4729.03, 4729.54, 4729.83, 4737.045, 4758.01, 4758.02, 4758.06,	18366
4758.16, 4758.20, 4758.21, 4758.23, 4758.24, 4758.26, 4758.28,	18367
4758.29, 4758.30, 4758.31, 4758.35, 4758.36, 4758.50, 4758.51,	18368
4758.60, 4758.71, 4781.121, 4781.29, 4905.01, 4905.81, 4905.95,	18369
4923.01, 4923.02, 4923.04, 4928.66, 5104.03, 5123.01, 5123.011,	18370
5123.012, 5123.081, 5123.16, 5123.162, 5123.169, 5123.19,	18371
5123.191, 5123.21, 5123.61, 5123.75, 5123.76, 5123.89, 5124.01,	18372
5124.106, 5124.21, 5124.60, 5124.61, 5124.62, 5124.67, 5126.01,	18373
5126.0219, 5126.041, 5126.046, 5126.051, 5126.08, 5126.21,	18374
5126.25, 5126.42, 5126.43, 5126.45, 5139.05, 5139.34, 5139.36,	18375
5139.41, 5164.34, 5164.342, 5513.01, and 5713.012 of the Revised	18376
Code are hereby repealed.	18377

Section 105.01. That sections 3125.191, 3702.93, 5124.63, and	18378
5124.64 of the Revised Code are hereby repealed.	18379

Section 503.10. APPROPRIATIONS RELATED TO GRANT	18380
RECONCILIATION AND CLOSE-OUT	18381

If, pursuant to the reconciliation and close-out process for	18382
a grant received by a state agency, an amount is identified as	18383
both unspent and requiring remittance to the grantor, the director	18384
of the agency may request the Director of Budget and Management to	18385
authorize additional expenditures to return the unspent cash to	18386
the grantor. Upon approval of the Director of Budget and	18387
Management, the additional amounts are hereby appropriated.	18388

Section 503.20. (A) As used in this section, "participating	18389
private party" means any person or private entity that is allowed	18390
to request a criminal records check pursuant to division (A)(2) or	18391
(3) of section 109.572 of the Revised Code.	18392

(B) In addition to the authority granted by section 109.5721	18393
of the Revised Code, the Superintendent of the Bureau of Criminal	18394
Identification and Investigation may operate the retained	18395
applicant fingerprint database established by that section and	18396
take any other actions the Superintendent determines is necessary	18397
in response to requests made by a participating private party	18398
pursuant to division (A)(2) or (3) of section 109.572 of the	18399
Revised Code.	18400

(C) In connection with a request made pursuant to division	18401
(A)(2) or (3) of section 109.572 of the Revised Code, a	18402
participating private party may take any action permitted to be	18403
taken by a participating public office and shall take any action	18404
required to be taken by a participating public office pursuant to	18405
section 109.5721 of the Revised Code.	18406

(D) The Director of Budget and Management may authorize	18407
expenditures from appropriation item 651680 Health Care Grants –	18408
Federal, to pay for costs associated with the administration of	18409
the Medicaid program, including the development of the retained	18410
applicant fingerprint database, in response to requests made in	18411
accordance with section 109.5721 and division (A)(2) or (3) of	18412
section 109.572 of the Revised Code.	18413

Section 503.30. CLEAN OHIO CONSERVATION GRANT REPAYMENTS

18414

Any grant repayment received by the Public Works Commission	18415
and deposited into the Clean Ohio Conservation Fund (Fund 7056)	18416
pursuant to section 164.261 of the Revised Code is hereby	18417
appropriated in appropriation item C15060, Clean Ohio	18418
Conservation.	18419

Section 509.10. REESTABLISHING ENCUMBRANCES THAT USE OUTDATED	18420
EXPENSE ACCOUNT CODES	18421

On or after January 1, 2015, should the Director of Budget	18422
and Management elect to update expense account codes pursuant to	18423
the authority granted in division (A)(2) of section 126.21 of the	18424
Revised Code, the Director may cancel any existing operating or	18425
capital encumbrances from prior fiscal years that reference	18426
outdated expense account codes and, if needed, reestablish them	18427
against the same appropriation items referencing updated expense	18428
account codes. The reestablished encumbrance amounts are hereby	18429
appropriated. Any business commenced but not completed under the	18430
prior encumbrances by January 1, 2015, shall be completed under	18431
the new encumbrances in the same manner and with the same effect	18432
as if it was completed with regard to the old encumbrances.	18433

Section 509.20. The Department of Natural Resources is hereby	18434
authorized, pursuant to and consistent with the requirements of	18435
Chapter 127. of the Revised Code, to use moneys appropriated to it	18436
from the Ohio Parks and Natural Resources Fund (Fund 7031) and the	18437
Parks and Recreation Improvement Fund (Fund 7035) for capital	18438
projects, including, but not limited to, improvements or	18439
renovations on land or property owned by the department but used	18440
and operated, under a lease or other agreement, by an entity other	18441
than the department. No moneys shall be released under the	18442
authority of this section until the Director of Natural Resources	18443
has certified in writing to the Director of the Office of Budget	18444
and Management that the project will enhance the use and enjoyment	18445
of Ohio's state parks and natural resources.	18446

Section 512.10. On July 1, 2014, or as soon as possible	18447
thereafter, the Director of Budget and Management shall transfer	18448
the cash balance in the Education Endowment Fund (Fund P087) to	18449
the Education Facilities Trust Fund (Fund N087). Upon completion	18450
of the transfer, Fund P087 is abolished.	18451

Section 512.20. On July 1, 2014, or as soon as possible	18452
thereafter, the Director of Budget and Management shall transfer	18453
the cash balance in the Healthcare Services Fund (Fund 3W50),	18454
Healthy Ohioans Initiatives Fund (Fund 5BL0), Alcohol Testing	18455
Program Fund (Fund 5C00), TANF Family Planning Fund (Fund 5C10),	18456
Poison Control Fund (Fund 5CB0), Sewage Treatment System	18457
Innovation Fund (Fund 5CJ0), and the Health Emergency Fund (Fund	18458
5EC0) to the General Revenue Fund. Upon the completion of these	18459
transfers, Fund 3W50, Fund 5BL0, Fund 5C00, Fund 5C10, Fund 5CB0,	18460
Fund 5CJ0, and Fund 5EC0 are abolished.	18461

Section 512.30. ABOLISHMENT OF INACTIVE FUNDS USED BY THE	18462
DEPARTMENT OF JOB AND FAMILY SERVICES	18463

Within ninety days of the effective date of this section, or	18464
as soon as possible thereafter, the Director of Budget and	18465
Management shall transfer all cash in the following funds to the	18466
Administration and Operating Fund (Fund 5DM0) used by the	18467
Department of Job and Family Services:	18468

The State and Local Training Fund (Fund 3160),

18469

The Job Training Program Fund (Fund 3650),

18470

The Income Maintenance Reimbursement Fund (Fund 3A10),

18471

The ABD Managed Care – Federal Fund (Fund 3AZ0),

18472

The Children's Hospitals – Federal Fund (Fund 3BB0),

18473

The Ford Foundation Reimbursement Fund (Fund 3G90),

18474

The TANF – Employment & Training Fund (Fund 3S90),

18475

The HIPPY Program Fund (Fund 3W80),

18476

The Adoption Connection Fund (Fund 3W90),

18477

The Interagency Programs Fund (Fund 4G10),

18478

The Welfare Overpayment Intercept Fund (Fund 4K70),

18479

The Wellness Block Grant Fund (Fund 4N70),

18480

The Banking Fees Fund (Fund 4R30),

18481

The BCII Service Fees Fund (Fund 4R40),

18482

The Child Support Activities Fund (Fund 4V20),

18483

The BES Automation Administration Fund (Fund 5A50),

18484

The Public Assistance Reconciliation Fund (Fund 5AX0),

18485

The Child Support Operating Fund (Fund 5BE0),

18486

The ABD Managed Care – State Fund (Fund 5BZ0),

18487

The Private Child Care Agencies Training Fund (Fund 5E40),

18488

The EBT Contracted Services Fund (Fund 5E50),

18489

The State Option Food Stamp Program Fund (Fund 5E60),

18490

The BES Building Consolidation Fund (Fund 5F20),

18491

The BES Building Enhancement Fund (Fund 5F30),

18492

The Commission on Fatherhood Fund (Fund 5G30),

18493

The Child & Adult Protective Services Fund (Fund 5GV0),

18494

The Child Support Supplement Fund (Fund 5K60),

18495

The OhioWorks Supplement Fund (Fund 5L40),

18496

The County Technologies Fund (Fund 5N10),

18497

The TANF Child Welfare Fund (Fund 5P40),

18498

The Medicaid Admin Reimbursement Fund (Fund 5P60),

18499

The Child Support Special Payment Fund (Fund 5T20),

18500

The Federal Fiscal Relief Fund (Fund 5Y90),

18501

The Health Care Grants Fund (Fund 5Z50),

18502

The TANF QC Reinvestment Fund (Fund 5Z90),

18503

The Third Party Recoveries Fund (Fund 6000),

18504

The Training Activities Fund (Fund 6130), and

18505

The Ford Foundation Fund (Fund 6A70).

18506

Upon completion of the transfers, all the aforementioned funds	18507
listed in this section (except Fund 5DM0) are hereby abolished.	18508

Within ninety days after the effective date of this section,	18509
or as soon as possible thereafter, the Director of Budget and	18510
Management shall transfer all cash in the OhioCare Fund (Fund	18511
4X30), the Human Services Stabilization Fund (Fund 4Z70), and the	18512
Managed Care Assessment Fund (Fund 5BG0) to the General Revenue	18513
Fund. Upon completion of the transfers, Fund 4X30, Fund 4Z70, and	18514
Fund 5BG0 are hereby abolished.	18515

Section 512.40. On July 1, 2014, or as soon as possible	18516
thereafter, the Director of Budget and Management shall transfer	18517
the cash balance in the Nursing Facility Technical Assistance Fund	18518
(Fund 5L10), to the Residents Protection Fund (Fund 4E30). Upon	18519
completion of the transfer, Fund 5L10 is abolished.	18520

Section 610.20. That Sections 207.10, 209.30, 211.10, 221.10,	18521
241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 263.250,	18522
263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20, 301.10,	18523
327.10, 333.10, 333.80, 340.10, 359.10, 363.10, 365.10, 395.10,	18524
403.10, 512.80, and 751.10 of Am. Sub. H.B. 59 of the 130th	18525
General Assembly be amended to read as follows:	18526

Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

18527

General Revenue Fund	18528

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	18529
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	18530
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	18531
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	18532
GRF	100447	Administrative Building Lease Rental Payments	$	~~85,847,800~~ 83,847,800	$	91,059,600	18533
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	18534
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	18535
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	18536
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	18537
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	18538
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	18539
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	18540
TOTAL GRF General Revenue Fund			$	~~158,052,951~~ 156,052,951	$	163,247,551	18541

General Services Fund Group	18542

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	18543
1150	100632	Central Service Agency	$	911,580	$	927,699	18544
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	18545
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	18546
1250	100622	Human Resources Division - Operating	$	17,749,839	$	17,749,839	18547
1250	100657	Benefits Communication	$	712,316	$	712,316	18548
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	18549
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	18550
1320	100631	DAS Building Management	$	19,343,170	$	19,343,170	18551
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	18552
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	18553
2100	100612	State Printing	$	20,459,526	$	20,459,526	18554
2290	100630	IT Governance	$	16,446,474	$	16,446,474	18555
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	18556
4270	100602	Investment Recovery	$	1,618,062	$	1,638,515	18557
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	18558
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	18559
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	18560
5C30	100608	Minor Construction Project Management	$	1,004,375	$	1,004,375	18561
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	18562
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	18563
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	18564
5KZ0	100659	Building Improvement	$	500,000	$	500,000	18565
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	18566
5LA0	100660	Building Operation	$	26,600,767	$	26,814,648	18567
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	18568
5V60	100619	Employee Educational Development	$	800,000	$	800,000	18569
TOTAL GSF General Services Fund							18570
Group			$	333,614,857	$	320,854,742	18571

Federal Special Revenue Fund Group	18572

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	18573
TOTAL FED Federal Special Revenue							18574
Fund Group			$	1,723,009	$	1,723,009	18575

State Special Revenue Fund Group	18576

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	18577
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	18578
5NM0	100663	911 Program	$	290,000	$	290,000	18579
TOTAL SSR State Special Revenue							18580
Fund Group			$	3,399,257	$	1,360,891	18581
TOTAL ALL BUDGET FUND GROUPS			$	~~496,790,074~~ 494,790,074	$	487,186,193	18582

Sec. 209.30. LONG-TERM CARE OMBUDSMAN

18584

The foregoing appropriation item 490410, Long-Term Care	18585
Ombudsman, shall be used to fund ombudsman program activities as	18586
authorized in sections 173.14 to 173.27 and section 173.99 of the	18587
Revised Code.	18588

The State Ombudsman may explore the design of a payment	18589
method for the Ombudsman Program that includes a	18590
pay-for-performance incentive component that is earned by	18591
designated regional long-term care ombudsman programs.	18592

MYCARE OHIO

18593

The foregoing appropriation items 490410, Long-Term Care	18594
Ombudsman, 490618, Federal Aging Grants, 490612, Federal	18595
Independence Services, 490609, Regional Long-Term Care Ombudsman	18596
Program, and 490620, Ombudsman Support, may be used by the Office	18597
of the State Long-Term Care Ombudsman to provide ombudsman program	18598
activities as described in sections 173.14 to 173.27 and section	18599
173.99 of the Revised Code to consumers participating in MyCare	18600
Ohio.	18601

SENIOR COMMUNITY SERVICES

18602

The foregoing appropriation item 490411, Senior Community	18603
Services, shall be used for services designated by the Department	18604
of Aging, including, but not limited to, home-delivered and	18605
congregate meals, transportation services, personal care services,	18606
respite services, adult day services, home repair, care	18607
coordination, prevention and disease self-management, and decision	18608
support systems. Service priority shall be given to low income,	18609
frail, and cognitively impaired persons 60 years of age and over.	18610
The department shall promote cost sharing by service recipients	18611
for those services funded with senior community services funds,	18612
including, when possible, sliding-fee scale payment systems based	18613
on the income of service recipients.	18614

ALZHEIMER'S RESPITE

18615

The foregoing appropriation item 490414, Alzheimer's Respite,	18616
shall be used to fund only Alzheimer's disease services under	18617
section 173.04 of the Revised Code.	18618

NATIONAL SENIOR SERVICE CORPS

18619

The foregoing appropriation item 490506, National Senior	18620
Service Corps, shall be used by the Department of Aging to fund	18621
grants for three Corporation for National and Community	18622
Service/Senior Corps programs: the Foster Grandparents Program,	18623
the Senior Companion Program, and the Retired Senior Volunteer	18624
Program. A recipient of these grant funds shall use the funds to	18625
support priorities established by the Department and the Ohio	18626
State Office of the Corporation for National and Community	18627
Service. The expenditure of these funds by any grant recipient	18628
shall be in accordance with Senior Corps policies and procedures,	18629
as stated in the Domestic Volunteer Service Act of 1973, as	18630
amended. Neither the Department nor any area agencies on aging	18631
that are involved in the distribution of these funds to	18632
lower-tiered grant recipients may use any portion of these funds	18633
to cover administrative costs.	18634

SENIOR COMMUNITY OUTREACH AND EDUCATION

18635

The foregoing appropriation item 490606, Senior Community	18636
Outreach and Education, may be used to provide training to workers	18637
in the field of aging pursuant to division (G) of section 173.02	18638
of the Revised Code.	18639

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	18640
AND FEDERAL AGING GRANTS	18641

At the request of the Director of Aging, the Director of	18642
Budget and Management may transfer appropriation between	18643
appropriation items 490612, Federal Independence Services, and	18644
490618, Federal Aging Grants. The amounts transferred shall not	18645
exceed 30 per cent of the appropriation from which the transfer is	18646
made. Any transfers shall be reported by the Department of Aging	18647
to the Controlling Board at the next scheduled meeting of the	18648
board.	18649

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

18650

The foregoing appropriation item 490609, Regional Long-Term	18651
Care Ombudsman Program, shall be used to pay the costs of	18652
operating the regional long-term care ombudsman programs	18653
designated by the State Long-Term Care Ombudsman.	18654

TRANSFER OF RESIDENT PROTECTION FUNDS

18655

In each fiscal year, the Director of Budget and Management	18656
may transfer up to $1,250,000 cash from the Resident Protection	18657
Fund (Fund 4E30), which is used by the Department of Medicaid, to	18658
the Ombudsman Support Fund (Fund 5BA0), which is used by the	18659
Department of Aging.	18660

The Director of Aging and the Office of the State Long-Term	18661
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	18662
5BA0) to implement a nursing home quality initiative as specified	18663
in section 173.60 of the Revised Code.	18664

LONG-TERM CARE CONSUMERS GUIDE

18665

The foregoing appropriation item 490613, Long-Term Care	18666
Consumers Guide, shall be used to conduct annual consumer	18667
satisfaction surveys and to pay for other administrative expenses	18668
related to the publication of the Ohio Long-Term Care Consumer	18669
Guide.	18670

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	18671
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	18672

On July 1, 2013, or as soon as possible thereafter, the	18673
Director of Health shall certify to the Director of Budget and	18674
Management the cash balance relating to the Board of Examiners of	18675
Nursing Home Administrators in the General Operations Fund (Fund	18676
4700), used by the Department of Health. Upon receiving this	18677
certification, the Director of Budget and Management may transfer	18678
this cash from the General Operations Fund (Fund 4700) to the	18679
Board of Executives of Long-Term Services and Supports Fund (Fund	18680
5MT0), used by the Department of Aging. If this transfer occurs,	18681
the Director of Budget and Management shall cancel any existing	18682
encumbrances pertaining to the Board of Examiners of Nursing Home	18683
Administrators against appropriation item 440647, Fee Supported	18684
Programs, and re-establish them against appropriation item 490627,	18685
Board of Executives of LTSS. The re-established encumbrance	18686
amounts are hereby appropriated.	18687

Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE

18688

General Revenue Fund	18689

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	18690
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	18691
GRF	700404	Ohio Proud	$	50,000	$	50,000	18692
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	18693
GRF	700407	Food Safety	$	848,792	$	848,792	18694
GRF	700409	Farmland Preservation	$	72,750	$	72,750	18695
GRF	700412	Weights and Measures	$	600,000	$	600,000	18696
GRF	700415	Poultry Inspection	$	592,978	$	592,978	18697
GRF	700418	Livestock Regulation Program	$	1,108,071	$	~~1,108,071~~ 1,259,484	18698
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	18699
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	18700
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	18701
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	18702
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	18703
TOTAL GRF General Revenue Fund			$	15,454,231	$	~~15,254,231~~ 15,405,644	18704

General Services Fund Group	18705

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	18706
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	18707
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	18708

Federal Special Revenue Fund Group	18709

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	18710
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	18711
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	18712
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	18713
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	18714
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	18715
TOTAL FED Federal Special Revenue							18716
Fund Group			$	12,806,000	$	12,806,000	18717

State Special Revenue Fund Group	18718

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	18719
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	18720
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	18721
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	18722
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	18723
4D20	700609	Auction Education	$	35,000	$	35,000	18724
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	18725
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	18726
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	18727
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	18728
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	18729
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	18730
5880	700633	Brand Registration	$	5,000	$	5,000	18731
5B80	700629	Auctioneers	$	340,000	$	340,000	18732
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	18733
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	18734
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	18735
5L80	700604	Livestock Management Program	$	145,000	$	145,000	18736
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	18737
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	18738
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	18739
TOTAL SSR State Special Revenue							18740
Fund Group			$	18,523,313	$	18,518,313	18741

Clean Ohio Conservation Fund Group	18742

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		18743
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		18744

TOTAL ALL BUDGET FUND GROUPS

52,576,557

~~52,407,617~~ 52,559,030

18745

DANGEROUS AND RESTRICTED WILD ANIMALS

18746

The foregoing GRF appropriation item 700426, Dangerous and	18747
Restricted Animals, shall be used to administer the Dangerous and	18748
Restricted Wild Animal Permitting Program.	18749

COUNTY AGRICULTURAL SOCIETIES

18750

The foregoing appropriation item 700501, County Agricultural	18751
Societies, shall be used to reimburse county and independent	18752
agricultural societies for expenses related to Junior Fair	18753
activities.	18754

CLEAN OHIO AGRICULTURAL EASEMENT

18755

The foregoing appropriation item 700632, Clean Ohio	18756
Agricultural Easement, shall be used by the Department of	18757
Agriculture in administering Ohio Agricultural Easement Fund (Fund	18758
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	18759
5301.70 of the Revised Code.	18760

Sec. 221.10. AGO ATTORNEY GENERAL

18761

General Revenue Fund	18762

GRF	055321	Operating Expenses	$	42,514,169	$	43,114,169	18763
GRF	055405	Law-Related Education	$	100,000	$	100,000	18764
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	~~1,500,000~~ 0	18765
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	18766
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	18767
GRF	055501	Rape Crisis Centers	$	1,000,000	$	1,000,000	18768
TOTAL GRF General Revenue Fund			$	46,703,589	$	~~47,303,589~~ 45,803,589	18769

General Services Fund Group	18770

1060	055612	~~General Reimbursement~~ Attorney General Operating	$	54,806,192	$	55,820,716	18771
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	18772
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	18773
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	18774
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	18775
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	18776
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	18777
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	18778
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	18779
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	18780
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	18781
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	18782
TOTAL GSF General Services Fund							18783
Group			$	86,700,872	$	87,642,655	18784

Federal Special Revenue Fund Group	18785

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	18786
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	18787
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	18788
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	18789
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	18790
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	18791
TOTAL FED Federal Special Revenue							18792
Fund Group			$	28,212,406	$	28,263,728	18793

State Special Revenue Fund Group	18794

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	18795
4190	055623	Claims Section	$	55,920,716	$	56,937,131	18796
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	18797
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	18798
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	18799
TOTAL SSR State Special Revenue							18800
Fund Group			$	76,867,116	$	77,790,839	18801

Holding Account Redistribution Fund Group	18802

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	18803
R005	055632	Antitrust Settlements	$	1,000	$	1,000	18804
R018	055630	Consumer Frauds	$	750,000	$	750,000	18805
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	18806
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	18807
TOTAL 090 Holding Account							18808
Redistribution Fund Group			$	6,276,025	$	6,276,025	18809

Tobacco Master Settlement Agreement Fund Group	18810

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	~~500,000~~ 2,000,000	18811
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	~~500,000~~ 2,000,000	18812
TOTAL ALL BUDGET FUND GROUPS			$	245,260,008	$	247,776,836	18813

OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER

18814

Of the foregoing appropriation item 055321, Operating	18815
Expenses, $600,000 in fiscal year 2015 shall be used to create the	18816
Ohio BCI Forensic Research and Professional Training Center at	18817
Bowling Green State University. The purpose of the Center shall be	18818
to foster forensic science research techniques (BCI Eminent	18819
Scholar) and to create professional training opportunities to	18820
students (BCI Scholars) in the forensic science fields.	18821

COUNTY SHERIFFS' PAY SUPPLEMENT

18822

The foregoing appropriation item 055411, County Sheriffs' Pay	18823
Supplement, shall be used for the purpose of supplementing the	18824
annual compensation of county sheriffs as required by section	18825
325.06 of the Revised Code.	18826

At the request of the Attorney General, the Director of	18827
Budget and Management may transfer appropriation from	18828
appropriation item 055321, Operating Expenses, to appropriation	18829
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	18830
transferred shall be used to supplement the annual compensation of	18831
county sheriffs as required by section 325.06 of the Revised Code.	18832

COUNTY PROSECUTORS' PAY SUPPLEMENT

18833

The foregoing appropriation item 055415, County Prosecutors'	18834
Pay Supplement, shall be used for the purpose of supplementing the	18835
annual compensation of certain county prosecutors as required by	18836
section 325.111 of the Revised Code.	18837

At the request of the Attorney General, the Director of	18838
Budget and Management may transfer appropriation from	18839
appropriation item 055321, Operating Expenses, to appropriation	18840
item 055415, County Prosecutors' Pay Supplement. Any appropriation	18841
so transferred shall be used to supplement the annual compensation	18842
of county prosecutors as required by section 325.111 of the	18843
Revised Code.	18844

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	18845
REIMBURSEMENT FUND	18846

Notwithstanding any other provision of law to the contrary,	18847
on July 1, 2013, or as soon as possible thereafter, the Director	18848
of Budget and Management shall transfer $80,000 cash from the	18849
General Revenue Fund to the General Reimbursement Fund (Fund	18850
1060).	18851

WORKERS' COMPENSATION SECTION

18852

The Workers' Compensation Fund (Fund 1950) is entitled to	18853
receive payments from the Bureau of Workers' Compensation and the	18854
Ohio Industrial Commission at the beginning of each quarter of	18855
each fiscal year to fund legal services to be provided to the	18856
Bureau of Workers' Compensation and the Ohio Industrial Commission	18857
during the ensuing quarter. The advance payment shall be subject	18858
to adjustment.	18859

In addition, the Bureau of Workers' Compensation shall	18860
transfer payments at the beginning of each quarter for the support	18861
of the Workers' Compensation Fraud Unit.	18862

All amounts shall be mutually agreed upon by the Attorney	18863
General, the Bureau of Workers' Compensation, and the Ohio	18864
Industrial Commission.	18865

ATTORNEY GENERAL PASS-THROUGH FUNDS

18866

The foregoing appropriation item 055638, Attorney General	18867
Pass-Through Funds, shall be used to receive federal grant funds	18868
provided to the Attorney General by other state agencies,	18869
including, but not limited to, the Department of Youth Services	18870
and the Department of Public Safety.	18871

GENERAL HOLDING ACCOUNT

18872

The foregoing appropriation item 055631, General Holding	18873
Account, shall be used to distribute moneys under the terms of	18874
relevant court orders or other settlements received in a variety	18875
of cases involving the Office of the Attorney General. If it is	18876
determined that additional amounts are necessary for this purpose,	18877
the amounts are hereby appropriated.	18878

ANTITRUST SETTLEMENTS

18879

The foregoing appropriation item 055632, Antitrust	18880
Settlements, shall be used to distribute moneys under the terms of	18881
relevant court orders or other out of court settlements in	18882
antitrust cases or antitrust matters involving the Office of the	18883
Attorney General. If it is determined that additional amounts are	18884
necessary for this purpose, the amounts are hereby appropriated.	18885

CONSUMER FRAUDS

18886

The foregoing appropriation item 055630, Consumer Frauds,	18887
shall be used for distribution of moneys from court-ordered	18888
judgments against sellers in actions brought by the Office of	18889
Attorney General under sections 1334.08 and 4549.48 and division	18890
(B) of section 1345.07 of the Revised Code. These moneys shall be	18891
used to provide restitution to consumers victimized by the fraud	18892
that generated the court-ordered judgments. If it is determined	18893
that additional amounts are necessary for this purpose, the	18894
amounts are hereby appropriated.	18895

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

18896

The foregoing appropriation item 055601, Organized Crime	18897
Commission Distributions, shall be used by the Organized Crime	18898
Investigations Commission, as provided by section 177.011 of the	18899
Revised Code, to reimburse political subdivisions for the expenses	18900
the political subdivisions incur when their law enforcement	18901
officers participate in an organized crime task force. If it is	18902
determined that additional amounts are necessary for this purpose,	18903
the amounts are hereby appropriated.	18904

COLLECTION PAYMENT REDISTRIBUTION

18905

The foregoing appropriation item 055650, Collection Payment	18906
Redistribution, shall be used for the purpose of allocating the	18907
revenue where debtors mistakenly paid the client agencies instead	18908
of the Attorney General's Collections Enforcement Section. If it	18909
is determined that additional amounts are necessary for this	18910
purpose, the amounts are hereby appropriated.	18911

OHIO LAW ENFORCEMENT TRAINING FUND RECOMMENDATIONS

18912

By September 1, 2013, the Attorney General, in consultation	18913
with state and local law enforcement agencies, shall submit to the	18914
President and Minority Leader of the Senate and the Speaker and	18915
Minority Leader of the House of Representatives a report	18916
recommending how to best use moneys collected from the gross	18917
casino revenue tax, pursuant to Section 6(C)(3)(f) of Article XV,	18918
Ohio Constitution, and how to best distribute such money for the	18919
purposes of enhancing public safety and providing additional	18920
training opportunities to the law enforcement community. The	18921
report shall expressly include a recommendation for sharing a	18922
portion of such moneys with local law enforcement agencies	18923
beginning in fiscal year 2015.	18924

CASH TRANSFERS FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	18925
FUND	18926

Notwithstanding section 512.20 of Am. Sub. H.B. 487 of the	18927
129th General Assembly, on July 1, 2014, or as soon as possible	18928
thereafter, the Director of Budget and Management may transfer up	18929
to $8,000,000 cash from the Pre-Securitization Tobacco Payments	18930
Fund (Fund 5LS0) to the Tobacco Oversight Administration and	18931
Enforcement Fund (Fund U087).	18932

Sec. 241.10. COM DEPARTMENT OF COMMERCE

18933

General Services Fund Group	18934

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	18935
1630	800637	Information Technology	$	6,011,977	$	6,011,977	18936
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	18937
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	18938
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	18939
TOTAL GSF General Services Fund							18940
Group			$	84,249,523	$	84,249,523	18941

Federal Special Revenue Fund Group	18942

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	18943
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	18944
TOTAL FED Federal Special Revenue							18945
Fund Group			$	2,685,729	$	2,685,729	18946

State Special Revenue Fund Group	18947

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	18948
4H90	800608	Cemeteries	$	266,688	$	266,688	18949
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	18950
5440	800612	Banks	$	6,836,589	$	6,836,589	18951
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	18952
5460	800610	Fire Marshal	$	17,336,990	$	15,976,408	18953
5460	800639	Fire Department Grants	$	2,198,802	$	~~2,198,802~~ 5,198,802	18954
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	18955
5480	800611	Real Estate Recovery	$	50,000	$	50,000	18956
5490	800614	Real Estate	$	3,310,412	$	3,310,412	18957
5500	800617	Securities	$	4,238,814	$	4,238,814	18958
5520	800604	Credit Union	$	3,297,888	$	3,297,888	18959
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	18960
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	18961
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	18962
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	18963
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	18964
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	18965
5PA0	800647	Bustr Revolving Loan Program	$	0	$	3,000,000	18966
5X60	800623	Video Service	$	337,224	$	337,224	18967
6530	800629	UST Registration/Permit Fee	$	~~3,831,888~~ 2,331,888	$	~~3,612,588~~ 2,112,588	18968
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	18969
TOTAL SSR State Special Revenue							18970
Fund Group			$	~~85,430,840~~ 83,930,840	$	~~84,198,259~~ 88,698,259	18971

Liquor Control Fund Group	18972

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	557,974	$	372,661	18973
5LN0	800645	Liquor Operating Services	$	13,949,342	$	9,316,535	18974
TOTAL LCF Liquor Control							18975
Fund Group			$	14,507,316	$	9,689,196	18976
TOTAL ALL BUDGET FUND GROUPS			$	~~186,873,408~~ 185,373,408	$	~~180,822,707~~ 185,322,707	18977

ADMINISTRATIVE ASSESSMENTS

18978

Notwithstanding any other provision of law to the contrary,	18979
the Division of Administration Fund (Fund 1630) is entitled to	18980
receive assessments from all operating funds of the Department in	18981
accordance with procedures prescribed by the Director of Commerce	18982
and approved by the Director of Budget and Management.	18983

UNCLAIMED FUNDS PAYMENTS

18984

The foregoing appropriation item 800625, Unclaimed	18985
Funds-Claims, shall be used to pay claims under section 169.08 of	18986
the Revised Code. If it is determined that additional amounts are	18987
necessary, the amounts are appropriated.	18988

FIRE DEPARTMENT GRANTS

18989

Of the foregoing appropriation item 800639, Fire Department	18990
Grants, up to $2,198,802 in ~~each~~ fiscal year 2014 and $5,198,802	18991
in fiscal year 2015 shall be used to make annual grants to the	18992
following eligible recipients: volunteer fire departments, fire	18993
departments that serve one or more small municipalities or small	18994
townships, joint fire districts comprised of fire departments that	18995
primarily serve small municipalities or small townships, local	18996
units of government responsible for such fire departments, and	18997
local units of government responsible for the provision of fire	18998
protection services for small municipalities or small townships.	18999
For the purposes of these grants, a private fire company, as that	19000
phrase is defined in section 9.60 of the Revised Code, that is	19001
providing fire protection services under a contract to a political	19002
subdivision of the state, is an additional eligible recipient for	19003
a training grant.	19004

Eligible recipients that consist of small municipalities or	19005
small townships that all intend to contract with the same fire	19006
department or private fire company for fire protection services	19007
may jointly apply and be considered for a grant. If a joint	19008
applicant is awarded a grant, the State Fire Marshal shall, if	19009
feasible, proportionately award the grant and any equipment	19010
purchased with grant funds to each of the joint applicants based	19011
upon each applicant's contribution to and demonstrated need for	19012
fire protection services.	19013

If the grant awarded to joint applicants is an equipment	19014
grant and the equipment to be purchased cannot be readily	19015
distributed or possessed by multiple recipients, each of the joint	19016
applicants shall be awarded by the State Fire Marshal an ownership	19017
interest in the equipment so purchased in proportion to each	19018
applicant's contribution to and demonstrated need for fire	19019
protection services. The joint applicants shall then mutually	19020
agree on how the equipment is to be maintained, operated, stored,	19021
or disposed of. If, for any reason, the joint applicants cannot	19022
agree as to how jointly owned equipment is to be maintained,	19023
operated, stored, or disposed of or any of the joint applicants no	19024
longer maintain a contract with the same fire protection service	19025
provider as the other applicants, then the joint applicants shall,	19026
with the assistance of the State Fire Marshal, mutually agree as	19027
to how the jointly owned equipment is to be maintained, operated,	19028
stored, disposed of, or owned. If the joint applicants cannot	19029
agree how the grant equipment is to be maintained, operated,	19030
stored, disposed of, or owned, the State Fire Marshal may, in its	19031
discretion, require all of the equipment acquired by the joint	19032
applicants with grant funds to be returned to the State Fire	19033
Marshal. The State Fire Marshal may then award the returned	19034
equipment to any eligible recipients. For this paragraph only, an	19035
"equipment grant" also includes a MARCS Grant.	19036

Except as otherwise provided in this section, the grants	19037
shall be used by recipients to purchase firefighting or rescue	19038
equipment or gear or similar items, to provide full or partial	19039
reimbursement for the documented costs of firefighter training,	19040
or, at the discretion of the State Fire Marshal, to cover fire	19041
department costs for providing fire protection services in that	19042
grant recipient's jurisdiction.	19043

Of the foregoing appropriation item 800639, Fire Department	19044
Grants, up to $500,000 per fiscal year may be used to pay for the	19045
State Fire Marshal's costs of providing firefighter I	19046
certification classes or other firefighter classes approved by the	19047
Department of Public Safety in accordance with section 4765.55 of	19048
the Revised Code at no cost to selected students attending the	19049
Ohio Fire Academy or other class providers approved by the State	19050
Fire Marshal. The State Fire Marshal may establish the	19051
qualifications and selection processes for students to attend such	19052
classes by written policy, and such students shall be considered	19053
eligible recipients of fire department grants for the purposes of	19054
this portion of the grant program.	19055

For purposes of this section, a MARCS Grant is a grant for	19056
systems, equipment, or services that are a part of, integrated	19057
into, or otherwise interoperable with the Multi-Agency Radio	19058
Communication System (MARCS) operated by the state.	19059

Of the foregoing appropriation item 800639, Fire Department	19060
Grants, up to $3,000,000 in fiscal year 2015 may be used for MARCS	19061
Grants. MARCS Grants may be used for the payment of user access	19062
fees by the eligible recipient to access MARCS.	19063

MARCS Grant awards may be up to $50,000 in fiscal year 2015	19064
per eligible recipient. Each eligible recipient may only apply, as	19065
a separate entity or as a part of a joint application, for one	19066
MARCS Grant per fiscal year. Eligible recipients that are or were	19067
awarded fire department grants that are not MARCS Grants may also	19068
apply for and receive MARCS Grants in accordance with criteria for	19069
the awarding of grant funds established by the State Fire Marshal.	19070

Grant awards for firefighting or rescue equipment or gear or	19071
for fire department costs of providing fire protection services	19072
shall be up to $15,000 per fiscal year, or up to $25,000 per	19073
fiscal year if an eligible entity serves a jurisdiction in which	19074
the Governor declared a natural disaster during the preceding or	19075
current fiscal year in which the grant was awarded. In addition to	19076
any grant funds awarded for rescue equipment or gear, or for fire	19077
department costs associated with the provision of fire protection	19078
services, an eligible entity may receive a grant for up to $15,000	19079
per fiscal year for full or partial reimbursement of the	19080
documented costs of firefighter training. For each fiscal year,	19081
the State Fire Marshal shall determine the total amounts to be	19082
allocated for each eligible purpose.	19083

The grant program shall be administered by the State Fire	19084
Marshal in accordance with rules the State Fire Marshal adopts as	19085
part of the state fire code adopted pursuant to section 3737.82 of	19086
the Revised Code that are necessary for the administration and	19087
operation of the grant program. The rules may further define the	19088
entities eligible to receive grants and establish criteria for the	19089
awarding and expenditure of grant funds, including methods the	19090
State Fire Marshal may use to verify the proper use of grant funds	19091
or to obtain reimbursement for or the return of equipment for	19092
improperly used grant funds. To the extent consistent with this	19093
section and until such time as the rules are updated, the existing	19094
rules in the state fire code adopted pursuant to section 3737.82	19095
of the Revised Code for fire department grants under this section	19096
apply to MARCS Grants. Any amounts in appropriation item 800639,	19097
Fire Department Grants, in excess of the amount allocated for	19098
these grants may be used for the administration of the grant	19099
program.	19100

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

19101

The Director of Budget and Management, upon the request of	19102
the Director of Commerce, may transfer up to $500,000 in cash from	19103
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	19104
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	19105
the Division of Real Estate Operating Fund (Fund 5490) during the	19106
biennium ending June 30, 2015.	19107

Sec. 257.10. DEV DEVELOPMENT SERVICES AGENCY

19108

General Revenue Fund	19109

GRF	195402	Coal Research Operating	$	261,205	$	261,405	19110
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	19111
GRF	195407	Travel and Tourism	$	1,300,000	$	0	19112
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	19113
GRF	195426	Redevelopment Assistance	$	1,968,365	$	468,365	19114
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	19115
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	19116
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	19117
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	19118
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	19119
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	19120
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	19121
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	~~66,511,600~~ 61,911,600	$	~~83,783,000~~ 78,483,000	19122
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	~~15,498,400~~ 13,198,400	$	19,124,500	19123
TOTAL GRF General Revenue Fund			$	~~115,710,145~~ 108,810,145	$	~~135,276,145~~ 129,976,145	19124

General Services Fund Group	19125

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	19126
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	19127
5KN0	195640	Local Government Innovation	$	20,730,986	$	21,900,000	19128
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	19129
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	19130
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	19131
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	19132
TOTAL GSF General Services Fund							19133
Group			$	50,880,986	$	37,050,000	19134

Federal Special Revenue Fund Group	19135

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	19136
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	19137
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	19138
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	19139
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	19140
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	19141
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	19142
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	19143
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	19144
3350	195610	Energy Programs	$	200,000	$	200,000	19145
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	19146
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	19147
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	19148
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	19149
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	19150
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	19151
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	19152
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	19153
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	19154
TOTAL FED Federal Special Revenue							19155
Fund Group			$	417,389,090	$	375,260,494	19156

State Special Revenue Fund Group	19157

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	19158
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	19159
4F20	195639	State Special Projects	$	102,145	$	102,104	19160
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	19161
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	19162
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	19163
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	19164
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	19165
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	19166
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	19167
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	19168
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	19169
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	19170
5MJ0	195683	TourismOhio Administration	$	8,000,000	$	8,000,000	19171
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	19172
6170	195654	Volume Cap Administration	$	32,562	$	32,562	19173
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	19174
TOTAL SSR State Special Revenue							19175
Fund Group			$	474,628,375	$	463,028,371	19176

Facilities Establishment Fund Group	19177

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	19178
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	19179
7010	195665	Research and Development	$	22,000,000	$	22,000,000	19180
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	19181
TOTAL 037 Facilities							19182
Establishment Fund Group			$	90,000,000	$	90,000,000	19183

Clean Ohio Revitalization Fund	19184

7003	195663		Clean Ohio Program		$	950,000		$	950,000		19185
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		19186

Third Frontier Research & Development Fund Group	19187

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	19188
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	19189
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	19190
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	19191
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	19192

Job Ready Site Development Fund Group	19193

7012	195688		Job Ready Site Development		$	800,000		$	800,000		19194
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		19195

Tobacco Master Settlement Agreement Fund Group	19196

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	19197
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	19198
TOTAL ALL BUDGET FUND GROUPS			$	~~1,284,255,191~~ 1,277,355,191	$	~~1,236,271,035~~ 1,230,971,035	19199

Sec. 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

19201

General Revenue Fund	19202

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	19203
GRF	320415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	19204
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	19205
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	19206
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	19207
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	19208
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	19209
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	19210
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	19211
GRF	653407	Medicaid Services	$	430,056,111	$	437,574,237	19212
TOTAL GRF General Revenue Fund			$	~~524,186,339~~ 523,086,339	$	531,937,865	19213

General Services Fund Group	19214

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		19215
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		19216

Federal Special Revenue Fund Group	19217

3A50	320613	DD Council	$	3,297,656	$	3,324,187	19218
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	19219
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	19220
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	19221
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	19222
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,025,921,683	19223
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	19224
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	19225
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,600,479,531	19226

State Special Revenue Fund Group	19227

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	19228
2210	322620	Supplement Service Trust	$	150,000	$	150,000	19229
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	19230
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	19231
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	19232
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	19233
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	19234
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	19235
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	19236
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	19237
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	19238
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	19239
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	19240
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	19241
TOTAL ALL BUDGET FUND GROUPS			$	~~2,530,404,582~~ 2,529,304,582	$	2,695,314,971	19242

Sec. 263.10. EDU DEPARTMENT OF EDUCATION

19244

General Revenue Fund	19245

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	19246
GRF	200408	Early Childhood Education	$	33,318,341	$	45,318,341	19247
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	19248
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	19249
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	19250
GRF	200424	Policy Analysis	$	328,558	$	328,558	19251
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	19252
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	19253
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	19254
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	19255
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	19256
GRF	200442	Child Care Licensing	$	827,140	$	827,140	19257
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	19258
GRF	200447	GED Testing	$	879,551	$	879,551	19259
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	19260
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	19261
GRF	200464	General Technology Operations	$	192,097	$	192,097	19262
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	19263
GRF	200502	Pupil Transportation	$	505,013,527	$	521,013,527	19264
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	19265
GRF	200511	Auxiliary Services	$	130,499,457	$	138,214,374	19266
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,951,750	$	62,436,882	19267
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	19268
GRF	200545	Career-Technical Education Enhancements	$	9,372,999	$	9,372,999	19269
GRF	200550	Foundation Funding	$	5,808,098,389	$	6,151,463,768	19270
GRF	200566	Literacy Improvement	$	150,000	$	150,000	19271
GRF	200901	Property Tax Allocation - Education	$	~~1,138,800,000~~ 1,126,800,000	$	~~1,156,402,000~~ 1,146,402,000	19272
TOTAL GRF General Revenue Fund			$	~~7,985,459,657~~ 7,973,459,657	$	~~8,397,357,295~~ 8,387,357,295	19273

General Services Fund Group	19274

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	19275
4520	200638	Fees and Refunds	$	500,000	$	500,000	19276
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	19277
5960	200656	Ohio Career Information System	$	529,761	$	529,761	19278
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	19279
5JC0	200629	Career Advising and Mentoring	$	0	$	10,000,000	19280
5JC0	200654	Adult Career Opportunity Pilot Program	$	0	$	2,500,000	19281
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	19282
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	19283
TOTAL GSF General Services							19284
Fund Group			$	41,764,032	$	~~47,108,544~~ 59,608,544	19285

Federal Special Revenue Fund Group	19286

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	19287
3670	200607	School Food Services	$	8,200,664	$	8,700,149	19288
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	19289
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	19290
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	19291
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	19292
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	19293
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	19294
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	19295
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	19296
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	19297
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	19298
3EK0	200637	Advanced Placement	$	450,000	$	450,000	19299
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	19300
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	19301
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	19302
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	19303
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	19304
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	19305
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	19306
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	19307
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	19308
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	19309
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	19310
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	19311
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	19312
3T40	200613	Public Charter Schools	$	500,000	$	0	19313
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	19314
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	19315
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	19316
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	19317
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	19318
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	19319
TOTAL FED Federal Special							19320
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	19321

State Special Revenue Fund Group	19322

4540	200610	GED Testing	$	1,050,000	$	250,000	19323
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	19324
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	19325
4V70	200633	Interagency Program Support	$	717,725	$	717,725	19326
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	19327
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	19328
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	19329
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	19330
5U20	200685	National Education Statistics	$	300,000	$	300,000	19331
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	19332
TOTAL SSR State Special Revenue							19333
Fund Group			$	53,996,635	$	54,149,635	19334

Lottery Profits Education Fund Group	19335

7017	200612	Foundation Funding	$	775,500,000	$	853,000,000	19336
7017	200648	Straight A Fund	$	100,000,000	$	150,000,000	19337
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	19338
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	19339
TOTAL LPE Lottery Profits							19340
Education Fund Group			$	891,500,000	$	1,027,500,000	19341

Revenue Distribution Fund Group	19342

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	19343
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	19344
TOTAL RDF Revenue Distribution							19345
Fund Group			$	510,000,000	$	510,000,000	19346
TOTAL ALL BUDGET FUND GROUPS			$	~~11,520,765,322~~ 11,508,765,322	$	~~12,013,518,929~~ 12,016,018,929	19347

Sec. 263.230. FOUNDATION FUNDING

19349

Of the foregoing appropriation item 200550, Foundation	19350
Funding, up to $675,000 in fiscal year 2014 shall be used to	19351
support the work of the College of Education and Human Ecology at	19352
the Ohio State University in reviewing and assessing the alignment	19353
of courses offered through the distance learning clearinghouse	19354
established in sections 3333.81 to 3333.88 of the Revised Code	19355
with the academic content standards adopted under division (A) of	19356
section 3301.079 of the Revised Code.	19357

Of the foregoing appropriation item 200550, Foundation	19358
Funding, up to $40,000,000 in each fiscal year shall be used to	19359
provide additional state aid to school districts, joint vocational	19360
school districts, community schools, and STEM schools for special	19361
education students under division (C)(3) of section 3314.08,	19362
section 3317.0214, division (B) of section 3317.16, and section	19363
3326.34 of the Revised Code, except that the Controlling Board may	19364
increase these amounts if presented with such a request from the	19365
Department of Education at the final meeting of the fiscal year.	19366

Of the foregoing appropriation item 200550, Foundation	19367
Funding, up to $2,000,000 in each fiscal year shall be reserved	19368
for Youth Services tuition payments under section 3317.024 of the	19369
Revised Code.	19370

Of the foregoing appropriation item 200550, Foundation	19371
Funding, up to $3,800,000 in each fiscal year shall be used to	19372
fund gifted education at educational service centers. The	19373
Department shall distribute the funding through the unit-based	19374
funding methodology in place under division (L) of section	19375
3317.024, division (E) of section 3317.05, and divisions (A), (B),	19376
and (C) of section 3317.053 of the Revised Code as they existed	19377
prior to fiscal year 2010.	19378

Of the foregoing appropriation item 200550, Foundation	19379
Funding, up to $43,500,000 in fiscal year 2014 and up to	19380
$40,000,000 in fiscal year 2015 shall be reserved to fund the	19381
state reimbursement of educational service centers under the	19382
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	19383
entitled "EDUCATIONAL SERVICE CENTERS FUNDING"; and up to	19384
$3,500,000 in each fiscal year shall be distributed to educational	19385
service centers for School Improvement Initiatives and, in	19386
consultation with the Governor's Director of 21st Century	19387
Education, for the provision of technical assistance as required	19388
by the Elementary and Secondary Education Act Flexibility waivers	19389
approved for Ohio by the United States Department of Education.	19390
Educational service centers shall be required to support districts	19391
in the development and implementation of their continuous	19392
improvement plans as required in section 3302.04 of the Revised	19393
Code and to provide technical assistance and support in accordance	19394
with Title I of the "No Child Left Behind Act of 2001," 115 Stat.	19395
1425, 20 U.S.C. 6317, as administered pursuant to the Elementary	19396
and Secondary Education Act Flexibility waivers approved for Ohio	19397
by the United States Department of Education.	19398

Of the foregoing appropriation item 200550, Foundation	19399
Funding, up to $20,000,000 in each fiscal year shall be reserved	19400
for payments under sections 3317.026, 3317.027, and 3317.028 of	19401
the Revised Code. If this amount is not sufficient, the Department	19402
of Education shall prorate the payment amounts so that the	19403
aggregate amount allocated in this paragraph is not exceeded.	19404

Of the foregoing appropriation item 200550, Foundation	19405
Funding, up to $2,000,000 in each fiscal year shall be used to pay	19406
career-technical planning districts for the amounts reimbursed to	19407
students, as prescribed in this paragraph. Each career-technical	19408
planning district shall reimburse individuals taking the online	19409
General Educational Development (GED) test for the first time for	19410
application/test fees in excess of $40. Each career-technical	19411
planning district shall designate a site or sites where	19412
individuals may register and take the exam. For each individual	19413
that registers for the exam, the career-technical planning	19414
district shall make available and offer career counseling	19415
services, including information on adult education programs that	19416
are available. Any remaining funds in each fiscal year shall be	19417
reimbursed to the Department of Youth Services and the Department	19418
of Rehabilitation and Correction for individuals in these	19419
facilities who have taken the GED for the first time. The amounts	19420
reimbursed shall not exceed the per-individual amounts reimbursed	19421
to other individuals under this section for each section of the	19422
GED.	19423

Of the foregoing appropriation item 200550, Foundation	19424
Funding, up to $410,000 in each fiscal year shall be used to pay	19425
career-technical planning districts $500 for each student that	19426
receives a journeyman certification, as recognized by the United	19427
States Department of Labor, and to pay a career-technical planning	19428
district $125 per full-time equivalent student who successfully	19429
completes the portion of an apprenticeship program offered by a	19430
private entity as specified in the agreement under section 3313.91	19431
of the Revised Code. The district shall apply to the Department	19432
for the apprenticeship program funding.	19433

Of the foregoing appropriation item 200550, Foundation	19434
Funding, up to $18,713,327 in each fiscal year shall be used to	19435
support school choice programs.	19436

Of the portion of the funds distributed to the Cleveland	19437
Municipal School District under this section, up to $11,901,887 in	19438
each fiscal year shall be used to operate the school choice	19439
program in the Cleveland Municipal School District under sections	19440
3313.974 to 3313.979 of the Revised Code. Notwithstanding	19441
divisions (B) and (C) of section 3313.978 and division (C) of	19442
section 3313.979 of the Revised Code, up to $1,000,000 in each	19443
fiscal year of this amount shall be used by the Cleveland	19444
Municipal School District to provide tutorial assistance as	19445
provided in division (H) of section 3313.974 of the Revised Code.	19446
The Cleveland Municipal School District shall report the use of	19447
these funds in the district's three-year continuous improvement	19448
plan as described in section 3302.04 of the Revised Code in a	19449
manner approved by the Department of Education.	19450

Of the foregoing appropriation item 200550, Foundation	19451
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay	19452
college-preparatory boarding schools the per pupil boarding amount	19453
pursuant to section 3328.34 of the Revised Code.	19454

Of the foregoing appropriation item 200550, Foundation	19455
Funding, up to $500,000 in each fiscal year shall be used to	19456
support Jobs for Ohio's Graduates.	19457

Of the foregoing appropriation item 200550, Foundation	19458
Funding, up to $250,000 in fiscal year 2015 may be used for	19459
payment of the Post-Secondary Enrollment Options Program for	19460
students instructed at home pursuant to section 3321.04 of the	19461
Revised Code.	19462

Of the foregoing appropriation item 200550, Foundation	19463
Funding, up to $5,000,000 in fiscal year 2014 shall be used to	19464
reimburse school districts for the full amount deducted in that	19465
year under section 3310.55 of the Revised Code for Jon Peterson	19466
Scholarships awarded under sections 3310.51 to 3310.64 of the	19467
Revised Code to students who did not attend a public school in	19468
their resident district in the previous school year. If this	19469
amount is not sufficient, the Department of Education shall	19470
prorate the payment amounts so that the aggregate amount	19471
appropriated in this paragraph is not exceeded.	19472

Of the foregoing appropriation item 200550, Foundation	19473
Funding, an amount shall be available in each fiscal year to be	19474
paid to joint vocational school districts in accordance with	19475
division (A) of section 3317.16 of the Revised Code and the	19476
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	19477
entitled "TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	19478
DISTRICTS."	19479

Of the foregoing appropriation item 200550, Foundation	19480
Funding, up to $700,000 in each fiscal year shall be used by the	19481
Department of Education for a program to pay for educational	19482
services for youth who have been assigned by a juvenile court or	19483
other authorized agency to any of the facilities described in	19484
division (A) of the section of ~~this act~~Am. Sub. H.B. 59 of the	19485
130th General Assembly entitled "PRIVATE TREATMENT FACILITY	19486
PROJECT."	19487

Of the foregoing appropriation item 200550, Foundation	19488
Funding, up to $675,000 in fiscal year 2015 shall be used to	19489
provide grants on a competitive basis to public and chartered	19490
nonpublic schools for their participation in the electronic	19491
textbook pilot project. These funds shall be administered as	19492
provided under the section of ~~this act~~Am. Sub. H.B. 59 of the	19493
130th General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.	19494

Of the foregoing appropriation item 200550, Foundation	19495
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000	19496
in fiscal year 2015 shall be used for the New Leaders for Ohio	19497
Schools Pilot Project in accordance with Section 733.40 of ~~this~~	19498
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly.	19499

The remainder of appropriation item 200550, Foundation	19500
Funding, shall be used to distribute the amounts calculated for	19501
formula aid under section 3317.022 of the Revised Code and the	19502
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	19503
entitled "TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED	19504
VILLAGE SCHOOL DISTRICTS." and the amounts calculated under	19505
section 3317.162 of the Revised Code.	19506

Appropriation items 200502, Pupil Transportation, 200540,	19507
Special Education Enhancements, and 200550, Foundation Funding,	19508
other than specific set-asides, are collectively used in each	19509
fiscal year to pay state formula aid obligations for school	19510
districts, community schools, STEM schools, college preparatory	19511
boarding schools, and joint vocational school districts under ~~this~~	19512
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly. The first	19513
priority of these appropriation items, with the exception of	19514
specific set-asides, is to fund state formula aid obligations. It	19515
may be necessary to reallocate funds among these appropriation	19516
items or use excess funds from other general revenue fund	19517
appropriation items in the Department of Education's budget in	19518
each fiscal year, in order to meet state formula aid obligations.	19519
If it is determined that it is necessary to transfer funds among	19520
these appropriation items or to transfer funds from other General	19521
Revenue Fund appropriations in the Department of Education's	19522
budget to meet state formula aid obligations, the Department of	19523
Education shall seek approval from the Controlling Board to	19524
transfer funds as needed.	19525

The Superintendent of Public Instruction shall make payments,	19526
transfers, and deductions, as authorized by Title XXXIII of the	19527
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	19528
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	19529
amounts substantially equal to those made in the prior year, or	19530
otherwise, at the discretion of the Superintendent, until at least	19531
the effective date of the amendments and enactments made to Title	19532
XXXIII by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly.	19533
If a new school district, community school, or STEM school opens	19534
prior to the effective date of ~~this act~~Am. Sub. H.B. 59 of the	19535
130th General Assembly, the Department of Education shall pay to	19536
the district or school an amount of $5,000 per pupil, based upon	19537
the estimated number of students that the district or school is	19538
expected to serve. Any funds paid to districts or schools under	19539
this section shall be credited toward the annual funds calculated	19540
for the district or school after the changes made to Title XXXIII	19541
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly are	19542
effective. Upon the effective date of changes made to Title XXXIII	19543
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, funds	19544
shall be calculated as an annual amount.	19545

Sec. 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND	19546
EXEMPTED VILLAGE SCHOOL DISTRICTS	19547

The Department of Education shall distribute funds within	19548
appropriation item 200550, Foundation Funding, for temporary	19549
transitional aid in each fiscal year to each qualifying city,	19550
local, and exempted village school district.	19551

(A) For fiscal years 2014 and 2015, the Department shall pay	19552
temporary transitional aid to each city, local, or exempted	19553
village school district that experiences any decrease in its state	19554
foundation funding for the current fiscal year from its	19555
transitional aid guarantee base. The amount of the temporary	19556
transitional aid payment shall equal the difference between its	19557
foundation funding for the current fiscal year and its	19558
transitional aid guarantee base. If the computation made under	19559
this division results in a negative number, the district's funding	19560
under this division shall be zero.	19561

(1) As used in this section, foundation funding for each	19562
city, local, and exempted village school district for a given	19563
fiscal year equals the sum of the amount calculated for the	19564
district under section 3317.022 of the Revised Code, as re-enacted	19565
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, and	19566
the amounts calculated for the district under divisions (G)(1) and	19567
(2) of section 3317.0212 of the Revised Code, as amended by ~~this~~	19568
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly, for that	19569
fiscal year.	19570

(2) The transitional aid guarantee base for each city, local,	19571
and exempted village school district equals the sum of the amounts	19572
computed for the district for fiscal year 2013, under Sections	19573
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	19574
129th General Assembly. The Department of Education shall adjust,	19575
as necessary, the transitional aid guarantee base of any local	19576
school district that participates in the establishment of a joint	19577
vocational school district that begins receiving payments under	19578
section 3317.16 of the Revised Code, as re-enacted by ~~this act~~Am.	19579
Sub. H.B. 59 of the 130th General Assembly, for fiscal year 2014	19580
or fiscal year 2015, but does not receive payments under Section	19581
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for	19582
fiscal year 2013. The Department shall adjust any such local	19583
school district's guarantee base according to the amounts received	19584
by the district in fiscal year 2013 for career-technical education	19585
students who attend the newly established joint vocational school	19586
district in fiscal year 2014 or fiscal year 2015.	19587

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	19588
as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	19589
Assembly, in fiscal year 2014, no city, local, or exempted village	19590
school district shall be allocated foundation funding that is	19591
greater than 1.0625 times the district's transitional aid	19592
guarantee base.	19593

(2) Notwithstanding section 3317.022 of the Revised Code, as	19594
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	19595
Assembly, in fiscal year 2015, no city, local, or exempted village	19596
school district shall be allocated foundation funding that is	19597
greater than 1.105 times the district's fiscal year 2014 base,	19598
which is the amount computed for foundation funding for the	19599
district for fiscal year 2014 plus any amount calculated for	19600
temporary transitional aid for fiscal year 2014 under division (A)	19601
of this section and after any reductions made for fiscal year 2014	19602
under division (B)(1) of this section. The Department shall	19603
adjust, as necessary, the fiscal year 2014 base of any local	19604
school district that participates in the establishment of a joint	19605
vocational school district that begins receiving payments under	19606
section 3317.16 of the Revised Code for fiscal year 2015, but does	19607
not receive such payments for fiscal year 2014. The Department	19608
shall adjust any such local school district's fiscal year 2014	19609
base according to the amounts received by the district in fiscal	19610
year 2014 for career-technical education students who attend the	19611
newly established joint vocational school district in fiscal year	19612
2015.	19613

(3) The Department shall reduce a district's payments under	19614
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	19615
of the Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of	19616
the 130th General Assembly, and divisions (G)(1) and (2) of	19617
section 3317.0212 of the Revised Code, as amended by ~~this act~~Am.	19618
Sub. H.B. 59 of the 130th General Assembly, proportionately as	19619
necessary in order to comply with this division. If those amounts	19620
are insufficient, the Department shall proportionately reduce a	19621
district's payments under divisions (A)(3), (8), and (9) of	19622
section 3317.022 of the Revised Code, as re-enacted by ~~this act~~	19623
Am. Sub. H.B. 59 of the 130th General Assembly.	19624

Sec. 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	19625
VOCATIONAL SCHOOL DISTRICTS	19626

The Department of Education shall distribute funds within	19627
appropriation item 200550, Foundation Funding, for temporary	19628
transitional aid in each fiscal year to each qualifying joint	19629
vocational school district.	19630

(A) For fiscal years 2014 and 2015, the Department shall pay	19631
temporary transitional aid to each joint vocational school	19632
district that experiences any decrease in its state core	19633
foundation funding under division (A) of section 3317.16 of the	19634
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	19635
130th General Assembly, for the current fiscal year from its	19636
transitional aid guarantee base. The amount of the temporary	19637
transitional aid payment shall equal the difference between the	19638
district's funding under division (A) of section 3317.16 of the	19639
Revised Code for the current fiscal year and its transitional aid	19640
guarantee base. If the computation made under this division	19641
results in a negative number, the district's funding under this	19642
division shall be zero.	19643

The transitional aid guarantee base for each joint vocational	19644
school district equals the amount computed for the district for	19645
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	19646
the 129th General Assembly. The Department of Education shall	19647
establish, as necessary, the transitional aid guarantee base of	19648
any joint vocational school district that begins receiving	19649
payments under section 3317.16 of the Revised Code, as re-enacted	19650
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, for	19651
fiscal year 2014 or fiscal year 2015, but does not receive	19652
payments under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th	19653
General Assembly, for fiscal year 2013. The Department shall	19654
establish any such joint vocational school district's guarantee	19655
base as an amount equal to the absolute value of the sum of the	19656
associated adjustments of any local school districts' guarantee	19657
bases under Section 263.240 of ~~this act~~Am. Sub. H.B. 59 of the	19658
130th General Assembly.	19659

(B)(1) Notwithstanding division (A) of section 3317.16 of the	19660
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	19661
130th General Assembly, in fiscal year 2014, no joint vocational	19662
school district shall be allocated state core foundation funding,	19663
as computed under division (A) of section 3317.16 of the Revised	19664
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	19665
General Assembly, that is greater than 1.0625 times the district's	19666
transitional aid guarantee base.	19667

(2) Notwithstanding division (A) of section 3317.16 of the	19668
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	19669
130th General Assembly, in fiscal year 2015, no joint vocational	19670
school district shall be allocated state core foundation funding,	19671
under division (A) of section 3317.16 of the Revised Code, as	19672
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	19673
Assembly, that is greater than 1.105 times the district's fiscal	19674
year 2014 base, which is the amount computed for state core	19675
foundation funding for the district for fiscal year 2014 under	19676
division (A) of section 3317.16 of the Revised Code, as re-enacted	19677
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, plus	19678
any amount calculated for temporary transitional aid for fiscal	19679
year 2014 under division (A) of this section and after any	19680
reductions made for fiscal year 2014 under division (B)(1) of this	19681
section. The Department shall establish, as necessary, the fiscal	19682
year 2014 base of any joint vocational school district that begins	19683
receiving payments under section 3317.16 of the Revised Code for	19684
fiscal year 2015, but does not receive such payments for fiscal	19685
year 2014. The Department shall establish any such joint	19686
vocational school district's fiscal year 2014 base as an amount	19687
equal to the absolute value of the sum of the associated	19688
adjustments of any local school district's fiscal year 2014 base	19689
under division (B)(2) of Section 263.240 of Am. Sub. H.B. 59 of	19690
the 130th General Assembly.	19691

(3) The Department shall reduce a district's payments under	19692
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	19693
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	19694
General Assembly, proportionately as necessary in order to comply	19695
with this division. If those amounts are insufficient, the	19696
Department shall proportionately reduce a district's payments	19697
under divisions (A)(2), (5), and (6) of section 3317.16 of the	19698
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	19699
130th General Assembly.	19700

Sec. 263.270. TEACHER CERTIFICATION AND LICENSURE

19701

The foregoing appropriation item 200681, Teacher	19702
Certification and Licensure, shall be used by the Department of	19703
Education in each year of the biennium to administer and support	19704
teacher certification and licensure activities.	19705

SCHOOL DISTRICT SOLVENCY ASSISTANCE

19706

(A) Of the foregoing appropriation item 200687, School	19707
District Solvency Assistance, $20,000,000 in each fiscal year	19708
shall be allocated to the School District Shared Resource Account	19709
and $5,000,000 in each fiscal year shall be allocated to the	19710
Catastrophic Expenditures Account. These funds shall be used to	19711
provide assistance and grants to school districts to enable them	19712
to remain solvent under section 3316.20 of the Revised Code.	19713
Assistance and grants shall be subject to approval by the	19714
Controlling Board. Except as provided under division (C) of this	19715
section, any required reimbursements from school districts for	19716
solvency assistance shall be made to the appropriate account in	19717
the School District Solvency Assistance Fund (Fund 5H30).	19718

(B) Notwithstanding any provision of law to the contrary,	19719
upon the request of the Superintendent of Public Instruction, the	19720
Director of Budget and Management may make transfers to the School	19721
District Solvency Assistance Fund (Fund 5H30) from any fund used	19722
by the Department of Education or the General Revenue Fund to	19723
maintain sufficient cash balances in Fund 5H30 in fiscal years	19724
2014 and 2015. Any cash transferred is hereby appropriated. The	19725
transferred cash may be used by the Department of Education to	19726
provide assistance and grants to school districts to enable them	19727
to remain solvent and to pay unforeseeable expenses of a temporary	19728
or emergency nature that the school district is unable to pay from	19729
existing resources. The Director of Budget and Management shall	19730
notify the members of the Controlling Board of any such transfers.	19731

(C) If the cash balance of the School District Solvency	19732
Assistance Fund (Fund 5H30) is insufficient to pay solvency	19733
assistance in fiscal years 2014 and 2015, at the request of the	19734
Superintendent of Public Instruction, and with the approval of the	19735
Controlling Board, the Director of Budget and Management may	19736
transfer cash from the Lottery Profits Education Reserve Fund	19737
(Fund 7018) to Fund 5H30 to provide assistance and grants to	19738
school districts to enable them to remain solvent and to pay	19739
unforeseeable expenses of a temporary nature that they are unable	19740
to pay from existing resources under section 3316.20 of the	19741
Revised Code. Such transfers are hereby appropriated to	19742
appropriation item 200670, School District Solvency Assistance –	19743
Lottery. Any required reimbursements from school districts for	19744
solvency assistance granted from appropriation item 200670, School	19745
District Solvency Assistance – Lottery, shall be made to Fund	19746
7018.	19747

CAREER ADVISING AND MENTORING PROGRAM

19748

The foregoing appropriation item 200629, Career Advising and	19749
Mentoring, shall be used by the State Superintendent of Public	19750
Instruction to create the Career Advising and Mentoring Grant	19751
Program. The Superintendent shall develop guidelines for the	19752
grants. The program shall award competitive matching grants to	19753
provide funding for local networks of volunteers and organizations	19754
to sponsor career advising and mentoring for students in eligible	19755
school districts. Each grant award shall match up to three times	19756
the funds allocated to the project by the local network. Eligible	19757
school districts are those with a high percentage of students in	19758
poverty, a high number of students not graduating on time, and	19759
other criteria as determined by the State Superintendent. Eligible	19760
school districts shall partner with members of the business	19761
community, civic organizations, or the faith-based community to	19762
provide sustainable career advising and mentoring services.	19763

ADULT CAREER OPPORTUNITY PILOT PROGRAM

19764

The foregoing appropriation item 200654, Adult Career	19765
Opportunity Pilot Program, shall be used by the Superintendent of	19766
Public Instruction to award and administer planning grants for the	19767
Adult Career Opportunity Pilot Program established in section	19768
3313.902 of the Revised Code. The Superintendent may award grants	19769
of up to $500,000 to not more than five eligible institutions. The	19770
grants shall be used by selected eligible institutions to build	19771
capacity to implement the program beginning in the 2015-2016	19772
academic year.	19773

The Superintendent of Public Instruction and the Chancellor,	19774
or their designees, shall develop an application process to award	19775
these grants to eligible institutions geographically dispersed	19776
across the state. Any remaining appropriation after providing	19777
grants to eligible institutions may be used to provide technical	19778
assistance to eligible institutions receiving the grant.	19779

The Superintendent, in consultation with the Chancellor, the	19780
Governor's Office of Workforce Transformation, the Ohio	19781
Association of Community Colleges, Ohio Technical Centers, Adult	19782
Basic and Literacy Education programs, and other interested	19783
parties as deemed necessary, or their designees, shall develop	19784
recommendations for the method of funding and other associated	19785
requirements for the Adult Career Opportunity Pilot Program. The	19786
Superintendent shall provide a report of the recommendations to	19787
the Governor, the President of the Senate, and the Speaker of the	19788
House of Representatives by December 31, 2014.	19789

As used in this section, "eligible institution" has the same	19790
meaning as in section 3313.902 of the Revised Code.	19791

Sec. 263.325. (A) The Straight A Program is hereby created	19792
for fiscal years 2014 and 2015 to provide grants to city, local,	19793
exempted village, and joint vocational school districts,	19794
educational service centers, community schools established under	19795
Chapter 3314., STEM schools established under Chapter 3326.,	19796
college-preparatory boarding schools established under Chapter	19797
3328. of the Revised Code, individual school buildings, education	19798
consortia (which may represent a partnership among school	19799
districts, school buildings, community schools, or STEM schools),	19800
institutions of higher education, and private entities partnering	19801
with one or more of the educational entities identified in this	19802
division for projects that aim to achieve significant advancement	19803
in one or more of the following goals:	19804

(1) Student achievement;

19805

(2) Spending reduction in the five-year fiscal forecast	19806
required under section 5705.391 of the Revised Code;	19807

(3) Utilization of a greater share of resources in the	19808
classroom.	19809

(B)(1) Grants shall be awarded by a nine-member governing	19810
board consisting of the Superintendent of Public Instruction, or	19811
the Superintendent's designee, four members appointed by the	19812
Governor, two members appointed by the Speaker of the House of	19813
Representatives, and two members appointed by the President of the	19814
Senate. The Department of Education shall provide administrative	19815
support to the board. No member shall be compensated for the	19816
member's service on the board.	19817

(2) The board shall select grant advisors with fiscal	19818
expertise and education expertise. These advisors shall evaluate	19819
proposals from grant applicants and advise the staff administering	19820
the program. No advisor shall be compensated for this service.	19821

(3) The board shall issue an annual report to the Governor,	19822
the Speaker of the House of Representatives, the President of the	19823
Senate, and the chairpersons of the House and Senate committees	19824
that primarily deal with education regarding the types of grants	19825
awarded, the grant recipients, and the effectiveness of the grant	19826
program.	19827

(4) The board shall create a grant application and publish on	19828
the Department's web site the application and timeline for the	19829
submission, review, notification, and awarding of grant proposals.	19830

(5) With the approval of the board, the Department shall	19831
establish a system for evaluating and scoring the grant	19832
applications received under this section.	19833

(C) Each grant applicant shall submit a proposal that	19834
includes all of the following:	19835

(1) A description of the project for which the applicant is	19836
seeking a grant, including a description of how the project will	19837
have substantial value and lasting impact;	19838

(2) An explanation of how the project will be	19839
self-sustaining. If the project will result in increased ongoing	19840
spending, the applicant shall show how the spending will be offset	19841
by verifiable, credible, permanent spending reductions.	19842

(3) A description of quantifiable results of the project that	19843
can be benchmarked.	19844

If an education consortia described in division (A) of this	19845
section applies for a grant, the lead applicant shall be the	19846
school district, school building, community school, or STEM school	19847
that is a member of the consortia and shall so indicate on the	19848
grant application.	19849

(D)(1) Within seventy-five days after receiving a grant	19850
application, the board shall issue a decision on the application	19851
of "yes," "no," "hold," or "edit." In making its decision, the	19852
board shall consider whether the project has the capability of	19853
being replicated in other school districts and schools or creates	19854
something that can be used in other districts and schools. A grant	19855
awarded under this section to a school district, educational	19856
service center, community school, STEM school, college-preparatory	19857
boarding school, individual school building, institution of higher	19858
education, or private entity partnering with one or more of the	19859
educational entities identified in division (A) of this section	19860
shall not exceed $5,000,000 in each fiscal year. A grant awarded	19861
to an education consortia shall not exceed $15,000,000 in each	19862
fiscal year. The Superintendent of Public Instruction may make	19863
recommendations to the Controlling Board that these maximum	19864
amounts be exceeded. Upon Controlling Board approval, grants may	19865
be awarded in excess of these amounts.	19866

(2) If the board issues a "hold" or "edit" decision for an	19867
application, it shall, upon returning the application to the	19868
applicant, specify the process for reconsideration of the	19869
application. An applicant may work with the grant advisors and	19870
staff to modify or improve a grant application.	19871

(E) Upon deciding to award a grant to an applicant, the board	19872
shall enter into a grant agreement with the applicant that	19873
includes all of the following:	19874

(1) The content of the applicant's proposal as outlined under	19875
division (C) of this section;	19876

(2) The project's deliverables and a timetable for their	19877
completion;	19878

(3) Conditions for receiving grant funding;

19879

(4) Conditions for receiving funding in future years if the	19880
contract is a multi-year contract;	19881

(5) A provision specifying that funding will be returned to	19882
the board if the applicant fails to implement the agreement, as	19883
determined by the Auditor of State.	19884

(6) A provision specifying that the agreement may be amended	19885
by mutual agreement between the board and the applicant.	19886

(F) An advisory committee for the Straight A Program is	19887
hereby established. The committee shall consist of not more than	19888
eleven members appointed by the Governor that represent all areas	19889
of the state and different interests. The committee shall annually	19890
review the Straight A Program and provide strategic advice to the	19891
governing board and the Director of the Governor's Office of 21st	19892
Century Education.	19893

(G) Each grant awarded under this section shall be subject to	19894
approval by the Controlling Board prior to execution of the grant	19895
agreement.	19896

(H) Notwithstanding Section 503.50 of Am. Sub. H.B. 59 of the	19897
130th General Assembly, encumbrances made for grants awarded under	19898
this section may be used for expenses incurred outside of the	19899
fiscal year in which the grant is awarded and remain open for	19900
twelve months after the close of the fiscal year.	19901

Sec. 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

19902

General Revenue Fund	19903

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		19904
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		19905

General Services Fund Group	19906

1990	715602	Laboratory Services	$	252,153	$	326,029	19907
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	19908
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	19909
4D50	715618	Recycled State Materials	$	50,000	$	50,000	19910
TOTAL GSF General Services							19911
Fund Group			$	13,157,833	$	13,233,709	19912

Federal Special Revenue Fund Group	19913

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	19914
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	19915
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	19916
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	19917
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	19918
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	19919
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	19920
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	19921
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	~~10,000,000~~ 2,500,000	19922
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	19923
3V70	715606	Agencywide Grants	$	600,000	$	600,000	19924
TOTAL FED Federal Special Revenue							19925
Fund Group			$	46,531,800	$	~~46,016,675~~ 38,516,675	19926

State Special Revenue Fund Group	19927

4J00	715638	Underground Injection Control	$	389,126	$	402,697	19928
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	19929
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	19930
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	19931
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	19932
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	19933
4P50	715654	Cozart Landfill	$	100,000	$	100,000	19934
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	19935
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	19936
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	19937
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	19938
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	19939
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	19940
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	19941
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	19942
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	19943
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	19944
5420	715671	Risk Management Reporting	$	208,936	$	214,826	19945
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	19946
5BC0	715617	Clean Ohio	$	611,455	$	611,455	19947
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	19948
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	19949
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	19950
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	19951
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	19952
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	19953
5BC0	715678	Corrective Actions	$	705,423	$	705,423	19954
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	19955
5BC0	715692	Administration	$	10,582,627	$	10,582,627	19956
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	19957
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	19958
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	19959
5H40	715664	Groundwater Support	$	128,212	$	223,212	19960
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	19961
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	19962
6600	715629	Infectious Waste Management	$	88,764	$	88,764	19963
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	19964
6780	715635	Air Toxic Release	$	133,636	$	133,636	19965
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	19966
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	19967
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	19968
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	19969
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	19970

Clean Ohio Conservation Fund Group	19971

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	19972
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	19973
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	~~205,756,723~~ 198,256,723	19974

AREAWIDE PLANNING AGENCIES

19975

The Director of Environmental Protection Agency may award	19976
grants from appropriation item 715687, Areawide Planning Agencies,	19977
to areawide planning agencies engaged in areawide water quality	19978
management and planning activities in accordance with Section 208	19979
of the "Federal Clean Water Act," 33 U.S.C. 1288.	19980

CASH TRANSFERS

19981

On July 1, 2013, or as soon as possible thereafter, the	19982
Director of Budget and Management may transfer up to $11,400,000	19983
cash from the Hazardous Waste Management Fund (Fund 5030) to the	19984
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	19985
corrective action programs that were transferred to the Division	19986
of Environmental Response and Revitalization.	19987

On July 1, 2013, or as soon as possible thereafter, the	19988
Director of Environmental Protection shall certify to the Director	19989
of Budget and Management the cash balance in the Dredge and Fill	19990
Fund (Fund 5N20). The Director of Budget and Management shall	19991
transfer the certified amount from Fund 5N20 to the Surface Water	19992
Protection Fund (Fund 4K40). Any existing encumbrances against	19993
appropriation item 715613, Dredge and Fill, shall be canceled and	19994
reestablished against appropriation item 715650, Surface Water	19995
Protection. The reestablished encumbrance amounts are hereby	19996
appropriated and Fund 5N20 is abolished.	19997

Sec. 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

19998

General Revenue Fund	19999

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	20000
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	20001
GRF	230908	Common Schools General Obligation Debt Service	$	~~351,806,100~~ 332,506,100	$	~~377,364,700~~ 358,364,700	20002
TOTAL GRF General Revenue Fund			$	~~387,408,251~~ 368,108,251	$	~~409,464,951~~ 390,464,951	20003

General Services Fund Group	20004

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		20005
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		20006

State Special Revenue Fund Group	20007

4T80	230603	Community Project Administration	$	200,000	$	200,000	20008
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	20009
TOTAL SSR State Special Revenue							20010
Fund Group			$	8,750,000	$	8,750,000	20011
TOTAL ALL BUDGET FUND GROUPS			$	~~405,621,593~~ 386,321,593	$	~~427,678,293~~ 408,678,293	20012

Sec. 282.30. COMMUNITY PROJECT ADMINISTRATION

20014

The foregoing appropriation item 230603, Community Project	20015
Administration, shall be used by the Ohio Facilities Construction	20016
Commission in administering Cultural and Sports Facilities	20017
Building Fund (Fund 7030) projects pursuant to section 123.201 of	20018
the Revised Code.	20019

TRANSFERS TO CULTURAL FACILITIES ADMINISTRATION FUND

20020

By the tenth day following each calendar quarter in each	20021
fiscal year, or as soon as possible thereafter, the Director of	20022
Budget and Management shall determine the amount of cash, if any,	20023
to be transferred from the Cultural and Sports Facilities Building	20024
Fund (Fund 7030) to the Cultural Facilities Administration Fund	20025
(Fund 4T80).	20026

As soon as possible after each bond issuance made on behalf	20027
of the Facilities Construction Commission, the Director of Budget	20028
and Management shall determine the amount of cash, if any, from	20029
the bond proceeds to be transferred, after all issuance costs have	20030
been paid, from Fund 7030 to Fund 4T80.	20031

Sec. 285.10. DOH DEPARTMENT OF HEALTH

20032

General Revenue Fund	20033

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	20034
GRF	440413	Local Health Departments	$	823,061	$	823,061	20035
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	20036
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	20037
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	20038
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	20039
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	20040
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	20041
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	20042
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	20043
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	20044
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	20045
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	~~2,686,688~~ 1,186,688	20046
GRF	440467	Access to Dental Care	$	540,484	$	540,484	20047
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	20048
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	20049
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	20050
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	20051
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	20052
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	20053
GRF	440516	Enhanced Primary Care Capacity	$	0	$	1,500,000	20054
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	20055
TOTAL GRF General Revenue Fund			$	88,607,614	$	88,607,614	20056

State Highway Safety Fund Group	20057

4T40	440603	Child Highway Safety	$	233,894	$	233,894	20058
TOTAL HSF State Highway Safety							20059
Fund Group			$	233,894	$	233,894	20060

General Services Fund Group	20061

1420	440646	Agency Health Services	$	820,998	$	820,998	20062
2110	440613	Central Support Indirect Costs	$	30,615,591	$	~~31,052,469~~ 30,052,469	20063
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	20064
6980	440634	Nurse Aide Training	$	99,265	$	99,265	20065
TOTAL GSF General Services							20066
Fund Group			$	36,535,854	$	~~36,972,732~~ 35,972,732	20067

Federal Special Revenue Fund Group	20068

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	20069
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	20070
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	20071
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	20072
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	20073
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	20074
TOTAL FED Federal Special Revenue							20075
Fund Group			$	455,010,657	$	457,383,142	20076

State Special Revenue Fund Group	20077

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	20078
4710	440619	Certificate of Need	$	878,433	$	878,433	20079
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	20080
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	20081
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	20082
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	20083
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	20084
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	20085
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	20086
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	20087
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	20088
5CN0	440645	Choose Life	$	75,000	$	75,000	20089
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	20090
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	20091
5G40	440639	Adoption Services	$	20,000	$	20,000	20092
5PE0	440659	Breast and Cervical Cancer Services	$	0	$	100,000	20093
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	20094
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	20095
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	20096
TOTAL SSR State Special Revenue							20097
Fund Group			$	68,601,542	$	~~68,946,022~~ 69,046,022	20098

Holding Account Redistribution Fund Group	20099

R014	440631	Vital Statistics	$	44,986	$	44,986	20100
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	20101
TOTAL 090 Holding Account							20102
Redistribution Fund Group			$	64,986	$	64,986	20103

Tobacco Master Settlement Agreement Fund Group	20104

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	~~1,450,000~~ 6,350,000	20105
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	~~1,450,000~~ 6,350,000	20106
TOTAL ALL BUDGET FUND GROUPS			$	650,504,547	$	~~653,658,390~~ 657,658,390	20107

Sec. 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

20109

Of the foregoing appropriation item 440416, Mothers and	20110
Children Safety Net Services, $200,000 in each fiscal year shall	20111
be used to assist families with hearing impaired children under	20112
twenty-one years of age in purchasing hearing aids. The Director	20113
of Health shall adopt rules governing the distribution of these	20114
funds, including rules that do both of the following: (1)	20115
establish eligibility criteria to include families with incomes at	20116
or below four hundred per cent of the federal poverty guidelines	20117
as defined in section 5101.46 of the Revised Code, and (2) develop	20118
a sliding scale of disbursements under this section based on	20119
family income. The Director may adopt other rules as necessary to	20120
implement this section. Rules adopted under this section shall be	20121
adopted in accordance with Chapter 119. of the Revised Code.	20122

The Department shall disburse all of the funds appropriated	20123
under this section.	20124

HIV/AIDS PREVENTION/TREATMENT

20125

The foregoing appropriation item 440444, AIDS Prevention and	20126
Treatment, shall be used to assist persons with HIV/AIDS in	20127
acquiring HIV-related medications and to administer educational	20128
prevention initiatives.	20129

PUBLIC HEALTH LABORATORY

20130

A portion of the foregoing appropriation item 440451, Public	20131
Health Laboratory, shall be used for coordination and management	20132
of prevention program operations and the purchase of drugs for	20133
sexually transmitted diseases.	20134

HELP ME GROW

20135

The foregoing appropriation item 440459, Help Me Grow, shall	20136
be used by the Department of Health to implement the Help Me Grow	20137
Program. Funds shall be distributed to counties through	20138
agreements, contracts, grants, or subsidies in accordance with	20139
section 3701.61 of the Revised Code. Appropriation item 440459,	20140
Help Me Grow, may be used in conjunction with other early	20141
childhood funds and services to promote the optimal development of	20142
young children and family-centered programs and services that	20143
acknowledge and support the social, emotional, cognitive,	20144
intellectual, and physical development of children and the vital	20145
role of families in ensuring the well-being and success of	20146
children. The Department of Health shall enter into interagency	20147
agreements with the Department of Education, Department of	20148
Developmental Disabilities, Department of Job and Family Services,	20149
and Department of Mental Health and Addiction Services to ensure	20150
that all early childhood programs and initiatives are coordinated	20151
and school linked.	20152

The foregoing appropriation item 440459, Help Me Grow, may	20153
also be used for the Developmental Autism and Screening Program.	20154

INFANT VITALITY

20155

The foregoing appropriation item 440474, Infant Vitality,	20156
shall be used to fund the following projects, which are hereby	20157
created:	20158

(A) The Infant Safe Sleep Campaign to educate parents and	20159
caregivers with a uniform message regarding safe sleep	20160
environments;	20161

(B) The Progesterone Prematurity Prevention Project to enable	20162
prenatal care providers to identify, screen, treat, and track	20163
outcomes for women eligible for progesterone supplementation; and	20164

(C) The Prenatal Smoking Cessation Project to enable prenatal	20165
care providers who work with women of reproductive age, including	20166
pregnant women, to have the tools, training, and technical	20167
assistance needed to treat smokers effectively.	20168

TARGETED HEALTH CARE SERVICES OVER 21

20169

The foregoing appropriation item 440507, Targeted Health Care	20170
Services Over 21, shall be used to administer the Cystic Fibrosis	20171
Program and to implement the Hemophilia Insurance Premium Payment	20172
Program.	20173

The foregoing appropriation item 440507, Targeted Health Care	20174
Services Over 21, shall also be used to provide essential	20175
medications and to pay the copayments for drugs approved by the	20176
Department of Health and covered by Medicare Part D that are	20177
dispensed to Bureau for Children with Medical Handicaps (BCMH)	20178
participants for the Cystic Fibrosis Program.	20179

The Department shall expend all of these funds.

20180

CASH TRANSFERS TO THE MEDICAID FUND

20181

On July 1, 2013, or as soon as possible thereafter, the	20182
Director of Health shall certify to the Director of Budget and	20183
Management the cash balance relating to Medicaid restructuring in	20184
the following funds, all used by the Department of Health: the	20185
General Operations Fund (Fund 4700); the General Operations Fund	20186
(Fund 1420); the General Operations Fund (Fund 3920); and the	20187
Medicaid/Medicare Fund (Fund 3910). Upon receiving this	20188
certification, the Director of Budget and Management may transfer	20189
the amount certified to the Medicaid Fund (Fund 3GD0), used by the	20190
Department of Health. If this transfer occurs, the Director of	20191
Budget and Management shall cancel any existing encumbrances	20192
pertaining to Medicaid in appropriation items 440647, Fee	20193
Supported Programs, 440646, Agency Health Services, 440618,	20194
Federal Public Health Programs, and 440606, Medicare Survey and	20195
Certification, and reestablish them against appropriation item	20196
654601, Medicaid Program Support. The reestablished encumbrance	20197
amounts are hereby appropriated.	20198

GENETICS SERVICES

20199

The foregoing appropriation item 440608, Genetics Services	20200
(Fund 4D60), shall be used by the Department of Health to	20201
administer programs authorized by sections 3701.501 and 3701.502	20202
of the Revised Code. None of these funds shall be used to counsel	20203
or refer for abortion, except in the case of a medical emergency.	20204

MEDICALLY HANDICAPPED CHILDREN AUDIT

20205

The Medically Handicapped Children Audit Fund (Fund 4770)	20206
shall receive revenue from audits of hospitals and recoveries from	20207
third-party payers. Moneys may be expended for payment of audit	20208
settlements and for costs directly related to obtaining recoveries	20209
from third-party payers and for encouraging Medically Handicapped	20210
Children's Program recipients to apply for third-party benefits.	20211
Moneys also may be expended for payments for diagnostic and	20212
treatment services on behalf of medically handicapped children, as	20213
defined in division (A) of section 3701.022 of the Revised Code,	20214
and Ohio residents who are twenty-one or more years of age and who	20215
are suffering from cystic fibrosis or hemophilia. Moneys may also	20216
be expended for administrative expenses incurred in operating the	20217
Medically Handicapped Children's Program.	20218

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

20219

The foregoing appropriation item 440607, Medically	20220
Handicapped Children - County Assessments (Fund 6660), shall be	20221
used to make payments under division (E) of section 3701.023 of	20222
the Revised Code.	20223

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	20224
THE TOBACCO USE PREVENTION FUND	20225

On July 1, 2013, or as soon as possible thereafter, the	20226
Director of Budget and Management shall transfer $2,439,230 cash	20227
from the Public Health Priorities Trust Fund (Fund L087) to the	20228
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	20229
needs of the Department of Health's tobacco enforcement and	20230
cessation efforts.	20231

CASH TRANSFER FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	20232
FUND TO THE TOBACCO USE PREVENTION FUND	20233

Notwithstanding Section 512.20 of Am. Sub. H.B. 487 of the	20234
129th General Assembly, on July 1, 2014, or as soon as possible	20235
thereafter, the Director of Budget and Management may transfer	20236
cash determined to be in excess of the tobacco enforcement needs	20237
of the Attorney General from the Pre-Securitization Tobacco	20238
Payments Fund (Fund 5LS0) to the Tobacco Use Prevention Fund (Fund	20239
5BX0).	20240

Sec. 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

20241

General Revenue Fund	20242

GRF	600321	Program Support	$	31,320,964	$	31,109,751	20243
GRF	600410	TANF State/Maintenance of Effort	$	152,386,934	$	152,386,934	20244
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	20245
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	20246
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	20247
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	20248
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	20249
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	20250
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	20251
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	20252
GRF	600523	Family and Children Services	$	54,255,323	$	54,255,323	20253
GRF	600528	Adoption Services					20254
		State	$	28,623,389	$	28,623,389	20255
		Federal	$	38,202,557	$	38,202,557	20256
		Adoption Services Total	$	66,825,946	$	66,825,946	20257
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	20258
GRF	600534	Adult Protective Services	$	500,000	$	500,000	20259
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	20260
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	20261
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	20262
GRF	655522	Medicaid Program Support - Local	$	38,267,970	$	38,267,970	20263
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	20264
TOTAL GRF General Revenue Fund							20265
		State	$	724,580,115	$	724,580,115	20266
		Federal	$	38,202,557	$	38,202,557	20267
		GRF Total	$	762,782,672	$	762,782,672	20268

General Services Fund Group	20269

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	20270
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	20271
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	20272
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	20273
TOTAL GSF General Services							20274
Fund Group			$	124,780,339	$	116,773,328	20275

Federal Special Revenue Fund Group	20276

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	20277
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	20278
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	20279
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	20280
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	20281
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	20282
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	20283
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	20284
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	20285
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	20286
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	20287
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	20288
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	20289
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	20290
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	20291
3S50	600622	Child Support Projects	$	534,050	$	534,050	20292
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	20293
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	20294
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	20295
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	20296
TOTAL FED Federal Special Revenue							20297
Fund Group			$	2,526,972,581	$	2,490,592,049	20298

State Special Revenue Fund Group	20299

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	20300
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	~~9,006,000~~ 12,506,000	20301
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	20302
4F10	600609	Family and Children Activities	$	683,549	$	683,549	20303
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	20304
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	20305
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	20306
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	20307
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	20308
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	20309
TOTAL SSR State Special Revenue							20310
Fund Group			$	25,063,397	$	~~25,063,397~~ 28,563,397	20311

Agency Fund Group	20312

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	20313
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	20314
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	20315
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	20316

Holding Account Redistribution Fund Group	20317

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	20318
R013	600644	Forgery Collections	$	10,000	$	10,000	20319
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	20320
TOTAL ALL BUDGET FUND GROUPS			$	3,586,058,989	$	~~3,541,671,446~~ 3,545,171,446	20321

Sec. 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	20323
SERVICES	20324

General Revenue Fund	20325

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	20326
GRF	333402	Resident Trainees	$	450,000	$	450,000	20327
GRF	333415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	20328
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	20329
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	20330
GRF	334506	Court Costs	$	784,210	$	784,210	20331
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	20332
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	20333
GRF	335421	Continuum of Care Services	$	77,733,742	$	77,633,742	20334
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	20335
GRF	335504	Community Innovations	$	6,500,000	$	1,500,000	20336
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	20337
GRF	335507	Community Behavioral Health	$	47,500,000	$	47,500,000	20338
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	20339
TOTAL GRF General Revenue Fund			$	~~369,546,009~~ 368,446,009	$	364,679,409	20340

General Services Fund Group	20341

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	20342
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	20343
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	~~28,190,000~~ 30,190,000	20344
1500	334620	Special Education	$	150,000	$	150,000	20345
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	20346
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	20347
1510	336601	Office of Support Services	$	115,000,000	$	~~115,000,000~~ 90,000,000	20348
TOTAL GSF General Services Fund Group			$	145,268,190	$	~~145,268,190~~ 122,268,190	20349

Federal Special Revenue Fund Group	20350

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	20351
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	20352
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	20353
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	20354
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	20355
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	20356
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	~~3,237,574~~ 6,000,000	20357
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	20358
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	20359
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	20360
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	20361
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	20362
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	20363
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	~~2,500,000~~ 4,500,000	20364
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	20365
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	20366
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	20367
3H80	335606	Demonstration Grants	$	5,428,006	$	~~5,428,006~~ 11,000,000	20368
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0 5,000,000	20369
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	20370
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0 3,000,000	20371
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	~~144,675,306~~ 163,009,726	20372

State Special Revenue Fund Group	20373

2320	333621	Family and Children First Administration	$	400,000	$	400,000	20374
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	20375
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	20376
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	20377
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	20378
6890	333640	Education and Conferences	$	150,000	$	150,000	20379
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	20380
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	20381
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	20382
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	20383
6320	335616	Community Capital Replacement	$	350,000	$	350,000	20384
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	20385
TOTAL ALL BUDGET FUND GROUPS			$	~~698,771,638~~ 697,671,638	$	~~685,921,002~~ 681,255,422	20386

Sec. 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

20388

General Revenue Fund	20389

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	20390
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	20391
GRF	725456	Canal Lands	$	135,000	$	135,000	20392
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	20393
GRF	725505	Healthy Lake Erie Fund	$	650,000	$	500,000	20394
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	20395
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	~~25,443,000~~ 23,743,000	20396
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	20397
GRF	729321	Office of Information Technology	$	177,405	$	177,405	20398
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	20399
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	20400
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	~~4,782,652~~ 4,631,239	20401
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	20402
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	20403
TOTAL GRF General Revenue Fund			$	97,480,489	$	~~100,768,536~~ 98,917,123	20404

General Services Fund Group	20405

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	20406
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	20407
2040	725687	Information Services	$	5,179,097	$	5,288,168	20408
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	20409
2070	725690	Real Estate Services	$	50,000	$	50,000	20410
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	20411
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	20412
4300	725671	Canal Lands	$	883,879	$	883,879	20413
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	20414
4X80	725662	Water Resources Council	$	138,005	$	138,005	20415
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	20416
5160	725620	Water Management	$	2,559,292	$	2,559,292	20417
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	20418
6970	725670	Submerged Lands	$	852,982	$	869,145	20419
TOTAL GSF General Services							20420
Fund Group			$	25,457,857	$	25,451,293	20421

Federal Special Revenue Fund Group	20422

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	20423
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	20424
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	20425
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	20426
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	20427
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	20428
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	20429
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	20430
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	20431
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	20432
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	20433
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	20434
TOTAL FED Federal Special Revenue							20435
Fund Group			$	28,386,819	$	28,048,201	20436

State Special Revenue Fund Group	20437

4J20	725628	Injection Well Review	$	128,466	$	128,466	20438
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	20439
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	20440
5090	725602	State Forest	$	6,873,330	$	6,880,158	20441
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	20442
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	20443
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	20444
5180	725643	Oil and Gas ~~Permit Fees~~ Regulation and Safety	$	12,812,311	$	13,140,201	20445
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	~~1,500,000~~ 2,500,000	20446
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	20447
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	20448
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	20449
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	20450
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	20451
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	20452
5B30	725674	Mining Regulation	$	28,135	$	28,135	20453
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	20454
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	20455
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	20456
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	20457
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	20458
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	20459
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	20460
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	20461
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	20462
5MW0	725604	Natural Resources Special Purposes	$	10,163,812	$	6,165,162	20463
6150	725661	Dam Safety	$	943,517	$	943,517	20464
TOTAL SSR State Special Revenue							20465
Fund Group			$	80,129,565	$	~~77,254,626~~ 78,254,626	20466

Clean Ohio Conservation Fund Group	20467

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		20468
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		20469

Wildlife Fund Group	20470

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	20471
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	20472
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	20473
8160	725649	Wetlands Habitat	$	966,885	$	966,885	20474
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	20475
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	20476
8190	725685	Ohio River Management	$	203,584	$	203,584	20477
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	20478
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	20479

Waterways Safety Fund Group	20480

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	20481
7086	725418	Buoy Placement	$	52,182	$	52,182	20482
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	20483
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	20484
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	20485
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	20486
TOTAL WSF Waterways Safety Fund							20487
Group			$	26,276,019	$	26,106,019	20488

Accrued Leave Liability Fund Group	20489

4M80	725675	FOP Contract	$	20,219	$	20,219	20490
TOTAL ALF Accrued Leave							20491
Liability Fund Group			$	20,219	$	20,219	20492

Holding Account Redistribution Fund Group	20493

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	20494
R043	725624	Forestry	$	2,100,000	$	2,100,000	20495
TOTAL 090 Holding Account							20496
Redistribution Fund Group			$	2,596,263	$	2,596,263	20497
TOTAL ALL BUDGET FUND GROUPS			$	326,105,488	$	~~326,612,826~~ 325,761,413	20498

Sec. 333.80. SOIL AND WATER DISTRICTS

20500

In addition to state payments to soil and water conservation	20501
districts authorized by section 1515.10 of the Revised Code, the	20502
Department of Natural Resources may use appropriation item 725683,	20503
Soil and Water Districts, to pay any soil and water conservation	20504
district an annual amount not to exceed $40,000, upon receipt of a	20505
request and justification from the district and approval by the	20506
Ohio Soil and Water Conservation Commission. The county auditor	20507
shall credit the payments to the special fund established under	20508
section 1515.10 of the Revised Code for the local soil and water	20509
conservation district. Moneys received by each district shall be	20510
expended for the purposes of the district.	20511

OIL AND GAS WELL PLUGGING

20512

The foregoing appropriation item 725677, Oil and Gas Well	20513
Plugging, shall be used exclusively for the purposes of plugging	20514
wells and to properly restore the land surface of idle and orphan	20515
oil and gas wells pursuant to section 1509.071 of the Revised	20516
Code. No funds from the appropriation item shall be used for	20517
salaries, maintenance, equipment, or other administrative	20518
purposes, except for those costs directly attributed to the	20519
plugging of an idle or orphan well. This appropriation item shall	20520
not be used to transfer cash to any other fund or appropriation	20521
item.	20522

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION AND GEOLOGICAL	20523
MAPPING OPERATIONS	20524

During fiscal years 2014 and 2015, the Director of Budget and	20525
Management may, in consultation with the Director of Natural	20526
Resources, transfer such cash as necessary from the General	20527
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) and the	20528
Geological Mapping Fund (Fund 5110). The transfer to Fund 5180	20529
shall be used for handling the increased regulatory work related	20530
to the expansion of the oil and gas program that will occur before	20531
receipts from this activity are deposited into Fund 5180. The	20532
transfer to Fund 5110 shall be used for handling the increased	20533
field and laboratory research efforts related to the expansion of	20534
the oil and gas program that will occur before receipts from this	20535
activity are deposited into Fund 5110. Once funds from severance	20536
taxes, application and permitting fees, and other sources have	20537
accrued to Fund 5180 and Fund 5110 in such amounts as are	20538
considered sufficient to sustain expanded operations, the Director	20539
of Budget and Management, in consultation with the Director of	20540
Natural Resources, shall establish a schedule for repaying the	20541
transferred funds from Fund 5180 and Fund 5110 to the General	20542
Revenue Fund.	20543

NATURAL RESOURCES SPECIAL PURPOSES

20544

Of the foregoing appropriation item 725604, Natural Resources	20545
Special Purposes, up to $2,100,000 in fiscal year 2014 shall be	20546
used for the construction or acquisition of a treatment train	20547
process at an Ohio inland lake, and up to $1,800,000 in fiscal	20548
year 2014 shall be used for the purchase of two sweeper dredges	20549
for use at Ohio inland lakes, and $263,812 in fiscal year 2014 and	20550
$165,162 in fiscal year 2015 shall be used for the operation of	20551
the dredges purchased under this section.	20552

Sec. 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH DISABILITIES	20553
AGENCY	20554

General Revenue Fund	20555

GRF	415402	Independent Living Council	$	252,000	$	252,000	20556
GRF	415406	Assistive Technology	$	26,618	$	26,618	20557
GRF	415431	~~Office for People with~~ Brain Injury	$	126,567	$	126,567	20558
GRF	415506	Services for ~~People~~ Individuals with Disabilities	$	15,277,885	$	15,277,885	20559
GRF	415508	Services for the Deaf	$	28,000	$	28,000	20560
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	20561

General Services Fund Group	20562

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	20563
TOTAL GSF General Services							20564
Fund Group			$	962,538	$	965,481	20565

Federal Special Revenue Fund Group	20566

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	20567
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	20568
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	20569
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	20570
3L10	415608	Social Security ~~Special Programs/Assistance~~ Vocational Rehabilitation	$	445,258	$	498,269	20571
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	20572
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	20573
3L40	415617	~~Independent Living/~~Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	20574
TOTAL FED Federal Special							20575
Revenue Fund Group			$	207,833,606	$	205,179,120	20576

State Special Revenue Fund Group	20577

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	20578
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	20579
4W50	415606	Program Management ~~Expenses~~	$	12,369,751	$	12,594,758	20580
TOTAL SSR State Special							20581
Revenue Fund Group			$	26,871,919	$	27,096,926	20582
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	20583

INDEPENDENT LIVING COUNCIL

20584

The foregoing appropriation item 415402, Independent Living	20585
Council, shall be used to fund the operations of the State	20586
Independent Living Council and to support state independent living	20587
centers and independent living services under Title VII of the	20588
Independent Living Services and Centers for Independent Living of	20589
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	20590
U.S.C. 796d.	20591

Of the foregoing appropriation item 415402, Independent	20592
Living Council, $67,662 in each fiscal year shall be used as state	20593
matching funds for vocational rehabilitation innovation and	20594
expansion activities.	20595

ASSISTIVE TECHNOLOGY

20596

The total amount of the foregoing appropriation item 415406,	20597
Assistive Technology, shall be provided to Assistive Technology of	20598
Ohio to provide grants and assistive technology services for	20599
people with disabilities in the State of Ohio.	20600

~~OFFICE FOR PEOPLE WITH~~ BRAIN INJURY

20601

The foregoing appropriation item 415431, ~~Office for People~~	20602
~~with~~ Brain Injury, shall be provided to The Ohio State University	20603
College of Medicine to support the Brain Injury Program	20604
established under section 3304.23 of the Revised Code.	20605

VOCATIONAL REHABILITATION SERVICES

20606

The foregoing appropriation item 415506, Services for ~~People~~	20607
Individuals with Disabilities, shall be used as state matching	20608
funds to provide vocational rehabilitation services to eligible	20609
consumers.	20610

SERVICES FOR THE DEAF

20611

The foregoing appropriation item 415508, Services for the	20612
Deaf, shall be used to provide grants to community centers for the	20613
deaf.	20614

~~INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS~~

20615

~~The foregoing appropriation item 415617, Independent~~	20616
~~Living/Vocational Rehabilitation Programs, shall be used to~~	20617
~~support vocational rehabilitation programs.~~	20618

SOCIAL SECURITY REIMBURSEMENT FUNDS

20619

Reimbursement funds received from the Social Security	20620
Administration, United States Department of Health and Human	20621
Services, for the costs of providing services and training to	20622
return disability recipients to gainful employment shall be	20623
expended ~~from the Social Security Reimbursement Fund (Fund 3L10)~~,	20624
to the extent funds are available, as follows:	20625

(A) Appropriation item 415601, Social Security Personal Care	20626
Assistance, to provide personal care services in accordance with	20627
section 3304.41 of the Revised Code;	20628

(B) Appropriation item 415605, Social Security Community	20629
Centers for the Deaf, to provide grants to community centers for	20630
the deaf in Ohio for services to individuals with hearing	20631
impairments; and	20632

(C) Appropriation item 415608, Social Security ~~Special~~	20633
~~Programs/Assistance~~Vocational Rehabilitation, to provide	20634
vocational rehabilitation services to individuals with severe	20635
disabilities who are Social Security beneficiaries, to enable them	20636
to achieve competitive employment. ~~This appropriation item shall~~	20637
~~also be used to pay a portion of indirect costs of the Personal~~	20638
~~Care Assistance Program and the Independent Living Programs as~~	20639
~~mandated by federal OMB Circular A-87.~~	20640

PROGRAM MANAGEMENT ~~EXPENSES~~

20641

The foregoing appropriation item 415606, Program Management	20642
~~Expenses~~, shall be used to support the administrative functions of	20643
the commission related to the provision of vocational	20644
rehabilitation, disability determination services, and ancillary	20645
programs.	20646

Sec. 359.10. PWC PUBLIC WORKS COMMISSION

20647

General Revenue Fund	20648

GRF	150904	Conservation General Obligation Debt Service	$	~~33,376,600~~ 26,676,600	$	34,447,700	20649
GRF	150907	State Capital Improvements General Obligation Debt Service	$	~~227,810,300~~ 210,710,300	$	~~228,948,900~~ 226,948,900	20650
TOTAL GRF General Revenue Fund			$	~~261,186,900~~ 237,386,900	$	~~263,396,600~~ 261,396,600	20651

Clean Ohio Conservation Fund Group	20652

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		20653
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		20654

TOTAL ALL BUDGET FUND GROUPS

~~261,475,880~~ 237,675,880

~~263,685,580~~ 261,685,580

20655

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

20656

The foregoing appropriation item 150904, Conservation General	20657
Obligation Debt Service, shall be used to pay all debt service and	20658
related financing costs during the period from July 1, 2013,	20659
through June 30, 2015, at the times they are required to be made	20660
for obligations issued under sections 151.01 and 151.09 of the	20661
Revised Code.	20662

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

20663

The foregoing appropriation item 150907, State Capital	20664
Improvements General Obligation Debt Service, shall be used to pay	20665
all debt service and related financing costs during the period	20666
from July 1, 2013, through June 30, 2015, at the times they are	20667
required to be made for obligations issued under sections 151.01	20668
and 151.08 of the Revised Code.	20669

CLEAN OHIO OPERATING EXPENSES

20670

The foregoing appropriation item 150403, Clean Ohio Operating	20671
Expenses, shall be used by the Ohio Public Works Commission in	20672
administering Clean Ohio Conservation Fund (Fund 7056) projects	20673
pursuant to sections 164.20 to 164.27 of the Revised Code.	20674

Sec. 363.10. BOR BOARD OF REGENTS

20675

General Revenue Fund	20676

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	20677
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	20678
GRF	235402	Sea Grants	$	285,000	$	285,000	20679
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	20680
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	20681
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	20682
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	20683
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	20684
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	20685
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	20686
GRF	235434	College Readiness and Access	$	1,200,000	$	1,200,000	20687
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	20688
GRF	235443	Adult Basic and Literacy Education - State	$	7,427,416	$	7,427,416	20689
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,817,547	$	15,817,547	20690
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	20691
GRF	235480	General Technology Operations	$	500,000	$	500,000	20692
GRF	235483	Technology Integration and Professional Development	$	3,378,598	$	2,703,598	20693
GRF	235501	State Share of Instruction	$	1,789,699,580	$	~~1,818,225,497~~ 1,821,325,497	20694
GRF	235502	Student Support Services	$	632,974	$	632,974	20695
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	20696
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	20697
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	20698
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	20699
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	20700
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	20701
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	20702
GRF	235516	Wright State Lake Campus Agricultural Program	$	200,000	$	0	20703
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	20704
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	20705
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	20706
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	20707
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	20708
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	20709
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,629,970	20710
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	20711
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	20712
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	20713
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	20714
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	20715
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	20716
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	20717
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	20718
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	20719
GRF	235558	Long-term Care Research	$	325,300	$	325,300	20720
GRF	235563	Ohio College Opportunity Grant	$	90,284,264	$	90,284,264	20721
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	20722
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	20723
GRF	235909	Higher Education General Obligation Debt Service	$	~~221,168,700~~ 215,368,700	$	~~248,822,000~~ 245,822,000	20724
TOTAL GRF General Revenue Fund			$	~~2,331,062,630~~ 2,325,262,630	$	~~2,379,360,162~~ 2,379,460,162	20725

General Services Fund Group	20726

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	20727
4560	235603	Sales and Services	$	199,250	$	199,250	20728
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	20729
5JC0	235668	Defense/Aerospace Workforce Development Initiative	$	4,000,000	$	4,000,000	20730
5JC0	235685	Manufacturing Workforce Development Initiative	$	2,000,000	$	0	20731
TOTAL GSF General Services							20732
Fund Group			$	15,102,845	$	13,102,845	20733

Federal Special Revenue Fund Group	20734

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	20735
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	20736
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	20737
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	20738
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	20739
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	20740
TOTAL FED Federal Special Revenue							20741
Fund Group			$	21,535,671	$	21,535,671	20742

State Special Revenue Fund Group	20743

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	20744
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	20745
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	20746
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	20747
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	20748
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	20749
6820	235606	Nursing Loan Program	$	891,320	$	891,320	20750
TOTAL SSR State Special Revenue							20751
Fund Group			$	12,441,303	$	12,491,164	20752

Third Frontier Research & Development Fund Group	20753

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	20754
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	20755
TOTAL ALL BUDGET FUND GROUPS			$	~~2,388,142,449~~ 2,382,342,449	$	~~2,434,489,842~~ 2,434,589,842	20756

Sec. 365.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

20758

General Revenue Fund	20759

GRF	501321	Institutional Operations	$	~~883,768,015~~ 895,799,933	$	~~873,724,802~~ 900,215,085	20760
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	20761
GRF	501405	Halfway House	$	~~45,049,356~~ 48,399,340	$	~~46,024,108~~ 51,197,937	20762
GRF	501406	Lease Rental Payments	$	~~104,099,500~~ 103,099,500	$	99,534,800	20763
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	20764
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	20765
GRF	501501	Community Residential Programs - CBCF	$	~~63,345,972~~ 64,224,472	$	~~66,150,781~~ 69,453,455	20766
GRF	503321	Parole and Community Operations	$	~~64,480,938~~ 66,102,094	$	~~65,029,680~~ 71,676,403	20767
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	20768
GRF	505321	Institution Medical Services	$	~~243,289,774~~ 239,397,895	$	~~254,139,452~~ 251,994,058	20769
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	20770
TOTAL GRF General Revenue Fund			$	~~1,496,839,928~~ 1,509,829,607	$	~~1,497,794,707~~ 1,537,262,822	20771

General Services Fund Group	20772

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	20773
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	20774
4830	501605	Property Receipts	$	582,086	$	582,086	20775
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	20776
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	20777
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	20778
4S50	501608	Education Services	$	4,114,782	$	4,114,782	20779
5710	501606	Training Academy Receipts	$	125,000	$	125,000	20780
5930	501618	Laboratory Services	$	3,750,000	$	0	20781
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	20782
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	20783
5L60	501611	Information Technology Services	$	250,000	$	250,000	20784
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	20785

Federal Special Revenue Fund Group	20786

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	20787
TOTAL FED Federal Special Revenue							20788
Fund Group			$	7,132,943	$	7,132,943	20789

TOTAL ALL BUDGET FUND GROUPS

~~1,581,403,588~~ 1,594,393,267

~~1,577,868,556~~ 1,617,336,671

20790

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	20791
SENTENCING REFORMS	20792

For the purposes of implementing criminal sentencing reforms,	20793
and notwithstanding any other provision of law to the contrary,	20794
the Director of Budget and Management, at the request of the	20795
Director of Rehabilitation and Correction, may transfer up to	20796
$14,000,000 in appropriations, in each of fiscal years 2014 and	20797
2015, from appropriation item 501321, Institutional Operations, to	20798
any combination of appropriation items 501405, Halfway House;	20799
501407, Community Residential Programs; 501408, Community	20800
Misdemeanor Programs; and 501501, Community Residential Programs -	20801
CBCF.	20802

LEASE RENTAL PAYMENTS

20803

The foregoing appropriation item 501406, Lease Rental	20804
Payments, shall be used to meet all payments at the times they are	20805
required to be made during the period from July 1, 2013, through	20806
June 30, 2015, by the Department of Rehabilitation and Correction	20807
under the primary leases and agreements for those buildings made	20808
under Chapters 152. and 154. of the Revised Code. These	20809
appropriations are the source of funds pledged for bond service	20810
charges on related obligations issued under Chapters 152. and 154.	20811
of the Revised Code.	20812

OSU MEDICAL CHARGES

20813

Notwithstanding section 341.192 of the Revised Code, at the	20814
request of the Department of Rehabilitation and Correction, The	20815
Ohio State University Medical Center, including the Arthur G.	20816
James Cancer Hospital and Richard J. Solove Research Institute and	20817
the Richard M. Ross Heart Hospital, shall provide necessary care	20818
to persons who are confined in state adult correctional	20819
facilities. The provision of necessary care shall be billed to the	20820
Department at a rate not to exceed the authorized reimbursement	20821
rate for the same service established by the Department of	20822
Medicaid under the Medicaid Program.	20823

CORRECTIVE CASH TRANSFER

20824

At the request of the Director of Rehabilitation and	20825
Correction, the Director of Budget and Management may transfer an	20826
amount not to exceed $2,391 in cash that was mistakenly deposited	20827
in the Federal Grants Fund (Fund 3230) to the General Revenue	20828
Fund.	20829

Sec. 395.10. TAX DEPARTMENT OF TAXATION

20830

General Revenue Fund	20831

GRF	110321	Operating Expenses	$	72,568,330	$	67,968,332	20832
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	20833
GRF	110901	Property Tax Allocation - Taxation	$	~~666,640,000~~ 658,640,000	$	~~678,255,600~~ 673,255,600	20834
TOTAL GRF General Revenue Fund			$	~~739,386,530~~ 731,386,530	$	~~746,402,132~~ 741,402,132	20835

General Services Fund Group	20836

2280	110628	Revenue Enhancement	$	15,500,000	$	~~17,500,000~~ 17,100,000	20837
4330	110602	Tape File Account	$	175,000	$	175,000	20838
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	20839
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	20840
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	20841
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	20842
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	20843
5V80	110623	Property Tax Administration	$	11,978,310	$	~~11,978,310~~ 11,178,310	20844
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	20845
TOTAL GSF General Services							20846
Fund Group			$	33,492,810	$	~~33,492,810~~ 32,292,810	20847

State Special Revenue Fund Group	20848

4350	110607	Local Tax Administration	$	20,000,000	$	~~20,700,000~~ 20,300,000	20849
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	20850
4370	110606	Income Tax Contribution	$	38,800	$	38,800	20851
4380	110609	School District Income Tax	$	5,802,044	$	~~5,802,044~~ 5,402,044	20852
4C60	110616	International Registration Plan	$	682,415	$	682,415	20853
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	20854
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	20855
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	20856
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	20857
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	20858
TOTAL SSR State Special Revenue							20859
Fund Group			$	36,287,450	$	~~36,987,450~~ 36,187,450	20860

Agency Fund Group	20861

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	20862
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	20863
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	20864

Holding Account Redistribution Fund Group	20865

R010	110611	Tax Distributions	$	50,000	$	50,000	20866
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	20867
TOTAL 090 Holding Account							20868
Redistribution Fund Group			$	100,000	$	100,000	20869
TOTAL ALL BUDGET FUND GROUPS			$	~~2,377,066,790~~ 2,369,066,790	$	~~2,384,782,392~~ 2,377,782,392	20870

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

20871

The foregoing appropriation item 110901, Property Tax	20872
Allocation - Taxation, is hereby appropriated to pay for the	20873
state's costs incurred due to the Homestead Exemption, the	20874
Manufactured Home Property Tax Rollback, and the Property Tax	20875
Rollback. The Tax Commissioner shall distribute these funds	20876
directly to the appropriate local taxing districts, except for	20877
school districts, notwithstanding the provisions in sections	20878
321.24 and 323.156 of the Revised Code, which provide for payment	20879
of the Homestead Exemption, the Manufactured Home Property Tax	20880
Rollback, and Property Tax Rollback by the Tax Commissioner to the	20881
appropriate county treasurer and the subsequent redistribution of	20882
these funds to the appropriate local taxing districts by the	20883
county auditor.	20884

Upon receipt of these amounts, each local taxing district	20885
shall distribute the amount among the proper funds as if it had	20886
been paid as real property taxes. Payments for the costs of	20887
administration shall continue to be paid to the county treasurer	20888
and county auditor as provided for in sections 319.54, 321.26, and	20889
323.156 of the Revised Code.	20890

Any sums, in addition to the amounts specifically	20891
appropriated in appropriation item 110901, Property Tax Allocation	20892
- Taxation, for the Homestead Exemption, the Manufactured Home	20893
Property Tax Rollback, and the Property Tax Rollback payments,	20894
which are determined to be necessary for these purposes, are	20895
hereby appropriated.	20896

MUNICIPAL INCOME TAX

20897

The foregoing appropriation item 110995, Municipal Income	20898
Tax, shall be used to make payments to municipal corporations	20899
under section 5745.05 of the Revised Code. If it is determined	20900
that additional appropriations are necessary to make such	20901
payments, such amounts are hereby appropriated.	20902

TAX REFUNDS

20903

The foregoing appropriation item 110635, Tax Refunds, shall	20904
be used to pay refunds under section 5703.052 of the Revised Code.	20905
If it is determined that additional appropriations are necessary	20906
for this purpose, such amounts are hereby appropriated.	20907

INTERNATIONAL REGISTRATION PLAN AUDIT

20908

The foregoing appropriation item 110616, International	20909
Registration Plan, shall be used under section 5703.12 of the	20910
Revised Code for audits of persons with vehicles registered under	20911
the International Registration Plan.	20912

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

20913

Of the foregoing appropriation item 110607, Local Tax	20914
Administration, the Tax Commissioner may disburse funds, if	20915
available, for the purposes of paying travel expenses incurred by	20916
members of Ohio's delegation to the Streamlined Sales Tax Project,	20917
as appointed under section 5740.02 of the Revised Code. Any travel	20918
expense reimbursement paid for by the Department of Taxation shall	20919
be done in accordance with applicable state laws and guidelines.	20920

TOBACCO SETTLEMENT ENFORCEMENT

20921

The foregoing appropriation item 110404, Tobacco Settlement	20922
Enforcement, shall be used by the Tax Commissioner to pay costs	20923
incurred in the enforcement of divisions (F) and (G) of section	20924
5743.03 of the Revised Code.	20925

STARS DEVELOPMENT AND IMPLEMENTATION FUND

20926

The foregoing appropriation item 110638, STARS Development	20927
and Implementation Fund, shall be used to pay costs incurred in	20928
the development and implementation of the department's State Tax	20929
Accounting and Revenue System. The Director of Budget and	20930
Management, under a plan submitted by the Tax Commissioner, or as	20931
otherwise determined by the Director of Budget and Management,	20932
shall set a schedule to transfer cash from the Tax Reform System	20933
Implementation Fund, Local Tax Administration Fund, School	20934
District Income Tax Fund, Discovery Project Fund, and the Motor	20935
Fuel Tax Administration Fund to the credit of the STARS	20936
Development and Implementation Fund (Fund 5MN0). The transfers of	20937
cash shall not exceed $8,000,000 in the biennium.	20938

Sec. 403.10. DVS DEPARTMENT OF VETERANS SERVICES

20939

General Revenue Fund	20940

GRF	900321	Veterans' Homes	$	27,369,946	$	~~27,369,946~~ 26,992,608	20941
GRF	900402	Hall of Fame	$	107,075	$	107,075	20942
GRF	900408	Department of Veterans Services	$	2,001,823	$	~~2,001,823~~ 2,379,161	20943
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	20944
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	20945

General Services Fund Group	20946

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		20947
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		20948

Federal Special Revenue Fund Group	20949

3680	900614	Veterans Training	$	684,017	$	697,682	20950
3740	900606	Troops to Teachers	$	111,822	$	111,879	20951
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	20952
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	20953
TOTAL FED Federal Special Revenue							20954
Fund Group			$	27,933,629	$	28,693,984	20955

State Special Revenue Fund Group	20956

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	20957
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	20958
TOTAL SSR State Special Revenue							20959
Fund Group			$	11,018,315	$	11,296,794	20960

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	20961

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	20962
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	20963
TOTAL 041 Persian Gulf,							20964
Afghanistan, and Iraq							20965
Compensation Fund Group			$	15,238,703	$	10,029,709	20966
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	20967

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	20968
OBLIGATION DEBT SERVICE	20969

The foregoing appropriation item 900901, Persian Gulf,	20970
Afghanistan and Iraq Compensation Debt Service, shall be used to	20971
pay all debt service and related financing costs during the period	20972
from July 1, 2013, through June 30, 2015, on obligations issued	20973
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	20974
purposes under sections 151.01 and 151.12 of the Revised Code.	20975

Sec. 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

20976

There is hereby established in the Highway Operating Fund	20977
(Fund 7002), used by the Department of Transportation, a Diesel	20978
Emissions Reduction Grant Program. The Director of Environmental	20979
Protection shall administer the program and shall solicit,	20980
evaluate, score, and select projects submitted by public and	20981
private entities that are eligible for the federal Congestion	20982
Mitigation and Air Quality (CMAQ) Program. The Director of	20983
Transportation shall process Federal Highway	20984
Administration-approved projects as recommended by the Director of	20985
Environmental Protection.	20986

In addition to the allowable expenditures set forth in	20987
section 122.861 of the Revised Code, Diesel Emissions Reduction	20988
Grant Program funds also may be used to fund projects involving	20989
the purchase or use of hybrid and alternative fuel vehicles that	20990
are allowed under guidance developed by the Federal Highway	20991
Administration for the CMAQ Program.	20992

Public entities eligible to receive funds under section	20993
122.861 of the Revised Code and CMAQ shall be reimbursed from	20994
moneys in the Highway Operating Fund (Fund 7002) designated for	20995
the Department of Transportation's Diesel Emissions Reduction	20996
Grant Program.	20997

Private entities eligible to receive funds under section	20998
122.861 of the Revised Code and CMAQ shall be reimbursed through	20999
transfers of cash from moneys in the Highway Operating Fund (Fund	21000
7002) designated for the Department of Transportation's Diesel	21001
Emissions Reduction Grant Program to the Diesel Emissions	21002
Reduction Fund (Fund 3FH0), used by the Environmental Protection	21003
Agency, or at the direction of the local public agency sponsor and	21004
upon approval of the Department of Transportation, through direct	21005
payments to the vendor in the prorated share of federal/state	21006
participation. Total expenditures between both the Environmental	21007
Protection Agency and the Department of Transportation shall not	21008
exceed the amounts appropriated in this act for appropriation item	21009
715693, Diesel Emissions Reduction Grants, $10,000,000 in FY 2014	21010
and $2,500,000 in FY 2015.	21011

On or before June 30, 2014, the Director of Environmental	21012
Protection may certify to the Director of Budget and Management	21013
the amount of any unencumbered balance of the foregoing	21014
appropriation item 715693, Diesel Emissions Reduction Grants, for	21015
fiscal year 2014 to be used for the same purpose in fiscal year	21016
2015. Once the certification permitted under this section has been	21017
submitted and approved by the Director of Budget and Management,	21018
the amount approved ~~is hereby~~may be appropriated for fiscal year	21019
2015.	21020

Any cash transfers or allocations under this section	21021
represent CMAQ program moneys within the Department of	21022
Transportation for use by the Diesel Emissions Reduction Grant	21023
Program by the Environmental Protection Agency. These allocations	21024
shall not reduce the amount of such moneys designated for	21025
metropolitan planning organizations.	21026

The Director of Environmental Protection, in consultation	21027
with the ~~directors of Development Services and~~Director of	21028
Transportation, shall develop guidance for the distribution of	21029
funds and for the administration of the Diesel Emissions Reduction	21030
Grant Program. The guidance shall include a method of	21031
prioritization for projects, acceptable technologies, and	21032
procedures for awarding grants.	21033

Sec. 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

21034

The Department of Mental Health and Addiction Services, in	21035
consultation with the Department of Medicaid, shall administer the	21036
Recovery Requires a Community Program to identify individuals	21037
residing in nursing facilities who can be successfully moved into	21038
a community setting with the aid of community non-Medicaid	21039
services.	21040

The Director of Mental Health and Addiction Services and the	21041
Medicaid Director shall agree upon an amount representing the	21042
savings realized from decreased nursing facility utilization to be	21043
transferred within the biennium from the Department of Medicaid to	21044
the Department of Mental Health and Addiction Services to support	21045
non-Medicaid program costs for individuals moving into community	21046
settings.	21047

~~Of the foregoing appropriation item 651525, Medicaid/Health~~	21048
~~Care Services, the Medicaid Director shall transfer the amount~~	21049
~~agreed upon representing the savings from the General Revenue Fund~~	21050
~~to the Sale of Goods and Services Fund (Fund 1490). The transfer~~	21051
~~shall be made using an intrastate transfer voucher. The~~	21052
~~transferred cash is hereby appropriated to appropriation item~~	21053
~~335609, Community Operating/Planning.~~	21054

The Director of Mental Health and Addiction Services and the	21055
Medicaid Director shall certify the agreed upon amount to the	21056
Director of Budget and Management. Upon receipt of the	21057
certification, the Director of Budget and Management may increase	21058
appropriation item 335504, Community Innovations, up to the amount	21059
of the certification and decrease appropriation item 651525,	21060
Medicaid/Health Care Services, by an equal amount.	21061

Section 610.21. That existing Sections 207.10, 209.30,	21062
211.10, 221.10, 241.10, 257.10, 259.10, 263.10, 263.230, 263.240,	21063
263.250, 263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20,	21064
301.10, 327.10, 333.10, 333.80, 340.10, 359.10, 363.10, 365.10,	21065
395.10, 403.10, 512.80, and 751.10 of Am. Sub. H.B. 59 of the	21066
130th General Assembly are hereby repealed.	21067

Section 690.10. That Section 747.40 of Am. Sub. H.B. 59 of	21068
the 130th General Assembly is hereby repealed.	21069

Section 747.10. LICENSING PERIOD FOR TERMINAL DISTRIBUTORS OF	21070
DANGEROUS DRUGS	21071

In the case of a terminal distributor of dangerous drugs	21072
holding a license issued or renewed pursuant to section 4729.54 of	21073
the Revised Code that is valid on the effective date of this	21074
section, the license remains in effect until April 1, 2015, unless	21075
earlier revoked or suspended. The license holder is subject to the	21076
renewal schedule established by division (I) of section 4729.54 of	21077
the Revised Code, as amended by this act.	21078

Section 751.20. WORKFORCE INTEGRATION TASK FORCE

21079

(A) A workforce integration task force for individuals who	21080
are deaf or blind is hereby established within the Opportunities	21081
for Ohioans with Disabilities Agency. The task force shall be	21082
co-chaired by the Executive Director of the Opportunities for	21083
Ohioans with Disabilities Agency and the Director of the	21084
Department of Job and Family Services. The co-chairs shall appoint	21085
the members of the task force.	21086

(B) The task force shall collect data on the following	21087
regarding individuals who are deaf or blind in Ohio:	21088

(1) The average income levels for those individuals who are	21089
employed compared to those who are not employed;	21090

(2) The number of those individuals;

21091

(3) Where those individuals are geographically located;

21092

(4) The number of those individuals who are employed and in	21093
what job categories they are employed;	21094

(5) Whether barriers to employment exist for those	21095
individuals.	21096

(C) The task force shall use the data collected and any other	21097
information necessary to make recommendations regarding how those	21098
individuals may be more fully integrated into the workforce to	21099
increase employability and income parity. The task force shall	21100
issue a report of its findings and recommendations to the Governor	21101
not later than January 1, 2015. Upon issuance of its report, the	21102
task force ceases to exist.	21103

Section 751.40. SUPPORT FOR START TALKING! INITIATIVE

21104

The Director of Mental Health and Addiction Services shall	21105
designate an employee who is certified as a prevention specialist	21106
by the Chemical Dependency Professionals Board to serve as	21107
coordinator for the Start Talking! Initiative and to assist with	21108
statewide efforts to prevent substance abuse among children.	21109

Section 757.20. (A) As used in this section:

21110

(1) "Certificate owner" and "qualified rehabilitation	21111
expenditures" have the same meanings as in section 149.311 of the	21112
Revised Code.	21113

(2) "Taxpayer," "tax period," "excluded person," "combined	21114
taxpayer," and "consolidated elected taxpayer," have the same	21115
meanings as in section 5751.01 of the Revised Code.	21116

(3) "Pass-through entity" has the same meaning as in section	21117
5733.04 of the Revised Code.	21118

(B) A taxpayer that is the certificate owner of a	21119
rehabilitation tax credit certificate issued under section 149.311	21120
of the Revised Code may claim a credit against the tax levied by	21121
section 5751.02 of the Revised Code for tax periods ending on or	21122
before June 30, 2015, provided that the taxpayer is unable to	21123
claim the credit under section 5725.151, 5725.34, 5726.52,	21124
5729.17, 5733.47, or 5747.76 of the Revised Code.	21125

The credit shall equal the lesser of twenty-five per cent of	21126
the dollar amount of the qualified rehabilitation expenditures	21127
indicated on the certificate or five million dollars. The credit	21128
shall be claimed for the calendar year specified in the	21129
certificate and after the credits authorized in divisions (A)(1)	21130
to (4) of section 5751.98 of the Revised Code, but before the	21131
credits authorized in divisions (A)(5) to (7) of that section.	21132

If the credit allowed for any calendar year exceeds the tax	21133
otherwise due under section 5751.02 of the Revised Code, after	21134
allowing for any other credits preceding the credit in the order	21135
prescribed by this section, the excess shall be refunded to the	21136
taxpayer. However, if any amount of the credit is refunded, the	21137
sum of the amount refunded and the amount applied to reduce the	21138
tax otherwise due for that year shall not exceed three million	21139
dollars. The taxpayer may carry forward any balance of the credit	21140
in excess of the amount claimed for that year for not more than	21141
five calendar years after the calendar year specified in the	21142
certificate, and shall deduct any amount claimed in any such year	21143
from the amount claimed in an ensuing year.	21144

A person that is an excluded person may file a return under	21145
section 5751.051 of the Revised Code for the purpose of claiming	21146
the credit authorized in this section.	21147

If the certificate owner is a pass-through entity, the credit	21148
may not be allocated among the entity's owners in proportions or	21149
amounts as the owners mutually agree unless either the owners are	21150
part of the same combined or consolidated elected taxpayer as the	21151
pass-through entity or the director of development services issued	21152
the certificate in the name of the pass-through entity's owners in	21153
the agreed-upon proportions or amounts. If the credit is allocated	21154
among those owners, an owner may claim the credit authorized in	21155
this section only if that owner is a corporation or an association	21156
taxed as a corporation for federal income tax purposes and is not	21157
a corporation that has made an election under Subchapter S of	21158
Chapter 1 of Subtitle A of the Internal Revenue Code.	21159

The credit authorized in this section may be claimed only on	21160
the basis of a rehabilitation tax credit certificate obtained by a	21161
certificate holder after December 31, 2013, but before June 30,	21162
2015.	21163

A taxpayer claiming a credit under this section shall retain	21164
the rehabilitation tax credit certificate for four years following	21165
the end of the latest calendar year in which the credit was	21166
applied, and shall make the certificate available for inspection	21167
by the tax commissioner upon request.	21168

Section 806.10. The items of law contained in this act, and	21169
their applications, are severable. If any item of law contained in	21170
this act, or if any application of any item of law contained in	21171
this act, is held invalid, the invalidity does not affect other	21172
items of law contained in this and their applications that can be	21173
given effect without the invalid item of law or application.	21174

Section 812.20. The amendment, enactment, or repeal by this	21175
act of the sections listed below is exempt from the referendum	21176
under Ohio Constitution, Article II, Section 1d and section 1.471	21177
of the Revised Code and therefore takes effect immediately when	21178
this act becomes law or, if a later effective date is specified	21179
below, on that date.	21180

Sections 503.20, 512.10, 512.20, 512.30, 512.40, 610.20,	21181
610.21, 751.40, and 812.20 of this act.	21182