As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 483

Representative Amstutz

Cosponsors: Representatives Sprague, McGregor, Grossman, Hackett, McClain, Sears, Stebelton, Wachtmann Speaker Batchelder
Senators Bacon, Burke, Coley, Faber, Oelslager, Peterson

A BILL

To amend sections 7.10, 7.16, 9.37, 9.482, 9.90,

9.91, 103.63, 118.27, 121.084, 122.12, 122.121,

122.861, 124.32, 125.13, 125.182, 126.21, 126.25,

131.35, 133.06, 133.07, 135.143, 149.311, 149.38,

153.56, 156.03, 163.15, 163.53, 163.54, 163.55,

164.26, 173.47, 175.04, 175.05, 175.06, 191.01,

306.04, 307.699, 307.982, 340.02, 340.021, 341.12,

757.03, 757.04, 757.05, 757.06, 757.07, 757.08,

955.01, 955.05, 1321.535, 1321.55, 1322.03,

1322.031, 1322.04, 1322.041, 1322.051, 1322.06,

1322.11, 1345.06, 1711.50, 1711.53, 1724.10,

1901.08, 2101.026, 2151.417, 2151.421, 2152.19,

2305.09, 2710.06, 2743.191, 2907.28, 2915.08,

2929.20, 2945.402, 3123.89, 3303.41, 3313.372,

3314.08, 3317.02, 3317.0217, 3317.06, 3318.36,

3358.03, 3517.20, 3701.132, 3701.34, 3701.74,

3701.83, 3702.511, 3702.52, 3702.526, 3702.59,

3702.71, 3702.74, 3702.75, 3702.91, 3702.95,

3721.02, 3730.09, 3735.31, 3735.67, 3737.02,

3745.71, 3772.02, 4141.01, 4141.09, 4141.11,

4141.131, 4141.20, 4141.25, 4141.29, 4141.35,

4303.021, 4503.44, 4511.191, 4715.14, 4715.30,

4715.302, 4717.10, 4723.28, 4723.486, 4723.487,

4725.01, 4725.091, 4725.092, 4725.16, 4725.19,

4729.12, 4729.54, 4729.541, 4729.65, 4729.80,

4729.83, 4729.86, 4730.25, 4730.48, 4730.53,

4731.055, 4731.15, 4731.155, 4731.22, 4731.24,

4731.241, 4731.281, 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,

4758.55, 4758.561, 4758.59, 4758.60, 4758.61,

4758.71, 4781.04, 4905.911, 4906.20, 4906.201,

4923.02, 5104.03, 5104.34, 5104.341, 5104.38,

5119.40, 5123.01, 5123.011, 5123.012, 5123.16,

5123.162, 5123.19, 5123.191, 5123.21, 5123.61,

5123.75, 5123.76, 5123.89, 5124.01, 5124.101,

5124.106, 5124.15, 5124.151, 5124.17, 5124.19,

5124.21, 5124.28, 5124.38, 5124.60, 5124.61,

5124.62, 5124.67, 5126.01, 5126.02, 5126.022,

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, 5153.21,

5153.42, 5165.03, 5165.031, 5165.10, 5165.106,

5165.15, 5165.23, 5165.25, 5165.65, 5165.68,

5513.01, 5531.10, 5703.052, 5703.21, 5705.10,

5709.12, 5709.121, 5709.40, 5713.012, 5713.08,

5715.19, 5715.27, 5717.01, 5727.111, 5739.05,

5739.09, 5747.02, 5747.025, 5747.50, and 5747.71;

to amend for the purpose of codifying and changing

the number of Section 323.280 of Am. Sub. H.B. 59

of the 130th General Assembly to section 5165.157

of the Revised Code; to enact sections 5.074,

5.077, 9.54, 9.911, 127.163, 127.164, 164.261,

175.053, 193.01, 193.02, 193.03, 193.04, 193.05,

193.07, 193.09, 193.11, 193.13, 306.14, 307.678,

307.6910, 307.863, 341.121, 1541.50, 2935.012,

3123.90, 3302.15, 3313.351, 3313.902, 3326.29,

3345.56, 3721.122, 4121.443, 4715.15, 4723.433,

4729.861, 4730.093, 4731.77, 4741.49, 4758.48,

4758.62, 4758.63, 4758.64, 5101.345, 5101.90,

5103.05, 5103.051, 5119.401, 5122.36, 5123.0420,

5139.12, 5139.45, and 5155.28; to repeal sections

1322.063, 3125.191, 3702.93, 4171.03, 4171.04,

5124.63, 5124.64, and 5126.037 of the Revised

Code; to amend Sections 207.10, 209.30, 221.10,

241.10, 245.10, 257.10, 257.20, 259.10, 259.210,

263.10, 263.230, 263.240, 263.250, 263.270,

263.320, 263.325, 275.10, 282.10, 282.30, 285.10,

285.20, 301.10, 301.33, 301.40, 301.143, 327.10,

327.83, 333.10, 340.10, 349.10, 359.10, 363.10,

365.10, 395.10, 403.10, 512.70, 512.80, and 751.10

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

to amend Sections 207.100, 207.250, 207.340,

207.440, 223.10, 239.10, 253.330, 269.10, and

701.50 of Am. H.B. 497 of the 130th General

Assembly; to amend Section 9 of Am. Sub. S.B. 206

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 and

to repeal section 5101.345 of the Revised Code on

the first day of the forty-ninth month after its

effective date.

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

Section 101.01. That sections 7.10, 7.16, 9.37, 9.482, 9.90,	86
9.91, 103.63, 118.27, 121.084, 122.12, 122.121, 122.861, 124.32,	87
125.13, 125.182, 126.21, 126.25, 131.35, 133.06, 133.07, 135.143,	88
149.311, 149.38, 153.56, 156.03, 163.15, 163.53, 163.54, 163.55,	89
164.26, 173.47, 175.04, 175.05, 175.06, 191.01, 306.04, 307.699,	90
307.982, 340.02, 340.021, 341.12, 757.03, 757.04, 757.05, 757.06,	91
757.07, 757.08, 955.01, 955.05, 1321.535, 1321.55, 1322.03,	92
1322.031, 1322.04, 1322.041, 1322.051, 1322.06, 1322.11, 1345.06,	93
1711.50, 1711.53, 1724.10, 1901.08, 2101.026, 2151.417, 2151.421,	94
2152.19, 2305.09, 2710.06, 2743.191, 2907.28, 2915.08, 2929.20,	95
2945.402, 3123.89, 3303.41, 3313.372, 3314.08, 3317.02, 3317.0217,	96
3317.06, 3318.36, 3358.03, 3517.20, 3701.132, 3701.34, 3701.74,	97
3701.83, 3702.59, 3702.511, 3702.52, 3702.526, 3702.71, 3702.74,	98
3702.75, 3702.91, 3702.95, 3721.02, 3730.09, 3735.31, 3735.67,	99
3737.02, 3745.71, 3772.02, 4141.01, 4141.09, 4141.11, 4141.131,	100
4141.20, 4141.25, 4141.29, 4141.35, 4303.021, 4503.44, 4511.191,	101
4715.14, 4715.30, 4715.302, 4717.10, 4723.28, 4723.486, 4723.487,	102
4725.01, 4725.091, 4725.092, 4725.16, 4725.19, 4729.12, 4729.54,	103
4729.541, 4729.65, 4729.80, 4729.83, 4729.86, 4730.25, 4730.48,	104
4730.53, 4731.055, 4731.15, 4731.155, 4731.22, 4731.24, 4731.241,	105
4731.281, 4737.045, 4758.01, 4758.02, 4758.06, 4758.16, 4758.20,	106
4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29, 4758.30,	107
4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.55, 4758.561,	108
4758.59, 4758.60, 4758.61, 4758.71, 4781.04, 4905.911, 4906.20,	109
4906.201, 4923.02, 5104.03, 5104.34, 5104.341, 5104.38, 5119.40,	110
5123.01, 5123.011, 5123.012, 5123.16, 5123.162, 5123.19, 5123.191,	111
5123.21, 5123.61, 5123.75, 5123.76, 5123.89, 5124.01, 5124.101,	112
5124.106, 5124.15, 5124.151, 5124.17, 5124.19, 5124.21, 5124.28,	113
5124.38, 5124.60, 5124.61, 5124.62, 5124.67, 5126.01, 5126.02,	114
5126.022, 5126.0219, 5126.041, 5126.046, 5126.051, 5126.08,	115
5126.21, 5126.25, 5126.42, 5126.43, 5126.45, 5139.05, 5139.34,	116
5139.36, 5139.41, 5153.21, 5153.42, 5165.03, 5165.031, 5165.10,	117
5165.106, 5165.15, 5165.23, 5165.25, 5165.65, 5165.68, 5513.01,	118
5531.10, 5703.052, 5703.21, 5705.10, 5709.12, 5709.121, 5709.40,	119
5713.012, 5713.08, 5715.19, 5715.27, 5717.01, 5727.111, 5739.05,	120
5739.09, 5747.02, 5747.025, 5747.50, and 5747.71 be amended;	121
Section 323.280 of Am. Sub. H.B. 59 of the 130th General Assembly	122
be amended and codified as section 5165.157 of the Revised Code;	123
and sections 5.074, 5.077, 9.54, 9.911, 127.163, 127.164, 164.261,	124
175.053, 193.01, 193.02, 193.03, 193.04, 193.05, 193.07, 193.09,	125
193.11, 193.13, 306.14, 307.678, 307.6910, 307.863, 341.121,	126
1541.50, 2935.012, 3123.90, 3302.15, 3313.351, 3313.902, 3326.29,	127
3345.56, 3721.122, 4121.443, 4715.15, 4723.433, 4729.861,	128
4730.093, 4731.77, 4741.49, 4758.48, 4758.62, 4758.63, 4758.64,	129
5101.345, 5101.90, 5103.05, 5103.051, 5119.401, 5122.36,	130
5123.0420, 5139.12, 5139.45, and 5155.28 of the Revised Code be	131
enacted to read as follows:	132

Sec. 5.074. The Ohio Veterans Memorial and Museum, located in	133
Franklin county at the site described in division (B) of section	134
307.6910 of the Revised Code, is the official state veterans	135
memorial and museum.	136

Sec. 5.077. The museum located on the grounds of the Ohio	137
state reformatory, operated by the Mansfield reformatory	138
preservation society, is the official state penal museum.	139

Sec. 7.10. For the publication of advertisements, notices,	140
and proclamations, except those relating to proposed amendments to	141
the Ohio Constitution, required to be published by a public	142
officer of the state, a benevolent or other public institution, a	143
trustee, assignee, executor, or administrator, or by or in any	144
court of record, except when the rate is otherwise fixed by law,	145
publishers of newspapers may charge and receive for such	146
advertisements, notices, and proclamations rates charged on annual	147
contracts by them for a like amount of space to other advertisers	148
who advertise in its general display advertising columns.	149

For the publication of advertisements, notices, or	150
proclamations required to be published by a public officer of a	151
county, municipal corporation, township, school, or other	152
political subdivision, publishers of newspapers shall establish a	153
government rate~~, which shall include free publication of~~	154
~~advertisements, notices, or proclamations on the newspaper's~~	155
~~internet web site, if the newspaper has one~~. The government rate	156
shall not exceed the lowest classified advertising rate and lowest	157
insert rate paid by other advertisers.	158

Legal advertising appearing in print, except that relating to	159
proposed amendments to the Ohio Constitution, shall be set up in a	160
compact form, without unnecessary spaces, blanks, or headlines,	161
and printed in not smaller than six-point type. The type used must	162
be of such proportions that the body of the capital letter M is no	163
wider than it is high and all other letters and characters are in	164
proportion.	165

Except as provided in section 2701.09 of the Revised Code,	166
all legal advertisements or, notices, and proclamations shall be	167
printed in a newspaper of general circulation and shall be posted	168
by the publisher of the newspaper on the newspaper's internet web	169
site, if the newspaper has one. A publisher of a newspaper shall	170
not charge for posting legal advertisements, notices, and	171
proclamations that are required by law to be published in a	172
newspaper of general circulation on the newspaper's internet web	173
site.	174

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

175

(1) "State agency" means any organized body, office, agency,	176
institution, or other entity established by the laws of the state	177
for the exercise of any function of state government, including	178
state institutions of higher education, as defined in section	179
3345.011 of the Revised Code.	180

(2) "Political subdivision" has the meaning defined in	181
section 2744.01 of the Revised Code.	182

(B) If a section of the Revised Code or an administrative	183
rule requires a state agency or a political subdivision to publish	184
a notice or advertisement two or more times in a newspaper of	185
general circulation and the section or administrative rule refers	186
to this section, the first publication of the notice or	187
advertisement shall be made in its entirety in a newspaper of	188
general circulation and may be made in a preprinted insert in the	189
newspaper, but the second publication otherwise required by that	190
section or administrative rule may be made in abbreviated form in	191
a newspaper of general circulation in the state or in the	192
political subdivision, as designated in that section or	193
administrative rule, and on the newspaper's internet web site, if	194
the newspaper has one. The state agency or political subdivision	195
may eliminate any further newspaper publications required by that	196
section or administrative rule, provided that the second,	197
abbreviated notice or advertisement meets all of the following	198
requirements:	199

(1) It is published in the newspaper of general circulation	200
in which the first publication of the notice or advertisement was	201
made ~~and is published on that newspaper's internet web site, if~~	202
~~the newspaper has one~~.	203

(2) It is ~~published~~posted by the publisher of the newspaper	204
on the ~~state~~official public notice web site established under	205
section 125.182 of the Revised Code. The publisher shall post the	206
required notice or advertisement on the web site at no additional	207
cost.	208

(3) It includes a title, followed by a summary paragraph or	209
statement that clearly describes the specific purpose of the	210
notice or advertisement, and includes a statement that the notice	211
or advertisement is posted in its entirety on the ~~state~~official	212
public notice web site. The notice or advertisement also may be	213
posted on the state agency's or political subdivision's internet	214
web site.	215

(4) It includes the internet ~~addresses~~address of the ~~state~~	216
official public notice web site~~, and of the newspaper's and state~~	217
~~agency's or political subdivision's internet web site if the~~	218
~~notice or advertisement is posted on those web sites,~~ and the	219
name, address, telephone number, and electronic mail address of	220
the state agency, political subdivision, or other party	221
responsible for publication of the notice or advertisement.	222

(C) A notice or advertisement published under this section on	223
an internet web site shall be published in its entirety in	224
accordance with the section of the Revised Code or the	225
administrative rule that requires the publication.	226

(D) If the ~~state~~official public notice web site established	227
under section 125.182 of the Revised Code is not operational, the	228
state agency or political subdivision shall not publish a notice	229
or advertisement under this section, but instead shall comply with	230
the publication requirements of the section of the Revised Code or	231
the administrative rule that refers to this section.	232

Sec. 9.37. (A) As used in this section, "public official"	233
means any elected or appointed officer, employee, or agent of the	234
state, any state institution of higher education, any political	235
subdivision, board, commission, bureau, or other public body	236
established by law. "State institution of higher education" means	237
any state university or college as defined in division (A)(1) of	238
section 3345.12 of the Revised Code, community college, state	239
community college, university branch, or technical college.	240

(B) Except as provided in divisions (F) and (G) of this	241
section, any public official may make by direct deposit of funds	242
by electronic transfer, if the payee provides a written	243
authorization designating a financial institution and an account	244
number to which the payment is to be credited, any payment such	245
public official is permitted or required by law in the performance	246
of official duties to make by issuing a check or warrant.	247

(C) Such public official may contract with a financial	248
institution for the services necessary to make direct deposits and	249
draw lump-sum checks or warrants payable to that institution in	250
the amount of the payments to be transferred.	251

(D) Before making any direct deposit as authorized under this	252
section, the public official shall ascertain that the account from	253
which the payment is to be made contains sufficient funds to cover	254
the amount of the payment.	255

(E) If the issuance of checks and warrants by a public	256
official requires authorization by a governing board, commission,	257
bureau, or other public body having jurisdiction over the public	258
official, the public official may only make direct deposits and	259
contracts under this section pursuant to a resolution of	260
authorization duly adopted by such governing board, commission,	261
bureau, or other public body.	262

(F) Pursuant to sections 307.55, 319.16, and 321.15 of the	263
Revised Code, a county auditor may issue, and a county treasurer	264
may redeem, electronic warrants authorizing direct deposit for	265
payment of county obligations in accordance with rules adopted by	266
the director of budget and management pursuant to Chapter 119. of	267
the Revised Code.	268

(G) The legislative authority of a municipal corporation, for	269
~~employees~~public officials of the municipal corporation, a county	270
auditor, for county ~~employees~~public officials, or a board of	271
township trustees, for township ~~employees~~public officials, may	272
adopt a direct deposit payroll policy under which all ~~employees~~	273
public officials of the municipal corporation, all county	274
~~employees~~public officials, or all township ~~employees~~public	275
officials, as the case may be, provide a written authorization	276
designating a financial institution and an account number to which	277
payment of the ~~employee's~~public official's compensation shall be	278
credited under the municipal corporation's, county's, or	279
township's direct deposit payroll policy. The direct deposit	280
payroll policy adopted by the legislative authority of a municipal	281
corporation, a county auditor, or a board of township trustees may	282
exempt from the direct deposit requirement those municipal,	283
county, or township ~~employees~~public officials who cannot provide	284
an account number, or for other reasons specified in the policy.	285
The written authorization is not a public record under section	286
149.43 of the Revised Code.	287

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

288

(1) "Political subdivision" has the meaning defined in	289
section 2744.01 of the Revised Code.	290

(2) "State agency" means any organized body, office, agency,	291
institution, or other entity established by the laws of the state	292
for the exercise of any function of state government. The term	293
includes a state institution of higher education as defined in	294
section 3345.011 of the Revised Code.	295

(B)(1) When legally authorized ~~by their respective~~	296
~~legislative authorities~~to do so, a political subdivision may	297
enter into an agreement with another political subdivision or a	298
state agency whereby athe contracting political subdivision or	299
state agency agrees to exercise any power, perform any function,	300
or render any service for ~~another~~the contracting recipient	301
political subdivision that the contracting recipient political	302
subdivision is otherwise legally authorized to exercise, perform,	303
or render.	304

In(2) When legally authorized to do so, a state agency may	305
enter into an agreement with a political subdivision whereby the	306
contracting political subdivision agrees to exercise any power,	307
perform any function, or render any service for the contracting	308
recipient state agency that the contracting recipient state agency	309
is otherwise legally authorized to exercise, perform, or render.	310

(C) In the absence in the agreement of provisions determining	311
by what officer, office, department, agency, or other authority	312
the powers and duties of a contracting political subdivision shall	313
be exercised or performed, the legislative authority of the	314
contracting political subdivision shall determine and assign the	315
powers and duties.	316

An agreement shall not suspend the possession by a	317
contracting recipient political subdivision or state agency of any	318
power or function that is exercised or performed on its behalf by	319
~~another~~the other contracting political subdivision or the	320
contracting state agency under the agreement.	321

A political subdivision shall not enter into an agreement to	322
levy any tax or to exercise, with regard to public moneys, any	323
investment powers, perform any investment function, or render any	324
investment service on behalf of a contracting subdivision. Nothing	325
in this paragraph prohibits a political subdivision from entering	326
into an agreement to collect, administer, or enforce any tax on	327
behalf of another political subdivision or to limit the authority	328
of political subdivisions to create and operate joint economic	329
development zones or joint economic development districts as	330
provided in sections 715.69 to 715.83 of the Revised Code.	331

~~(C)~~(D) No county elected officer may be required to exercise	332
any power, perform any function, or render any service under an	333
agreement entered into under this section without the written	334
consent of the county elected officer. No county may enter into an	335
agreement under this section for the exercise, performance, or	336
rendering of any statutory powers, functions, or services of any	337
county elected officer without the written consent of the county	338
elected officer.	339

~~(D)~~(E) No power shall be exercised, no function shall be	340
performed, and no service shall be rendered by a contracting	341
political subdivision or state agency pursuant to an agreement	342
entered into under this section within a political subdivision	343
that is not a party to the agreement, without first obtaining the	344
written consent of the political subdivision that is not a party	345
to the agreement and within which the power is to be exercised, a	346
function is to be performed, or a service is to be rendered.	347

~~(E)~~(F) Chapter 2744. of the Revised Code, insofar as it	348
applies to the operation of a political subdivision, applies to	349
the political subdivisions that are parties to an agreement and to	350
their employees when they are rendering a service outside the	351
boundaries of their employing political subdivision under the	352
agreement. Employees acting outside the boundaries of their	353
employing political subdivision while providing a service under an	354
agreement may participate in any pension or indemnity fund	355
established by the political subdivision to the same extent as	356
while they are acting within the boundaries of the political	357
subdivision, and are entitled to all the rights and benefits of	358
Chapter 4123. of the Revised Code to the same extent as while they	359
are performing a service within the boundaries of the political	360
subdivision.	361

Sec. 9.54. Whoever erects or replaces a sign containing the	362
international symbol of access shall use forms of the word	363
"accessible" rather than forms of the words "handicapped" or	364
"disabled" whenever words are included on the sign.	365

Sec. 9.90. (A) The board of trustees or other governing body	366
of a state institution of higher education, as defined in section	367
3345.011 of the Revised Code, board of education of a school	368
district, or governing board of an educational service center may,	369
in addition to all other powers provided in the Revised Code:	370

(1) Contract for, purchase, or otherwise procure from an	371
insurer or insurers licensed to do business by the state of Ohio	372
for or on behalf of such of its employees as it may determine,	373
life insurance, or sickness, accident, annuity, endowment, health,	374
medical, hospital, dental, or surgical coverage and benefits, or	375
any combination thereof, by means of insurance plans or other	376
types of coverage, family, group or otherwise, and may pay from	377
funds under its control and available for such purpose all or any	378
portion of the cost, premium, or charge for such insurance,	379
coverage, or benefits. However, the governing board, in addition	380
to or as an alternative to the authority otherwise granted by	381
division (A)(1) of this section, may elect to procure coverage for	382
health care services, for or on behalf of such of its employees as	383
it may determine, by means of policies, contracts, certificates,	384
or agreements issued by at least two health insuring corporations	385
holding a certificate of authority under Chapter 1751. of the	386
Revised Code and may pay from funds under the governing board's	387
control and available for such purpose all or any portion of the	388
cost of such coverage.	389

(2) Make payments to a custodial account for investment in	390
regulated investment company stock ~~for the purpose of providing~~	391
~~retirement benefits as described in section 403(b)(7) of the~~that	392
is treated as an annuity under Internal Revenue Code ~~of 1954, as~~	393
~~amended. Such stock shall be purchased only from persons~~	394
~~authorized to sell such stock in this state~~section 403(b).	395

Any income of an employee deferred under divisions (A)(1) and	396
(2) of this section in a deferred compensation program eligible	397
for favorable tax treatment under the Internal Revenue Code of	398
~~1954, as amended,~~ shall continue to be included as regular	399
compensation for the purpose of computing the contributions to and	400
benefits from the retirement system of such employee. Any sum so	401
deferred shall not be included in the computation of any federal	402
and state income taxes withheld on behalf of any such employee.	403

(B) All or any portion of the cost, premium, or charge	404
therefor may be paid in such other manner or combination of	405
manners as the board or governing body may determine, including	406
direct payment by the employee in cases under division (A)(1) of	407
this section, and, if authorized in writing by the employee in	408
cases under division (A)(1) or (2) of this section, by the board	409
or governing body with moneys made available by deduction from or	410
reduction in salary or wages or by the foregoing of a salary or	411
wage increase. Nothing in section 3917.01 or section 3917.06 of	412
the Revised Code shall prohibit the issuance or purchase of group	413
life insurance authorized by this section by reason of payment of	414
premiums therefor by the board or governing body from its funds,	415
and such group life insurance may be so issued and purchased if	416
otherwise consistent with the provisions of sections 3917.01 to	417
3917.07 of the Revised Code.	418

(C) The board of education of any school district may	419
exercise any of the powers granted to the governing boards of	420
public institutions of higher education under divisions (A) and	421
(B) of this section. All health care benefits provided to persons	422
employed by the public schools of this state shall be through	423
health care plans that contain best practices established by the	424
department of administrative services pursuant to section 9.901 of	425
the Revised Code.	426

Sec. 9.91. If ~~the governing board of a public institution of~~	427
~~higher education or~~ the board of education of a school district	428
procures a tax-sheltered annuity for an employee, pursuant to	429
section 9.90 of the Revised Code, that meets the requirements of	430
~~section 403(b) of the~~ Internal Revenue Code ~~of 1954, 26 U.S.C.A.~~	431
section 403(b), the employee has the right to designate the	432
licensed agent, broker, or company through whom the board shall	433
arrange for the placement or purchase of the tax-sheltered	434
annuity. In any case in which the employee has designated such an	435
agent, broker, or company, the board shall comply with the	436
designation, provided that the board may impose either or both of	437
the following as conditions to complying with any such	438
designations:	439

(A) The designee must execute a reasonable agreement	440
protecting the institution or district from any liability	441
attendant to procuring the annuity;	442

(B) The designee must be designated by a number of employees	443
equal to at least one per cent of the board's full-time employees	444
or at least five employees, whichever is greater, except that the	445
board may not require that the agent, broker, or company be	446
designated by more than fifty employees.	447

Sec. 9.911. (A) An annuity contract or custodial account	448
procured for an employee of a public institution of higher	449
education pursuant to section 9.90 of the Revised Code shall	450
comply with both of the following:	451

(1) The annuity contract or custodial account must meet the	452
requirements of Internal Revenue Code section 403(b).	453

(2) The institution, in its sole and absolute discretion,	454
shall arrange for the procurement of the annuity contract or	455
custodial account by doing one of the following:	456

(a) Selecting a minimum of four providers of annuity	457
contracts or custodial accounts through a selection process	458
determined by the institution in its sole and absolute discretion,	459
except that if fewer than four providers are available the	460
institution shall select the number of providers available.	461

(b) Subject to division (D) of this section, allowing each	462
eligible employee to designate a licensed agent, broker, or	463
company as a provider.	464

(B) Division (A)(2)(a) of this section does not require a	465
public institution of higher education to select a provider if	466
either of the following is the case:	467

(1) The provider is not willing to provide an annuity	468
contract or custodial account at that public institution.	469

(2) The provider is not willing to agree to the terms and	470
conditions of the agreement described in division (E) of this	471
section.	472

(C) Designation as a provider under section 9.90 of the	473
Revised Code prior to the effective date of this section does not	474
give a licensed agent, broker, or company a right to be selected	475
as a provider under this section, but subject to division (D) of	476
this section, such a licensed agent, broker, or company shall	477
remain a provider until another provider is selected under	478
division (A)(2) of this section.	479

(D) If an employee designates a provider under division	480
(A)(2)(b) of this section, the employing institution shall comply	481
with the designation but may require either or both of the	482
following:	483

(1) That the provider enter into an agreement with the	484
institution that does either or both of the following:	485

(a) Prohibits the provider from transferring funds to a third	486
party without the express consent of the institution or its	487
authorized representative;	488

(b) Includes such other terms and conditions as are	489
established by the institution in its sole discretion.	490

(2) That the provider be designated by a number of employees	491
equal to at least one per cent of the institution's eligible	492
employees or at least five employees, whichever is greater, except	493
that the institution may not require that the provider be	494
designated by more than fifty employees.	495

(E) An institution may require a provider selected under	496
division (A)(2)(a) of this section to enter into an agreement with	497
the institution that does either or both of the following:	498

(1) Prohibits the provider from transferring funds to a third	499
party without the express consent of the institution or its	500
authorized representative;	501

(2) Includes such other terms and conditions as are	502
established by the institution in its sole discretion.	503

Sec. 103.63. There is established an Ohio constitutional	504
modernization commission consisting of thirty-two members. Twelve	505
members shall be appointed from the general assembly as follows:	506
three by the president of the senate, three by the minority leader	507
of the senate, three by the speaker of the house of	508
representatives, and three by the minority leader of the house of	509
representatives. ~~Not later than~~On or before the tenth day of	510
January ~~1, 2012, and~~ every ~~two years thereafter~~even-numbered	511
year, the twelve general assembly members shall meet, organize,	512
and elect two co-chairpersons, who shall be from different	513
political parties. Beginning in 2014, the twelve general assembly	514
members shall elect one co-chairperson from each house of the	515
general assembly. The members shall then, by majority vote,	516
appoint twenty commission members, not from the general assembly.	517
All appointments shall end on the first day of January of every	518
even-numbered year, or as soon thereafter as successors are	519
appointed, and the commission shall then be re-created in the	520
manner provided above. Members may be reappointed. Vacancies on	521
the commission shall be filled in the manner provided for original	522
appointments.	523

The members of the commission shall serve without	524
compensation, but each member shall be reimbursed for actual and	525
necessary expenses incurred while engaging in the performance of	526
the member's official duties. Membership on the commission does	527
not constitute holding another public office. The joint	528
legislative ethics committee is the appropriate ethics commission	529
as described in division (F) of section 102.01 of the Revised Code	530
for matters relating to the public members appointed to the Ohio	531
constitutional modernization commission.	532

Sec. 118.27. (A) A financial planning and supervision	533
commission with respect to a municipal corporation, county, or	534
township, and its functions under this chapter, shall continue in	535
existence until such time as a determination is made pursuant to	536
division (B) of this section ~~that~~of one of the following:	537

(1) In the case of a village, the village has dissolved under	538
section 118.31, 703.20, or 703.201 of the Revised Code.	539

(2) In the case of a township, the township has dissolved	540
under section 118.31 of the Revised Code.	541

(3) In the case of a municipal corporation, county, or	542
township, the municipal corporation, county, or township has done	543
all of the following:	544

~~(1)~~(a) Planned, and is in the process of good faith	545
implementation of, an effective financial accounting and reporting	546
system in accordance with section 118.10 of the Revised Code, and	547
it is reasonably expected that such implementation will be	548
completed within two years;	549

~~(2)~~(b) Corrected and eliminated or has planned and is in the	550
process of good faith implementation of correcting and eliminating	551
all of the fiscal emergency conditions determined pursuant to	552
section 118.04 of the Revised Code, and no new fiscal emergency	553
conditions have occurred. The auditor of state shall monitor the	554
progress of the municipal corporation, county, or township in its	555
plan of good faith implementation of correcting and eliminating	556
all the fiscal emergency conditions. This monitoring is to secure	557
full implementation at the earliest time feasible but within two	558
years from such termination. If after a two-year period, the	559
municipal corporation, county, or township has failed to secure	560
full implementation, the auditor of state may redeclare the	561
municipal corporation, county, or township to be in a fiscal	562
emergency.	563

~~(3)~~(c) Met the objectives of the financial plan described in	564
section 118.06 of the Revised Code;	565

~~(4)~~(d) The municipal corporation, county, or township	566
prepares a financial forecast for a five-year period in accordance	567
with the standards issued by the auditor of state. An opinion must	568
be rendered by the auditor of state that the financial forecast is	569
considered to be nonadverse.	570

(B) The determination that ~~all of such~~the conditions for the	571
termination of the existence of the commission and its functions	572
exist may be made either by the auditor of state or by the	573
commission and shall be certified to the commission, the auditor	574
of state, the governor, and the budget commission, whereupon such	575
commission and its functions under this chapter shall terminate.	576
Such determination shall be made by the auditor of state upon the	577
filing with the auditor of state of a written request for such	578
determination by the municipal corporation, county, or township,	579
the governor, or the commission, or may be made by the auditor of	580
state upon the auditor of state's own initiative.	581

(C) The commission shall prepare and submit with such	582
certification a final report of its activities, in such form as is	583
appropriate for the purpose of providing a record of its	584
activities and assisting other commissions created under this	585
chapter in the conduct of their functions. All of the books and	586
records of the commission shall be delivered to the auditor of	587
state for retention and safekeeping.	588

(D) Upon receipt of the certification provided for in	589
division (B) of this section, the director shall follow the	590
procedures set forth in section 126.29 of the Revised Code.	591

(E) If, at the time of termination of the commission, an	592
effective financial accounting and reporting system has not been	593
fully implemented, the auditor of state shall monitor the progress	594
of implementation and shall exercise authority under Chapter 117.	595
and section 118.10 of the Revised Code to secure full	596
implementation at the earliest time feasible but within two years	597
from such termination.	598

Sec. 121.084. (A) All moneys collected under sections	599
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,	600
4169.03, ~~4171.04,~~ and 5104.051 of the Revised Code, and any other	601
moneys collected by the division of industrial compliance shall be	602
paid into the state treasury to the credit of the industrial	603
compliance operating fund, which is hereby created. The department	604
of commerce shall use the moneys in the fund for paying the	605
operating expenses of the division and the administrative	606
assessment described in division (B) of this section.	607

(B) The director of commerce, with the approval of the	608
director of budget and management, shall prescribe procedures for	609
assessing the industrial compliance operating fund a proportionate	610
share of the administrative costs of the department of commerce.	611
The assessment shall be made in accordance with those procedures	612
and be paid from the industrial compliance operating fund to the	613
division of administration fund created in section 121.08 of the	614
Revised Code.	615

Sec. 122.12. As used in this section and in section 122.121	616
of the Revised Code:	617

(A) "Endorsing county" means a county that contains a site	618
selected by a site selection organization for one or more games.	619

(B) "Endorsing municipality" means a municipal corporation	620
that contains a site selected by a site selection organization for	621
one or more games.	622

(C) "Game support contract" means a joinder undertaking,	623
joinder agreement, or similar contract executed by an endorsing	624
municipality or endorsing county and a site selection	625
organization.	626

(D)(1) "Game" means a national or international competition	627
of football, auto racing, rugby, cricket, horse racing, mixed	628
martial arts, boxing, or any sport that is governed by an	629
international federation and included in at least one of the	630
following:	631

~~(1)~~(a) Olympic games;

632

~~(2)~~(b) Pan American games;

633

~~(3)~~(c) Commonwealth games.

634

(2) "Game" includes the special olympics.

635

(E) "Joinder agreement" means an agreement entered into by a	636
local organizing committee, endorsing municipality, or endorsing	637
county, or more than one endorsing municipality or county acting	638
collectively and a site selection organization setting out	639
representations and assurances by each endorsing municipality or	640
endorsing county in connection with the selection of a site in	641
this state for the location of a game.	642

(F) "Joinder undertaking" means an agreement entered into by	643
a local organizing committee, endorsing municipality, or endorsing	644
county, or more than one endorsing municipality or county acting	645
collectively and a site selection organization that each endorsing	646
municipality or endorsing county will execute a joinder agreement	647
in the event that the site selection organization selects a site	648
in this state for a game.	649

(G) "Local organizing committee" means a nonprofit	650
corporation or its successor in interest that:	651

(1) Has been authorized by an endorsing municipality,	652
endorsing county, or more than one endorsing municipality or	653
county acting collectively to pursue an application and bid on the	654
applicant's behalf to a site selection organization for selection	655
as the site of one or more games; or	656

(2) With the authorization of an endorsing municipality,	657
endorsing county, or more than one endorsing municipality or	658
county acting collectively, has executed an agreement with a site	659
selection organization regarding a bid to host one or more games.	660

(H) "Site selection organization" means the national or	661
international governing body of a sport that is recognized as such	662
by the endorsing municipality, endorsing county, or local	663
organizing committee.	664

Sec. 122.121. (A) If a local organizing committee, endorsing	665
municipality, or endorsing county enters into a joinder	666
undertaking with a site selection organization, the local	667
organizing committee, endorsing municipality, or endorsing county	668
may apply to the director of development services, on a form and	669
in the manner prescribed by the director, for a grant based on the	670
projected incremental increase in the receipts from the tax	671
imposed under section 5739.02 of the Revised Code within the	672
market area designated under division (C) of this section, for the	673
two-week period that ends at the end of the day after the date on	674
which a game will be held, that is directly attributable, as	675
determined by the director, to the preparation for and	676
presentation of the game. The director shall determine the	677
projected incremental increase in the tax imposed under section	678
5739.02 of the Revised Code by using a formula approved by the	679
destination marketing association international for event impact	680
or another formula of similar purpose approved by the director.	681
The local organizing committee, endorsing municipality, or	682
endorsing county is eligible to receive a grant under this section	683
only if the projected incremental increase in receipts from the	684
tax imposed under section 5739.02 of the Revised Code, as	685
determined by the director, exceeds two hundred fifty thousand	686
dollars. The amount of the grant shall be not less than fifty per	687
cent of the projected incremental increase in receipts, as	688
determined by the director, but shall not exceed five hundred	689
thousand dollars. The director shall not issue grants with a total	690
value of more than one million dollars in any fiscal year, and	691
shall not issue any grant before July 1, 2013.	692

(B) If the director of development services approves an	693
application for a local organizing committee, endorsing	694
municipality, or endorsing county and that local organizing	695
committee, endorsing municipality, or endorsing county enters into	696
a joinder agreement with a site selection organization, the local	697
organizing committee, endorsing municipality, or endorsing county	698
shall file a copy of the joinder agreement with the director of	699
~~development, who immediately shall notify the director of budget~~	700
~~and management of the filing. Within thirty days after receiving~~	701
~~the notice, the director of budget and management shall establish~~	702
~~a schedule to disburse from the general revenue fund to such local~~	703
~~organizing committee, endorsing municipality, or endorsing county~~	704
~~payments that total the amount certified by the director of~~	705
~~development under division (A) of this section, but in no event~~	706
~~shall the total amount disbursed exceed five hundred thousand~~	707
~~dollars, and no disbursement shall be made before July 1, 2013~~.	708
The ~~payments~~grant shall be used exclusively by the local	709
organizing committee, endorsing municipality, or endorsing county	710
to fulfill a portion of its obligations to a site selection	711
organization under game support contracts, which obligations may	712
include the payment of costs relating to the preparations	713
necessary for the conduct of the game, including acquiring,	714
renovating, or constructing facilities; to pay the costs of	715
conducting the game; and to assist the local organizing committee,	716
endorsing municipality, or endorsing county in providing	717
assurances required by a site selection organization sponsoring	718
one or more games.	719

(C) For the purposes of division (A) of this section, the	720
director of development services, in consultation with the tax	721
commissioner, shall designate the market area for a game. The	722
market area shall consist of the combined statistical area, as	723
defined by the United States office of management and budget, in	724
which an endorsing municipality or endorsing county is located.	725

(D) A local organizing committee, endorsing municipality, or	726
endorsing county shall provide information required by the	727
director of development services and tax commissioner to enable	728
the director and commissioner to fulfill their duties under this	729
section, including annual audited statements of any financial	730
records required by a site selection organization and data	731
obtained by the local organizing committee, endorsing	732
municipality, or endorsing county relating to attendance at a game	733
and to the economic impact of the game. A local organizing	734
committee, an endorsing municipality, or an endorsing county shall	735
provide an annual audited financial statement if so required by	736
the director and commissioner, not later than the end of the	737
fourth month after the date the period covered by the financial	738
statement ends.	739

(E) Within thirty days after the game, the local organizing	740
committee, endorsing municipality, or endorsing county shall	741
report to the director of development services about the economic	742
impact of the game. The report shall be in the form and substance	743
required by the director, including, but not limited to, a final	744
income statement for the event showing total revenue and	745
expenditures and revenue and expenditures in the market area for	746
the game, and ticket sales for the game and any related activities	747
for which admission was charged. The director ~~of development~~ shall	748
determine, based on the reported information and the exercise of	749
reasonable judgment, the incremental increase in receipts from the	750
tax imposed under section 5739.02 of the Revised Code directly	751
attributable to the game. If the actual incremental increase in	752
such receipts is less than the projected incremental increase in	753
receipts, the director may require the local organizing committee,	754
endorsing municipality, or endorsing county to refund to the state	755
all or a portion of the grant.	756

(F) No disbursement may be made under this section if the	757
director of development services determines that it would be used	758
for the purpose of soliciting the relocation of a professional	759
sports franchise located in this state.	760

(G) This section may not be construed as creating or	761
requiring a state guarantee of obligations imposed on an endorsing	762
municipality or endorsing county under a game support contract or	763
any other agreement relating to hosting one or more games in this	764
state.	765

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

766

(1) "Certified engine configuration" means a new, rebuilt, or	767
remanufactured engine configuration that satisfies divisions	768
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	769
section:	770

(a) It has been certified by the administrator of the United	771
States environmental protection agency or the California air	772
resources board.	773

(b) It meets or is rebuilt or remanufactured to a more	774
stringent set of engine emission standards than when originally	775
manufactured, as determined pursuant to Subtitle G of Title VII of	776
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	777
et seq.	778

(c) In the case of a certified engine configuration involving	779
the replacement of an existing engine, an engine configuration	780
that replaced an engine that was removed from the vehicle and	781
returned to the supplier for remanufacturing to a more stringent	782
set of engine emissions standards or for scrappage.	783

(2) "Section 793" means section 793 of the Energy Policy Act	784
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	785

(3) "Verified technology" means a pollution control	786
technology, including a retrofit technology, advanced truckstop	787
electrification system, or auxiliary power unit, that has been	788
verified by the administrator of the United States environmental	789
protection agency or the California air resources board.	790

(B) For the purpose of reducing emissions from diesel	791
engines, the director of environmental protection shall administer	792
a diesel emissions reduction grant program and a ~~diesel emissions~~	793
~~reduction revolving loan~~clean diesel school bus program. The	794
programs shall provide for the implementation in this state of	795
section 793 and shall otherwise be administered in compliance with	796
the requirements of section 793, and any regulations issued	797
pursuant to that section.	798

The director shall apply to the administrator of the United	799
States environmental protection agency for grant or loan funds	800
available under section 793 to help fund the diesel emissions	801
reduction grant program and the ~~diesel emissions reduction~~	802
~~revolving loan~~clean diesel school bus program.	803

~~(C) There is hereby created in the state treasury the diesel~~	804
~~emissions reduction revolving loan fund consisting of money~~	805
~~appropriated to it by the general assembly, any grants obtained~~	806
~~from the federal government under section 793, and any other~~	807
~~grants, gifts, or other contributions of money made to the credit~~	808
~~of the fund. Money in the fund shall be used for the purpose of~~	809
~~making loans for projects relating to certified engine~~	810
~~configurations and verified technologies in a manner consistent~~	811
~~with the requirements of section 793 and any regulations issued~~	812
~~pursuant to that section. Interest earned from moneys in the fund~~	813
~~shall be used to administer the diesel emissions reduction~~	814
~~revolving loan program.~~	815

Sec. 124.32. (A) A person holding an office or position in	816
the classified service may be transferred to a similar position in	817
another office, department, or institution having the same pay and	818
similar duties, but no transfer shall be made as follows:	819

(1) From an office or position in one class to an office or	820
position in another class;	821

(2) To an office or position for original entrance to which	822
there is required by sections 124.01 to 124.64 of the Revised	823
Code, or the rules adopted pursuant to those sections, an	824
examination involving essential tests or qualifications or	825
carrying a salary different from or higher than those required for	826
original entrance to an office or position held by the person	827
proposed to be transferred.	828

No person in the classified civil service of the state may be	829
transferred without the consent of the director of administrative	830
services.	831

(B) Any person holding an office or position in the	832
classified service who has been separated from the service without	833
delinquency or misconduct on the person's part may be reinstated	834
within one year from the date of that separation to a vacancy in	835
the same office or in a similar position in the same department,	836
except that a person in the classified service of the state only	837
may be reinstated with the consent of the director of	838
administrative services. But, if that separation is due to injury	839
or physical or psychiatric disability, the person shall be	840
reinstated in the same office held or in a similar position to	841
that held at the time of separation, within ~~thirty~~sixty days	842
after written application for reinstatement, if the person passes	843
a physical or psychiatric examination made by a licensed	844
physician, a physician assistant, a clinical nurse specialist, a	845
certified nurse practitioner, or a certified nurse-midwife showing	846
that the person has recovered from the injury or physical or	847
psychiatric disability, if the application for reinstatement is	848
filed within two years from the date of separation, and if the	849
application is not filed after the date of service eligibility	850
retirement. The physician, physician assistant, clinical nurse	851
specialist, certified nurse practitioner, or certified	852
nurse-midwife shall be designated by the appointing authority and	853
shall complete any written documentation of the physical or	854
psychiatric examination.	855

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

856

(1) "Emergency medical service organization" has the same	857
meaning as in section 4765.01 of the Revised Code.	858

(2) "Private fire company" has the same meaning as in section	859
9.60 of the Revised Code.	860

(B) Except as otherwise provided in section 5139.03 of the	861
Revised Code, whenever a state agency determines that it has	862
excess or surplus supplies, it shall notify the director of	863
administrative services. Upon request by the director and on forms	864
provided by the director, the state agency shall furnish to the	865
director a list of all those excess and surplus supplies and an	866
appraisal of their value.	867

(C) The director of administrative services shall take	868
immediate control of a state agency's excess and surplus supplies,	869
except for the following excess and surplus supplies:	870

(1) Excess or surplus supplies that have a value below the	871
minimum value that the director establishes for excess and surplus	872
supplies under division (F) of this section;	873

(2) Excess or surplus supplies that the director has	874
authorized an agency to donate to a public entity, including, but	875
not limited to, public schools and surplus computers and computer	876
equipment transferred to a public school under division (H) of	877
this section;	878

(3) Excess or surplus supplies that an agency trades in as	879
full or partial payment when purchasing a replacement item;	880

(4) Hazardous property.

881

(D) The director shall inventory excess and surplus supplies	882
in the director's control and may have the supplies repaired.	883

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

884

(1) Dispose of declared surplus or excess supplies in the	885
director's control by sale, lease, donation, or transfer. If the	886
director does so, the director shall dispose of those supplies in	887
the following order of priority:	888

(a) To state agencies;

889

(b) To state-supported or state-assisted institutions of	890
higher education;	891

(c) To tax-supported agencies, municipal corporations, or	892
other political subdivisions of this state, private fire	893
companies, or private, nonprofit emergency medical service	894
organizations;	895

(d) To nonpublic elementary and secondary schools chartered	896
by the state board of education under section 3301.16 of the	897
Revised Code;	898

(e) To the general public by auction, sealed bid, sale, or	899
negotiation.	900

(2) If the director has attempted to dispose of any declared	901
surplus or excess motor vehicle that does not exceed four thousand	902
five hundred dollars in value pursuant to divisions (E)(1)(a) to	903
(c) of this section, donate the motor vehicle to a nonprofit	904
organization exempt from federal income taxation pursuant to 26	905
U.S.C. 501(a) and (c)(3) for the purpose of meeting the	906
transportation needs of participants in the Ohio works first	907
program established under Chapter 5107. of the Revised Code and	908
participants in the prevention, retention, and contingency program	909
established under Chapter 5108. of the Revised Code. The director	910
may not donate a motor vehicle furnished to the state highway	911
patrol to a nonprofit organization pursuant to this division.	912

(F) The director may adopt rules governing the sale, lease,	913
or transfer of surplus and excess supplies in the director's	914
control by public auction, sealed bid, sale, or negotiation,	915
except that no employee of the disposing agency shall be allowed	916
to purchase, lease, or receive any such supplies. The director may	917
dispose of declared surplus or excess supplies, including motor	918
vehicles, in the director's control as the director determines	919
proper if such supplies cannot be disposed of pursuant to division	920
(E) of this section. The director shall by rule establish a	921
minimum value for excess and surplus supplies and prescribe	922
procedures for a state agency to follow in disposing of excess and	923
surplus supplies in its control that have a value below the	924
minimum value established by the director.	925

(G) No state-supported or state-assisted institution of	926
higher education, tax-supported agency, municipal corporation, or	927
other political subdivision of this state, private fire company,	928
or private, nonprofit emergency medical service organization shall	929
sell, lease, or transfer excess or surplus supplies acquired under	930
this section to private entities or the general public at a price	931
greater than the price it originally paid for those supplies.	932

(H) The director of administrative services may authorize any	933
state agency to transfer surplus computers and computer equipment	934
that are not needed by other state agencies directly to an	935
accredited public school within the state. The computers and	936
computer equipment may be repaired or refurbished prior to	937
transfer. The state agency may charge a service fee to the public	938
schools for the property not to exceed the direct cost of	939
repairing or refurbishing it. The state agency shall deposit such	940
funds into the account used for repair or refurbishment.	941

Sec. 125.182. ~~The office of information technology, by itself~~	942
~~or by contract with another entity,~~(A) An Ohio trade association	943
that represents the majority of newspapers of general circulation	944
as defined in section 7.12 of the Revised Code shall ~~establish,~~	945
operate, and maintain ~~a state~~the official public notice web site.	946
~~In establishing, maintaining, and operating the state public~~	947
~~notice web site, the office of information technology~~	948

Not later than one hundred eighty days after the effective	949
date of this section, in all cases in which a notice or	950
advertisement is required by a section of the Revised Code or an	951
administrative rule to be published in a newspaper of general	952
circulation, or in a daily law journal as required by section	953
2701.09 of the Revised Code, the notice or advertisement also	954
shall be posted on the official public notice web site by the	955
publisher of the newspaper or journal.	956

The operator of the official public notice web site shall:

957

~~(A)~~(1) Use a domain name for the web site that will be easily	958
recognizable and remembered by and understandable to users of the	959
web site;	960

~~(B)~~(2) Maintain the web site on the internet so that it is	961
fully accessible to and searchable by members of the public at all	962
times, other than during maintenance or acts of God outside the	963
operator's control;	964

~~(C)~~(3) Not charge a fee to a person ~~who~~that accesses,the	965
web site to view notices or advertisements or to perform searches,	966
~~or otherwise uses~~of the web site, provided that the operator may	967
charge a fee for enhanced search and customized content delivery	968
features;	969

~~(D)~~(4) Not charge a fee to a state agency or political	970
subdivision for publishing a notice or advertisement on the web	971
site;	972

~~(E)~~(5) Ensure that notices and advertisements displayed on	973
the web site conform to the requirements that would apply to the	974
notices and advertisements if they were being published in a	975
newspaper, as directed in section 7.16 of the Revised Code or in	976
the relevant provision of the statute or rule that requires the	977
notice;	978

~~(F)~~(6) Ensure that notices and advertisements continue to be	979
displayed on the web site for not less than the length of time	980
required by the relevant provision of the statute or rule that	981
requires the notice or advertisement;	982

~~(G) Devise and display on the web site a form that may be~~	983
~~downloaded and used to request publication of a notice on the web~~	984
~~site;~~	985

~~(H) Enable responsible parties to submit notices and requests~~	986
~~for their publication;~~	987

~~(I)~~(7) Maintain an archive of notices and advertisements that	988
no longer are displayed on the web site;	989

~~(J)~~(8) Enable notices and advertisements, both those	990
currently displayed and those archived, to be accessed by key	991
word, by party name, by case number, by county, and by other	992
useful identifiers;	993

~~(K)~~(9) Maintain adequate systemic security and backup	994
features, and develop and maintain a contingency plan for coping	995
with and recovering from power outages, systemic failures, and	996
other unforeseeable difficulties;	997

~~(L) Maintain the web site in such a manner that it will not~~	998
~~infringe legally protected interests, so that vulnerability of the~~	999
~~web site to interruption because of litigation or the threat of~~	1000
~~litigation is reduced; and~~	1001

~~(M) Submit a status report to the secretary of state twice~~	1002
~~annually that demonstrates compliance with statutory requirements~~	1003
~~governing publication of notices.~~	1004

~~The office of information technology shall bear the expense~~	1005
~~of maintaining the state public notice web site domain name~~(10)	1006
Provide access to the web site to the publisher of any Ohio	1007
newspaper or daily law journal that qualifies under the Revised	1008
Code to publish notices and advertisements, for the posting of	1009
notices and advertisements at no cost, or for a reasonable,	1010
uniform fee for the service; and	1011

(11) Provide, if requested, a regularly scheduled feed or	1012
similar data transfer to the department of administrative services	1013
of notices and advertisements posted on the web site, provided	1014
that the operator of the web site shall not be required to provide	1015
the feed or transfer more often than once every business day.	1016

(B) An error in a notice or advertisement posted on the	1017
official public notice web site, or a temporary web site outage or	1018
service interruption preventing the posting or display of a notice	1019
or advertisement on that web site, does not constitute a defect in	1020
making legal publication of the notice or advertisement, and	1021
publication requirements shall be considered met if the notice or	1022
advertisement published in the newspaper or daily law journal is	1023
correct.	1024

(C) The official public notice web site shall not contain any	1025
political publications or political advertising described in	1026
division (A)(1)(a), (b), or (c) of section 3517.20 of the Revised	1027
Code.	1028

(D) The publisher of a newspaper of general circulation or of	1029
a daily law journal that maintains a web site shall include on its	1030
web site a link to the official public notice web site.	1031

Sec. 126.21. (A) The director of budget and management shall	1032
do all of the following:	1033

(1) Keep all necessary accounting records;

1034

(2) Prescribe and maintain the accounting system of the state	1035
and establish appropriate accounting procedures and charts of	1036
accounts;	1037

(3) Establish procedures for the use of written, electronic,	1038
optical, or other communications media for approving and reviewing	1039
payment vouchers;	1040

(4) Reconcile, in the case of any variation between the	1041
amount of any appropriation and the aggregate amount of items of	1042
the appropriation, with the advice and assistance of the state	1043
agency affected by it and the legislative service commission,	1044
totals so as to correspond in the aggregate with the total	1045
appropriation. In the case of a conflict between the item and the	1046
total of which it is a part, the item shall be considered the	1047
intended appropriation.	1048

(5) Evaluate on an ongoing basis and, if necessary, recommend	1049
improvements to the internal controls used in state agencies;	1050

(6) Authorize the establishment of petty cash accounts. The	1051
director may withdraw approval for any petty cash account and	1052
require the officer in charge to return to the state treasury any	1053
unexpended balance shown by the officer's accounts to be on hand.	1054
Any officer who is issued a warrant for petty cash shall render a	1055
detailed account of the expenditures of the petty cash and shall	1056
report when requested the balance of petty cash on hand at any	1057
time.	1058

(7) Process orders, invoices, vouchers, claims, and payrolls	1059
and prepare financial reports and statements;	1060

(8) Perform extensions, reviews, and compliance checks prior	1061
to or after approving a payment as the director considers	1062
necessary;	1063

(9) Issue the official comprehensive annual financial report	1064
of the state. The report shall cover all funds of the state	1065
reporting entity and shall include basic financial statements and	1066
required supplementary information prepared in accordance with	1067
generally accepted accounting principles and other information as	1068
the director provides. All state agencies, authorities,	1069
institutions, offices, retirement systems, and other component	1070
units of the state reporting entity as determined by the director	1071
shall furnish the director whatever financial statements and other	1072
information the director requests for the report, in the form, at	1073
the times, covering the periods, and with the attestation the	1074
director prescribes. The information for state institutions of	1075
higher education, as defined in section 3345.011 of the Revised	1076
Code, shall be submitted to the chancellor by the Ohio board of	1077
regents. The board shall establish a due date by which each such	1078
institution shall submit the information to the board, but no such	1079
date shall be later than one hundred twenty days after the end of	1080
the state fiscal year unless a later date is approved by the	1081
director.	1082

(B) In addition to the director's duties under division (A)	1083
of this section, the director may establish and administer one or	1084
more ~~state~~ payment card programs that permit ~~or require~~ state	1085
agencies and political subdivisions to use a payment card to	1086
purchase equipment, materials, supplies, or services in accordance	1087
with guidelines issued by the director. The chief administrative	1088
officer of a state agency or political subdivision that uses a	1089
payment card for such purposes shall ensure that purchases made	1090
with the card are made in accordance with the guidelines issued by	1091
the director ~~and do not exceed the unexpended, unencumbered,~~	1092
~~unobligated balance in the appropriation to be charged for the~~	1093
~~purchase~~. State agencies may participate in only those ~~state~~	1094
payment card programs that the director establishes pursuant to	1095
this section.	1096

(C) In addition to the director's duties under divisions (A)	1097
and (B) of this section, the director may enter into any contract	1098
or agreement necessary for and incidental to the performance of	1099
the director's duties or the duties of the office of budget and	1100
management.	1101

(D) In addition to the director's duties under divisions (A),	1102
(B), and (C) of this section, the director may operate a shared	1103
services center within the office of budget and management for the	1104
purpose of consolidating common business functions and	1105
transactional processes. The services offered by the shared	1106
services center may be provided to any state agency or political	1107
subdivision. In consultation with the director of administrative	1108
services, the director may appoint and fix the compensation of	1109
employees of the office ~~of budget and management~~ whose primary	1110
duties include the consolidation of ~~statewide financing~~common	1111
business functions and ~~common~~ transactional processes.	1112

(E) The director may transfer cash between funds other than	1113
the general revenue fund in order to correct an erroneous payment	1114
or deposit regardless of the fiscal year during which the	1115
erroneous payment or deposit occurred.	1116

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

1117

(1) "Political subdivision" has the same meaning as in	1118
section 2744.01 of the Revised Code.	1119

(2) "State agency" has the same meaning as in section 9.482	1120
of the Revised Code.	1121

Sec. 126.25. The ~~accounting and budgeting~~ services provided	1122
by the director of budget and management under section 126.21 of	1123
the Revised Code shall be supported by ~~user~~ charges. The director	1124
shall determine a rate that is sufficient to defray the expense of	1125
those services and the manner by which those charges shall be	1126
collected. All money collected from ~~user~~the charges shall be	1127
deposited in the state treasury to the credit of the accounting	1128
and budgeting fund, which is hereby created. Rebates or revenue	1129
shares received from any ~~state~~ payment card program established	1130
under division (B) of section 126.21 of the Revised Code and	1131
miscellaneous payments that reimburse expenses paid from the	1132
accounting and budgeting fund may be deposited into the accounting	1133
and budgeting fund and used to support ~~accounting and budgeting~~	1134
the services provided by the director.	1135

Sec. 127.163. At the time a state agency submits a request	1136
to the controlling board to approve the making of a purchase, if	1137
the requested purchase is to be made from a supplier who is not	1138
headquartered in this state but has a presence in this state, the	1139
state agency shall include in the request the following	1140
information:	1141

(A) The address or addresses of the supplier's places of	1142
business in this state;	1143

(B) The total number of employees the supplier employs in	1144
each of its places of business in this state;	1145

(C) The percentage of the requested purchase to be completed	1146
by employees of the supplier located in this state;	1147

(D) A list of any suppliers, subcontractors, or other	1148
entities the supplier intends to use to fulfill the requested	1149
purchase that includes all of the following:	1150

(1) The address or addresses of the places of business in	1151
this state of each potential supplier, subcontractor, or entity;	1152

(2) The number of employees that each potential supplier,	1153
subcontractor, or entity employs in each of its places of business	1154
in this state;	1155

(3) The percentage of the requested purchase to be completed	1156
by employees of the potential supplier, subcontractor, or entity	1157
located in this state.	1158

Sec. 127.164. (A) Prior to submitting a request to approve	1159
the making of a purchase to the controlling board, a state agency	1160
shall contact any entity headquartered in this state that the	1161
state agency approached related to the proposed purchase or to	1162
whom the state agency sent a request for proposals but who did not	1163
respond to the request for proposals and ascertain why the entity	1164
did not respond.	1165

(B) At the time a state agency submits a request to the	1166
controlling board to approve the making of a purchase, the state	1167
agency shall submit to the board, as part of the request, the	1168
information that the state agency collected under division (A) of	1169
this section.	1170

Sec. 131.35. (A) With respect to the federal funds received	1171
into any fund of the state from which transfers may be made under	1172
division (D) of section 127.14 of the Revised Code:	1173

(1) No state agency may make expenditures of any federal	1174
funds, whether such funds are advanced prior to expenditure or as	1175
reimbursement, unless such expenditures are made pursuant to	1176
specific appropriations of the general assembly, are authorized by	1177
the controlling board pursuant to division (A)(5) of this section,	1178
or are authorized by an executive order issued in accordance with	1179
section 107.17 of the Revised Code, and until an allotment has	1180
been approved by the director of budget and management. All	1181
federal funds received by a state agency shall be reported to the	1182
director within fifteen days of the receipt of such funds or the	1183
notification of award, whichever occurs first. The director shall	1184
prescribe the forms and procedures to be used when reporting the	1185
receipt of federal funds.	1186

(2) If the federal funds received are greater than the amount	1187
of such funds appropriated by the general assembly for a specific	1188
purpose, the total appropriation of federal and state funds for	1189
such purpose shall remain at the amount designated by the general	1190
assembly, except that the expenditure of federal funds received in	1191
excess of such specific appropriation may be authorized by the	1192
controlling board, subject to division (D) of this section.	1193

(3) To the extent that the expenditure of excess federal	1194
funds is authorized, the controlling board may transfer a like	1195
amount of general revenue fund appropriation authority from the	1196
affected agency to the emergency purposes appropriation of the	1197
controlling board, if such action is permitted under federal	1198
regulations.	1199

(4) Additional funds may be created by the controlling board	1200
to receive revenues not anticipated in an appropriations act for	1201
the biennium in which such new revenues are received. ~~Expenditures~~	1202
Subject to division (D) of this section, expenditures from such	1203
additional funds may be authorized by the controlling board, but	1204
such authorization shall not extend beyond the end of the biennium	1205
in which such funds are created.	1206

(5) Controlling board authorization for a state agency to	1207
make an expenditure of federal funds constitutes authority for the	1208
agency to participate in the federal program providing the funds,	1209
and the agency is not required to obtain an executive order under	1210
section 107.17 of the Revised Code to participate in the federal	1211
program.	1212

(B) With respect to nonfederal funds received into the	1213
waterways safety fund, the wildlife fund, and any fund of the	1214
state from which transfers may be made under division (D) of	1215
section 127.14 of the Revised Code:	1216

(1) No state agency may make expenditures of any such funds	1217
unless the expenditures are made pursuant to specific	1218
appropriations of the general assembly.	1219

(2) If the receipts received into any fund are greater than	1220
the amount appropriated, the appropriation for that fund shall	1221
remain at the amount designated by the general assembly or,	1222
subject to division (D) of this section, as increased and approved	1223
by the controlling board.	1224

(3) Additional funds may be created by the controlling board	1225
to receive revenues not anticipated in an appropriations act for	1226
the biennium in which such new revenues are received. ~~Expenditures~~	1227
Subject to division (D) of this section, expenditures from such	1228
additional funds may be authorized by the controlling board, but	1229
such authorization shall not extend beyond the end of the biennium	1230
in which such funds are created.	1231

(C) The controlling board shall not authorize more than ten	1232
per cent of additional spending from the occupational licensing	1233
and regulatory fund, created in section 4743.05 of the Revised	1234
Code, in excess of any appropriation made by the general assembly	1235
to a licensing agency except an appropriation for costs related to	1236
the examination or reexamination of applicants for a license. As	1237
used in this division, "licensing agency" and "license" have the	1238
same meanings as in section 4745.01 of the Revised Code.	1239

(D) The amount of any expenditure or of an increase in an	1240
appropriation authorized under division (A)(2) or (4) or (B)(2) or	1241
(3) of this section for a specific or related purpose or item in	1242
any fiscal year shall not exceed an amount greater than one per	1243
cent of the general revenue fund appropriations for that fiscal	1244
year.	1245

Sec. 133.06. (A) A school district shall not incur, without	1246
a vote of the electors, net indebtedness that exceeds an amount	1247
equal to one-tenth of one per cent of its tax valuation, except as	1248
provided in divisions (G) and (H) of this section and in division	1249
~~(C)~~(D) of section 3313.372 of the Revised Code, or as prescribed	1250
in section 3318.052 or 3318.44 of the Revised Code, or as provided	1251
in division (J) of this section.	1252

(B) Except as provided in divisions (E), (F), and (I) of this	1253
section, a school district shall not incur net indebtedness that	1254
exceeds an amount equal to nine per cent of its tax valuation.	1255

(C) A school district shall not submit to a vote of the	1256
electors the question of the issuance of securities in an amount	1257
that will make the district's net indebtedness after the issuance	1258
of the securities exceed an amount equal to four per cent of its	1259
tax valuation, unless the superintendent of public instruction,	1260
acting under policies adopted by the state board of education, and	1261
the tax commissioner, acting under written policies of the	1262
commissioner, consent to the submission. A request for the	1263
consents shall be made at least one hundred twenty days prior to	1264
the election at which the question is to be submitted.	1265

The superintendent of public instruction shall certify to the	1266
district the superintendent's and the tax commissioner's decisions	1267
within thirty days after receipt of the request for consents.	1268

If the electors do not approve the issuance of securities at	1269
the election for which the superintendent of public instruction	1270
and tax commissioner consented to the submission of the question,	1271
the school district may submit the same question to the electors	1272
on the date that the next special election may be held under	1273
section 3501.01 of the Revised Code without submitting a new	1274
request for consent. If the school district seeks to submit the	1275
same question at any other subsequent election, the district shall	1276
first submit a new request for consent in accordance with this	1277
division.	1278

(D) In calculating the net indebtedness of a school district,	1279
none of the following shall be considered:	1280

(1) Securities issued to acquire school buses and other	1281
equipment used in transporting pupils or issued pursuant to	1282
division (D) of section 133.10 of the Revised Code;	1283

(2) Securities issued under division (F) of this section,	1284
under section 133.301 of the Revised Code, and, to the extent in	1285
excess of the limitation stated in division (B) of this section,	1286
under division (E) of this section;	1287

(3) Indebtedness resulting from the dissolution of a joint	1288
vocational school district under section 3311.217 of the Revised	1289
Code, evidenced by outstanding securities of that joint vocational	1290
school district;	1291

(4) Loans, evidenced by any securities, received under	1292
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;	1293

(5) Debt incurred under section 3313.374 of the Revised Code;

1294

(6) Debt incurred pursuant to division (B)(5) of section	1295
3313.37 of the Revised Code to acquire computers and related	1296
hardware;	1297

(7) Debt incurred under section 3318.042 of the Revised Code.

1298

(E) A school district may become a special needs district as	1299
to certain securities as provided in division (E) of this section.	1300

(1) A board of education, by resolution, may declare its	1301
school district to be a special needs district by determining both	1302
of the following:	1303

(a) The student population is not being adequately serviced	1304
by the existing permanent improvements of the district.	1305

(b) The district cannot obtain sufficient funds by the	1306
issuance of securities within the limitation of division (B) of	1307
this section to provide additional or improved needed permanent	1308
improvements in time to meet the needs.	1309

(2) The board of education shall certify a copy of that	1310
resolution to the superintendent of public instruction with a	1311
statistical report showing all of the following:	1312

(a) The history of and a projection of the growth of the tax	1313
valuation;	1314

(b) The projected needs;

1315

(c) The estimated cost of permanent improvements proposed to	1316
meet such projected needs.	1317

(3) The superintendent of public instruction shall certify	1318
the district as an approved special needs district if the	1319
superintendent finds both of the following:	1320

(a) The district does not have available sufficient	1321
additional funds from state or federal sources to meet the	1322
projected needs.	1323

(b) The projection of the potential average growth of tax	1324
valuation during the next five years, according to the information	1325
certified to the superintendent and any other information the	1326
superintendent obtains, indicates a likelihood of potential	1327
average growth of tax valuation of the district during the next	1328
five years of an average of not less than one and one-half per	1329
cent per year. The findings and certification of the	1330
superintendent shall be conclusive.	1331

(4) An approved special needs district may incur net	1332
indebtedness by the issuance of securities in accordance with the	1333
provisions of this chapter in an amount that does not exceed an	1334
amount equal to the greater of the following:	1335

(a) Twelve per cent of the sum of its tax valuation plus an	1336
amount that is the product of multiplying that tax valuation by	1337
the percentage by which the tax valuation has increased over the	1338
tax valuation on the first day of the sixtieth month preceding the	1339
month in which its board determines to submit to the electors the	1340
question of issuing the proposed securities;	1341

(b) Twelve per cent of the sum of its tax valuation plus an	1342
amount that is the product of multiplying that tax valuation by	1343
the percentage, determined by the superintendent of public	1344
instruction, by which that tax valuation is projected to increase	1345
during the next ten years.	1346

(F) A school district may issue securities for emergency	1347
purposes, in a principal amount that does not exceed an amount	1348
equal to three per cent of its tax valuation, as provided in this	1349
division.	1350

(1) A board of education, by resolution, may declare an	1351
emergency if it determines both of the following:	1352

(a) School buildings or other necessary school facilities in	1353
the district have been wholly or partially destroyed, or condemned	1354
by a constituted public authority, or that such buildings or	1355
facilities are partially constructed, or so constructed or planned	1356
as to require additions and improvements to them before the	1357
buildings or facilities are usable for their intended purpose, or	1358
that corrections to permanent improvements are necessary to remove	1359
or prevent health or safety hazards.	1360

(b) Existing fiscal and net indebtedness limitations make	1361
adequate replacement, additions, or improvements impossible.	1362

(2) Upon the declaration of an emergency, the board of	1363
education may, by resolution, submit to the electors of the	1364
district pursuant to section 133.18 of the Revised Code the	1365
question of issuing securities for the purpose of paying the cost,	1366
in excess of any insurance or condemnation proceeds received by	1367
the district, of permanent improvements to respond to the	1368
emergency need.	1369

(3) The procedures for the election shall be as provided in	1370
section 133.18 of the Revised Code, except that:	1371

(a) The form of the ballot shall describe the emergency	1372
existing, refer to this division as the authority under which the	1373
emergency is declared, and state that the amount of the proposed	1374
securities exceeds the limitations prescribed by division (B) of	1375
this section;	1376

(b) The resolution required by division (B) of section 133.18	1377
of the Revised Code shall be certified to the county auditor and	1378
the board of elections at least one hundred days prior to the	1379
election;	1380

(c) The county auditor shall advise and, not later than	1381
ninety-five days before the election, confirm that advice by	1382
certification to, the board of education of the information	1383
required by division (C) of section 133.18 of the Revised Code;	1384

(d) The board of education shall then certify its resolution	1385
and the information required by division (D) of section 133.18 of	1386
the Revised Code to the board of elections not less than ninety	1387
days prior to the election.	1388

(4) Notwithstanding division (B) of section 133.21 of the	1389
Revised Code, the first principal payment of securities issued	1390
under this division may be set at any date not later than sixty	1391
months after the earliest possible principal payment otherwise	1392
provided for in that division.	1393

(G)(1) The board of education may contract with an architect,	1394
professional engineer, or other person experienced in the design	1395
and implementation of energy conservation measures for an analysis	1396
and recommendations pertaining to installations, modifications of	1397
installations, or remodeling that would significantly reduce	1398
energy consumption in buildings owned by the district. The report	1399
shall include estimates of all costs of such installations,	1400
modifications, or remodeling, including costs of design,	1401
engineering, installation, maintenance, repairs, and debt service,	1402
forgone residual value of materials or equipment replaced by the	1403
energy conservation measure, as defined by the Ohio school	1404
facilities commission, a baseline analysis of actual energy	1405
consumption data for the preceding three years with the utility	1406
baseline based on only the actual energy consumption data for the	1407
preceding twelve months, and estimates of the amounts by which	1408
energy consumption and resultant operational and maintenance	1409
costs, as defined by the commission, would be reduced.	1410

If the board finds after receiving the report that the amount	1411
of money the district would spend on such installations,	1412
modifications, or remodeling is not likely to exceed the amount of	1413
money it would save in energy and resultant operational and	1414
maintenance costs over the ensuing fifteen years, the board may	1415
submit to the commission a copy of its findings and a request for	1416
approval to incur indebtedness to finance the making or	1417
modification of installations or the remodeling of buildings for	1418
the purpose of significantly reducing energy consumption.	1419

The school facilities commission, in consultation with the	1420
auditor of state, may deny a request under this division by the	1421
board of education any school district is in a state of fiscal	1422
watch pursuant to division (A) of section 3316.03 of the Revised	1423
Code, if it determines that the expenditure of funds is not in the	1424
best interest of the school district.	1425

No district board of education of a school district that is	1426
in a state of fiscal emergency pursuant to division (B) of section	1427
3316.03 of the Revised Code shall submit a request without	1428
submitting evidence that the installations, modifications, or	1429
remodeling have been approved by the district's financial planning	1430
and supervision commission established under section 3316.05 of	1431
the Revised Code.	1432

No board of education of a school district that, for three or	1433
more consecutive years, has been declared to be in a state of	1434
academic emergency under section 3302.03 of the Revised Code, as	1435
that section existed prior to March 22, 2013, and has failed to	1436
meet adequate yearly progress, or has met any condition set forth	1437
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	1438
Code shall submit a request without first receiving approval to	1439
incur indebtedness from the district's academic distress	1440
commission established under that section, for so long as such	1441
commission continues to be required for the district.	1442

(2) The school facilities commission shall approve the	1443
board's request provided that the following conditions are	1444
satisfied:	1445

(a) The commission determines that the board's findings are	1446
reasonable.	1447

(b) The request for approval is complete.

1448

(c) The installations, modifications, or remodeling are	1449
consistent with any project to construct or acquire classroom	1450
facilities, or to reconstruct or make additions to existing	1451
classroom facilities under sections 3318.01 to 3318.20 or sections	1452
3318.40 to 3318.45 of the Revised Code.	1453

Upon receipt of the commission's approval, the district may	1454
issue securities without a vote of the electors in a principal	1455
amount not to exceed nine-tenths of one per cent of its tax	1456
valuation for the purpose of making such installations,	1457
modifications, or remodeling, but the total net indebtedness of	1458
the district without a vote of the electors incurred under this	1459
and all other sections of the Revised Code, except section	1460
3318.052 of the Revised Code, shall not exceed one per cent of the	1461
district's tax valuation.	1462

(3) So long as any securities issued under this division	1463
remain outstanding, the board of education shall monitor the	1464
energy consumption and resultant operational and maintenance costs	1465
of buildings in which installations or modifications have been	1466
made or remodeling has been done pursuant to this division and	1467
shall maintain and annually update a report documenting the	1468
reductions in energy consumption and resultant operational and	1469
maintenance cost savings attributable to such installations,	1470
modifications, or remodeling. The report shall be certified by an	1471
architect or engineer independent of any person that provided	1472
goods or services to the board in connection with the energy	1473
conservation measures that are the subject of the report. The	1474
resultant operational and maintenance cost savings shall be	1475
certified by the school district treasurer. The report shall be	1476
submitted annually to the commission.	1477

(H) With the consent of the superintendent of public	1478
instruction, a school district may incur without a vote of the	1479
electors net indebtedness that exceeds the amounts stated in	1480
divisions (A) and (G) of this section for the purpose of paying	1481
costs of permanent improvements, if and to the extent that both of	1482
the following conditions are satisfied:	1483

(1) The fiscal officer of the school district estimates that	1484
receipts of the school district from payments made under or	1485
pursuant to agreements entered into pursuant to section 725.02,	1486
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	1487
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	1488
Code, or distributions under division (C) of section 5709.43 of	1489
the Revised Code, or any combination thereof, are, after	1490
accounting for any appropriate coverage requirements, sufficient	1491
in time and amount, and are committed by the proceedings, to pay	1492
the debt charges on the securities issued to evidence that	1493
indebtedness and payable from those receipts, and the taxing	1494
authority of the district confirms the fiscal officer's estimate,	1495
which confirmation is approved by the superintendent of public	1496
instruction;	1497

(2) The fiscal officer of the school district certifies, and	1498
the taxing authority of the district confirms, that the district,	1499
at the time of the certification and confirmation, reasonably	1500
expects to have sufficient revenue available for the purpose of	1501
operating such permanent improvements for their intended purpose	1502
upon acquisition or completion thereof, and the superintendent of	1503
public instruction approves the taxing authority's confirmation.	1504

The maximum maturity of securities issued under division (H)	1505
of this section shall be the lesser of twenty years or the maximum	1506
maturity calculated under section 133.20 of the Revised Code.	1507

(I) A school district may incur net indebtedness by the	1508
issuance of securities in accordance with the provisions of this	1509
chapter in excess of the limit specified in division (B) or (C) of	1510
this section when necessary to raise the school district portion	1511
of the basic project cost and any additional funds necessary to	1512
participate in a project under Chapter 3318. of the Revised Code,	1513
including the cost of items designated by the Ohio school	1514
facilities commission as required locally funded initiatives, the	1515
cost of other locally funded initiatives in an amount that does	1516
not exceed fifty per cent of the district's portion of the basic	1517
project cost, and the cost for site acquisition. The school	1518
facilities commission shall notify the superintendent of public	1519
instruction whenever a school district will exceed either limit	1520
pursuant to this division.	1521

(J) A school district whose portion of the basic project cost	1522
of its classroom facilities project under sections 3318.01 to	1523
3318.20 of the Revised Code is greater than or equal to one	1524
hundred million dollars may incur without a vote of the electors	1525
net indebtedness in an amount up to two per cent of its tax	1526
valuation through the issuance of general obligation securities in	1527
order to generate all or part of the amount of its portion of the	1528
basic project cost if the controlling board has approved the	1529
school facilities commission's conditional approval of the project	1530
under section 3318.04 of the Revised Code. The school district	1531
board and the Ohio school facilities commission shall include the	1532
dedication of the proceeds of such securities in the agreement	1533
entered into under section 3318.08 of the Revised Code. No state	1534
moneys shall be released for a project to which this section	1535
applies until the proceeds of any bonds issued under this section	1536
that are dedicated for the payment of the school district portion	1537
of the project are first deposited into the school district's	1538
project construction fund.	1539

Sec. 133.07. (A) A county shall not incur, without a vote of	1540
the electors, either of the following:	1541

(1) Net indebtedness for all purposes that exceeds an amount	1542
equal to one per cent of its tax valuation;	1543

(2) Net indebtedness for the purpose of paying the county's	1544
share of the cost of the construction, improvement, maintenance,	1545
or repair of state highways that exceeds an amount equal to	1546
one-half of one per cent of its tax valuation.	1547

(B) A county shall not incur total net indebtedness that	1548
exceeds an amount equal to one of the following limitations that	1549
applies to the county:	1550

(1) A county with a valuation not exceeding one hundred	1551
million dollars, three per cent of that tax valuation;	1552

(2) A county with a tax valuation exceeding one hundred	1553
million dollars but not exceeding three hundred million dollars,	1554
three million dollars plus one and one-half per cent of that tax	1555
valuation in excess of one hundred million dollars;	1556

(3) A county with a tax valuation exceeding three hundred	1557
million dollars, six million dollars plus two and one-half per	1558
cent of that tax valuation in excess of three hundred million	1559
dollars.	1560

(C) In calculating the net indebtedness of a county, none of	1561
the following securities shall be considered:	1562

(1) Securities described in section 307.201 of the Revised	1563
Code;	1564

(2) Self-supporting securities issued for any purposes,	1565
including, but not limited to, any of the following general	1566
purposes:	1567

(a) Water systems or facilities;

1568

(b) Sanitary sewerage systems or facilities, or surface and	1569
storm water drainage and sewerage systems or facilities, or a	1570
combination of those systems or facilities;	1571

(c) County or joint county scrap tire collection, storage,	1572
monocell, monofill, or recovery facilities, or any combination of	1573
those facilities;	1574

(d) Off-street parking lots, facilities, or buildings, or	1575
on-street parking facilities, or any combination of off-street and	1576
on-street parking facilities;	1577

(e) Facilities for the care or treatment of the sick or	1578
infirm, and for housing the persons providing that care or	1579
treatment and their families;	1580

(f) Recreational, sports, convention, auditorium, museum,	1581
trade show, and other public attraction facilities;	1582

(g) Facilities for natural resources exploration,	1583
development, recovery, use, and sale;	1584

(h) Correctional and detention facilities and related	1585
rehabilitation facilities.	1586

(3) Securities issued for the purpose of purchasing,	1587
constructing, improving, or extending water or sanitary or surface	1588
and storm water sewerage systems or facilities, or a combination	1589
of those systems or facilities, to the extent that an agreement	1590
entered into with another subdivision requires the other	1591
subdivision to pay to the county amounts equivalent to debt	1592
charges on the securities;	1593

(4) Voted general obligation securities issued for the	1594
purpose of permanent improvements for sanitary sewerage or water	1595
systems or facilities to the extent that the total principal	1596
amount of voted securities outstanding for the purpose does not	1597
exceed an amount equal to two per cent of the county's tax	1598
valuation;	1599

(5) Securities issued for permanent improvements to house	1600
agencies, departments, boards, or commissions of the county or of	1601
any municipal corporation located, in whole or in part, in the	1602
county, to the extent that the revenues, other than revenues from	1603
unvoted county property taxes, derived from leases or other	1604
agreements between the county and those agencies, departments,	1605
boards, commissions, or municipal corporations relating to the use	1606
of the permanent improvements are sufficient to cover the cost of	1607
all operating expenses of the permanent improvements paid by the	1608
county and debt charges on the securities;	1609

(6) Securities issued pursuant to section 133.08 of the	1610
Revised Code;	1611

(7) Securities issued for the purpose of acquiring or	1612
constructing roads, highways, bridges, or viaducts, for the	1613
purpose of acquiring or making other highway permanent	1614
improvements, or for the purpose of procuring and maintaining	1615
computer systems for the office of the clerk of any	1616
county-operated municipal court, for the office of the clerk of	1617
the court of common pleas, or for the office of the clerk of the	1618
probate, juvenile, or domestic relations division of the court of	1619
common pleas to the extent that the legislation authorizing the	1620
issuance of the securities includes a covenant to appropriate from	1621
moneys distributed to the county pursuant to division (B) of	1622
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	1623
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	1624
sufficient amount to cover debt charges on and financing costs	1625
relating to the securities as they become due;	1626

(8) Securities issued for the purpose of acquiring,	1627
constructing, improving, and equipping a county, multicounty, or	1628
multicounty-municipal jail, workhouse, juvenile detention	1629
facility, or correctional facility;	1630

(9) Securities issued for the acquisition, construction,	1631
equipping, or repair of any permanent improvement or any class or	1632
group of permanent improvements enumerated in a resolution adopted	1633
pursuant to division (D) of section 5739.026 of the Revised Code	1634
to the extent that the legislation authorizing the issuance of the	1635
securities includes a covenant to appropriate from moneys received	1636
from the taxes authorized under section 5739.023 and division	1637
(A)(5) of section 5739.026 of the Revised Code an amount	1638
sufficient to pay debt charges on the securities and those moneys	1639
shall be pledged for that purpose;	1640

(10) Securities issued for county or joint county solid waste	1641
or hazardous waste collection, transfer, or disposal facilities,	1642
or resource recovery and solid or hazardous waste recycling	1643
facilities, or any combination of those facilities;	1644

(11) Securities issued for the acquisition, construction, and	1645
equipping of a port authority educational and cultural facility	1646
under section 307.671 of the Revised Code;	1647

(12) Securities issued for the acquisition, construction,	1648
equipping, and improving of a municipal educational and cultural	1649
facility under division (B)(1) of section 307.672 of the Revised	1650
Code;	1651

(13) Securities issued for energy conservation measures under	1652
section 307.041 of the Revised Code;	1653

(14) Securities issued for the acquisition, construction,	1654
equipping, improving, or repair of a sports facility, including	1655
obligations issued to pay costs of a sports facility under section	1656
307.673 of the Revised Code;	1657

(15) Securities issued under section 755.17 of the Revised	1658
Code if the legislation authorizing issuance of the securities	1659
includes a covenant to appropriate from revenue received from a	1660
tax authorized under division (A)(5) of section 5739.026 and	1661
section 5741.023 of the Revised Code an amount sufficient to pay	1662
debt charges on the securities, and the board of county	1663
commissioners pledges that revenue for that purpose, pursuant to	1664
section 755.171 of the Revised Code;	1665

(16) Sales tax supported bonds issued pursuant to section	1666
133.081 of the Revised Code for the purpose of acquiring,	1667
constructing, improving, or equipping any permanent improvement to	1668
the extent that the legislation authorizing the issuance of the	1669
sales tax supported bonds pledges county sales taxes to the	1670
payment of debt charges on the sales tax supported bonds and	1671
contains a covenant to appropriate from county sales taxes a	1672
sufficient amount to cover debt charges or the financing costs	1673
related to the sales tax supported bonds as they become due;	1674

(17) Bonds or notes issued under section 133.60 of the	1675
Revised Code if the legislation authorizing issuance of the bonds	1676
or notes includes a covenant to appropriate from revenue received	1677
from a tax authorized under division (A)(9) of section 5739.026	1678
and section 5741.023 of the Revised Code an amount sufficient to	1679
pay the debt charges on the bonds or notes, and the board of	1680
county commissioners pledges that revenue for that purpose;	1681

(18) Securities issued under section 3707.55 of the Revised	1682
Code for the acquisition of real property by a general health	1683
district;	1684

(19) Securities issued under division (A)(3) of section	1685
3313.37 of the Revised Code for the acquisition of real and	1686
personal property by an educational service center;	1687

(20) Securities issued for the purpose of paying the costs of	1688
acquiring, constructing, reconstructing, renovating,	1689
rehabilitating, expanding, adding to, equipping, furnishing, or	1690
otherwise improving an arena, convention center, or a combination	1691
of an arena and convention center under section 307.695 of the	1692
Revised Code;	1693

(21) Securities issued for the purpose of paying project	1694
costs under section 307.678 of the Revised Code.	1695

(D) In calculating the net indebtedness of a county, no	1696
obligation incurred under division (F) of section 339.06 of the	1697
Revised Code shall be considered.	1698

Sec. 135.143. (A) The treasurer of state may invest or	1699
execute transactions for any part or all of the interim funds of	1700
the state in the following classifications of obligations:	1701

(1) United States treasury bills, notes, bonds, or any other	1702
obligations or securities issued by the United States treasury or	1703
any other obligation guaranteed as to principal and interest by	1704
the United States;	1705

(2) Bonds, notes, debentures, or any other obligations or	1706
securities issued by any federal government agency or	1707
instrumentality;	1708

(3) Bonds and other direct obligations of the state of Ohio	1709
issued by the treasurer of state and of the Ohio public facilities	1710
commission, the Ohio building authority, and the Ohio housing	1711
finance agency;	1712

(4)(a) Written repurchase agreements with any eligible Ohio	1713
financial institution that is a member of the federal reserve	1714
system or federal home loan bank or any recognized United States	1715
government securities dealer, under the terms of which agreement	1716
the treasurer of state purchases and the eligible financial	1717
institution or dealer agrees unconditionally to repurchase any of	1718
the securities that are listed in division (A)(1), (2), or (6) of	1719
this section and that will mature or are redeemable within ten	1720
years from the date of purchase. The market value of securities	1721
subject to these transactions must exceed the principal value of	1722
the repurchase agreement by an amount specified by the treasurer	1723
of state, and the securities must be delivered into the custody of	1724
the treasurer of state or the qualified trustee or agent	1725
designated by the treasurer of state. The agreement shall contain	1726
the requirement that for each transaction pursuant to the	1727
agreement, the participating institution or dealer shall provide	1728
all of the following information:	1729

(i) The par value of the securities;

1730

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

1731

(iii) A numerical identifier generally accepted in the	1732
securities industry that designates the securities.	1733

(b) The treasurer of state also may sell any securities,	1734
listed in division (A)(1), (2), or (6) of this section, regardless	1735
of maturity or time of redemption of the securities, under the	1736
same terms and conditions for repurchase, provided that the	1737
securities have been fully paid for and are owned by the treasurer	1738
of state at the time of the sale.	1739

(5) Securities lending agreements with any eligible financial	1740
institution that is a member of the federal reserve system or	1741
federal home loan bank or any recognized United States government	1742
securities dealer, under the terms of which agreements the	1743
treasurer of state lends securities and the eligible financial	1744
institution or dealer agrees to simultaneously exchange similar	1745
securities or cash, equal value for equal value.	1746

Securities and cash received as collateral for a securities	1747
lending agreement are not interim funds of the state. The	1748
investment of cash collateral received pursuant to a securities	1749
lending agreement may be invested only in such instruments	1750
specified by the treasurer of state in accordance with a written	1751
investment policy.	1752

(6) Various forms of commercial paper issued by any	1753
corporation that is incorporated under the laws of the United	1754
States or a state, which notes are rated at the time of purchase	1755
in the two highest categories by two nationally recognized rating	1756
agencies, provided that the total amount invested under this	1757
section in any commercial paper at any time shall not exceed	1758
twenty-five per cent of the state's total average portfolio, as	1759
determined and calculated by the treasurer of state;	1760

(7) Bankers acceptances, maturing in two hundred seventy days	1761
or less, which are eligible for purchase by the federal reserve	1762
system, provided that the total amount invested in bankers	1763
acceptances at any time shall not exceed ten per cent of the	1764
state's total average portfolio, as determined and calculated by	1765
the treasurer of state;	1766

(8) Certificates of deposit in eligible institutions applying	1767
for interim moneys as provided in section 135.08 of the Revised	1768
Code, including linked deposits as provided in sections 135.61 to	1769
135.67 of the Revised Code, agricultural linked deposits as	1770
provided in sections 135.71 to 135.76 of the Revised Code, and	1771
housing linked deposits as provided in sections 135.81 to 135.87	1772
of the Revised Code;	1773

(9) The state treasurer's investment pool authorized under	1774
section 135.45 of the Revised Code;	1775

(10) Debt interests, other than commercial paper described in	1776
division (A)(6) of this section, rated at the time of purchase in	1777
the three highest categories by two nationally recognized rating	1778
agencies and issued by corporations that are incorporated under	1779
the laws of the United States or a state, or issued by foreign	1780
nations diplomatically recognized by the United States government,	1781
or any instrument based on, derived from, or related to such	1782
interests, provided that:	1783

(a) The investments in debt interests shall not exceed in the	1784
aggregate twenty-five per cent of the state's portfolio;	1785

(b) The investments in debt interests issued by foreign	1786
nations shall not exceed in the aggregate one per cent of the	1787
state's portfolio;	1788

(c) The investments in the debt interests of a single issuer	1789
shall not exceed in the aggregate one-half of one per cent of the	1790
state's portfolio, except that debt interests of a single issuer	1791
that is a foreign nation shall not exceed in the aggregate one per	1792
cent of the state's portfolio.	1793

The treasurer of state shall invest under division (A)(10) of	1794
this section in a debt interest issued by a foreign nation only if	1795
the debt interest is backed by the full faith and credit of that	1796
foreign nation, and provided that all interest and principal shall	1797
be denominated and payable in United States funds.	1798

For purposes of division (A)(10) of this section, a debt	1799
interest is rated in the three highest categories by two	1800
nationally recognized rating agencies if either the debt interest	1801
itself or the issuer of the debt interest is rated, or is	1802
implicitly rated, at the time of purchase in the three highest	1803
categories by two nationally recognized rating agencies.	1804

For purposes of division (A)(10) of this section, the	1805
"state's portfolio" means the state's total average portfolio, as	1806
determined and calculated by the treasurer of state.	1807

(11) No-load money market mutual funds consisting exclusively	1808
of obligations described in division (A)(1), (2), or (6) of this	1809
section and repurchase agreements secured by such obligations.	1810

(12) Obligations of a political subdivision issued under	1811
Chapter 133. of the Revised Code and identified in an agreement	1812
described in division (G) of this section.	1813

(B) Whenever, during a period of designation, the treasurer	1814
of state classifies public moneys as interim moneys, the treasurer	1815
of state shall notify the state board of deposit of such action.	1816
The notification shall be given within thirty days after such	1817
classification and, in the event the state board of deposit does	1818
not concur in such classification or in the investments or	1819
deposits made under this section, the board may order the	1820
treasurer of state to sell or liquidate any of the investments or	1821
deposits, and any such order shall specifically describe the	1822
investments or deposits and fix the date upon which they are to be	1823
sold or liquidated. Investments or deposits so ordered to be sold	1824
or liquidated shall be sold or liquidated for cash by the	1825
treasurer of state on the date fixed in such order at the then	1826
current market price. Neither the treasurer of state nor the	1827
members of the state board of deposit shall be held accountable	1828
for any loss occasioned by sales or liquidations of investments or	1829
deposits at prices lower than their cost. Any loss or expense	1830
incurred in making these sales or liquidations is payable as other	1831
expenses of the treasurer's office.	1832

(C) If any securities or obligations invested in by the	1833
treasurer of state pursuant to this section are registrable either	1834
as to principal or interest, or both, such securities or	1835
obligations shall be registered in the name of the treasurer of	1836
state.	1837

(D) The treasurer of state is responsible for the safekeeping	1838
of all securities or obligations under this section. Any such	1839
securities or obligations may be deposited for safekeeping as	1840
provided in section 113.05 of the Revised Code.	1841

(E) Interest earned on any investments or deposits authorized	1842
by this section shall be collected by the treasurer of state and	1843
credited by the treasurer of state to the proper fund of the	1844
state.	1845

(F) Whenever investments or deposits acquired under this	1846
section mature and become due and payable, the treasurer of state	1847
shall present them for payment according to their tenor, and shall	1848
collect the moneys payable thereon. The moneys so collected shall	1849
be treated as public moneys subject to sections 135.01 to 135.21	1850
of the Revised Code.	1851

(G) The treasurer of state and any political subdivision	1852
issuing obligations referred to in division (A)(12) of this	1853
section, which obligations mature within one year from the	1854
original date of issuance, may enter into an agreement providing	1855
for:	1856

(1) The purchase of those obligations by the treasurer of	1857
state on terms and subject to conditions set forth in the	1858
agreement;	1859

(2) The payment by the political subdivision to the treasurer	1860
of state of a reasonable fee as consideration for the agreement of	1861
the treasurer of state to purchase those obligations; provided,	1862
however, that the treasurer of state shall not be authorized to	1863
enter into any such agreement with a board of education of a	1864
school district that has an outstanding obligation with respect to	1865
a loan received under authority of section 3313.483 of the Revised	1866
Code.	1867

(H) For purposes of division (G) of this section, a fee shall	1868
not be considered reasonable unless it is set to recover only the	1869
direct costs, a reasonable estimate of the indirect costs	1870
associated with the purchasing of obligations of a political	1871
subdivision under division (G) of this section and any reselling	1872
of the obligations or any interest in the obligations, including	1873
interests in a fund comprised of the obligations, and the	1874
administration thereof. No money from the general revenue fund	1875
shall be used to subsidize the purchase or resale of these	1876
obligations.	1877

(I) All money collected by the treasurer of state from the	1878
fee imposed by division (G) of this section shall be deposited to	1879
the credit of the state political subdivision obligations fund,	1880
which is hereby created in the state treasury. Money credited to	1881
the fund shall be used solely to pay the treasurer of state's	1882
direct and indirect costs associated with purchasing and reselling	1883
obligations of a political subdivision under division (G) of this	1884
section.	1885

(J) In addition to the classifications of obligations set	1886
forth in divisions (A)(1) to (12) of this section, the treasurer	1887
of state may purchase obligations that are issued by a political	1888
subdivision relating to an eligible federal-military project	1889
approved by the federal-military jobs commission pursuant to	1890
Chapter 193. of the Revised Code and identified in an agreement	1891
described in division (J) of this section. A political subdivision	1892
and the treasurer of state may enter into an agreement that	1893
provides for the purchase of obligations under this section by the	1894
treasurer of state under the terms and conditions set forth in the	1895
agreement. Pursuant to the terms and conditions of the agreement,	1896
the political subdivision may provide for the payment of a	1897
reasonable fee to the treasurer of state as consideration for the	1898
treasurer of state purchasing the obligations, which shall be	1899
deposited into the state political subdivision obligations fund.	1900
The principal amount of obligations subject to agreements	1901
described in this division shall not exceed two hundred million	1902
dollars at any one time. No money from the general revenue fund	1903
shall be used to subsidize the purchase or resale of these	1904
obligations.	1905

(K) As used in this section, "political subdivision" means	1906
any political subdivision, taxing district, or other local or	1907
regional public body, agency, or instrumentality authorized under	1908
applicable law to issue bonds, notes, or other evidences of	1909
indebtedness, except that, for the purposes of divisions (A)(12),	1910
(G), (H), and (I) of this section, "political subdivision" means a	1911
county, township, municipal corporation, or board of education of	1912
a school district.	1913

Sec. 149.311. (A) As used in this section:

1914

(1) "Historic building" means a building, including its	1915
structural components, that is located in this state and that is	1916
either individually listed on the national register of historic	1917
places under 16 U.S.C. 470a, located in a registered historic	1918
district, and certified by the state historic preservation officer	1919
as being of historic significance to the district, or is	1920
individually listed as an historic landmark designated by a local	1921
government certified under 16 U.S.C. 470a(c).	1922

(2) "Qualified rehabilitation expenditures" means	1923
expenditures paid or incurred during the rehabilitation period,	1924
and before and after that period as determined under 26 U.S.C. 47,	1925
by an owner or qualified lessee of an historic building to	1926
rehabilitate the building. "Qualified rehabilitation expenditures"	1927
includes architectural or engineering fees paid or incurred in	1928
connection with the rehabilitation, and expenses incurred in the	1929
preparation of nomination forms for listing on the national	1930
register of historic places. "Qualified rehabilitation	1931
expenditures" does not include any of the following:	1932

(a) The cost of acquiring, expanding, or enlarging an	1933
historic building;	1934

(b) Expenditures attributable to work done to facilities	1935
related to the building, such as parking lots, sidewalks, and	1936
landscaping;	1937

1938

(3) "Owner" of an historic building means a person holding	1939
the fee simple interest in the building. "Owner" does not include	1940
the state or a state agency, or any political subdivision as	1941
defined in section 9.23 of the Revised Code.	1942

(4) "Qualified lessee" means a person subject to a lease	1943
agreement for an historic building and eligible for the federal	1944
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	1945
does not include the state or a state agency or political	1946
subdivision as defined in section 9.23 of the Revised Code.	1947

(5) "Certificate owner" means the owner or qualified lessee	1948
of an historic building to which a rehabilitation tax credit	1949
certificate was issued under this section.	1950

(6) "Registered historic district" means an historic district	1951
listed in the national register of historic places under 16 U.S.C.	1952
470a, an historic district designated by a local government	1953
certified under 16 U.S.C. 470a(c), or a local historic district	1954
certified under 36 C.F.R. 67.8 and 67.9.	1955

(7) "Rehabilitation" means the process of repairing or	1956
altering an historic building or buildings, making possible an	1957
efficient use while preserving those portions and features of the	1958
building and its site and environment that are significant to its	1959
historic, architectural, and cultural values.	1960

(8) "Rehabilitation period" means one of the following:

1961

(a) If the rehabilitation initially was not planned to be	1962
completed in stages, a period chosen by the owner or qualified	1963
lessee not to exceed twenty-four months during which	1964
rehabilitation occurs;	1965

(b) If the rehabilitation initially was planned to be	1966
completed in stages, a period chosen by the owner or qualified	1967
lessee not to exceed sixty months during which rehabilitation	1968
occurs. Each stage shall be reviewed as a phase of a	1969
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	1970
successor to that section.	1971

(9) "State historic preservation officer" or "officer" means	1972
the state historic preservation officer appointed by the governor	1973
under 16 U.S.C. 470a.	1974

(10) "Catalytic project" means the rehabilitation of an	1975
historic building, the rehabilitation of which will foster	1976
economic development within two thousand five hundred feet of the	1977
historic building.	1978

(B) The owner or qualified lessee of an historic building may	1979
apply to the director of development services for a rehabilitation	1980
tax credit certificate for qualified rehabilitation expenditures	1981
paid or incurred by such owner or qualified lessee after April 4,	1982
2007, for rehabilitation of an historic building. If the owner of	1983
an historic building enters a pass-through agreement with a	1984
qualified lessee for the purposes of the federal rehabilitation	1985
tax credit under 26 U.S.C. 47, the qualified rehabilitation	1986
expenditures paid or incurred by the owner after April 4, 2007,	1987
may be attributed to the qualified lessee.	1988

The form and manner of filing such applications shall be	1989
prescribed by rule of the director. Each application shall state	1990
the amount of qualified rehabilitation expenditures the applicant	1991
estimates will be paid or incurred. The director may require	1992
applicants to furnish documentation of such estimates.	1993

The director, after consultation with the tax commissioner	1994
and in accordance with Chapter 119. of the Revised Code, shall	1995
adopt rules that establish all of the following:	1996

(1) Forms and procedures by which applicants may apply for	1997
rehabilitation tax credit certificates;	1998

(2) Criteria for reviewing, evaluating, and approving	1999
applications for certificates within the limitations under	2000
division (D) of this section, criteria for assuring that the	2001
certificates issued encompass a mixture of high and low qualified	2002
rehabilitation expenditures, and criteria for issuing certificates	2003
under division (C)(3)(b) of this section;	2004

(3) Eligibility requirements for obtaining a certificate	2005
under this section;	2006

(4) The form of rehabilitation tax credit certificates;

2007

(5) Reporting requirements and monitoring procedures;

2008

(6) Procedures and criteria for conducting cost-benefit	2009
analyses of historic buildings that are the subjects of	2010
applications filed under this section. The purpose of a	2011
cost-benefit analysis shall be to determine whether rehabilitation	2012
of the historic building will result in a net revenue gain in	2013
state and local taxes once the building is used.	2014

(7) Any other rules necessary to implement and administer	2015
this section.	2016

(C) The director of development services shall review the	2017
applications with the assistance of the state historic	2018
preservation officer and determine whether all of the following	2019
criteria are met:	2020

(1) That the building that is the subject of the application	2021
is an historic building and the applicant is the owner or	2022
qualified lessee of the building;	2023

(2) That the rehabilitation will satisfy standards prescribed	2024
by the United States secretary of the interior under 16 U.S.C.	2025
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	2026
that section;	2027

(3) That receiving a rehabilitation tax credit certificate	2028
under this section is a major factor in:	2029

(a) The applicant's decision to rehabilitate the historic	2030
building; or	2031

(b) To increase the level of investment in such	2032
rehabilitation.	2033

An applicant shall demonstrate to the satisfaction of the	2034
state historic preservation officer and director of development	2035
services that the rehabilitation will satisfy the standards	2036
described in division (C)(2) of this section before the applicant	2037
begins the physical rehabilitation of the historic building.	2038

(D)(1) If the director of development services determines	2039
that an application meets the criteria in divisions (C)(1), (2),	2040
and (3) of this section, the director shall conduct a cost-benefit	2041
analysis for the historic building that is the subject of the	2042
application to determine whether rehabilitation of the historic	2043
building will result in a net revenue gain in state and local	2044
taxes once the building is used. The director shall consider the	2045
results of the cost-benefit analysis in determining whether to	2046
approve the application. The director shall also consider the	2047
potential economic impact and the regional distributive balance of	2048
the credits throughout the state. The director may approve an	2049
application only after completion of the cost-benefit analysis.	2050

(2) A rehabilitation tax credit certificate shall not be	2051
issued for an amount greater than the estimated amount furnished	2052
by the applicant on the application for such certificate and	2053
approved by the director. The director shall not approve more than	2054
a total of sixty million dollars of rehabilitation tax credits per	2055
fiscal year but the director may reallocate unused tax credits	2056
from a prior fiscal year for new applicants and such reallocated	2057
credits shall not apply toward the dollar limit of this division.	2058

(3) For rehabilitations with a rehabilitation period not	2059
exceeding twenty-four months as provided in division (A)~~(7)~~(8)(a)	2060
of this section, a rehabilitation tax credit certificate shall not	2061
be issued before the rehabilitation of the historic building is	2062
completed.	2063

(4) For rehabilitations with a rehabilitation period not	2064
exceeding sixty months as provided in division (A)~~(7)~~(8)(b) of	2065
this section, a rehabilitation tax credit certificate shall not be	2066
issued before a stage of rehabilitation is completed. After all	2067
stages of rehabilitation are completed, if the director cannot	2068
determine that the criteria in division (C) of this section are	2069
satisfied for all stages of rehabilitations, the director shall	2070
certify this finding to the tax commissioner, and any	2071
rehabilitation tax credits received by the applicant shall be	2072
repaid by the applicant and may be collected by assessment as	2073
unpaid tax by the commissioner.	2074

(5) The director of development services shall require the	2075
applicant to provide a third-party cost certification by a	2076
certified public accountant of the actual costs attributed to the	2077
rehabilitation of the historic building when qualified	2078
rehabilitation expenditures exceed two hundred thousand dollars.	2079

If an applicant whose application is approved for receipt of	2080
a rehabilitation tax credit certificate fails to provide to the	2081
director sufficient evidence of reviewable progress, including a	2082
viable financial plan, copies of final construction drawings, and	2083
evidence that the applicant has obtained all historic approvals	2084
within twelve months after the date the applicant received	2085
notification of approval, and if the applicant fails to provide	2086
evidence to the director that the applicant has secured and closed	2087
on financing for the rehabilitation within eighteen months after	2088
receiving notification of approval, the director may rescind the	2089
approval of the application. The director shall notify the	2090
applicant if the approval has been rescinded. Credits that would	2091
have been available to an applicant whose approval was rescinded	2092
shall be available for other qualified applicants. Nothing in this	2093
division prohibits an applicant whose approval has been rescinded	2094
from submitting a new application for a rehabilitation tax credit	2095
certificate.	2096

(6) The director of development services may approve the	2097
application of, and issue a rehabilitation tax credit certificate	2098
to, the owner of a catalytic project, provided the application	2099
otherwise meets the criteria described in divisions (C) and (D) of	2100
this section. The director may not issue more than one	2101
rehabilitation tax credit certificate under division (D)(6) of	2102
this section during each state fiscal biennium. The director shall	2103
consider the following criteria in determining whether to issue a	2104
certificate under division (D)(6) of this section:	2105

(a) Whether the historic building is a catalytic project;

2106

(b) The effect issuance of the certificate would have on the	2107
availability of credits for other applicants that qualify for a	2108
credit certificate within the credit dollar limit described in	2109
division (D)(2) of this section;	2110

(c) The number of jobs, if any, the catalytic project will	2111
create.	2112

(7)(a) The owner or qualified lessee of a historic building	2113
may apply for a rehabilitation tax credit certificate under both	2114
divisions (B) and (D)(6) of this section. In such a case, the	2115
director of development services shall consider each application	2116
at the time the application is submitted.	2117

(b) The director of development services shall not issue more	2118
than one certificate under this section with respect to the same	2119
qualified rehabilitation expenditures.	2120

(E) Issuance of a certificate represents a finding by the	2121
director of development services of the matters described in	2122
divisions (C)(1), (2), and (3) of this section only; issuance of a	2123
certificate does not represent a verification or certification by	2124
the director of the amount of qualified rehabilitation	2125
expenditures for which a tax credit may be claimed under section	2126
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	2127
Revised Code. The amount of qualified rehabilitation expenditures	2128
for which a tax credit may be claimed is subject to inspection and	2129
examination by the tax commissioner or employees of the	2130
commissioner under section 5703.19 of the Revised Code and any	2131
other applicable law. Upon the issuance of a certificate, the	2132
director shall certify to the tax commissioner, in the form and	2133
manner requested by the tax commissioner, the name of the	2134
applicant, the amount of qualified rehabilitation expenditures	2135
shown on the certificate, and any other information required by	2136
the rules adopted under this section.	2137

(F)(1) On or before the first day of April each year, the	2138
director of development services and tax commissioner jointly	2139
shall submit to the president of the senate and the speaker of the	2140
house of representatives a report on the tax credit program	2141
established under this section and sections 5725.151, 5725.34,	2142
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	2143
report shall present an overview of the program and shall include	2144
information on the number of rehabilitation tax credit	2145
certificates issued under this section during the preceding fiscal	2146
year, an update on the status of each historic building for which	2147
an application was approved under this section, the dollar amount	2148
of the tax credits granted under sections 5725.151, 5725.34,	2149
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	2150
any other information the director and commissioner consider	2151
relevant to the topics addressed in the report.	2152

(2) On or before December 1, 2015, the director of	2153
development services and tax commissioner jointly shall submit to	2154
the president of the senate and the speaker of the house of	2155
representatives a comprehensive report that includes the	2156
information required by division (F)(1) of this section and a	2157
detailed analysis of the effectiveness of issuing tax credits for	2158
rehabilitating historic buildings. The report shall be prepared	2159
with the assistance of an economic research organization jointly	2160
chosen by the director and commissioner.	2161

(G) There is hereby created in the state treasury the	2162
historic rehabilitation tax credit operating fund. The director of	2163
development services is authorized to charge reasonable	2164
application and other fees in connection with the administration	2165
of tax credits authorized by this section and sections 5725.151,	2166
5725.34, 5726.52, 5729.17, ~~5733.44~~5733.47, and 5747.76 of the	2167
Revised Code. Any such fees collected shall be credited to the	2168
fund and used to pay reasonable costs incurred by the department	2169
of development services in administering this section and sections	2170
5725.151, 5725.34, 5726.52, 5729.17, ~~5733.44~~5733.47, and 5747.76	2171
of the Revised Code.	2172

The Ohio historic preservation office is authorized to charge	2173
reasonable fees in connection with its review and approval of	2174
applications under this section. Any such fees collected shall be	2175
credited to the fund and used to pay administrative costs incurred	2176
by the Ohio historic preservation office pursuant to this section.	2177

(H) Notwithstanding sections 5725.151, 5725.34, 5726.52,	2178
5729.17, 5733.47, and 5747.76 of the Revised Code, the certificate	2179
owner of a tax credit certificate issued under division (D)(6) of	2180
this section may claim a tax credit equal to twenty-five per cent	2181
of the dollar amount indicated on the certificate for a total	2182
credit of not more than twenty-five million dollars. The credit	2183
claimed by such a certificate owner for any calendar year, tax	2184
year, or taxable year under section 5725.151, 5725.34, 5726.52,	2185
5729.17, 5733.47, or 5747.76 of the Revised Code shall not exceed	2186
five million dollars. If the certificate owner is eligible for	2187
more than five million dollars in total credits, the certificate	2188
owner may carry forward the balance of the credit in excess of the	2189
amount claimed for that year for not more than five ensuing	2190
calendar years, tax years, or taxable years. If the credit claimed	2191
in any calendar year, tax year, or taxable year exceeds the tax	2192
otherwise due, the excess shall be refunded to the taxpayer.	2193

Sec. 149.38. (A) Except as otherwise provided in section	2194
307.847 of the Revised Code, there is hereby created in each	2195
county a county records commission, composed of a member of the	2196
board of county commissioners as chairperson, the prosecuting	2197
attorney, the auditor, the recorder, and the clerk of the court of	2198
common pleas. The commission shall appoint a secretary, who may or	2199
may not be a member of the commission and who shall serve at the	2200
pleasure of the commission. The commission may employ an archivist	2201
or records manager to serve under its direction. The commission	2202
shall meet at least once every six months and upon the call of the	2203
chairperson.	2204

(B)(1) The functions of the county records commission shall	2205
be to provide rules for retention and disposal of records of the	2206
county, and to review applications for one-time disposal of	2207
obsolete records and schedules of records retention and	2208
disposition submitted by county offices. The commission may	2209
dispose of records pursuant to the procedure outlined in this	2210
section. The commission, at any time, may review any schedule it	2211
has previously approved and, for good cause shown, may revise that	2212
schedule, subject to division (D) of this section.	2213

(2)(a) As used in division (B)(2) of this section, "paper	2214
case records" means written reports of child abuse or neglect,	2215
written records of investigations, or other written records	2216
required to be prepared under section 2151.421, 5101.13, 5153.166,	2217
or 5153.17 of the Revised Code.	2218

(b) A county public children services agency may submit to	2219
the county records commission applications for one-time disposal,	2220
or schedules of records retention and disposition, of paper case	2221
records that have been entered into permanently maintained and	2222
retrievable fields in the state automated child welfare	2223
information system established under section 5101.13 of the	2224
Revised Code or entered into other permanently maintained and	2225
retrievable electronic files. The county records commission may	2226
dispose of the paper case records pursuant to the procedure	2227
outlined in this section.	2228

(C)(1) When the county records commission has approved any	2229
county application for one-time disposal of obsolete records or	2230
any schedule of records retention and disposition, the commission	2231
shall send that application or schedule to the Ohio historical	2232
society for its review. The Ohio historical society shall review	2233
the application or schedule within a period of not more than sixty	2234
days after its receipt of it. During the sixty-day review period,	2235
the Ohio historical society may select for its custody from the	2236
application for one-time disposal of obsolete records any records	2237
it considers to be of continuing historical value, and shall	2238
denote upon any schedule of records retention and disposition any	2239
records for which the Ohio historical society will require a	2240
certificate of records disposal prior to their disposal.	2241

(2) Upon completion of its review, the Ohio historical	2242
society shall forward the application for one-time disposal of	2243
obsolete records or the schedule of records retention and	2244
disposition to the auditor of state for the auditor's approval or	2245
disapproval. The auditor of state shall approve or disapprove the	2246
application or schedule within a period of not more than sixty	2247
days after receipt of it.	2248

(3) Before public records are to be disposed of pursuant to	2249
an approved schedule of records retention and disposition, the	2250
county records commission shall inform the Ohio historical society	2251
of the disposal through the submission of a certificate of records	2252
disposal for only the records required by the schedule to be	2253
disposed of and shall give the society the opportunity for a	2254
period of fifteen business days to select for its custody those	2255
records, from the certificate submitted, that it considers to be	2256
of continuing historical value. Upon the expiration of the	2257
fifteen-business-day period, the county records commission also	2258
shall notify the public libraries, county historical society,	2259
state universities, and other public or quasi-public institutions,	2260
agencies, or corporations in the county that have provided the	2261
commission with their name and address for these notification	2262
purposes, that the commission has informed the Ohio historical	2263
society of the records disposal and that the notified entities,	2264
upon written agreement with the Ohio historical society pursuant	2265
to section 149.31 of the Revised Code, may select records of	2266
continuing historical value, including records that may be	2267
distributed to any of the notified entities under section 149.31	2268
of the Revised Code. Any notified entity that notifies the county	2269
records commission of its intent to review and select records of	2270
continuing historical value from certificates of records disposal	2271
is responsible for the cost of any notice given and for the	2272
transportation of those records.	2273

(D) The rules of the county records commission shall include	2274
a rule that requires any receipts, checks, vouchers, or other	2275
similar records pertaining to expenditures from the delinquent tax	2276
and assessment collection fund created in section 321.261 of the	2277
Revised Code, from the real estate assessment fund created in	2278
section 325.31 of the Revised Code, or from amounts allocated for	2279
the furtherance of justice to the county sheriff under section	2280
325.071 of the Revised Code or to the prosecuting attorney under	2281
section 325.12 of the Revised Code to be retained for at least	2282
four years.	2283

(E) No person shall knowingly violate the rule adopted under	2284
division (D) of this section. Whoever violates that rule is guilty	2285
of a misdemeanor of the first degree.	2286

Sec. 153.56. (A) Any person to whom any money is due for	2287
labor or work performed or materials furnished in a public	2288
improvement as provided in section 153.54 of the Revised Code, at	2289
any time after performing the labor or work or furnishing the	2290
materials, but not later than ninety days after the completion of	2291
the contract by the principal contractor or design-build firm and	2292
the acceptance of the public improvement for which the bond was	2293
provided by the duly authorized board or officer, shall furnish	2294
the sureties on the bond, a statement of the amount due to the	2295
person.	2296

(B) A suit shall not be brought against sureties on the bond	2297
until after sixty days after the furnishing of the statement	2298
described in division (A) of this section. If the indebtedness is	2299
not paid in full at the expiration of that sixty days, and if the	2300
person complies with division (C) of this section, the person may	2301
bring an action in the person's own name upon the bond, as	2302
provided in sections 2307.06 and 2307.07 of the Revised Code, that	2303
action to be commenced, notwithstanding section 2305.12 of the	2304
Revised Code, not later than one year from the date of acceptance	2305
of the public improvement for which the bond was provided.	2306

(C) To exercise rights under this section, a subcontractor or	2307
materials supplier supplying labor or materials that cost more	2308
than thirty thousand dollars, who is not in direct privity of	2309
contract with the principal contractor or design-build firm for	2310
the public improvement, shall serve a notice of furnishing upon	2311
the principal contractor or design-build firm in the form provided	2312
in section 1311.261 of the Revised Code.	2313

(D) A subcontractor or materials supplier who serves a notice	2314
of furnishing under division (C) of this section as required to	2315
exercise rights under this section has the right of recovery only	2316
as to amounts owed for labor and work performed and materials	2317
furnished during and after the twenty-one days immediately	2318
preceding service of the notice of furnishing.	2319

(E) For purposes of this section:

2320

(1) "Design-build firm" has the same meaning as in section	2321
153.65 of the Revised Code.	2322

(2) "Principal contractor" has the same meaning as in section	2323
1311.25 of the Revised Code, and may include a ~~"construction~~	2324
~~manager" and a~~ "construction manager at risk" as defined in	2325
section 9.33 of the Revised Code.	2326

Sec. 156.03. (A) If the executive director of the Ohio	2327
facilities construction commission wishes to enter into an	2328
installment payment contract pursuant to section 156.04 of the	2329
Revised Code or any other contract to implement one or more energy	2330
or water saving measures, the executive director may proceed under	2331
Chapter 153. of the Revised Code, or, alternatively, the executive	2332
director may request the controlling board to exempt the contract	2333
from Chapter 153. of the Revised Code.	2334

A surety bond furnished pursuant to section 153.54 of the	2335
Revised Code shall not secure obligations related to energy or	2336
water savings as referenced in division (D) of this section.	2337

If the controlling board by a majority vote approves an	2338
exemption, that chapter shall not apply to the contract and	2339
instead the executive director shall request proposals from at	2340
least three parties for the implementation of the energy or water	2341
saving measures. Prior to providing any interested party a copy of	2342
any such request, the executive director shall advertise, in a	2343
newspaper of general circulation in the county where the contract	2344
is to be performed, and may advertise by electronic means pursuant	2345
to rules adopted by the executive director, the executive	2346
director's intent to request proposals for the implementation of	2347
the energy or water saving measures. The notice shall invite	2348
interested parties to submit proposals for consideration and shall	2349
be published at least thirty days prior to the date for accepting	2350
proposals.	2351

(B) Upon receiving the proposals, the executive director	2352
shall analyze them and, after considering the cost estimates of	2353
each proposal and the availability of funds to pay for each with	2354
current appropriations or by financing the cost of each through an	2355
installment payment contract under section 156.04 of the Revised	2356
Code, may select one or more proposals or reject all proposals. In	2357
selecting proposals, the executive director shall select the one	2358
or more proposals most likely to result in the greatest energy,	2359
water, or wastewater savings, operating costs savings, and avoided	2360
capital costs created.	2361

(C) No contract shall be awarded to implement energy or water	2362
saving measures under this section, unless the executive director	2363
finds that both of the following circumstances exists:	2364

(1) Not less than one-fifteenth of the costs of the contract	2365
shall be paid within two years from the date of purchase;	2366

(2) In the case of a contract for a cogeneration system	2367
described in division (B)(8) of section 156.01 of the Revised	2368
Code, the remaining balance of the cost of the contract shall be	2369
paid within twenty years from the date of purchase, and, in the	2370
case of all other contracts, fifteen years.	2371

(D) If the executive director determines that a surety bond	2372
is necessary to secure energy or water savings guaranteed in the	2373
contract, the energy services company shall provide a surety bond	2374
that satisfies all of the following requirements:	2375

(1) The penal sum of the surety bond for the first guarantee	2376
year shall equal the amount of savings included in the annual	2377
guaranteed savings amount that is measured and calculated in	2378
accordance with the measurement and verification plan included in	2379
the contract, but may not include savings that are not measured or	2380
that are stipulated in the contract. The annual guaranteed savings	2381
amount shall include only the savings guaranteed in the contract	2382
for the one-year term that begins on the first day of the first	2383
savings guarantee year and may not include amounts from subsequent	2384
years.	2385

(2) The surety bond shall have a term of not more than one	2386
year unless renewed. At the option of the executive director, the	2387
surety bond may be renewed for one or two additional terms, each	2388
term not to exceed one year. The surety bond may not be renewed or	2389
extended so that it is in effect for more than three consecutive	2390
years.	2391

In the event of a renewal, the penal sum of the surety bond	2392
for each renewed year shall be revised so that the penal sum	2393
equals the annual guaranteed savings amount for such renewal year	2394
that is measured and calculated in accordance with the measurement	2395
and verification plan included in the contract, but may not	2396
include savings that are not measured or that are stipulated in	2397
the contract. Regardless of the number of renewals of the bond,	2398
the aggregate liability under each renewed bond may not exceed the	2399
penal sum stated in the renewal certificate for the applicable	2400
renewal year.	2401

(3) The surety bond for the first year shall be issued within	2402
thirty days of the commencement of the first savings guarantee	2403
year under the contract.	2404

In the event of renewal, the surety shall deliver to the	2405
executive director a renewal certificate reflecting the revised	2406
penal sum within thirty days of the executive director's request.	2407
The executive director shall deliver the request for renewal not	2408
less than thirty days prior to the expiration date of the surety	2409
bond then in existence.	2410

Sec. 163.15. (A) As soon as the agency pays to the party	2411
entitled thereto or deposits with the court the amount of the	2412
award and the costs assessed against the agency, it may take	2413
possession; provided, that this shall not be construed to limit	2414
the right of a public agency to enter and take possession, as	2415
provided in section 163.06 of the Revised Code. When the agency is	2416
entitled to possession the court shall enter an order to such	2417
effect upon the record and, if necessary, process shall be issued	2418
to place the agency in possession. Whenever a final journal entry	2419
in an appropriation proceeding, granting to this state a fee title	2420
or any lesser estate or interest in real property is filed and	2421
journalized by the clerk of courts, the clerk of courts shall	2422
forthwith transmit to the county auditor a certified copy of said	2423
final journal entry who shall transfer the property on the	2424
auditor's books and transmit said entry with proper endorsement to	2425
the county recorder for recording. The costs of filing such final	2426
journal entry with the county auditor and the county recorder	2427
shall be taxed as costs in the appropriation proceedings the same	2428
as other costs are taxed under section 163.16 of the Revised Code.	2429

(B)(1) Whenever the appropriation of real property requires	2430
the owner, a commercial tenant, or a residential tenant identified	2431
by the owner in a notice filed with the court to move or relocate,	2432
the agency shall make a payment to that person, upon proper	2433
application as approved by the agency, for all of the following:	2434

(a) Actual reasonable expenses in moving the person and the	2435
person's family, business, farm operation, or other personal	2436
property;	2437

(b) Actual direct losses of tangible personal property as a	2438
result of moving or discontinuing a business or farm operation,	2439
but not to exceed an amount equal to the reasonable expenses that	2440
would have been required to relocate such property, as determined	2441
by the agency;	2442

(c) Actual reasonable expenses in searching for a replacement	2443
business or farm, but not to exceed two thousand five hundred	2444
dollars;	2445

(d) Actual and reasonable expenses necessary to reestablish a	2446
farm, nonprofit organization, or small business at its new site,	2447
but not to exceed ~~ten~~twenty-five thousand dollars.	2448

(2) If the agency does not approve a payment for which the	2449
owner applied under division (B)(1) of this section, the trier of	2450
fact, upon presentation of proof, shall determine whether to award	2451
a payment for the expenses described in division (B)(1) of this	2452
section and the amount of any award. The owner shall have the	2453
burden of proof with respect to those expenses.	2454

(3)(a) In addition to any payments an owner of a business may	2455
receive under division (B)(1) of this section, an owner of a	2456
business who is required by an appropriation of real property to	2457
relocate the business may recover damages for the owner's actual	2458
economic loss resulting from the appropriation, as proven by the	2459
owner by a preponderance of the evidence. Compensation for actual	2460
economic loss under this division shall not include any attorney's	2461
fees and shall not duplicate any amount awarded as compensation	2462
under this chapter.	2463

(b) The amount of compensation awarded under division	2464
(B)(3)(a) of this section shall not exceed twelve months net	2465
profit of the business on an annualized basis. Except as otherwise	2466
provided in division (B)(3)(c) of this section, if the agency is	2467
appropriating property in time of war or other public exigency	2468
imperatively requiring its immediate seizure, for the purpose of	2469
making or repairing roads that shall be open to the public without	2470
charge, for the purpose of implementing rail service under Chapter	2471
4981. of the Revised Code, or under section 307.08, 504.19,	2472
6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the	2473
result of a public exigency, or the agency is a municipal	2474
corporation that is appropriating property as a result of a public	2475
exigency, the period for which the net profit of the business is	2476
calculated shall be twelve months minus the time period from the	2477
date the agency gives the notice required by section 163.04 of the	2478
Revised Code to the date the agency deposits the value of the	2479
property with the court pursuant to section 163.06 of the Revised	2480
Code or pays that amount to the owner, but in no event shall the	2481
compensation time period be less than fifteen days. If the period	2482
on which the loss is calculated is reduced to fifteen days and the	2483
relocation is unusually complex, the owner may request the agency	2484
to increase that period by up to fifteen additional days. If the	2485
agency fails to pay the compensation as provided under division	2486
(B)(3)(a) of this section or denies the request, the owner may	2487
seek an award of such compensation pursuant to this section.	2488

(c) In case of an act of God or other public exigency that	2489
requires an immediate taking of property to protect public health	2490
or safety or in case of a voluntary conveyance, the amount of	2491
compensation awarded under division (B)(3)(a) of this section	2492
shall not exceed fifteen days net profit of the business on an	2493
annualized basis. The owner may request the agency to increase	2494
that period by up to fifteen additional days. If the agency fails	2495
to pay the compensation as provided under division (B)(3)(a) of	2496
this section or denies the request, the owner may seek an award of	2497
such compensation pursuant to this section.	2498

Sec. 163.53. (A) Whenever the acquisition of real property	2499
for a program or project undertaken by a displacing agency will	2500
result in the displacement of any person, the head of the agency	2501
shall make a payment to any displaced person, upon proper	2502
application as approved by such agency head, for all of the	2503
following:	2504

(1) Actual reasonable expenses in moving the person, the	2505
person's family, business, farm operation, or other personal	2506
property;	2507

(2) Actual direct losses of tangible personal property as a	2508
result of moving or discontinuing a business or farm operation,	2509
but not to exceed an amount equal to the reasonable expenses that	2510
would have been required to relocate such property, as determined	2511
by the head of the displacing agency;	2512

(3) Actual reasonable expenses in searching for a replacement	2513
business or farm, but not to exceed two thousand five hundred	2514
dollars;	2515

(4) Actual and reasonable expenses necessary to reestablish a	2516
displaced farm, nonprofit organization, or small business at its	2517
new site, but not to exceed ~~ten~~twenty-five thousand dollars.	2518

(B) Any displaced person eligible for payments under division	2519
(A) of this section who is displaced from a dwelling and who	2520
elects to accept the payments authorized by this division in lieu	2521
of the payments authorized by division (A) of this section may	2522
receive an expense and dislocation allowance, determined according	2523
to a schedule established by the head of the displacing agency.	2524

(C) Any displaced person eligible for payments under division	2525
(A) of this section who is displaced from the person's place of	2526
business or from the person's farm operation may qualify for the	2527
payment authorized by this division in lieu of the payment	2528
authorized by division (A) of this section. The payment authorized	2529
by this division shall consist of a fixed payment in an amount to	2530
be determined according to criteria established by the head of the	2531
lead agency, except that such payment shall be not less than one	2532
thousand dollars nor more than ~~twenty~~forty thousand dollars. A	2533
person whose sole business at the displacement dwelling is the	2534
rental of such property to others does not qualify for a payment	2535
under this division.	2536

(D)(1) Except as provided in section 5501.51 of the Revised	2537
Code, if a program or project undertaken by a displacing agency	2538
results in the relocation of a utility facility, and the purpose	2539
of the program or project was not to relocate or reconstruct any	2540
utility facility; and if the owner of the utility facility which	2541
is being relocated under such program or project has entered into	2542
a franchise or similar agreement with the state or local	2543
government on whose property, easement, or right-of-way such	2544
facility is located with respect to the use of such property,	2545
easement, or right-of-way; and if the relocation of such facility	2546
results in such owner incurring an extraordinary cost in	2547
connection with such relocation; then the displacing agency may,	2548
in accordance with such rules as the head of the lead agency may	2549
adopt, provide to such owner a relocation payment which may not	2550
exceed the amount of such extraordinary cost, less any increase in	2551
the value of the new utility facility above the value of the old	2552
utility facility, and less any salvage value derived from the old	2553
utility facility.	2554

(2) As used in division (D) of this section:

2555

(a) "Extraordinary cost in connection with a relocation"	2556
means any cost incurred by the owner of a utility facility in	2557
connection with relocation of such facility that is determined by	2558
the head of the displacing agency, under such rules as the head of	2559
the lead agency shall adopt, to be a nonroutine relocation	2560
expense, to be a cost that owner ordinarily does not include in	2561
its annual budget as an expense of operation, and to meet such	2562
other requirements as the lead agency may prescribe in such rules.	2563

(b) "Utility facility" means any electric, gas, water, steam	2564
power, or materials transmission or distribution system; any	2565
transportation system; any communications system, including cable	2566
television; and any fixture, equipment, or other property	2567
associated with the operation, maintenance, or repair of any such	2568
system; which is located on property owned by a state or local	2569
government or over which a state or local government has an	2570
easement or right-of-way. A utility facility may be publicly,	2571
privately, or cooperatively owned.	2572

Sec. 163.54. (A) In addition to payments otherwise	2573
authorized by sections 163.51 to 163.62 of the Revised Code, the	2574
head of the displacing agency shall make an additional payment not	2575
to exceed ~~twenty-two~~thirty-one thousand ~~five hundred~~ dollars to	2576
any displaced person who is displaced from a dwelling actually	2577
owned and occupied by ~~him~~the displaced person for not less than	2578
~~one hundred eighty~~ninety days prior to the initiation of	2579
negotiations for the acquisition of the property. Such additional	2580
payment shall include the following elements:	2581

(1) The amount, if any, which when added to the acquisition	2582
cost of the dwelling acquired by the displacing agency, equals the	2583
reasonable cost of a comparable replacement dwelling.	2584

(2) The amount, if any, which will compensate the displaced	2585
person for any increased interest costs and other debt service	2586
costs which the person is required to pay for financing the	2587
acquisition of a comparable replacement dwelling. This amount	2588
shall be paid only if the dwelling acquired by the displacing	2589
agency was encumbered by a bona fide mortgage which was a valid	2590
lien on the dwelling for not less than ~~one hundred eighty~~ninety	2591
days prior to the initiation of negotiations for the acquisition	2592
of the dwelling.	2593

(3) Reasonable expenses incurred by the displaced person for	2594
evidence of title, recording fees, and other closing costs	2595
incident to the purchase of the replacement dwelling, but not	2596
including prepaid expenses.	2597

(4) A rental assistance payment for a displaced person who is	2598
eligible for a replacement housing payment under this section but	2599
who elects to rent a replacement dwelling. The amount of the	2600
rental assistance payment shall be based on a determination of	2601
market rent for the acquired dwelling compared to a comparable	2602
rental dwelling available on the market in the general area of the	2603
acquired dwelling. The difference, if any, shall be computed in	2604
accordance with division (A) of section 163.55 of the Revised	2605
Code, except the limit of seven thousand two hundred dollars shall	2606
not apply. Under no circumstances shall the rental assistance	2607
payment exceed the amount that the displaced person could have	2608
received under division (A)(1) of this section. A displaced person	2609
who is eligible to receive a replacement housing payment under	2610
this section is not eligible for a down payment assistance payment	2611
described in division (B) of section 163.55 of the Revised Code.	2612

(B) The additional payment authorized by this section shall	2613
be made only to a displaced person who purchases and occupies a	2614
replacement dwelling which is decent, safe, and sanitary not later	2615
than the end of the one-year period beginning on the date on which	2616
hethe displaced person receives from the displacing agency final	2617
payment of all costs of the acquired dwelling, or on the date on	2618
which the displacing agency's obligation under division (B)(3) of	2619
section 163.56 of the Revised Code is met, whichever is later,	2620
except that the displacing agency may extend the period for good	2621
cause. If the period is extended, the payment under this section	2622
shall be based on the costs of relocating the person to a	2623
comparable replacement dwelling within one year after the	2624
displaced person receives from the displacing agency final payment	2625
of all costs of the acquired dwelling.	2626

Sec. 163.55. (A) In addition to amounts otherwise authorized	2627
by sections 163.51 to 163.62 of the Revised Code, the head of a	2628
displacing agency shall make a payment to or for any displaced	2629
person displaced from any dwelling not eligible to receive a	2630
payment under section 163.54 of the Revised Code which dwelling	2631
was actually and lawfully occupied by such displaced person for	2632
not less than ninety days prior to the initiation of negotiations	2633
for acquisition of such dwelling, or in any case in which	2634
displacement is not a direct result of acquisition, not less than	2635
ninety days prior to such other event as the head of the lead	2636
agency shall prescribe. The payment shall consist of the amount	2637
necessary to enable the displaced person to lease or rent for a	2638
period not to exceed forty-two months, a comparable replacement	2639
dwelling, but not to exceed ~~five~~seven thousand two hundred ~~fifty~~	2640
dollars. At the discretion of the head of the displacing agency, a	2641
payment under this division may be made in periodic installments.	2642
Computation of a payment under this division to a low-income	2643
displaced person shall take into account the person's income.	2644

(B) Any person eligible for a payment under division (A) of	2645
this section may elect to apply the payment to a down payment on,	2646
and other incidental expenses pursuant to, the purchase of a	2647
decent, safe, and sanitary replacement dwelling. The person may,	2648
under criteria established by the head of the displacing agency,	2649
be eligible under this division for the maximum payment allowed	2650
under division (A) of this section~~, except that, in the case of a~~	2651
~~displaced home owner who has owned and occupied the displacement~~	2652
~~dwelling for at least ninety days but not more than one hundred~~	2653
~~eighty days immediately prior to the initiation of negotiations~~	2654
~~for the acquisition of such dwelling, the payment shall not exceed~~	2655
~~the payment the person would otherwise have received under section~~	2656
~~163.54 of the Revised Code had the person owned and occupied the~~	2657
~~displacement dwelling one hundred eighty days immediately prior to~~	2658
~~the initiation of the negotiations~~.	2659

Sec. 164.26. (A) The director of the Ohio public works	2660
commission shall establish policies related to the need for	2661
long-term ownership, or long-term control through a lease or the	2662
purchase of an easement, of real property that is the subject of	2663
an application for a grant under sections 164.20 to 164.27 of the	2664
Revised Code and establish requirements for documentation to be	2665
submitted by grant applicants that is necessary for the proper	2666
administration of this division. The policies shall provide for	2667
proper ~~penalties, including~~liquidated damages and grant	2668
repayment, for entities that fail to comply with the long-term	2669
ownership or control requirements established under this division.	2670

The director also shall adopt policies delineating what	2671
constitutes administrative costs for purposes of division (F) of	2672
section 164.27 of the Revised Code.	2673

(B) The Ohio public works commission shall administer	2674
sections 164.20 to 164.27 of the Revised Code and shall exercise	2675
any authority and use any procedures granted or established under	2676
sections 164.02 and 164.05 of the Revised Code that are necessary	2677
for that purpose.	2678

Sec. 164.261. All of the following apply to any repayment of	2679
a grant awarded under sections 164.20 to 164.27 of the Revised	2680
Code:	2681

(A) The Ohio public works commission shall deposit the grant	2682
repayment into the clean Ohio conservation fund created in section	2683
164.27 of the Revised Code.	2684

(B) The commission shall return the grant repayment to the	2685
natural resource assistance council that approved the grant	2686
application.	2687

(C) The grant repayment shall be used for the same purpose as	2688
the grant was originally approved for, as provided in section	2689
164.22 of the Revised Code.	2690

Sec. 173.47. (A) For purposes of publishing the Ohio	2691
long-term care consumer guide, the department of aging shall	2692
conduct or provide for the conduct of an annual customer	2693
satisfaction survey of each long-term care facility. The results	2694
of the surveys may include information obtained from long-term	2695
care facility residents, their families, or both. A survey that is	2696
to include information obtained from nursing facility residents	2697
shall include the questions specified in divisions (C)(7)(a) and	2698
(b) ~~and (18) and (D)(7)(a) and (b)~~ of section 5165.25 of the	2699
Revised Code. A survey that is to include information obtained	2700
from the families of nursing facility residents shall include the	2701
questions specified in divisions (C)(8)(a) and (b) ~~and (19) and~~	2702
~~(D)(8)(a) and (b)~~ of section 5165.25 of the Revised Code.	2703

(B) Each long-term care facility shall cooperate in the	2704
conduct of its annual customer satisfaction survey.	2705

Sec. 175.04. (A) The governor shall appoint a chairperson	2706
from among the members. The agency members shall elect a member as	2707
vice-chairperson. The agency members may appoint other officers,	2708
who need not be members of the agency, as the agency deems	2709
necessary.	2710

(B) Six members of the agency constitute a quorum and the	2711
affirmative vote of six members is necessary for any action the	2712
agency takes. No vacancy in agency membership impairs the right of	2713
a quorum to exercise all of the agency's rights and perform all	2714
the agency's duties. Agency meetings may be held at any place	2715
within the state. Meetings shall comply with section 121.22 of the	2716
Revised Code.	2717

(C) The agency shall maintain accounting records in	2718
accordance with generally accepted accounting principals and other	2719
required accounting standards.	2720

(D) The agency shall develop policies and guidelines for the	2721
administration of its programs and annually shall conduct at least	2722
one public hearing to obtain input from any interested party	2723
regarding the administration of its programs. The hearing shall be	2724
held at a time and place as the agency determines and when a	2725
quorum of the agency is present.	2726

(E) The agency shall appoint committees and subcommittees	2727
comprised of members of the agency to handle matters it deems	2728
appropriate.	2729

(1) The agency shall adopt an annual plan to address this	2730
state's housing needs. The agency shall appoint an annual plan	2731
committee to develop the plan and present it to the agency for	2732
consideration.	2733

(2) The annual plan committee shall select an advisory board	2734
from a list of interested individuals the executive director	2735
provides or on its own recommendation. The advisory board shall	2736
provide input on the plan at committee meetings prior to the	2737
annual public hearing. At the public hearing, the committee shall	2738
discuss advisory board comments. The advisory board may include,	2739
but is not limited to, persons who represent state agencies, local	2740
governments, public corporations, nonprofit organizations,	2741
community development corporations, housing advocacy organizations	2742
for low- and moderate-income persons, realtors, syndicators,	2743
investors, lending institutions as recommended by a statewide	2744
banking organization, and other entities participating in the	2745
agency's programs.	2746

Each agency program that allows for loans to be made to	2747
finance housing for owner occupancy that benefits other than low-	2748
and moderate-income households, or for loans to be made to	2749
individuals under bonds issued pursuant to division (B) of section	2750
175.08 of the Revised Code, shall be presented to the advisory	2751
board and included in the annual plan as approved by the agency	2752
before the program's implementation.	2753

(F) The agency shall prepare an annual financial report	2754
describing its activities during the reporting year and submit	2755
that report in accordance with division (H) of this section and to	2756
the governor, the speaker of the house of representatives, and the	2757
president of the senate within three months after the end of the	2758
reporting year. The report shall include the agency's audited	2759
financial statements, prepared in accordance with generally	2760
accepted accounting principles and appropriate accounting	2761
standards.	2762

(G) The agency shall prepare an annual report of its programs	2763
describing how the programs have met this state's housing needs.	2764
The agency shall submit the report in accordance with division (H)	2765
of this section and to the governor, the speaker of the house of	2766
representatives, and the president of the senate within three	2767
months after the end of the reporting year.	2768

(H)(1) The agency shall submit, within a time frame agreed to	2769
by the agency and the chairs, the annual financial report	2770
described in division (F) of this section and the annual report of	2771
programs described in division (G) of this section to the chairs	2772
of the committees dealing with housing issues in the house of	2773
representatives and the senate.	2774

(2) Within forty-five days of issuance of the annual	2775
financial report, the agency's executive director shall request to	2776
appear in person before the committees described in division	2777
(H)(1) of this section to testify in regard to the financial	2778
report and the report of programs. The testimony shall include	2779
each of the following:	2780

(a) An overview of the annual plan adopted pursuant to	2781
division (E)(1) of this section;	2782

(b) An evaluation of whether the objectives in the annual	2783
plan were met through a comparison of the annual plan with the	2784
annual financial report and report of programs;	2785

(c) A complete listing by award and amount of all business	2786
and contractual relationships in excess of one hundred thousand	2787
dollars between the agency and other entities and organizations	2788
that participated in agency programs during the fiscal year	2789
reported by the agency's annual financial report and report of	2790
programs;	2791

(d) A complete listing by award and amount of the low-income	2792
housing tax credit syndication and direct investor entities for	2793
projects that received tax credit reservations and IRS Form 8609	2794
during the fiscal year.	2795

Sec. 175.05. (A) The Ohio housing finance agency shall do all	2796
of the following related to the agency's operation:	2797

(1) Adopt bylaws for the conduct of its business;

2798

(2) Employ and fix the compensation of anthe executive	2799
director who serves at the pleasure of the agency to administer	2800
the agency's programs and activities. The executive director may	2801
employ and fix the compensation of employees in the unclassified	2802
civil service as necessary to carry out this chapter and may	2803
employ other personnel who are governed by collective bargaining	2804
law and classified under that law. The executive director shall	2805
~~file financial disclosure statements~~carry out all duties as	2806
described in section ~~102.02~~175.053 of the Revised Code.	2807

(3) Establish an operating budget for the agency and	2808
administer funds appropriated for the agency's use;	2809

(4) Notwithstanding any other provision of the Revised Code,	2810
hold all moneys, funds, properties, and assets the agency acquires	2811
or that are directly or indirectly within the agency's control,	2812
including proceeds from the sale of bonds, revenues, and	2813
otherwise, in trust for the purpose of exercising its powers and	2814
carrying out its duties pursuant to this chapter. Notwithstanding	2815
any other provision of the Revised Code other than section 175.051	2816
of the Revised Code, at no time shall the agency's moneys, funds,	2817
properties, or assets be considered public moneys, public funds,	2818
public properties, or public assets or subject to Chapters 131.	2819
and 135. of the Revised Code.	2820

(5) Maintain a principal office and other offices within the	2821
state.	2822

(B) The Ohio housing finance agency may do any of the	2823
following related to the agency's operation:	2824

(1) Except as otherwise provided in section 174.04 of the	2825
Revised Code, determine income limits for low- and moderate-income	2826
persons and establish periodic reviews of income limits. In	2827
determining income limits, the agency shall take into	2828
consideration the amount of income available for housing, family	2829
size, the cost and condition of available housing, ability to pay	2830
the amounts the private market charges for decent, safe, and	2831
sanitary housing without federal subsidy or state assistance, and	2832
the income eligibility standards of federal programs. Income	2833
limits may vary from area to area within the state.	2834

(2) Provide technical information, advice, and assistance	2835
related to obtaining federal and state aid to assist in the	2836
planning, construction, rehabilitation, refinancing, and operation	2837
of housing;	2838

(3) Provide information, assistance, or instruction	2839
concerning agency programs, eligibility requirements, application	2840
procedures, and other related matters;	2841

(4) Procure or require the procurement of insurance and pay	2842
the premium against loss in connection with the agency's	2843
operations, to include the repayment of a loan, in amounts and	2844
from insurers, including the federal government, as the agency	2845
determines;	2846

(5) Contract with, retain, or designate financial	2847
consultants, accountants, and other consultants and independent	2848
contractors, other than attorneys, whom the agency determines are	2849
necessary or appropriate;	2850

(6) Charge, alter, and collect interest and other charges for	2851
program services including, but not limited to, the allocation of	2852
loan funds, the purchase of mortgage loans, and the provision of	2853
services that include processing, inspecting, and monitoring of	2854
housing units financed and the financial records for those units;	2855

(7) Conduct or authorize studies and analyses of housing	2856
needs and conditions to the extent that those activities are not	2857
carried out by other agencies in a manner that is satisfactory for	2858
the agency's needs;	2859

(8)(a) Acquire by gift, purchase, foreclosure, investment, or	2860
other means, and hold, assign, pledge, lease, transfer, or	2861
otherwise dispose of real and personal property or any interest in	2862
that property in the exercise of its powers and the performance of	2863
its duties;	2864

(b) Any instrument by which real property is acquired	2865
pursuant to this section shall identify the state agency that has	2866
the use and benefit of the real property as specified in section	2867
5301.012 of the Revised Code.	2868

(9)(a) Borrow money, receive gifts, grants, loans, or other	2869
assistance from any federal, state, local, or other government	2870
source, including the housing development fund and the housing	2871
trust fund, and enter into contracts in connection with those	2872
sources of assistance;	2873

(b) Receive assistance or contributions from any	2874
nongovernment source to include money, property, labor, or things	2875
of value, to be held, used, and applied only for the purposes for	2876
which the grants and contributions are made and within the	2877
purposes of this chapter.	2878

(10) Sue and be sued in its own name with respect to its	2879
contracts, obligations, and covenants, or the enforcement of this	2880
chapter. Any actions against the agency shall be brought in a	2881
court of competent jurisdiction located in Franklin county, Ohio.	2882

(11) Enter into any contract, commitment, or agreement and	2883
execute any instrument necessary or incidental to the performance	2884
of duties and the execution of powers;	2885

(12) Adopt an official seal;

2886

(13)(a) Contract with any private or government entity to	2887
administer programs for which the agency receives sufficient	2888
revenues for its services or the agency supports with uncommitted	2889
agency resources that pay the agency's operating costs;	2890

(b) Administer state and federal programs for which the	2891
governor designates the agency to act as administrator. The agency	2892
may charge administrative fees to the state, the federal	2893
government, or a program recipient.	2894

(14) Notwithstanding any other provision of the Revised Code,	2895
establish, maintain, administer, and close funds and accounts as	2896
convenient or appropriate to the agency's operations;	2897

(15) Establish a policy to permit the investment of agency	2898
funds in securities and obligations;	2899

(16) Establish rules and procedures that the agency	2900
determines are appropriate to appeal the agency's actions and	2901
decisions;	2902

(17) Serve housing needs in instances that the agency	2903
determines necessary as a public purpose;	2904

(18) Provide coverage for its employees under Chapters 145.,	2905
4123., and 4141. of the Revised Code;	2906

(19) Adopt rules pursuant to Chapter 119. of the Revised	2907
Code;	2908

(20) Do anything necessary or appropriate to exercise the	2909
powers of this chapter and carry out the purposes of this chapter	2910
and Section 14, Article VIII and Section 16, Article VIII, Ohio	2911
Constitution.	2912

(C) The attorney general shall serve as the legal	2913
representative for the Ohio housing finance agency and may appoint	2914
special counsel for that purpose in accordance with section 109.07	2915
of the Revised Code.	2916

Sec. 175.053. The executive director employed by the agency	2917
pursuant to division (A)(2) of section 175.05 of the Revised Code	2918
shall do all of the following:	2919

(A) File financial disclosure statements as described in	2920
section 102.02 of the Revised Code;	2921

(B) Ensure policies and procedures are developed and	2922
maintained for the operation and administration of the agency's	2923
programs and activities that encourage competition and minimize	2924
concentration. Policies and procedures shall address all	2925
applicable requirements described in the Revised Code and federal	2926
regulations.	2927

(C) Provide an update, during the testimony described in	2928
division (H)(2) of section 175.04 of the Revised Code, on any	2929
audits performed during the fiscal year.	2930

Sec. 175.06. (A) The Ohio housing finance agency shall do all	2931
of the following related to carrying out its programs:	2932

(1) Upon the governor's designation, serve as the housing	2933
credit agency for the state and perform all responsibilities of a	2934
housing credit agency pursuant to Section 42 of the Internal	2935
Revenue Code and similar applicable laws;	2936

(2) Require that housing that benefits from the agency's	2937
assistance be available without discrimination in accordance with	2938
Chapter 4112. of the Revised Code and applicable provisions of	2939
federal law;	2940

(3) Demonstrate measurable and objective transparency;

2941

(4) Efficiently award funding to maximize affordable housing	2942
production using cost-effective strategies;	2943

(5) Encourage national equity investment in low-income	2944
housing tax credit projects;	2945

(6) Utilize resources to provide competitive homebuyer	2946
programs to serve low- and moderate-income persons.	2947

(B) The Ohio housing finance agency may do any of the	2948
following related to carrying out its programs:	2949

(1) Issue bonds, provide security for assets, make deposits,	2950
purchase or make loans, provide economic incentives for the	2951
development of housing, and provide financial assistance for	2952
emergency housing;	2953

(2) Serve as a public housing agency and contract with the	2954
United States department of housing and urban development to	2955
administer the department's rent subsidy program, housing subsidy	2956
program, and monitoring programs for low- and moderate-income	2957
persons. The agency shall ensure that any contract into which it	2958
enters provides for sufficient compensation to the agency for its	2959
services.	2960

(3) Develop and administer programs under which the agency	2961
uses moneys from the housing trust fund as allocated by the	2962
department of development to extend financial assistance pursuant	2963
to sections 174.01 to 174.07 of the Revised Code;	2964

(4) Make financial assistance available;

2965

(5) Guarantee and commit to guarantee the repayment of	2966
financing that a lending institution extends for housing,	2967
guaranteeing that debt with any of the agency's reserve funds not	2968
raised by taxation and not otherwise obligated for debt service,	2969
including the housing development fund established pursuant to	2970
section 175.11 of the Revised Code and any fund created under	2971
division (B)(14) of section 175.05 of the Revised Code;	2972

(6) Make, commit to make, and participate in making financial	2973
assistance, including federally insured mortgage loans, available	2974
to finance the construction and rehabilitation of housing or to	2975
refinance existing housing;	2976

(7) Invest in, purchase, and take from lenders the assignment	2977
of notes or other evidence of debt including federally insured	2978
mortgage loans, or participate with lenders in notes and loans for	2979
homeownership, development, or refinancing of housing;	2980

(8) Sell at public or private sale any mortgage or mortgage	2981
backed securities the agency holds;	2982

(9) Issue bonds to carry out the agency's purposes as set	2983
forth in this chapter;	2984

(10) Extend or otherwise make available housing assistance on	2985
terms the agency determines.	2986

(C) The Ohio housing finance agency may issue bonds and	2987
extend financial assistance from any fund the agency administers	2988
for the prompt replacement, repair, or refinancing of damaged	2989
housing if both of the following apply:	2990

(1) The governor declares that a state of emergency exists	2991
with respect to a county, region, or political subdivision of this	2992
state, or declares that a county, region, or political subdivision	2993
has experienced a disaster as defined in section 5502.21 of the	2994
Revised Code.	2995

(2) The agency determines that the emergency or disaster has	2996
substantially damaged or destroyed housing in the area of the	2997
emergency or disaster.	2998

(D) The agency shall establish guidelines for extending	2999
financial assistance for emergency housing. The guidelines shall	3000
include eligibility criteria for assistance and the terms and	3001
conditions under which the agency may extend financial assistance.	3002

Sec. 191.01. As used in this chapter:

3003

(A) "Administrative safeguards," "availability,"	3004
"confidentiality," "integrity," "physical safeguards," and	3005
"technical safeguards" have the same meanings as in 45 C.F.R.	3006
164.304.	3007

(B) "Business associate," "covered entity," "health plan,"	3008
"individually identifiable health information," and "protected	3009
health information" have the same meanings as in 45 C.F.R.	3010
160.103.	3011

(C) "Executive director of the office of health	3012
transformation" or "executive director" means the executive	3013
director of the office of health transformation or the chief	3014
administrative officer of a successor governmental entity	3015
responsible for health system oversight in this state.	3016

(D) "Government program providing public benefits" means any	3017
program administered by a state agency that has been identified,	3018
pursuant to section 191.02 of the Revised Code, by the executive	3019
director of the office of health transformation in consultation	3020
with the individuals specified in that section.	3021

(E) "Office of health transformation" means the office of	3022
health transformation created by executive order 2011-02K.	3023

(F) "Operating protocol" means a protocol adopted by the	3024
executive director of the office of health transformation or the	3025
executive director's designee under division (D) of section 191.06	3026
of the Revised Code.	3027

(G) "Participating agency" means a state agency that	3028
participates in a health transformation initiative as specified in	3029
the one or more operating protocols adopted for the initiative	3030
under division (D) of section 191.06 of the Revised Code.	3031

(H) "Personally identifiable information" means information	3032
that meets both of the following criteria:	3033

(1) It identifies an individual or there is a reasonable	3034
basis to believe that it may be used to identify an individual;	3035

(2) It relates to an individual's eligibility for,	3036
application for, or receipt of public benefits from a government	3037
program providing public benefits.	3038

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

3039

(1) The department of administrative services;

3040

(2) The department of aging;

3041

(3) The development services agency;

3042

(4) The department of developmental disabilities;

3043

(5) The department of education;

3044

(6) The department of health;

3045

(7) The department of insurance;

3046

(8) The department of job and family services;

3047

(9) The department of medicaid;

3048

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

3049

(11) The department of rehabilitation and correction;

3050

(12) The department of taxation;

3051

(13) The department of veterans services;

3052

(14) The department of youth services;

3053

(15) The opportunities for Ohioans with disabilities agency.

3054

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

3055

Sec. 193.01. As used in this chapter:

3056

(A) "Allowable costs" means all or part of the costs of the	3057
following:	3058

(1) Eligible federal-military projects and project	3059
facilities;	3060

(2) Site clearance and preparation;

3061

(3) Supplementing and relocating public capital improvements	3062
or utility facilities;	3063

(4) Estimates of costs and expenses necessary or incident to	3064
determining the feasibility or practicability of assisting an	3065
eligible federal-military project;	3066

(5) Reimbursement of moneys advanced or applied by any	3067
government agency or other person for another allowable cost;	3068

(6) Such other expenses as may be necessary or incidental to	3069
the establishment or development of an eligible federal-military	3070
project.	3071

(B) "Eligible federal-military project" means project	3072
facilities to be acquired, established, constructed, expanded,	3073
remodeled, rehabilitated, or modernized for the improvement,	3074
expansion, and development of federal-military installations and	3075
associated public and private sector investment, the operation of	3076
which, alone, or in conjunction with other investments, will	3077
create new jobs or preserve existing jobs and employment	3078
opportunities and improve the economic welfare of the people of	3079
the state.	3080

(C) "Financial assistance" means agreements, loan guarantees,	3081
and loans under section 193.05 of the Revised Code.	3082

(D) "Governmental action" means any action by a government	3083
agency relating to the establishment, development, or operation of	3084
an eligible federal-military project and project facilities that	3085
the government agency has authority to take or provide for the	3086
purpose under law.	3087

(E) "Government agency" means the following:

3088

(1) The state and any state department, division, commission,	3089
institution, or authority;	3090

(2) A state-wide elected official;

3091

(3) A municipal corporation, county, or township of the	3092
state, or any agency thereof;	3093

(4) Any other political subdivision or public corporation or	3094
the United States or any agency thereof;	3095

(5) Any agency, commission, or authority established pursuant	3096
to an interstate compact or agreement;	3097

(6) Any combination of divisions (E)(1) to (E)(5) of this	3098
section.	3099

(F) "Person" means any individual, firm, partnership,	3100
association, limited liability company, corporation, or government	3101
agency.	3102

(G) "Project facilities" means facilities and other	3103
improvements, and equipment and other property, excluding small	3104
tools, supplies, and inventory, and any one, part of, or	3105
combination of the above, comprising all or part of, or serving or	3106
being incidental to, an eligible federal-military project,	3107
including, but not limited to, public capital improvements.	3108

(H) "Property" means real and personal property and	3109
interests.	3110

(I) "Public capital improvements" means capital improvements	3111
or facilities that any government agency, or any entity that the	3112
agency hires, has authority to acquire, own, maintain, fund, or	3113
operate, including, but not limited to, highways, roads, streets,	3114
water and sewer facilities, railroad and other transportation	3115
facilities, and air and water pollution control and solid waste	3116
disposal facilities.	3117

(J) "Regional economic development entity" means an entity	3118
that is under contract with the federal-military jobs commission	3119
to administer financial assistance under this chapter in a	3120
particular area of this state, or the government agency designated	3121
by the federal-military jobs commission to administer financial	3122
assistance on its behalf under this chapter.	3123

Sec. 193.02. The general assembly finds that the presence	3124
and stability of federal-military installations within the state	3125
creates new jobs or preserves existing jobs and employment	3126
opportunities and improves the economic welfare of the people of	3127
the state and materially contributes to regional economic	3128
stability in the area of their locations. Therefore, it is	3129
declared to be the public policy of the state, through the	3130
operations of this chapter and other applicable laws adopted	3131
pursuant to Section 13 of Article VIII, Ohio Constitution, and	3132
other authority vested in the general assembly, to assist in and	3133
facilitate the establishment or development of eligible	3134
federal-military projects and assist and cooperate with any	3135
government agency in achieving such purpose.	3136

Sec. 193.03. There is hereby created the federal-military	3137
jobs program to be administered by the federal-military jobs	3138
commission established in section 193.04 of the Revised Code. The	3139
program shall enhance, foster, and aid job creation and job	3140
preservation in connection with eligible federal-military projects	3141
in accordance with this chapter. Such assistance would be	3142
available to any person.	3143

Sec. 193.04. (A) There is hereby created the	3144
federal-military jobs commission to develop and maintain an	3145
ongoing strategy for retention and growth of federal-military jobs	3146
and associated private sector jobs in the state. The commission	3147
shall establish criteria for and make available financial	3148
assistance for eligible federal-military projects and take such	3149
other actions as necessary to implement the federal-military jobs	3150
program established in section 193.03 of the Revised Code.	3151

(B) The commission shall consist of the following members:

3152

(1) Three members appointed by the president of the senate,	3153
one of which is recommended by the minority leader of the senate;	3154

(2) Three members appointed by the speaker of the house of	3155
representatives, one of which is recommended by the minority	3156
leader of the house of representatives;	3157

(3) Three members appointed by the governor.

3158

(C)(1) Initial appointments to the commission shall be made	3159
not later than December 31, 2014. Of the initial appointees made	3160
by the governor, one shall serve an initial term of one year, one	3161
shall serve an initial term of two years, and one shall serve an	3162
initial term of three years. Thereafter, each member appointed by	3163
the governor shall serve a three-year term. The members appointed	3164
by the speaker and president shall serve four-year terms or until	3165
they are no longer members of the general assembly.	3166

(2) Appointments made by the governor shall require	3167
confirmation of the senate. Members may be reappointed to the	3168
commission. Vacancies on the commission shall be filled in the	3169
same manner as the original appointments.	3170

(3) Members serve at the pleasure of, and may be removed for	3171
just cause by, the member's appointing authority.	3172

(D) The first person appointed by the president of the senate	3173
shall schedule the first meeting of the commission. At the first	3174
meeting, the commission shall select a chairperson from among its	3175
members. After the first meeting, the commission shall meet at	3176
least once during each quarter at the call of the chairperson or	3177
upon the request of a majority of the commission's members. A	3178
majority of the commission constitutes a quorum, and no action	3179
shall be taken without the concurrence of a majority of the	3180
members.	3181

(E) The treasurer of state shall provide administrative	3182
assistance to the commission, including office space and	3183
facilities for the commission.	3184

(F) The commission shall administer any money that may be	3185
appropriated to it by the general assembly, and the treasurer of	3186
state may pay expenses related to the commission, which shall be	3187
reimbursed from the federal-military jobs fund.	3188

(G) The treasurer of state may adopt rules under Chapter 119.	3189
of the Revised Code to implement this chapter.	3190

(H) Commission members shall serve without compensation, but	3191
shall be reimbursed for actual and necessary expenses incurred in	3192
the performance of commission duties.	3193

(I) Members of the commission shall file financial disclosure	3194
statements described in division (B) of section 102.02 of the	3195
Revised Code.	3196

(J) The attorney general shall serve as the legal	3197
representative for the commission and may appoint special counsel	3198
as necessary for that purpose in accordance with section 109.07 of	3199
the Revised Code.	3200

Sec. 193.05. (A) The federal-military jobs commission shall	3201
be responsible for the furtherance and implementation of	3202
federal-military installation jobs and investment programs under	3203
this chapter. The federal-military jobs commission may do any of	3204
the following:	3205

(1) After consultation with appropriate government agencies:

3206

(a) Enter into agreements with government agencies and	3207
persons engaged in industry, commerce, distribution, or research	3208
to induce such persons to acquire, construct, reconstruct,	3209
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	3210
otherwise develop, eligible federal-military projects; and	3211

(b) Make provisions in the agreements for project facilities	3212
and governmental actions, as authorized by this chapter and other	3213
applicable laws, which shall be subject to any required actions by	3214
the general assembly or the controlling board and subject to	3215
applicable local government ordinances, resolutions, and	3216
regulations.	3217

(2)(a) Make loans to persons or government agencies to pay	3218
the allowable costs of eligible federal-military projects, with	3219
such fees, charges, rates of interest, times of payment of	3220
interest and principal, and other terms, conditions, and	3221
provisions of, and security for, those loans as the commission	3222
determines to be appropriate and in furtherance of the purpose for	3223
which the loans are made;	3224

(b) In conjunction with regional economic development	3225
entities, take actions necessary or appropriate to collect or	3226
otherwise deal with any loan made under this section.	3227

(3) Provide for, in connection with the treasurer of state,	3228
guarantees of loans or enhancement of obligations made to persons	3229
for an eligible federal-military project, which such guarantees	3230
shall contain terms and conditions as specified by the commission	3231
for loans pursuant to division (A)(2) of this section;	3232

(4) Retain the services of, or employ, consultants, agents,	3233
and independent contractors as are necessary in the commission's	3234
judgment and fix the compensation for their services;	3235

(5) Receive and accept from any person grants, gifts, and	3236
contributions of money, property, labor, and other things of	3237
value, to be held, used, and applied only for the purpose for	3238
which such grants, gifts, and contributions are made, which, if	3239
applicable, shall be deposited into the federal-military jobs	3240
fund;	3241

(6) Enter into appropriate arrangements with any government	3242
agency, under which the government agency may take or provide for	3243
any governmental action;	3244

(7) Perform all other acts and enter into contracts and	3245
execute all instruments necessary or appropriate to carry out the	3246
provisions of this chapter;	3247

(8) Adopt internal rules and policies to implement any of the	3248
provisions of this chapter applicable to the commission.	3249

(B) The determinations by the commission that facilities	3250
constitute eligible federal-military projects, that facilities are	3251
project facilities, that costs of such facilities are allowable	3252
costs, and all other determinations that are made for or are	3253
relevant to an action taken or agreement entered into shall be	3254
conclusive for purposes of the validity and enforceability of	3255
rights of parties arising from actions taken and agreements	3256
entered into under this chapter.	3257

(C) Except as otherwise prescribed in this chapter, all	3258
expenses and obligations incurred by the commission in carrying	3259
out the commission's powers and in exercising the commission's	3260
duties under this chapter, shall be payable solely from, as	3261
appropriate, moneys in the federal-military jobs fund. This	3262
chapter does not authorize the commission to incur bonded	3263
indebtedness of the state or any political subdivision thereof, or	3264
to obligate or pledge moneys raised by taxation for the payment of	3265
any guarantees made pursuant to this chapter.	3266

(D) Any government agency may enter into an agreement with	3267
the commission, any other government agency, or a person to be	3268
assisted under this chapter, to take or provide for the purposes	3269
of this chapter any governmental action it is authorized to take	3270
or provide under this chapter. Any government agency may	3271
undertake, on behalf and at the request of the commission, any	3272
action which the commission is authorized to undertake pursuant to	3273
divisions (A)(1), (2), and (3) of this section. Government	3274
agencies of the state shall cooperate with and provide assistance	3275
to the commission and the controlling board in the exercise of	3276
their respective functions under this chapter.	3277

Sec. 193.07. (A)(1) There is hereby created in the state	3278
treasury the federal-military jobs fund. The fund shall consist of	3279
moneys appropriated to it by the general assembly, repayments of	3280
principal and interest on financial assistance made from the fund,	3281
and any grants or donations received from nonpublic entities.	3282

(2) Interest earned on the money in the federal-military jobs	3283
fund shall be credited to the fund.	3284

(B) Funds for financial assistance authorized by, or powers	3285
exercised by, the federal-military jobs commission, including	3286
incidental administrative costs and expenses, shall be made from	3287
the federal-military jobs fund.	3288

Sec. 193.09. (A) Applications describing proposals for	3289
financial assistance under the federal-military jobs program shall	3290
be submitted to the federal-military jobs commission. The	3291
commission may designate regional economic development entities	3292
for technical or administrative assistance with the application	3293
process. The commission shall award financial assistance under the	3294
program in accordance with criteria developed by the commission.	3295

(B) Not later than January 31, 2015, the commission shall	3296
establish criteria for evaluating proposals and awarding financial	3297
assistance for eligible federal-military projects. The criteria	3298
for evaluating proposals may include the following provisions:	3299

(1) The total number of jobs created or preserved;

3300

(2) The expected impact on employment in the surrounding	3301
region;	3302

(3) The expressed support from the applicable federal agency	3303
with respect to the eligible federal-military project;	3304

(4) The expected return on investment, based on the ratio of	3305
expected savings;	3306

(5) The number of participating entities in the proposal;

3307

(6) The probability of the proposal's success;

3308

(7) The percentage of local matching funds available;

3309

(8) The ability to replicate the proposal in other political	3310
subdivisions;	3311

(9) Whether the proposal is part of a larger consolidation	3312
effort by the applicant or applicants;	3313

(10) If applicable, the federal or military value of the	3314
proposal, which may provide in whole or in part, current and	3315
future mission capabilities and the impact on operational	3316
readiness;	3317

(11) If applicable, whether the proposal provides the ability	3318
to accommodate contingency, mobilization, surge, and future total	3319
force increases;	3320

(12) If applicable, the operational value of the project for	3321
military purposes;	3322

(13) A recommendation from JobsOhio on return on investment	3323
for the state.	3324

Sec. 193.11. The federal-military jobs commission shall, in	3325
exercising its powers and duties, develop and implement plans for	3326
encouraging local support for the purposes of the federal-military	3327
jobs program under this chapter and for each eligible	3328
federal-military project for which it provides financial	3329
assistance.	3330

Sec. 193.13. Not later than the thirty-first day of January	3331
of each year, the federal-military jobs commission shall submit a	3332
report to the governor, the president and minority leader of the	3333
senate, and the speaker and minority leader of the house of	3334
representatives that outlines the commission's activities for the	3335
preceding year. The report shall include a listing of recipients	3336
of financial assistance, if any, the amount of such financial	3337
assistance, and any other information about the federal-military	3338
jobs program that the commission determines necessary to include	3339
in the report.	3340

Sec. 306.04. (A) Except as otherwise provided in division	3341
(B) of this section, employees of a county transit board or a	3342
board of county commissioners operating a transit system are	3343
employees of the county. If the system is operated by the board of	3344
county commissioners, the board shall appoint an executive	3345
director, who shall be in the unclassified service.	3346

(B) Any county transit board that established its own civil	3347
service organization and procedure prior to October 25, 1995,	3348
shall continue to operate under that organization. Appointments	3349
and promotions in that system shall be made, as far as	3350
practicable, by competitive examination.	3351

A board that established its own civil service organization	3352
prior to October 25, 1995, shall establish by rule the seniority	3353
provisions relating to street railway and motor bus employees in	3354
effect at the time of the acquisition of the transit system by the	3355
county. The vacation, holiday, and sick leave privileges shall not	3356
be regulated by other provisions of law relating to public	3357
employees of the state or county, except that the transit board,	3358
its officers and employees, shall be subject to the public	3359
employees retirement system of the state and the transit board	3360
shall assume any pension obligations which have been assumed by	3361
any publicly owned transit system which the county may acquire.	3362

(C) A county transit board or board of county commissioners	3363
operating a transit system may:	3364

(1) Acquire in its name by gift, grant, purchase, or	3365
condemnation and hold and operate real estate and interests	3366
therein and personal property suitable for its purposes;	3367

(2) In its name purchase, acquire, construct, enlarge,	3368
improve, equip, repair, maintain, sell, exchange, lease as lessee	3369
or lessor, receive a right of use of, and manage, control, and	3370
operate, in or out of the county, a county transit system	3371
consisting of all real estate and interests therein, personal	3372
property, and a combination thereof, for or related to the	3373
movement of persons including but not limited to street railway,	3374
tramline, subways, rapid transits, monorails, and passenger bus	3375
systems but excluding therefrom trucks, the movement of property	3376
by truck, and facilities designed for use in the movement of	3377
property by truck for hire;	3378

(3) Issue, with the approval of the county commissioners when	3379
the issuance is made by the transit board, revenue bonds of the	3380
county as provided in division (B) of section 306.09 of the	3381
Revised Code, to secure funds to accomplish its purposes. The	3382
principal of and interest on such bonds, together with all other	3383
payments required to be made by the trust agreement or indenture	3384
securing such bonds, shall be paid solely from revenues or other	3385
income accruing to the board from facilities of the county transit	3386
system designated in said agreement or indenture.	3387

(4) Enter into contracts in the exercise of the rights,	3388
powers, and duties conferred upon it, and execute all instruments	3389
necessary in the conduct of its business;	3390

(5) Fix, alter, and charge rates and other charges for the	3391
use of its real estate and interests therein, personal property,	3392
and combinations thereof;	3393

(6) Employ such financial consultants, accountants,	3394
appraisers, consulting engineers, architects, construction	3395
experts, attorneys-at-law, managers and other supervisory	3396
personnel, and other officers, employees, and agents as it	3397
determines necessary to conduct its business, and fix their	3398
compensation and duties;	3399

(7) Pledge, hypothecate, or otherwise encumber its revenues	3400
and other income as security for its obligations and enter into	3401
trust agreements or indentures for the benefit of revenue	3402
bondholders;	3403

(8) Borrow money or accept or contract to accept advances,	3404
loans, gifts, grants, devises, or bequests from and enter into	3405
contracts or agreements with any federal, state, or other	3406
governmental or private source and hold and apply advances, loans,	3407
gifts, grants, devises, or bequests according to the terms thereof	3408
including provisions which are required by such federal, state, or	3409
other governmental or private source to protect the interest of	3410
employees affected by such advances, loans, gifts, grants,	3411
devises, or bequests. Such advances, loans, gifts, grants, or	3412
devises may be subject to any reasonable reservation and any gift,	3413
grant, or devise or real estate may be in fee simple or any lesser	3414
estate. Any advances or loans received from any federal, state, or	3415
other governmental or private source may be repaid in accordance	3416
with the terms of such advance or loan. A loan accepted by a	3417
county transit board shall not, in any way, obligate the general	3418
fund of a county or a board of county commissioners.	3419

(9) Conduct investigations and surveys into the needs of the	3420
public within or without the county for transportation services to	3421
provide for the movement of persons within, into, or from the area	3422
serviced or to be serviced by the county transit system;	3423

(10) Enter into lawful arrangements with the appropriate	3424
federal or state department or agency, county, township, municipal	3425
corporation, or other political subdivision or public agency for	3426
the planning and installation of any public facilities which are	3427
determined necessary in the conduct of its business;	3428

(11) Purchase fire, extended coverage, and liability	3429
insurance for the real estate and interests therein, personal	3430
property and any combination thereof, used by or in connection	3431
with the county transit system and insurance covering the board	3432
and the county transit system and its officers and employees for	3433
liability for damage or injury to persons or property;	3434

(12) Procure and pay all or any part of the cost of group	3435
hospitalization, surgical, major medical, or sickness and accident	3436
insurance, or a combination thereof, for the officers and	3437
employees of the county transit system and their immediate	3438
dependents, issued by an insurance company, duly authorized to do	3439
business in this state;	3440

(13) Sell, lease, release, or otherwise dispose of real	3441
estate or interests therein or personal property owned by it and	3442
grant such easements across its real estate and interests therein	3443
as will not interfere with its use by the county transit system;	3444

(14) Establish rules for the use and operation of the county	3445
transit system including the real estate or interests therein,	3446
personal property or a combination of the foregoing used by or in	3447
connection with such system;	3448

(15) Exercise the power of eminent domain to appropriate any	3449
real estate or interests therein, personal property, franchises,	3450
or any combination thereof, within or without the county,	3451
necessary or proper in the exercise of its powers provided in	3452
sections 306.01 to 306.13 of the Revised Code, as provided in	3453
sections 163.01 to 163.22 of the Revised Code, and subject to	3454
divisions (15)(a), (b), and (c) of this section, provided that a	3455
county transit board or a board of county commissioners operating	3456
a transit system shall not proceed to so appropriate real property	3457
outside its territorial boundaries, until it has served at the	3458
office of the county commissioners of the county in which it is	3459
proposed to appropriate real property, a notice describing the	3460
real property to be taken and the purpose for which it is proposed	3461
to be taken, and such county commissioners have entered on their	3462
journal within thirty days after such service a resolution	3463
approving such appropriation;.	3464

(a) Nothing contained in this division authorizes a county	3465
transit board or a board of county commissioners to appropriate	3466
any land, rights, rights-of-way, franchises, or easements	3467
belonging to the state or to a municipal corporation without the	3468
consent of the state or of the municipal corporation, and no	3469
county transit board or board of county commissioners shall	3470
exercise the right of eminent domain to acquire any certificate of	3471
public convenience and necessity, or any part thereof, issued to a	3472
for-hire motor carrier by the public utilities commission of Ohio	3473
or by the federal motor carrier safety administration of the	3474
United States, or to take or disturb other real estate or	3475
interests therein, personal property, or any combination thereof	3476
belonging to any municipal corporation without the consent of the	3477
legislative authority of such municipal corporation, or take or	3478
disturb real estate or interests therein, personal property, or	3479
any combination thereof belonging to any other political	3480
subdivision, public corporation, public utility, or common	3481
carrier, which is necessary and convenient in the operation of	3482
such political subdivision, public corporation, public utility, or	3483
common carrier unless provision is made for the restoration,	3484
relocation, or duplication of that taken or upon the election of	3485
such political subdivision, public corporation, public utility, or	3486
common carrier for the payment of compensation, if any, at the	3487
sole cost of the county transit system.	3488

(b) If any restoration or duplication proposed to be made	3489
under this division involves a relocation, the new location shall	3490
have at least comparable utilitarian value and effectiveness, and	3491
such relocation shall not impair the ability of the public utility	3492
or common carrier to compete in its original area of operation.	3493

(c) If such restoration or duplication proposed to be made	3494
under this division involves a relocation, the county transit	3495
board or board of county commissioners shall acquire no interest	3496
or right in or to the appropriated property or facility until the	3497
relocated property or facility is available for use and until	3498
marketable title thereto has been transferred to the political	3499
subdivision, public corporation, public utility, or common	3500
carrier. Nothing in this division shall require any board of	3501
county commissioners or county transit board operating a county	3502
transit system to so restore, relocate, or duplicate, if all of	3503
the real estate and interests therein, personal property, and any	3504
combination of the foregoing which is owned by a public utility or	3505
common carrier and used by it or in connection with the movement	3506
of persons, is acquired by exercise of the power of eminent	3507
domain.	3508

(16) When real property is acquired that is located outside	3509
the county and is removed from the tax duplicate, the county	3510
transit board or board of county commissioners operating a transit	3511
system shall pay annually to the county treasurer of the county in	3512
which that property is located, commencing with the first tax year	3513
in which that property is removed from the tax duplicate, an	3514
amount of money in lieu of taxes equal to the smaller of the	3515
following:	3516

(a) The last annual installment of taxes due from the	3517
acquired property before removal from the tax duplicate;	3518

(b) An amount equal to the difference between the combined	3519
revenue from real estate taxes of all the taxing districts in	3520
which the property is located in the tax year immediately prior to	3521
the removal of the acquired property from the tax duplicate, and	3522
either:	3523

(i) The total revenue which would be produced by the tax rate	3524
of each such taxing district in the tax year immediately prior to	3525
the removal of the acquired property from the tax duplicate,	3526
applied to the real estate tax duplicate of each of such taxing	3527
districts in each tax year subsequent to the year of removal; or	3528

(ii) The combined revenue from real estate taxes of all such	3529
taxing districts in each tax year subsequent to the year of	3530
removal, whichever is the greater.	3531

The county transit board or board of county commissioners may	3532
be exempted from such payment by agreement of the affected taxing	3533
district or districts in the county in which the property is	3534
located.	3535

The county auditor of the county in which that property is	3536
located shall apportion each such annual payment to each taxing	3537
district as if the annual payment had been levied and collected as	3538
a tax.	3539

Those annual payments shall never again be made after they	3540
have ceased.	3541

(17) Sue or be sued, plead or be impleaded, and be held	3542
liable in any court of proper jurisdiction for damages received by	3543
reason of negligence, in the same manner and to the same extent as	3544
if the county transit system were privately operated, provided,	3545
that no funds of a county other than those of the county transit	3546
board or, if the transit system is operated by the board of county	3547
commissioners, other than those in the account for the county	3548
transit system created under division (C) of section 306.01 of the	3549
Revised Code, shall be available for the satisfaction of judgments	3550
rendered against that system;	3551

(18) Annually prepare and make available for public	3552
inspection a report in condensed form showing the financial	3553
results of the operation of the county transit system. For systems	3554
operated by a county transit board, copies of this report shall be	3555
furnished to the county commissioners as well as a monthly summary	3556
statement of revenues and expenses for the preceding month	3557
sufficient to show the exact financial condition of the county	3558
transit system as of the last day of the preceding month.	3559

(19) With the approval of the county commissioners when the	3560
action is taken by the transit board, and without competitive	3561
bidding, sell, lease, or grant the right of use of all or a	3562
portion of the county transit system to any other political	3563
subdivision, taxing district, or other public body or agency	3564
having the power to operate a transit system;	3565

~~(20) Enter into and supervise franchise agreements for the~~	3566
~~operation of a county transit system;~~	3567

~~(21) Accept the assignment of and then supervise an existing~~	3568
~~franchise agreement for the operation of a county transit system~~.	3569

(D)(1) As used in this division:

3570

(a) "Applicant" means any person who responds to a request	3571
for proposals and submits an application for a franchise to	3572
operate a public transit system or portion of a public transit	3573
system;	3574

(b) "Application for certification" means the documents that	3575
are required to be filed by a franchisee to initiate the	3576
proceedings required for certification;	3577

(c) "Application for a franchise" means the documents that	3578
are required to be filed in response to a request for proposals	3579
and that initiate the proceedings required for the award of a	3580
franchise;	3581

(d) "Certification" means the order issued by a board of	3582
county commissioners, after submission of an application for	3583
certification, that approves the operation of a public transit	3584
system, or a portion of a public transit system, by a franchisee,	3585
subject to terms and conditions imposed by the board.	3586

(e) "Franchise" means the document and all accompanying	3587
rights approved by the board of county commissioners that provides	3588
the franchisee with the exclusive right to establish a public	3589
transit system and, subject to certification, the right to operate	3590
a public transit system. A franchise may include the right of a	3591
franchisee to provide transportation services for a county	3592
department of job and family services.	3593

(f) "Franchisee" means the individual, corporation, or other	3594
entity awarded a franchise.	3595

(2) A board of county commissioners, on behalf of a county	3596
transit board, may award a franchise to an applicant subject to	3597
such terms and conditions as the board of county commissioners	3598
considers appropriate and consistent with applicable laws.	3599
Subsequent to awarding the franchise, the board of county	3600
commissioners may issue a certification and, until such issuance,	3601
the franchisee has no right to operate a public transit system or	3602
part of such a system. The board of county commissioners shall not	3603
delete, alter, or amend the terms and conditions of the	3604
certification after its issuance. The board shall include in the	3605
certification performance targets related to the operation of a	3606
public transit system by the franchisee, including cost savings to	3607
the county, gains in efficiency, the safety and security of the	3608
traveling public and franchise employees, service to the traveling	3609
public, return on any investments made by the county, and any	3610
other performance targets as determined by the board. All terms	3611
and conditions of the order of certification are terms and	3612
conditions of the franchise. Unless expressly exempted or granted	3613
a waiver in the certification, the franchisee shall comply with	3614
all applicable rules, regulations, orders, and ordinances.	3615

(3) The award of a franchise by a board of county	3616
commissioners to an applicant is the sole license and authority	3617
for the franchisee to establish a public transit system and,	3618
subject to certification, operate a public transit system.	3619

(4) A board of county commissioners shall award a franchise	3620
for a period of not less than ten years, as provided in the	3621
franchise.	3622

(5) A franchise shall not prohibit the franchisee from	3623
implementing new or improved services during the term of the	3624
franchise.	3625

(6) A franchisee shall coordinate its services, as specified	3626
in the franchise, with public transit providers to make effective	3627
transportation services available to the public and provide access	3628
to and from the public transit system.	3629

(7) A board of county commissioners shall provide terms and	3630
conditions in a franchise to ensure that the franchisee will	3631
continue operation of the public transit system for the duration	3632
of the term of the franchise or, if the franchise is revoked,	3633
suspended, or abandoned, that financial and other necessary	3634
resources are available to continue the operation of the system	3635
until another franchisee is selected or until the board of county	3636
commissioners determines to cease the transit operations governed	3637
by the franchise. The franchise shall specifically provide that	3638
the board shall have the right to terminate the franchise if the	3639
board determines that the franchisee has materially breached the	3640
franchise in any manner. The franchisee may appeal such a	3641
termination to the board, and, if the board upholds the	3642
termination, to the proper court of common pleas.	3643

Sec. 306.14. (A) If a board of county commissioners awards a	3644
franchise to a franchisee on behalf of a county transit board, the	3645
county transit board shall submit an annual written report to the	3646
board of county commissioners not later than a date designated by	3647
the board of county commissioners and in a form prescribed by that	3648
board. The board of county commissioners shall make the report	3649
available on the general web site of the county. The county	3650
transit board shall include in the report a description in detail	3651
of the effects the franchise agreement had during the prior year	3652
on all of the following as they relate to the operation of a	3653
public transit system by the franchisee in that county:	3654

(1) Cost savings to the county;

3655

(2) Efficiency;

3656

(3) Safety and security of the traveling public and franchise	3657
employees;	3658

(4) Service to the traveling public;

3659

(5) Return on investment by the county;

3660

(6) Any other aspects the board of county commissioners	3661
determines should be included in the report.	3662

(B) A franchisee that is awarded a franchise by a board of	3663
county commissioners on behalf of a county transit board shall	3664
submit an annual written report to the board of county	3665
commissioners or county transit board not later than a date	3666
designated by the board of county commissioners and in a form	3667
prescribed by that board. The board of county commissioners also	3668
shall direct the franchisee to submit the report to the board of	3669
county commissioners, the county transit board, or both. The board	3670
of county commissioners shall establish the issues to be addressed	3671
in the report with respect to the public transit system that the	3672
franchisee operated during the prior year. The board of county	3673
commissioners shall make the report available on the general web	3674
site of the county.	3675

(C) A board of county commissioners that awards a franchise	3676
to a franchisee on behalf of a county transit board shall conduct	3677
an annual review of the performance of the franchisee. The board	3678
of county commissioners shall include in the review a	3679
determination of the number of performance targets the franchisee	3680
met during the prior year and an evaluation of the franchisee's	3681
compliance with the other terms and conditions of the franchise,	3682
including any breaches of the franchise by the franchisee. The	3683
board shall issue a written report, and shall make the report	3684
available on the general web site of the county.	3685

Sec. 307.678. (A) As used in this section:

3686

(1) "Stadium" means an open-air structure designed and	3687
developed to provide a venue for public entertainment, cultural	3688
activities and recreation, or any combination thereof, including	3689
concerts, athletic and sporting events, and other events and	3690
exhibitions, together with concession, locker room, parking,	3691
restroom, and storage facilities, walkways, and other auxiliary	3692
facilities, whether included within or separate from the	3693
structure, and all real and personal property and interests	3694
therein related to the use of the structure for those purposes.	3695

(2) "Bureau" means a nonprofit corporation that is organized	3696
under the laws of this state that is, or has among its functions	3697
acting as, a convention and visitors' bureau, and that currently	3698
receives revenue from existing lodging taxes.	3699

(3) "Cooperating parties" means the parties to a cooperative	3700
agreement.	3701

(4) "Cooperative agreement" means an agreement entered into	3702
pursuant to division (B) of this section.	3703

(5) "Corporation" means a nonprofit corporation that is	3704
organized under the laws of this state and has corporate authority	3705
under its organizational instruments to acquire, construct,	3706
reconstruct, equip, finance, furnish, otherwise improve, own,	3707
lease, or operate a stadium.	3708

(6) "Debt charges" has the same meaning as in section 133.01	3709
of the Revised Code, except that "obligations" shall be	3710
substituted for "securities" wherever "securities" appears in that	3711
section.	3712

(7) "Eligible county" means a county having a population of	3713
at least three hundred seventy-five thousand, but not more than	3714
four hundred thousand, according to the most recent federal	3715
decennial census.	3716

(8) "Existing lodging taxes" means taxes levied by a board of	3717
county commissioners of an eligible county under division (A) of	3718
section 5739.09 of the Revised Code.	3719

(9) "Financing costs" means all costs and expenses relating	3720
to the authorization, including any required election, issuance,	3721
sale, delivery, authentication, deposit, custody, clearing,	3722
registration, transfer, exchange, fractionalization, replacement,	3723
payment, and servicing, of obligations, including, without	3724
limitation, costs and expenses for or relating to publication and	3725
printing, postage, delivery, preliminary and final official	3726
statements, offering circulars, and informational statements,	3727
travel and transportation, underwriters, placement agents,	3728
investment bankers, paying agents, registrars, authenticating	3729
agents, remarketing agents, custodians, clearing agencies or	3730
corporations, securities depositories, financial advisory	3731
services, certifications, audits, federal or state regulatory	3732
agencies, accounting and computation services, legal services and	3733
obtaining approving legal opinions and other legal opinions,	3734
credit ratings, redemption premiums, and credit enhancement	3735
facilities. Financing costs may be paid from any money available	3736
for the purpose, including, unless otherwise provided in the	3737
proceedings, from the proceeds of the obligations to which they	3738
relate and, as to future financing costs, from the same sources	3739
from which debt charges on the obligations are paid and as though	3740
debt charges.	3741

(10) "Host municipal corporation" means a municipal	3742
corporation, having a population of at least seventy thousand but	3743
not more than eighty thousand according to the most recent federal	3744
decennial census, within the boundaries of which a stadium is	3745
located.	3746

(11) "Host school district" means the school district within	3747
the boundaries of which a stadium is located.	3748

(12) "Issuer" means any issuer, as defined in section 133.01	3749
of the Revised Code, and any corporation.	3750

(13) "Obligations" means obligations that are issued or	3751
incurred by an issuer pursuant to Chapter 133. or 4582. of the	3752
Revised Code, or otherwise, for the purpose of funding or paying,	3753
or reimbursing persons for the funding or payment of, project	3754
costs, and that evidence the issuer's obligation to repay borrowed	3755
money, including interest thereon, or to pay other money	3756
obligations of the issuer at any future time, including, without	3757
limitation, bonds, notes, anticipatory securities as defined in	3758
section 133.01 of the Revised Code, certificates of indebtedness,	3759
commercial paper, or installment sale, lease, lease-purchase, or	3760
similar agreements.	3761

(14) "Port authority" means a port authority created under	3762
Chapter 4582. of the Revised Code.	3763

(15) "Project" means acquiring, constructing, reconstructing,	3764
rehabilitating, remodeling, renovating, enlarging, equipping,	3765
furnishing, or otherwise improving a stadium or any component or	3766
element thereof.	3767

(16) "Project cost" means the cost of acquiring,	3768
constructing, reconstructing, rehabilitating, remodeling,	3769
renovating, enlarging, equipping, financing, refinancing,	3770
furnishing, or otherwise improving a project, including, without	3771
limitation, financing costs; the cost of architectural,	3772
engineering, and other professional services, designs, plans,	3773
specifications, surveys, and estimates of costs; financing or	3774
refinancing obligations issued by, or reimbursing money advanced	3775
by, any cooperating party or any other person, where the proceeds	3776
of the obligations or money advanced was used to pay any other	3777
cost described in this division; inspections and testing; any	3778
indemnity or surety bond or premium related to insurance	3779
pertaining to development of the project; all related direct and	3780
indirect administrative costs; fees and expenses of trustees,	3781
escrow agents, depositories, and paying agents for any	3782
obligations; interest on obligations during the planning, design,	3783
and development of a project and for up to eighteen months	3784
thereafter; funding of reserves for the payment of debt charges on	3785
any obligations; and all other expenses necessary or incident to	3786
planning, or determining the feasibility or practicability of, a	3787
project, including, without limitation, advocating the enactment	3788
of legislation to facilitate the development and financing of a	3789
project.	3790

(B) On or before December 31, 2015, the board of county	3791
commissioners of an eligible county, a host municipal corporation,	3792
the board of education of a host school district, a port	3793
authority, a bureau, and a corporation, or any combination	3794
thereof, may enter into a cooperative agreement under which:	3795

(1) The board of county commissioners and the bureau agree to	3796
make available to a cooperating party or any other person proceeds	3797
of an existing lodging tax, not to exceed five hundred thousand	3798
dollars each year, to pay project costs or debt charges on	3799
obligations issued by a cooperating party to fund, finance, or	3800
refinance the payment of project costs;	3801

(2) The cooperating parties agree, subject to any conditions	3802
or limitations provided in the cooperative agreement, to each of	3803
the following:	3804

(a) The conveyance, grant, or transfer to a cooperating party	3805
or any other person of ownership of, property interests in, and	3806
rights to use a stadium, either as the stadium exists at the time	3807
of the agreement or as it may be improved by a project;	3808

(b) The respective responsibilities of each cooperating party	3809
for the management, operation, maintenance, repair, and	3810
replacement of a stadium, including any project undertaken with	3811
respect to the stadium, which may include authorization for a	3812
cooperating party to contract with any other person for any such	3813
purpose;	3814

(c) The respective responsibilities of each cooperating party	3815
for the development and financing of a project, including, without	3816
limitation, the cooperating party or parties that shall be	3817
responsible for contracting for the development of a project and	3818
administering contracts into which the party or parties enter into	3819
for that purpose;	3820

(d) The respective responsibilities of each cooperating party	3821
to provide money, whether by issuing obligations or otherwise, for	3822
the funding, payment, financing, or refinancing, or reimbursement	3823
to a cooperating party or other person for the funding, payment,	3824
financing, or refinancing, of project costs;	3825

(e) The respective responsibilities of each cooperating	3826
party, or any other person, to provide money or other security for	3827
the payment of debt charges on obligations.	3828

(C) Any conveyance, grant, or transfer of ownership of,	3829
property interests in, or rights to use a stadium, and any	3830
contract for the development, management, operation, maintenance,	3831
repair, or replacement of a stadium, including any project	3832
undertaken with respect to an existing stadium, that is	3833
contemplated by a cooperative agreement may be made or entered	3834
into by a cooperating party, in such manner and upon such terms as	3835
the cooperating parties may agree, without any requirement of	3836
bidding and without regard to ownership of the stadium,	3837
notwithstanding any other provision of law that may otherwise	3838
apply. A project constitutes a "port authority facility" within	3839
the meaning of division (D) of section 4582.01 and division (E) of	3840
section 4582.21 of the Revised Code and shall be considered a	3841
permanent improvement for one purpose under Chapter 133. of the	3842
Revised Code.	3843

(D) Notwithstanding any other provision of law, and after	3844
deducting the real and actual costs of administering an existing	3845
lodging tax and any portion of such tax required to be returned to	3846
any municipal corporation or township as provided in division	3847
(A)(1) of section 5739.09 of the Revised Code, the board of county	3848
commissioners of an eligible county and a bureau may agree to make	3849
available, and a cooperating party or other person may use,	3850
proceeds of an existing lodging tax for the funding or payment of	3851
project costs, including, without limitation, the payment of debt	3852
charges on obligations. Either the board or the bureau, or both,	3853
may pledge proceeds of an existing lodging tax to the payment of	3854
debt charges on obligations. The total amount of existing lodging	3855
tax proceeds made available for such use or so pledged each year	3856
shall not exceed five hundred thousand dollars. The lien of any	3857
such pledge shall be effective against all persons when it is	3858
made, without the requirement for the filing of any notice, and	3859
any proceeds of an existing lodging tax so pledged and required to	3860
be used to pay debt charges on obligations shall be paid by the	3861
county or bureau at the times, in the amounts, and to such payee,	3862
including, without limitation, a corporate trustee or paying	3863
agent, required for such obligations. The board of county	3864
commissioners may amend any previously adopted resolution	3865
providing for the levy of an existing lodging tax to permit the	3866
use of the proceeds of the existing lodging tax as provided in	3867
this division.	3868

(E) A board of county commissioners shall not repeal,	3869
rescind, or reduce the levy of an existing lodging tax to the	3870
extent its proceeds are pledged to the payment of debt charges on	3871
obligations, and any such lodging tax shall not be subject to	3872
repeal, rescission, or reduction by initiative, referendum, or	3873
subsequent enactment of legislation by the general assembly, so	3874
long as there remain outstanding any obligations as to which the	3875
payment of debt charges is secured by a pledge of the existing	3876
lodging tax.	3877

(F) A pledge of the proceeds of an existing lodging tax under	3878
division (D) of this section shall not constitute indebtedness of	3879
the eligible county for the purposes of Chapter 133. of the	3880
Revised Code.	3881

(G) The authority provided by this section is supplemental	3882
to, and is not intended to limit in any way, any legal authority	3883
that a cooperating party may have under any other provision of	3884
law.	3885

Sec. 307.699. (A) As used in this section:

3886

(1) "Sports facility" has the same meaning as in section	3887
307.696 of the Revised Code.	3888

(2) "Residual cash" has the same meaning as in division	3889
(B)(5) of section 5709.081 of the Revised Code.	3890

(B) Any political subdivision or subdivisions or any	3891
corporation that owns a sports facility that is both constructed	3892
under section 307.696 of the Revised Code and includes property	3893
exempt from taxation under division (B) of section 5709.081 of the	3894
Revised Code, shall make an annual service payment in lieu of	3895
taxes on the exempt property for each tax year beginning with the	3896
first tax year in which the facility or part thereof is used by a	3897
major league professional athletic team for its home schedule. The	3898
amount of the service payment for a tax year shall be determined	3899
by the county auditor under division (D) of this section.	3900

(C) On or before the first day of September each year, the	3901
owner of property to which this section applies shall file both of	3902
the following with the county auditor:	3903

(1) A return in the same form as under section 5711.02 of the	3904
Revised Code listing all its exempt tangible personal property as	3905
of the first day of August of that year;	3906

(2) An audited financial statement certified by the owner and	3907
reflecting the actual receipts, revenue, expenses, expenditures,	3908
net income, and residual cash derived from the property during the	3909
most recently ended calendar year.	3910

For the purposes of this section, the county auditor shall	3911
determine the true value of the real and tangible personal	3912
property owned by the political subdivision or subdivisions or the	3913
corporation and included in the sports facility, including the	3914
taxable portion thereof, by capitalizing at an appropriate rate	3915
the net income of the owner derived from that property. The	3916
auditor shall use the net income as certified in the owner's	3917
financial statement, unless hethe auditor determines that the	3918
amount so certified is inaccurate, in which event hethe auditor	3919
shall determine the accurate amount of net income to be	3920
capitalized. The county auditor shall compute net income before	3921
debt service, and shall not include any revenue from county taxes	3922
as defined in division (A)(1) of section 307.696 of the Revised	3923
Code. The true value so determined shall be allocated between real	3924
and tangible personal property and assessed for the purposes of	3925
this section at the appropriate percentages provided by law for	3926
determining taxable values.	3927

Using information reported or determined under this division,	3928
the county auditor shall determine the amount of putative taxes	3929
for the property for that tax year. As used in this section,	3930
"putative taxes" means the greater of one million dollars or the	3931
amount of property taxes that would have been charged and payable	3932
if all the real and tangible personal property owned by the	3933
political subdivision or subdivisions or the corporation and	3934
included in the sports facility was subject to taxation.	3935

(D) On or before the date that is sixty days before the date	3936
that the first payment of real property taxes are due without	3937
penalty under Chapter 323. of the Revised Code each tax year, the	3938
county auditor shall determine the amount of service payments for	3939
that tax year for property to which this section applies in the	3940
following manner:	3941

(1) The county auditor shall deduct from the amount of	3942
putative taxes under division (C) of this section any taxes	3943
assessed against the taxable portion of the sports facility owned	3944
by any of the entities in division (B)(1) of section 5709.081 of	3945
the Revised Code, any amounts paid by a municipal corporation	3946
under section 5709.082 of the Revised Code as a result of the	3947
exempt property, and any amounts available in the construction	3948
payments account established under division (G)(1) of this section	3949
as are required to make the total deductions under this division	3950
equal to one million dollars.	3951

(2) The county auditor shall fix the amount of the service	3952
payments for a tax year at the amount of the putative taxes minus	3953
deductions under division (D)(1) of this section. However, any	3954
amount of service payments required because the putative taxes	3955
exceed one million dollars shall not exceed the amount of residual	3956
cash of the owner of the exempt property as reported in division	3957
(C) of this section that would otherwise accrue to the political	3958
subdivision or subdivisions pursuant to division (B)(5) of section	3959
5709.081 of the Revised Code if no service payments were imposed	3960
under this section.	3961

(3) If the exempt property is an improvement under division	3962
(C)(2) of section 5709.081 of the Revised Code, the county auditor	3963
shall determine the percentage which such improvement constitutes	3964
of the total sports facility and shall substitute for the	3965
one-million-dollar amount, wherever it appears in this section, an	3966
amount equal to such percentage multiplied by one million dollars.	3967
The percentage shall be determined by dividing the reproduction	3968
cost new of the improvement by the reproduction cost new of the	3969
total sports facility including the improvement, owned by any of	3970
the entities under division (B)(1) of section 5709.081 of the	3971
Revised Code.	3972

(E) On or before the date that is sixty days before the date	3973
that the first payment of real property taxes are due without	3974
penalty under Chapter 323. of the Revised Code each tax year, the	3975
county auditor shall certify and send notice by certified mail to	3976
the owner of the property of the amount and the calculation of the	3977
service payments charged that tax year, including the separate	3978
valuations determined for the real and tangible personal property,	3979
the capitalization rate used, the separate deductions allowed	3980
under division (D) of this section, and any claimed inaccuracies	3981
in net income determined under division (C) of this section.	3982

The service payments for a tax year shall be charged and	3983
collected in the same manner as real property taxes for that tax	3984
year. Revenue collected as service payments shall be distributed	3985
to the taxing districts that would have received property tax	3986
revenue from the exempt property if it was not exempt, for the tax	3987
year for which the payments are made, in the same proportions as	3988
property taxes are distributed. However, if the sum of the	3989
deductions allowed under division (D) of this section and the	3990
service payments exceeds one million dollars, any service payments	3991
in excess of one million dollars shall first be paid to the	3992
municipal corporation to reimburse it for the payments made under	3993
section 5709.082 of the Revised Code from the inception of such	3994
payments. Any such payments to the municipal corporation shall be	3995
deducted from the municipal payments account established under	3996
division (G)(2) of this section.	3997

(F) The owner of property exempt from taxation under section	3998
5709.081 of the Revised Code or persons and political subdivisions	3999
entitled to file complaints or counterclaims to complaints under	4000
section 5715.19 of the Revised Code may appeal the determination	4001
of the annual service payments required by this section to the	4002
board of revision in the county in which the exempt property is	4003
located within the time period for filing complaints under section	4004
5715.19 of the Revised Code. The appeal shall be taken by filing a	4005
complaint with that board which need not be on the form prescribed	4006
for other complaints filed under section 5715.19 of the Revised	4007
Code but which shall include an identification of the exempt	4008
property, a copy of the auditor's certification to the owner, a	4009
calculation of the service payments claimed to be correct and a	4010
statement of the errors in the auditor's determination. Upon	4011
receipt of such complaint, the board of revision shall notify the	4012
county auditor of the county in which the exempt property is	4013
located, who shall, within thirty days of such notice, certify to	4014
the board of revision a transcript of the record of the	4015
proceedings of the county auditor pertaining to the determination	4016
of the annual service payments. Any complaint filed under this	4017
section shall be regarded as a complaint for the purposes of	4018
divisions (B), (C), (E), (F), (G), and (H) of section 5715.19 of	4019
the Revised Code. The board of revision shall order the hearing of	4020
evidence and shall determine the amount of service payments due	4021
and payable pursuant to this section.	4022

(G) The county auditor of the county in which the exempt	4023
property is located shall establish the following two accounts:	4024

(1) A construction payments account to which shall be posted	4025
all payments made by a municipal corporation pursuant to section	4026
5709.082 of the Revised Code on account of such property derived	4027
from persons employed at the site of the sports facility in the	4028
construction of the facility. Deductions shall be made from such	4029
account as provided in division (D) of this section until the	4030
amounts so posted are exhausted;.	4031

(2) A municipal payments reimbursement account to which shall	4032
be posted all payments made by a municipal corporation pursuant to	4033
section 5709.082 of the Revised Code on account of such property	4034
including those posted under division (G)(1) of this section.	4035
Deductions shall be made from the municipal payments reimbursement	4036
account for reimbursements to the municipal corporation made under	4037
division (E) of this section until the amounts posted are	4038
exhausted.	4039

Sec. 307.6910. (A) A new nonprofit corporation shall be	4040
organized under the laws of this state for the purpose of	4041
operating a veterans memorial and museum to be located within the	4042
city of Columbus at the site described in division (B) of this	4043
section. The veterans memorial and museum shall be designated in	4044
the articles of incorporation and state law as the "Ohio Veterans	4045
Memorial and Museum."	4046

(B) The site of the Ohio Veterans Memorial and Museum, shall	4047
be constructed on the following parcel of real property owned in	4048
fee simple by the board of county commissioners of Franklin	4049
county:	4050

That property located at 300 West Broad Street, Columbus,	4051
Ohio, generally lying north of Broad Street, south of the	4052
right-of-way line of Norfolk and Southern Railway, west of the	4053
Scioto River and its floodwall, and east of the east line of Belle	4054
Street if the same extended north of Broad Street to the railroad	4055
right-of-way.	4056

(C) The bylaws of the new nonprofit corporation shall provide	4057
for the board of directors to consist of fifteen members. The	4058
appointments to the board of directors shall be made in accordance	4059
with the articles of incorporation and bylaws of the nonprofit	4060
corporation. All appointments to the board of directors shall	4061
satisfy any qualifications set forth in the nonprofit	4062
corporation's bylaws. A majority of the members of the board of	4063
directors appointed by each appointing entity shall be veterans of	4064
the armed forces of the United States. The appointments shall be	4065
made as follows:	4066

(1) The board of county commissioners of Franklin county	4067
shall appoint five members.	4068

(2) The governor shall appoint three members.

4069

(3) The speaker of the house of representatives and the	4070
president of the senate each shall appoint one member.	4071

(4) The articles of incorporation shall provide for the	4072
remaining appointments, not to exceed five, the majority of whom	4073
shall be veterans of the armed forces of the United States.	4074

(D) All meetings and records of the new nonprofit corporation	4075
shall be conducted and maintained in accordance with the sunshine	4076
laws of this state, including, but not limited to, sections 121.22	4077
and 149.43 of the Revised Code.	4078

(E) The board of county commissioners of Franklin county may	4079
lease the site described in division (B) of this section together	4080
with any adjacent property, without engaging in competitive	4081
bidding, to an Ohio nonprofit corporation for the construction,	4082
development, and operation of the Ohio Veterans Memorial and	4083
Museum. A board of county commissioners may appropriate funds to	4084
either the nonprofit corporation established as provided in this	4085
section or the nonprofit corporation with which the county has	4086
leased the property for permanent improvements and operating	4087
expenses of the Ohio Veterans Memorial and Museum.	4088

Sec. 307.863. (A) Notwithstanding section 307.86 of the	4089
Revised Code, a board of county commissioners that awards a	4090
franchise to a franchisee on behalf of a county transit board	4091
pursuant to section 306.04 of the Revised Code to operate a public	4092
transit system shall award the franchise through competitive	4093
bidding as prescribed in this section. The board shall solicit	4094
bids that are not sealed, and shall ensure that all bids the board	4095
receives are open for public inspection. The board shall consider	4096
all bids that are timely received.	4097

(B) The fact that a bid proposes to be the most beneficial to	4098
the county monetarily in and of itself does not confer best bid	4099
status on that bid.	4100

(C) In awarding a franchise to a bidder to operate a public	4101
transit system, the board may consider all of the following:	4102

(1) The proposed monetary benefit to the county;

4103

(2) The bidder's ownership of, or access to, transportation	4104
facilities or transportation equipment such as vehicles, automated	4105
transit systems, or any other applicable equipment;	4106

(3) The bidder's experience in operating public transit	4107
systems;	4108

(4) If the bidder has experience in operating public transit	4109
systems, the record of the bidder in relation to all aspects of	4110
operating a public transit system, including cost savings to a	4111
political subdivision, gains in efficiency, the safety and	4112
security of the traveling public and employees, service to the	4113
traveling public, return on any investments made by a political	4114
subdivision, and any other aspects the board includes for	4115
consideration.	4116

Sec. 307.982. (A) To the extent permitted by federal law,	4117
including subpart F of 5 C.F.R. part 900, and subject to any	4118
limitations established by the Revised Code, including division	4119
(B) of this section, a board of county commissioners may enter	4120
into a written contract with a private or government entity,	4121
including a public or private college or university, for the	4122
entity to perform a family services duty or workforce development	4123
activity on behalf of a county family services agency or workforce	4124
development agency. The entity with which a board contracts is not	4125
required to be located in the county the board serves.	4126

A family services duty or workforce development activity	4127
includes transportation services provided by a county transit	4128
board. A board of county commissioners may delegate to a county	4129
transit board the authority to solicit bids and award and execute	4130
contracts for such transportation services on behalf of the board	4131
of county commissioners.	4132

(B) A board of county commissioners may not enter into a	4133
contract under division (A) of this section regarding a family	4134
services duty of a public children services agency if a county	4135
children services board appointed under section 5153.03 of the	4136
Revised Code serves as the public children services agency for the	4137
county. The county children services board may enter into	4138
contracts regarding its duties in accordance with division (C)(2)	4139
of section 5153.16 of the Revised Code.	4140

Sec. 340.02. (A) For each alcohol, drug addiction, and	4141
mental health service district, there shall be appointed a board	4142
of alcohol, drug addiction, and mental health services consisting	4143
of eighteen members or fourteen members. Should the board of	4144
alcohol, drug addiction, and mental health services elect to	4145
remain at eighteen members, as provided under section 340.02 of	4146
the Revised Code as it existed immediately prior to the date of	4147
this amendment, the board of alcohol, drug addiction, and mental	4148
health services and the board of county commissioners shall not be	4149
required to take any action. Should the board of alcohol, drug	4150
addiction, and mental health services elect a recommendation to	4151
become a fourteen-member board, that recommendation must be	4152
approved by the board of county commissioners of the county in	4153
which the alcohol, drug addiction, and mental health district is	4154
located in order for the transition to a fourteen-member board to	4155
occur. Not later than September 30, 2013, each board of alcohol,	4156
drug addiction, and mental health services wishing to become a	4157
fourteen-member board shall notify the board of county	4158
commissioners of that recommendation. Failure of the board of	4159
county commissioners to take action within thirty days after	4160
receipt of the recommendation shall be deemed agreement by the	4161
board of county commissioners to transition to a fourteen-member	4162
board of alcohol, drug addiction, and mental health services.	4163
Should the board of county commissioners reject the	4164
recommendation, the board of county commissioners shall adopt a	4165
resolution stating that rejection within thirty days after receipt	4166
of the recommendation. Upon adoption of the resolution, the board	4167
of county commissioners shall meet with the board of alcohol, drug	4168
addiction, and mental health services to discuss the matter. After	4169
the meeting, the board of county commissioners shall notify the	4170
department of mental health and addiction services of its election	4171
not later than January 1, 2014. In a joint-county district, a	4172
majority of the boards of county commissioners must not reject the	4173
recommendation of a joint-county board to become a fourteen-member	4174
board in order for the transition to a fourteen-member board to	4175
occur. Should the joint-county district have an even number of	4176
counties, and the boards of county commissioners of these counties	4177
tie in terms of whether or not to accept the recommendation of the	4178
alcohol, drug addiction, and mental health services board, the	4179
recommendation of the alcohol, drug addiction, and mental health	4180
service board to become a fourteen-member board shall prevail. The	4181
election shall be final. Failure to provide notice of its election	4182
to the department on or before January 1, 2014, shall constitute	4183
an election to continue to operate as an eighteen-member board,	4184
which election shall also be final. If an existing board provides	4185
timely notice of its election to transition to operate as a	4186
fourteen-member board, the number of board members may decline	4187
from eighteen to fourteen by attrition as current members' terms	4188
expire. However, the composition of the board must reflect the	4189
requirements set forth in this section for fourteen-member boards.	4190
For all boards, half of the members shall be interested in mental	4191
health services and half of the members shall be interested in	4192
alcohol, drug, or gambling addiction services. All members shall	4193
be residents of the service district. The membership shall, as	4194
nearly as possible, reflect the composition of the population of	4195
the service district as to race and sex.	4196

(B) For boards operating as eighteen-member boards, the	4197
director of mental health and addiction services shall appoint	4198
eight members of the board and the board of county commissioners	4199
shall appoint ten members. For boards operating as fourteen-member	4200
boards, the director of mental health and addiction services shall	4201
appoint six members of the board and the board of county	4202
commissioners shall appoint eight members. In a joint-county	4203
district, the county commissioners of each participating county	4204
shall appoint members in as nearly as possible the same proportion	4205
as that county's population bears to the total population of the	4206
district, except that at least one member shall be appointed from	4207
each participating county.	4208

(C) The director of mental health and addiction services	4209
shall ensure that at least one member of the board is a clinician	4210
with experience in the delivery of mental health services, at	4211
least one member of the board is a person who has received or is	4212
receiving mental health services ~~paid for by public funds~~, at	4213
least one member of the board is a parent or other relative of	4214
such a person, at least one member of the board is a clinician	4215
with experience in the delivery of addiction services, at least	4216
one member of the board is a person who has received or is	4217
receiving addiction services ~~paid for by public funds~~, and at	4218
least one member of the board is a parent or other relative of	4219
such a person. A single member who meets both qualifications may	4220
fulfill the requirement for a clinician with experience in the	4221
delivery of mental health services and a clinician with experience	4222
in the delivery of addiction services.	4223

(D) No member or employee of a board of alcohol, drug	4224
addiction, and mental health services shall serve as a member of	4225
the board of any provider with which the board of alcohol, drug	4226
addiction, and mental health services has entered into a contract	4227
for the provision of services or facilities. No member of a board	4228
of alcohol, drug addiction, and mental health services shall be an	4229
employee of any provider with which the board has entered into a	4230
contract for the provision of services or facilities. No person	4231
shall be an employee of a board and such a provider unless the	4232
board and provider both agree in writing.	4233

(E) No person shall serve as a member of the board of	4234
alcohol, drug addiction, and mental health services whose spouse,	4235
child, parent, brother, sister, grandchild, stepparent, stepchild,	4236
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4237
daughter-in-law, brother-in-law, or sister-in-law serves as a	4238
member of the board of any provider with which the board of	4239
alcohol, drug addiction, and mental health services has entered	4240
into a contract for the provision of services or facilities. No	4241
person shall serve as a member or employee of the board whose	4242
spouse, child, parent, brother, sister, stepparent, stepchild,	4243
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4244
daughter-in-law, brother-in-law, or sister-in-law serves as a	4245
county commissioner of a county or counties in the alcohol, drug	4246
addiction, and mental health service district.	4247

(F) Each year each board member shall attend at least one	4248
inservice training session provided or approved by the department	4249
of mental health and addiction services.	4250

(G) For boards operating as eighteen-member boards, each	4251
member shall be appointed for a term of four years, commencing the	4252
first day of July, except that one-third of initial appointments	4253
to a newly established board, and to the extent possible to	4254
expanded boards, shall be for terms of two years, one-third of	4255
initial appointments shall be for terms of three years, and	4256
one-third of initial appointments shall be for terms of four	4257
years. For boards operating as fourteen-member boards, each member	4258
shall be appointed for a term of four years, commencing the first	4259
day of July, except that four of the initial appointments to a	4260
newly established board, and to the extent possible to expanded	4261
boards, shall be for terms of two years, five initial appointments	4262
shall be for terms of three years, and five initial appointments	4263
shall be for terms of four years. No member shall serve more than	4264
two consecutive four-year terms under the same appointing	4265
authority. A member may serve for three consecutive terms under	4266
the same appointing authority only if one of the terms is for less	4267
than two years. A member who has served two consecutive four-year	4268
terms or three consecutive terms totaling less than ten years is	4269
eligible for reappointment by the same appointing authority one	4270
year following the end of the second or third term, respectively.	4271

When a vacancy occurs, appointment for the expired or	4272
unexpired term shall be made in the same manner as an original	4273
appointment. The appointing authority shall be notified by	4274
certified mail of any vacancy and shall fill the vacancy within	4275
sixty days following that notice.	4276

Any member of the board may be removed from office by the	4277
appointing authority for neglect of duty, misconduct, or	4278
malfeasance in office, and shall be removed by the appointing	4279
authority if the member is barred by this section from serving as	4280
a board member. The member shall be informed in writing of the	4281
charges and afforded an opportunity for a hearing. Upon the	4282
absence of a member within one year from either four board	4283
meetings or from two board meetings without prior notice, the	4284
board shall notify the appointing authority, which may vacate the	4285
appointment and appoint another person to complete the member's	4286
term.	4287

Members of the board shall serve without compensation, but	4288
shall be reimbursed for actual and necessary expenses incurred in	4289
the performance of their official duties, as defined by rules of	4290
the department of mental health and addiction services.	4291

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	4292
health service district where the board of county commissioners	4293
has established an alcohol and drug addiction services board, the	4294
community mental health board established under former section	4295
340.02 of the Revised Code shall serve as the entity responsible	4296
for providing mental health services in the county. A community	4297
mental health board has all the powers, duties, and obligations of	4298
a board of alcohol, drug addiction, and mental health services	4299
with regard to mental health services. An alcohol and drug	4300
addiction services board has all the powers, duties, and	4301
obligations of a board of alcohol, drug addiction, and mental	4302
health services with regard to addiction services. Any provision	4303
of the Revised Code that refers to a board of alcohol, drug	4304
addiction, and mental health services with regard to mental health	4305
services also refers to a community mental health board and any	4306
provision that refers to a board of alcohol, drug addiction, and	4307
mental health services with regard to alcohol and drug addiction	4308
services also refers to an alcohol and drug addiction services	4309
board.	4310

An alcohol and drug addiction services board shall consist of	4311
eighteen members or fourteen members, at the election of the	4312
board. Not later than January 1, 2014, each alcohol and drug	4313
addiction services board shall notify the department of mental	4314
health and addiction services of its election to operate as an	4315
eighteen-member board or to operate as a fourteen-member board.	4316
The election shall be final. Failure to provide notice of its	4317
election to the department on or before January 1, 2014, shall	4318
constitute an election to continue to operate as an	4319
eighteen-member board. If an existing board provides timely notice	4320
of its election to operate as a fourteen-member board, the number	4321
of board members may decline from eighteen to fourteen by	4322
attrition as current members' terms expire. However, the	4323
composition of the board must reflect the requirements set forth	4324
in this section and in applicable provisions of section 340.02 of	4325
the Revised Code for fourteen-member boards. For boards operating	4326
as eighteen-member boards, six members shall be appointed by the	4327
director of mental health and addiction services and twelve	4328
members shall be appointed by the board of county commissioners.	4329
The director of mental health and addiction services shall ensure	4330
that at least one member of the board is a person who has received	4331
or is receiving services for alcohol, drug, or gambling addiction	4332
~~paid for with public funds~~, at least one member is a parent or	4333
relative of such a person, and at least one member is a clinician	4334
with experience in the delivery of addiction services. The	4335
membership of the board shall, as nearly as possible, reflect the	4336
composition of the population of the service district as to race	4337
and sex. Members shall be residents of the service district and	4338
shall be interested in alcohol, drug, or gambling addiction	4339
services. Requirements for membership, including prohibitions	4340
against certain family and business relationships, and terms of	4341
office shall be the same as those for members of boards of	4342
alcohol, drug addiction, and mental health services.	4343

A community mental health board shall consist of eighteen	4344
members or fourteen members, at the election of the board. Not	4345
later than January 1, 2014, each community mental health board	4346
shall notify the department of mental health and addiction	4347
services of its election to operate as an eighteen-member board or	4348
to operate as a fourteen-member board. The election shall be	4349
final. Failure to provide notice of its election to the department	4350
on or before January 1, 2014, shall constitute an election to	4351
continue to operate as an eighteen-member board. If an existing	4352
board provides timely notice of its election to operate as a	4353
fourteen-member board, the number of board members may decline	4354
from eighteen to fourteen by attrition as current members' terms	4355
expire. However, the composition of the board must reflect the	4356
requirements set forth in this section and in applicable	4357
provisions of section 340.02 of the Revised Code for	4358
fourteen-member boards. For boards operating as eighteen-member	4359
boards, six members shall be appointed by the director of mental	4360
health and addiction services and twelve members shall be	4361
appointed by the board of county commissioners. The director of	4362
mental health and addiction services shall ensure that at least	4363
one member of the board is a person who has received or is	4364
receiving mental health services ~~paid for with public funds~~, at	4365
least one member is a parent or relative of such a person, and at	4366
least one member is a clinician with experience in the delivery of	4367
mental health services. The membership of the board as nearly as	4368
possible shall reflect the composition of the population of the	4369
service district as to race and sex. Members shall be residents of	4370
the service district and shall be interested in mental health	4371
services. Requirements for membership, including prohibitions	4372
against certain family and business relationships, and terms of	4373
office shall be the same as those for members of boards of	4374
alcohol, drug addiction, and mental health services.	4375

(B)(1) If a board of county commissioners subject to division	4376
(A) of this section did not adopt a final resolution providing for	4377
a board of alcohol, drug addiction, and mental health services on	4378
or before July 1, 2007, the board of county commissioners may	4379
establish a board of alcohol, drug addiction, and mental health	4380
services on or after ~~the effective date of this amendment~~	4381
September 23, 2008. To establish the board, the board of county	4382
commissioners shall adopt a resolution providing for the board's	4383
establishment. The composition of the board, the procedures for	4384
appointing members, and all other matters related to the board and	4385
its members are subject to section 340.02 of the Revised Code,	4386
with the following exceptions:	4387

(a) For initial appointments to the board, the county's	4388
community mental health board and alcohol and drug addiction	4389
services board shall jointly recommend members of those boards for	4390
reappointment and shall submit the recommendations to the board of	4391
county commissioners and the director of mental health and	4392
addiction services.	4393

(b) To the greatest extent possible, the appointing	4394
authorities shall appoint the initial members from among the	4395
members jointly recommended under division (B)(1)(a) of this	4396
section.	4397

(2) If a board of alcohol, drug addiction, and mental health	4398
services is established pursuant to division (B)(1) of this	4399
section, the board has the same rights, privileges, immunities,	4400
powers, and duties that were possessed by the county's community	4401
mental health board and alcohol and drug addiction services board.	4402
When the board is established, all property and obligations of the	4403
community mental health board and alcohol and drug addiction	4404
services board shall be transferred to the board of alcohol, drug	4405
addiction, and mental health services.	4406

Sec. 341.12. (A) In a county not having a sufficient jail or	4407
staff, subject to division (B) of this section, the sheriff shall	4408
convey any person charged with the commission of an offense,	4409
sentenced to imprisonment in the county jail, or in custody upon	4410
civil process to a jail in any county the sheriff considers most	4411
convenient and secure. As used in this paragraph, any county	4412
includes a contiguous county in an adjoining state.	4413

The sheriff may call such aid as is necessary in guarding,	4414
transporting, or returning such person. Whoever neglects or	4415
refuses to render such aid, when so called upon, shall forfeit and	4416
pay the sum of ten dollars, to be recovered by an action in the	4417
name and for the use of the county.	4418

Such sheriff and ~~his~~the sheriff's assistants shall receive	4419
such compensation for their services as the county auditor of the	4420
county from which such person was removed considers reasonable.	4421
The compensation shall be paid from the county treasury on the	4422
warrant of the auditor.	4423

The receiving sheriff shall not, pursuant to this section,	4424
convey the person received to any county other than the one from	4425
which the person was removed.	4426

(B)(1) If Lawrence county does not have a sufficient jail in	4427
the county or staff, instead of conveying a person in a category	4428
described in division (A) of this section to a jail in any county	4429
pursuant to that division, the Lawrence county sheriff may convey	4430
the person to the river valley/Lawrence county facility in	4431
accordance with section 341.121 of the Revised Code.	4432

If a county other than Lawrence county does not have a	4433
sufficient jail or staff and has entered into an agreement with	4434
the Lawrence county sheriff as described in division (B)(1) of	4435
section 341.121 of the Revised Code, instead of conveying a person	4436
in a category described in division (A) of this section to a jail	4437
in any county pursuant to that division, the sheriff of the other	4438
county may convey the person to the river valley/Lawrence county	4439
facility in accordance with section 341.121 of the Revised Code.	4440

(2) As used in division (B)(1) of this section, "river	4441
valley/Lawrence county facility" has the same meaning as in	4442
section 341.121 of the Revised Code.	4443

Sec. 341.121. (A) As used in this section:

4444

(1) "Ohio river valley juvenile correctional facility" means	4445
the former Ohio river valley juvenile correctional facility in	4446
Franklin Furnace, Scioto county, that formerly was operated by the	4447
department of youth services.	4448

(2) "River valley/Lawrence county facility" means the portion	4449
of the Ohio river valley juvenile correctional facility that,	4450
pursuant to an agreement entered into as described in division	4451
(B)(1) of this section, the sheriff of Lawrence county is	4452
authorized to use as a jail for Lawrence county.	4453

(B) The board of county commissioners of Lawrence county, the	4454
director of youth services, the director of rehabilitation and	4455
correction, and the director of administrative services may enter	4456
into an agreement pursuant to which the sheriff of Lawrence county	4457
may use a specified portion of the Ohio river valley juvenile	4458
correctional facility as a jail for Lawrence county. The agreement	4459
shall not provide for transfer of ownership of any portion of the	4460
Ohio river valley juvenile correctional facility. If the board and	4461
the departments enter into an agreement of this nature, on and	4462
after the effective date of the agreement, all of the following	4463
apply:	4464

(1) The sheriff of Lawrence county may use the river	4465
valley/Lawrence county facility for the confinement of persons	4466
charged with the commission of an offense, sentenced to	4467
confinement for such an offense in a jail, or in custody upon	4468
civil process, if the offense occurred or the person was taken	4469
into custody under the civil process within Lawrence county or	4470
within another county that has entered into an agreement with the	4471
sheriff for the confinement of such persons in that facility;	4472

(2) The sheriff of Lawrence county shall not use the river	4473
valley/Lawrence county facility for the confinement of a juvenile	4474
who is alleged to be or is adjudicated a delinquent child or	4475
juvenile traffic offender;	4476

(3) The sheriff of Lawrence county shall not use the river	4477
valley/Lawrence county facility for any purpose listed in division	4478
(B)(1) of this section unless that facility satisfies the minimum	4479
standards for jails in Ohio promulgated pursuant to section	4480
5120.10 of the Revised Code;	4481

(4) If the sheriff of Lawrence county uses the river	4482
valley/Lawrence county facility for one or more of the purposes	4483
listed in division (B)(1) of this section, all of the following	4484
apply during that use of that facility and during the period	4485
covered by the agreement:	4486

(a) The sheriff has charge of that facility and all persons	4487
confined in it, and shall keep those persons safely, attend to	4488
that facility, and regulate that facility according to the minimum	4489
standards for jails in Ohio promulgated pursuant to section	4490
5120.10 of the Revised Code;	4491

(b) The sheriff has all responsibilities and duties regarding	4492
the operation of that facility, including, but not limited to,	4493
safe and secure operation of and staffing for that facility, food	4494
services, medical services, and other programs, services, and	4495
treatment of persons confined in it, and conveyance to and from	4496
that facility of persons who are to be or who have been confined	4497
in it, in the same manner as if that facility was a Lawrence	4498
county jail;	4499

(c) All provisions of Chapter 341. of the Revised Code,	4500
except for sections 341.13 to 341.18 of the Revised Code, apply	4501
with respect to that facility and to the sheriff in the same	4502
manner as if that facility was a Lawrence county jail, and	4503
sections 341.13 to 341.18 of the Revised Code apply with respect	4504
to that facility and the sheriff if that facility is used for	4505
confinement of persons from a county other than Lawrence county	4506
pursuant to an agreement as described in division (B)(1) of this	4507
section;	4508

(d) Lawrence county has all responsibility for the costs of	4509
operation of that facility, and for all potential liability	4510
related to the use or operation of that facility and damages to	4511
it, in the same manner as if that facility was a Lawrence county	4512
jail;	4513

(e) The sheriff has all responsibility for investigating	4514
crimes and quelling disturbances that occur in that facility, and	4515
for assisting in the prosecution of such crimes, and the	4516
prosecuting attorney of Lawrence county and prosecutors of	4517
municipal corporations located in Lawrence county have	4518
responsibility for prosecution of such crimes, in the same manner	4519
as if that facility was a Lawrence county jail;	4520

(f) The sheriff's use of that facility shall be in accordance	4521
with the terms of the agreement, to the extent that the terms are	4522
not in conflict with divisions (B)(1), (2), (3), and (4)(a) to (f)	4523
of this section.	4524

(5) If the sheriff of Lawrence county uses the river	4525
valley/Lawrence county facility for one or more of the purposes	4526
listed in division (B)(1) of this section and subsequently ceases	4527
to use that facility for those purposes, the sheriff shall vacate	4528
the facility and control of the facility immediately shall revert	4529
to the state.	4530

Sec. 757.03. As used in sections 757.03 to 757.08 of the	4531
Revised Code, "area arts council" means an arts council or other	4532
organization the purpose of which is to foster and encourage the	4533
development of the arts, including but not limited to, literature,	4534
theater, music, the dance, painting, sculpture, photography,	4535
architecture, and motion pictures.	4536

In any city or county in which there is a symphony	4537
association, area arts council, art museum, or other similar	4538
organization, which is incorporated under sections 1702.01 to	4539
1702.58 of the Revised Code, without purpose of profit to any	4540
private member or individual, but organized for the purpose of the	4541
cultivation and performance of instrumental music, the promotion	4542
of the arts, or to maintain a symphony orchestra, the board of	4543
education of any school district in such city or the educational	4544
service center governing board serving such county, or both, may	4545
pay the symphony association, council, art museum, or other	4546
organization annually, in quarterly installments, in the case of a	4547
school district board of education, a sum of not to exceed one	4548
half of one cent on each one hundred dollars of the taxable	4549
property of the district and, in the case of an educational	4550
service center governing board, a sum of not to exceed one half of	4551
one cent on each one hundred dollars of the taxable property of	4552
the territory of the service center, as valued on the tax	4553
duplicate for the next year before the date of the payment. In	4554
order to qualify for such payments, the symphony association, arts	4555
council, art museum, or other organization shall, by proper	4556
resolution of its board of trustees or other governing body,	4557
accept all applicable provisions of sections 757.03 to 757.08 of	4558
the Revised Code, and file a certified copy of the resolution with	4559
the board of education of such district or with the governing	4560
board of such educational service center prior to the date of any	4561
payment. The first of such payments may be made in the year after	4562
the filing of such certified copy.	4563

Sec. 757.04. No symphony association, area arts council, art	4564
museum, or other similar organization may receive any of the	4565
payments provided for in section 757.03 of the Revised Code until	4566
the symphony association, council, art museum, or organization, by	4567
a proper resolution adopted by its board of trustees or other	4568
governing body, has tendered to the appropriate board of education	4569
or the educational service center governing board the following:	4570

(A) The right to nominate as trustees or as members of any	4571
other governing body of the symphony association, council, art	4572
museum, or organization three members consisting of the following:	4573

(1) One member of the board of education or the educational	4574
service center governing board;	4575

(2) Either the superintendent of schools of the school	4576
district or an educational service center, or an assistant	4577
superintendent of schools of the district or an educational	4578
service center;	4579

(3) One member of the music department of the schools	4580
maintained by the board of education, to be selected by the	4581
superintendent, all three of whom so nominated shall thereupon be	4582
elected as trustees or as members of any other governing body.	4583

(B) The right to nominate for membership on the executive	4584
committee of the symphony association, council, art museum, or	4585
organization one of the three trustees of the symphony	4586
association, council, art museum, or organization, representing	4587
the board of education or the educational service center governing	4588
board as the trustees pursuant to division (A) of this section,	4589
who shall thereupon be elected a member of the executive	4590
committee;	4591

(C) The right to require the orchestra maintained by the	4592
symphony association or any performing groups maintained by the	4593
council, art museum, or organization to provide such feasible	4594
performances for the public schools or for local school districts	4595
within the educational service center system maintained or	4596
supervised by the educational service center governing board, as	4597
in the joint judgment of the board of trustees of the symphony	4598
association, council, art museum, or organization, the	4599
superintendent, and the board of education of the school district	4600
or the educational service center governing board, will serve the	4601
largest interest of the school children of the school district or	4602
the area served by the educational service center.	4603

A copy of the resolution, certified by the president and	4604
secretary of the symphony association, council, art museum, or	4605
organization, shall be filed in the office of the board of	4606
education or in the office of the educational service center	4607
governing board as a condition precedent to the receipt by the	4608
association, council, art museum, or organization of any payments.	4609

Sec. 757.05. In any city or county in which there is a	4610
symphony association, an area arts council, an art museum, or	4611
other similar organization which is incorporated, organized, and	4612
operated in the manner and for the purposes stated in section	4613
757.03 of the Revised Code, such city or county, or both, may pay	4614
the symphony association, council, art museum, or organization	4615
annually, in quarterly installments, in the case of a city, a sum	4616
not to exceed one half of one cent on each one hundred dollars of	4617
taxable property of the city as ~~value~~valued on the tax duplicate	4618
of the city or, in the case of a county, a sum not to exceed one	4619
half of one cent on each one hundred dollars of the taxable	4620
property of the county for the year next before the date of each	4621
payment. In order to qualify for such payments, the symphony	4622
association, council, art museum, or organization shall, by a	4623
proper resolution of its board of trustees or other governing	4624
body, accept all applicable provisions of sections 757.03 to	4625
757.08 of the Revised Code and file a certified copy of the	4626
resolution with the controller of the city or the board of county	4627
commissioners prior to the date of any payment. The first of such	4628
payments may be made in the year after the filing of such	4629
certified copy.	4630

Sec. 757.06. No symphony association, area arts council, art	4631
museum, or other similar organization may receive any of the	4632
payments provided for in section 757.05 of the Revised Code until	4633
the symphony association, council, art museum, or organization, by	4634
a proper resolution adopted by its board of trustees or other	4635
governing body, has tendered to the mayor, or to the legislative	4636
authority of the city if there is no mayor, or to the board of	4637
county commissioners, the following:	4638

(A) The right to nominate as trustees or as members of any	4639
other governing body of the symphony association, council, art	4640
museum, or organization, three members to be appointed by the	4641
mayor, or by the legislative authority of the city if there is no	4642
mayor, or by the board of county commissioners, one of which	4643
nominees may, in the discretion of such mayor or legislative	4644
authority, or board of county commissioners, be the mayor, or a	4645
member of the legislative authority, or the board of county	4646
commissioners, all three of whom so nominated shall thereupon be	4647
elected as trustees or as members of any other governing body;	4648

(B) The right to nominate for membership on the executive	4649
committee of the symphony association, council, art museum, or	4650
organization, one of the three trustees of the symphony	4651
association, council, art museum, or organization, representing	4652
the city or county as the trustees pursuant to division (A) of	4653
this section, which nominee may, in the discretion of the mayor or	4654
the legislative authority of the city if there is no mayor, or the	4655
board of county commissioners, be the mayor, or a member of the	4656
legislative authority, or the board of county commissioners, which	4657
nominee shall thereupon be elected a member of the executive	4658
committee;	4659

(C) The right to require the orchestra maintained by the	4660
symphony association or any performing groups maintained by the	4661
council or organization to provide such feasible popular	4662
performances at low cost, as in the joint judgment of the board of	4663
trustees of the symphony association, council, art museum, or	4664
organization, and the mayor or the legislative authority of the	4665
city if there is no mayor, or the board of county commissioners,	4666
will serve the largest interests of the citizens of the city or	4667
county.	4668

A copy of the resolution, certified by the president and	4669
secretary of the symphony association, council, art museum, or	4670
organization, shall be filed in the office of the city controller	4671
of the city or the board of county commissioners of the county, as	4672
a condition precedent to the receipt by the association or	4673
~~society~~, council, art museum, or similar organization of any	4674
payments.	4675

Sec. 757.07. After any symphony association, area arts	4676
council, art museum, or other similar organization has once filed	4677
with the board of education, the city controller, or the board of	4678
county commissioners the resolutions provided for in sections	4679
757.03 to 757.06 of the Revised Code, it need not renew the same	4680
from year to year, but each original resolution continues in force	4681
for the purposes named until, by like resolution, likewise	4682
certified and filed, any original resolution is revoked or	4683
rescinded.	4684

Sec. 757.08. So long as any symphony association, area arts	4685
council, art museum, or other similar organization does all the	4686
things it agreed to do as considerations for the benefits to be	4687
received by it under sections 757.03 to 757.08 of the Revised	4688
Code, or is able, willing, and ready to perform the same, the	4689
appropriate board of education and the educational service center	4690
governing board and the city and county may continue to make the	4691
several payments as provided in such sections.	4692

Sec. 955.01. (A)(1) Except as otherwise provided in this	4693
section or in sections 955.011, 955.012, and 955.16 of the Revised	4694
Code, every person who owns, keeps, or harbors a dog more than	4695
three months of age shall file, on or after the first day of the	4696
applicable December, but before the thirty-first day of the	4697
applicable January, in the office of the county auditor of the	4698
county in which the dog is kept or harbored, an application for	4699
registration for a period of one year or three years or an	4700
application for a permanent registration. The board of county	4701
commissioners, by resolution, may extend the period for filing the	4702
application. The application shall state the age, sex, color,	4703
character of hair, whether short or long, and breed, if known, of	4704
the dog and the name and address of the owner of the dog. A	4705
registration fee of two dollars for each year of registration for	4706
a one-year or three-year registration or twenty dollars for a	4707
permanent registration for each dog shall accompany the	4708
application. However, the fee may exceed that amount if a greater	4709
fee has been established under division (A)(2) of this section or	4710
under section 955.14 of the Revised Code.	4711

(2) A board of county commissioners may establish a	4712
registration fee higher than the one provided for in division	4713
(A)(1) of this section for dogs more than nine months of age that	4714
have not been spayed or neutered, except that the higher	4715
registration fee permitted by this division shall not apply if a	4716
person registering a dog furnishes with the application either a	4717
certificate from a licensed veterinarian verifying that the dog	4718
should not be spayed or neutered because of its age or medical	4719
condition or because the dog is used or intended for use for show	4720
or breeding purposes or a certificate from the owner of the dog	4721
declaring that the owner holds a valid hunting license issued by	4722
the division of wildlife of the department of natural resources	4723
and that the dog is used or intended for use for hunting purposes.	4724
If the board establishes such a fee, the application for	4725
registration shall state whether the dog is spayed or neutered,	4726
and whether a licensed veterinarian has certified that the dog	4727
should not be spayed or neutered or the owner has stated that the	4728
dog is used or intended to be used for hunting purposes. The board	4729
may require a person who is registering a spayed or neutered dog	4730
to furnish with the application a certificate from a licensed	4731
veterinarian verifying that the dog is spayed or neutered. No	4732
person shall furnish a certificate under this division that the	4733
person knows to be false.	4734

(B) If the application for registration is not filed and the	4735
registration fee paid, on or before the thirty-first day of the	4736
applicable January of each year or, if the board of county	4737
commissioners by resolution has extended the date to a date later	4738
than the thirty-first day of January, the date established by the	4739
board, the auditor shall assess a penalty in an amount equal to	4740
the registration fee for one year upon the owner, keeper, or	4741
harborer, which shall be paid with the registration fee.	4742

(C) An animal shelter that keeps or harbors a dog more than	4743
three months of age is exempt from paying any fees imposed under	4744
division (A) or (B) of this section if it is a nonprofit	4745
organization that is exempt from federal income taxation under	4746
subsection 501(a) and described in subsection 501(c)(3) of the	4747
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	4748

Sec. 955.05. After the thirty-first day of January of any	4749
year, except as otherwise provided in section 955.012 or 955.16 of	4750
the Revised Code, every person, immediately upon becoming the	4751
owner, keeper, or harborer of any dog more than three months of	4752
age or brought from outside the state during any year, shall file	4753
like applications, with fees, as required by section 955.01 of the	4754
Revised Code, for registration for ~~the current year~~a period of	4755
one year or three years or an application for permanent	4756
registration. If the application is not filed and the fee paid,	4757
within thirty days after the dog is acquired, becomes three months	4758
of age, or is brought from outside the state, the auditor shall	4759
assess a penalty in an amount equal to the registration fee for	4760
one year upon the owner, keeper, or harborer, which shall be paid	4761
with the registration fee. Thereafter, the owner, keeper, or	4762
harborer shall register the dog ~~for a period of one year or three~~	4763
~~years or register the dog permanently~~ as provided in section	4764
955.01 of the Revised Code, as applicable.	4765

Every person becoming the owner of a kennel of dogs after the	4766
thirty-first day of January of any year shall file like	4767
applications, with fees, as required by section 955.04 of the	4768
Revised Code, for the registration of such kennel for the current	4769
calendar year. If such application is not filed and the fee paid	4770
within thirty days after the person becomes the owner of such	4771
kennel, the auditor shall assess a penalty in an amount equal to	4772
the registration fee upon the owner of such kennel.	4773

Sec. 1321.535. ~~(A)~~ Each applicant for a mortgage loan	4774
originator license shall submit to a written test that is	4775
developed and approved by the nationwide mortgage licensing system	4776
and registry and administered by a test provider approved by the	4777
nationwide mortgage licensing system and registry based upon	4778
reasonable standards.	4779

~~(1)~~(A) The test shall adequately measure the applicant's	4780
knowledge and comprehension in appropriate subject matters,	4781
including ethics and federal and state law related to mortgage	4782
origination, fraud, consumer protection, the nontraditional	4783
mortgage marketplace, and fair lending issues.	4784

~~(2)~~(B) An individual shall not be considered to have passed	4785
the test unless the individual ~~achieves a test score of~~answers at	4786
least seventy-five per cent ~~correct answers on all~~of the	4787
questions ~~and at least seventy-five per cent correct answers on~~	4788
~~all questions relating to Ohio mortgage lending laws and the Ohio~~	4789
~~consumer sales practices act, Chapter 1345. of the Revised Code,~~	4790
~~as it applies to registrants and licensees~~correctly.	4791

~~(3)~~(C) An individual may retake the test three consecutive	4792
times provided the period between taking the tests is at least	4793
thirty days.	4794

~~(4)~~(D) After failing three consecutive tests, an individual	4795
shall be required to wait at least six months before taking the	4796
test again.	4797

~~(5)~~(E) If a mortgage loan originator fails to maintain a	4798
valid license for a period of five years or longer, the individual	4799
shall be required to retake the test. For this purpose, any time	4800
during which the individual is a registered mortgage loan	4801
originator shall not be taken into account.	4802

~~(B) Notwithstanding division (A) of this section, if the~~	4803
~~nationwide mortgage licensing system and registry fails to have in~~	4804
~~place a testing process that meets the criteria set forth in that~~	4805
~~division, the superintendent shall require, until that process is~~	4806
~~in place, evidence that the mortgage loan originator applicant~~	4807
~~passed a written test acceptable to the superintendent.~~	4808

Sec. 1321.55. (A) Every registrant shall keep records	4809
pertaining to loans made under sections 1321.51 to 1321.60 of the	4810
Revised Code. Such records shall be segregated from records	4811
pertaining to transactions that are not subject to these sections	4812
of the Revised Code. Every registrant shall preserve records	4813
pertaining to loans made under sections 1321.51 to 1321.60 of the	4814
Revised Code for at least two years after making the final entry	4815
on such records. Accounting systems maintained in whole or in part	4816
by mechanical or electronic data processing methods that provide	4817
information equivalent to that otherwise required are acceptable	4818
for this purpose. At least once each eighteen-month cycle, the	4819
division of financial institutions shall make or cause to be made	4820
an examination of records pertaining to loans made under sections	4821
1321.51 to 1321.60 of the Revised Code, for the purpose of	4822
determining whether the registrant is complying with these	4823
sections and of verifying the registrant's annual report.	4824

(B)(1) As required by the superintendent of financial	4825
institutions, each registrant shall file with the division each	4826
year aan annual report under oath or affirmation, on forms	4827
supplied by the division, concerning the business and operations	4828
for the preceding calendar year. Whenever a registrant operates	4829
two or more registered offices or whenever two or more affiliated	4830
registrants operate registered offices, then a composite report of	4831
the group of registered offices may be filed in lieu of individual	4832
reports. For purposes of compliance with this requirement, the	4833
superintendent may accept call reports or other reports of	4834
condition submitted to the nationwide mortgage licensing system	4835
and registry in lieu of the annual report.	4836

(2) The ~~division~~superintendent shall publish annually an	4837
analysis of the information required under ~~division~~divisions	4838
(B)(1) and (3) of this section, but the individual reports,	4839
whether filed with the superintendent or the nationwide mortgage	4840
licensing system and registry, shall not be public records and	4841
shall not be open to public inspection.	4842

(3) Each mortgage licensee shall submit to the nationwide	4843
mortgage licensing system and registry call reports or other	4844
reports of condition, which shall be in such form and shall	4845
contain such information as the nationwide mortgage licensing	4846
system and registry may require.	4847

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

4848

(a) Examination information, and any information leading to	4849
or arising from an examination;	4850

(b) Investigation information, and any information arising	4851
from or leading to an investigation.	4852

(2) The information described in division (C)(1) of this	4853
section shall remain confidential for all purposes except when it	4854
is necessary for the superintendent to take official action	4855
regarding the affairs of a registrant or licensee, or in	4856
connection with criminal or civil proceedings to be initiated by a	4857
prosecuting attorney or the attorney general. This information may	4858
also be introduced into evidence or disclosed when and in the	4859
manner authorized by section 1181.25 of the Revised Code.	4860

(D) All application information, except social security	4861
numbers, employer identification numbers, financial account	4862
numbers, the identity of the institution where financial accounts	4863
are maintained, personal financial information, fingerprint cards	4864
and the information contained on such cards, and criminal	4865
background information, is a public record as defined in section	4866
149.43 of the Revised Code.	4867

(E) This section does not prevent the division of financial	4868
institutions from releasing to or exchanging with other financial	4869
institution regulatory authorities information relating to	4870
registrants and licensees. For this purpose, a "financial	4871
institution regulatory authority" includes a regulator of a	4872
business activity in which a registrant or licensee is engaged, or	4873
has applied to engage in, to the extent that the regulator has	4874
jurisdiction over a registrant or licensee engaged in that	4875
business activity. A registrant or licensee is engaged in a	4876
business activity, and a regulator of that business activity has	4877
jurisdiction over the registrant or licensee, whether the	4878
registrant or licensee conducts the activity directly or a	4879
subsidiary or affiliate of the registrant or licensee conducts the	4880
activity.	4881

(1) Any confidentiality or privilege arising under federal or	4882
state law with respect to any information or material provided to	4883
the nationwide mortgage licensing system and registry shall	4884
continue to apply to the information or material after the	4885
information or material has been provided to the nationwide	4886
mortgage licensing system and registry. The information and	4887
material so provided may be shared with all state and federal	4888
regulatory officials with mortgage industry oversight authority	4889
without the loss of confidentiality or privilege protections	4890
provided by federal law or the law of any state. Information or	4891
material described in division (E)(1) of this section to which	4892
confidentiality or privilege applies shall not be subject to any	4893
of the following:	4894

(a) Disclosure under any federal or state law governing	4895
disclosure to the public of information held by an officer or an	4896
agency of the federal government or of the respective state;	4897

(b) Subpoena or discovery, or admission into evidence, in any	4898
private civil action or administrative process, unless the person	4899
to whom such information or material pertains waives, in whole or	4900
in part and at the discretion of the person, any privilege held by	4901
the nationwide mortgage licensing system and registry with respect	4902
to that information or material.	4903

(2) The superintendent, in order to promote more effective	4904
regulation and reduce regulatory burden through supervisory	4905
information sharing, may enter into sharing arrangements with	4906
other governmental agencies, the conference of state bank	4907
supervisors, and the American association of residential mortgage	4908
regulators.	4909

(3) Any state law, including section 149.43 of the Revised	4910
Code, relating to the disclosure of confidential supervisory	4911
information or any information or material described in division	4912
(C)(1) or (E)(1) of this section that is inconsistent with this	4913
section shall be superseded by the requirements of this section.	4914

(F) This section shall not apply with respect to information	4915
or material relating to the employment history of, and publicly	4916
adjudicated disciplinary and enforcement actions against, mortgage	4917
loan originators that is included in the nationwide mortgage	4918
licensing system and registry for access by the public.	4919

(G) This section does not prevent the division from releasing	4920
information relating to registrants and licensees to the attorney	4921
general, to the superintendent of real estate and professional	4922
licensing for purposes relating to the administration of Chapters	4923
4735. and 4763. of the Revised Code, to the superintendent of	4924
insurance for purposes relating to the administration of Chapter	4925
3953. of the Revised Code, to the commissioner of securities for	4926
purposes relating to the administration of Chapter 1707. of the	4927
Revised Code, or to local law enforcement agencies and local	4928
prosecutors. Information the division releases pursuant to this	4929
section remains confidential.	4930

(H) The superintendent of financial institutions shall, by	4931
rule adopted in accordance with Chapter 119. of the Revised Code,	4932
establish a process by which mortgage loan originators may	4933
challenge information provided to the nationwide mortgage	4934
licensing system and registry by the superintendent.	4935

(I) No person, in connection with any examination or	4936
investigation conducted by the superintendent under sections	4937
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	4938
the following:	4939

(1) Circumvent, interfere with, obstruct, or fail to	4940
cooperate, including making a false or misleading statement,	4941
failing to produce records, or intimidating or suborning any	4942
witness;	4943

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	4944
any books, records, computer records, or other information;	4945

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

4946

Sec. 1322.03. (A) An application for a certificate of	4947
registration as a mortgage broker shall be in writing, under oath,	4948
and in the form prescribed by the superintendent of financial	4949
institutions. The application shall be accompanied by a	4950
nonrefundable application fee of five hundred dollars for each	4951
location of an office to be maintained by the applicant in	4952
accordance with division (A) of section 1322.02 of the Revised	4953
Code and any additional fee required by the nationwide mortgage	4954
licensing system and registry. The application shall provide all	4955
of the following:	4956

(1) The location or locations where the business is to be	4957
transacted and whether any location is a residence. If any	4958
location where the business is to be transacted is a residence,	4959
the superintendent may require that the application be accompanied	4960
by a copy of a zoning permit authorizing the use of the residence	4961
for commercial purposes, or by a written opinion or other document	4962
issued by the county or political subdivision where the residence	4963
is located certifying that the use of the residence to transact	4964
business as a mortgage broker is not prohibited by the county or	4965
political subdivision.	4966

(2)(a) In the case of a sole proprietor, the name and address	4967
of the sole proprietor;	4968

(b) In the case of a partnership, the name and address of	4969
each partner;	4970

(c) In the case of a corporation, the name and address of	4971
each shareholder owning five per cent or more of the corporation;	4972

(d) In the case of any other entity, the name and address of	4973
any person that owns five per cent or more of the entity that will	4974
transact business as a mortgage broker.	4975

(3) Each applicant shall designate an employee or owner of	4976
the applicant as the applicant's operations manager. While acting	4977
as the operations manager, the employee or owner shall be licensed	4978
as a loan originator under sections 1322.01 to 1322.12 of the	4979
Revised Code and shall not be employed by any other mortgage	4980
broker.	4981

(4) Evidence that the person designated on the application	4982
pursuant to division (A)(3) of this section possesses at least	4983
three years of experience in the residential mortgage and lending	4984
field, which experience may include employment with or as a	4985
mortgage broker or with a depository institution, mortgage lending	4986
institution, or other lending institution, or possesses at least	4987
three years of other experience related specifically to the	4988
business of residential mortgage loans that the superintendent	4989
determines meets the requirements of division (A)(4) of this	4990
section;	4991

(5) Evidence that the person designated on the application	4992
pursuant to division (A)(3) of this section has successfully	4993
completed the pre-licensing instruction requirements set forth in	4994
section 1322.031 of the Revised Code;	4995

(6) Evidence of compliance with the surety bond requirements	4996
of section 1322.05 of the Revised Code and with sections 1322.01	4997
to 1322.12 of the Revised Code;	4998

(7) In the case of a foreign business entity, evidence that	4999
it maintains a license or registration pursuant to Chapter 1703.,	5000
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	5001
transact business in this state;	5002

(8) Evidence that the applicant's operations manager has	5003
successfully completed the written test required ~~under division~~	5004
~~(A) of~~by section 1322.051 of the Revised Code;	5005

(9) Any further information that the superintendent requires.

5006

(B) Upon the filing of the application and payment of the	5007
nonrefundable application fee and any fee required by the	5008
nationwide mortgage licensing system and registry, the	5009
superintendent of financial institutions shall investigate the	5010
applicant, and any individual whose identity is required to be	5011
disclosed in the application, as set forth in division (B) of this	5012
section.	5013

(1)(a) Notwithstanding division (K) of section 121.08 of the	5014
Revised Code, the superintendent shall obtain a criminal history	5015
records check and, as part of that records check, request that	5016
criminal record information from the federal bureau of	5017
investigation be obtained. To fulfill this requirement, the	5018
superintendent shall do either of the following:	5019

(i) Request the superintendent of the bureau of criminal	5020
identification and investigation, or a vendor approved by the	5021
bureau, to conduct a criminal records check based on the	5022
applicant's fingerprints or, if the fingerprints are unreadable,	5023
based on the applicant's social security number, in accordance	5024
with division (A)(12) of section 109.572 of the Revised Code;	5025

(ii) Authorize the nationwide mortgage licensing system and	5026
registry to request a criminal history background check.	5027

(b) Any fee required under division (C)(3) of section 109.572	5028
of the Revised Code or by the nationwide mortgage licensing system	5029
and registry shall be paid by the applicant.	5030

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

5031

(3) If, in order to issue a certificate of registration to an	5032
applicant, additional investigation by the superintendent outside	5033
this state is necessary, the superintendent may require the	5034
applicant to advance sufficient funds to pay the actual expenses	5035
of the investigation, if it appears that these expenses will	5036
exceed five hundred dollars. The superintendent shall provide the	5037
applicant with an itemized statement of the actual expenses that	5038
the applicant is required to pay.	5039

(C) The superintendent shall pay all funds advanced and	5040
application and renewal fees and penalties the superintendent	5041
receives pursuant to this section and section 1322.04 of the	5042
Revised Code to the treasurer of state to the credit of the	5043
consumer finance fund created in section 1321.21 of the Revised	5044
Code.	5045

(D) If an application for a mortgage broker certificate of	5046
registration does not contain all of the information required	5047
under division (A) of this section, and if that information is not	5048
submitted to the superintendent or to the nationwide mortgage	5049
licensing system and registry within ninety days after the	5050
superintendent or the nationwide mortgage licensing system and	5051
registry requests the information in writing, including by	5052
electronic transmission or facsimile, the superintendent may	5053
consider the application withdrawn.	5054

(E) A mortgage broker certificate of registration and the	5055
authority granted under that certificate is not transferable or	5056
assignable and cannot be franchised by contract or any other	5057
means.	5058

(F) The registration requirements of this chapter apply to	5059
any person acting as a mortgage broker, and no person is exempt	5060
from the requirements of this chapter on the basis of prior work	5061
or employment as a mortgage broker.	5062

(G) The superintendent may establish relationships or enter	5063
into contracts with the nationwide mortgage licensing system and	5064
registry, or any entities designated by it, to collect and	5065
maintain records and process transaction fees or other fees	5066
related to mortgage broker certificates of registration or the	5067
persons associated with a mortgage broker.	5068

Sec. 1322.031. (A) An application for a license as a loan	5069
originator shall be in writing, under oath, and in the form	5070
prescribed by the superintendent of financial institutions. The	5071
application shall be accompanied by a nonrefundable application	5072
fee of one hundred fifty dollars and any additional fee required	5073
by the nationwide mortgage licensing system and registry.	5074

(B)(1) The application shall provide evidence, acceptable to	5075
the superintendent, that the applicant has successfully completed	5076
at least twenty-four hours of pre-licensing instruction consisting	5077
of all of the following:	5078

(a) Twenty hours of instruction in a course or program of	5079
study reviewed and approved by the nationwide mortgage licensing	5080
system and registry;	5081

(b) Four hours of instruction in a course or program of study	5082
reviewed and approved by the superintendent concerning state	5083
lending laws and the Ohio consumer sales practices act, Chapter	5084
1345. of the Revised Code, as it applies to registrants and	5085
licensees.	5086

(2) Notwithstanding division (B)(1) of this section, until	5087
the nationwide mortgage licensing system and registry implements a	5088
review and approval program, the application shall provide	5089
evidence, as determined by the superintendent, that the applicant	5090
has successfully completed at least twenty-four hours of	5091
instruction in a course or program of study approved by the	5092
superintendent that consists of at least all of the following:	5093

(a) Four hours of instruction concerning state and federal	5094
mortgage lending laws, which shall include no less than two hours	5095
on this chapter;	5096

(b) Four hours of instruction concerning the Ohio consumer	5097
sales practices act, Chapter 1345. of the Revised Code, as it	5098
applies to registrants and licensees;	5099

(c) Four hours of instruction concerning the loan application	5100
process;	5101

(d) Two hours of instruction concerning the underwriting	5102
process;	5103

(e) Two hours of instruction concerning the secondary market	5104
for mortgage loans;	5105

(f) Four hours of instruction concerning the loan closing	5106
process;	5107

(g) Two hours of instruction covering basic mortgage	5108
financing concepts and terms;	5109

(h) Two hours of instruction concerning the ethical	5110
responsibilities of a registrant and a licensee, including with	5111
respect to confidentiality, consumer counseling, and the duties	5112
and standards of care created in section 1322.081 of the Revised	5113
Code.	5114

(3) For purposes of division (B)(1)(a) of this section, the	5115
review and approval of a course or program of study includes the	5116
review and approval of the provider of the course or program of	5117
study.	5118

(4) If an applicant held a valid loan originator license	5119
issued by this state at any time during the immediately preceding	5120
five-year period, the applicant shall not be required to complete	5121
any additional pre-licensing instruction. For this purpose, any	5122
time during which the individual is a registered loan originator	5123
shall not be taken into account.	5124

(5) A person having successfully completed the pre-licensing	5125
education requirement reviewed and approved by the nationwide	5126
mortgage licensing system and registry for any state within the	5127
previous five years shall be granted credit toward completion of	5128
the pre-licensing education requirement of this state.	5129

(C) In addition to the information required under division	5130
(B) of this section, the application shall provide both of the	5131
following:	5132

(1) Evidence that the applicant passed a written test that	5133
meets the requirements described in ~~division (B) of~~ section	5134
1322.051 of the Revised Code;	5135

(2) Any further information that the superintendent requires.

5136

(D) Upon the filing of the application and payment of the	5137
application fee and any fee required by the nationwide mortgage	5138
licensing system and registry, the superintendent of financial	5139
institutions shall investigate the applicant as set forth in	5140
division (D) of this section.	5141

(1)(a) Notwithstanding division (K) of section 121.08 of the	5142
Revised Code, the superintendent shall obtain a criminal history	5143
records check and, as part of the records check, request that	5144
criminal record information from the federal bureau of	5145
investigation be obtained. To fulfill this requirement, the	5146
superintendent shall do either of the following:	5147

(i) Request the superintendent of the bureau of criminal	5148
identification and investigation, or a vendor approved by the	5149
bureau, to conduct a criminal records check based on the	5150
applicant's fingerprints or, if the fingerprints are unreadable,	5151
based on the applicant's social security number, in accordance	5152
with division (A)(12) of section 109.572 of the Revised Code;	5153

(ii) Authorize the nationwide mortgage licensing system and	5154
registry to request a criminal history background check.	5155

(b) Any fee required under division (C)(3) of section 109.572	5156
of the Revised Code or by the nationwide mortgage licensing system	5157
and registry shall be paid by the applicant.	5158

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

5159

(3) If, in order to issue a license to an applicant,	5160
additional investigation by the superintendent outside this state	5161
is necessary, the superintendent may require the applicant to	5162
advance sufficient funds to pay the actual expenses of the	5163
investigation, if it appears that these expenses will exceed one	5164
hundred fifty dollars. The superintendent shall provide the	5165
applicant with an itemized statement of the actual expenses that	5166
the applicant is required to pay.	5167

(E)(1) In connection with applying for a loan originator	5168
license, the applicant shall furnish to the nationwide mortgage	5169
licensing system and registry the following information concerning	5170
the applicant's identity:	5171

(a) The applicant's fingerprints for submission to the	5172
federal bureau of investigation, and any other governmental agency	5173
or entity authorized to receive such information, for purposes of	5174
a state, national, and international criminal history background	5175
check;	5176

(b) Personal history and experience in a form prescribed by	5177
the nationwide mortgage licensing system and registry, along with	5178
authorization for the superintendent and the nationwide mortgage	5179
licensing system and registry to obtain the following:	5180

(i) An independent credit report from a consumer reporting	5181
agency;	5182

(ii) Information related to any administrative, civil, or	5183
criminal findings by any governmental jurisdiction.	5184

(2) In order to effectuate the purposes of divisions	5185
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	5186
may use the conference of state bank supervisors, or a wholly	5187
owned subsidiary, as a channeling agent for requesting information	5188
from and distributing information to the United States department	5189
of justice or any other governmental agency. The superintendent	5190
may also use the nationwide mortgage licensing system and registry	5191
as a channeling agent for requesting information from and	5192
distributing information to any source related to matters subject	5193
to those divisions of this section.	5194

(F) The superintendent shall pay all funds advanced and	5195
application and renewal fees and penalties the superintendent	5196
receives pursuant to this section and section 1322.041 of the	5197
Revised Code to the treasurer of state to the credit of the	5198
consumer finance fund created in section 1321.21 of the Revised	5199
Code.	5200

(G) If an application for a loan originator license does not	5201
contain all of the information required under this section, and if	5202
that information is not submitted to the superintendent or to the	5203
nationwide mortgage licensing system and registry within ninety	5204
days after the superintendent or the nationwide mortgage licensing	5205
system and registry requests the information in writing, including	5206
by electronic transmission or facsimile, the superintendent may	5207
consider the application withdrawn.	5208

(H)(1) The business of a loan originator shall principally be	5209
transacted at an office of the mortgage broker with whom the	5210
licensee is employed or associated, which office is registered in	5211
accordance with division (A) of section 1322.02 of the Revised	5212
Code. Each original loan originator license shall be deposited	5213
with and maintained by the mortgage broker at the mortgage	5214
broker's main office. A copy of the license shall be maintained	5215
and displayed at the office where the loan originator principally	5216
transacts business.	5217

(2) If a loan originator's employment or association is	5218
terminated for any reason, the mortgage broker shall return the	5219
original loan originator license to the superintendent within five	5220
business days after the termination. The licensee may request the	5221
transfer of the license to another mortgage broker by submitting a	5222
transfer application, along with a fifteen dollar fee and any fee	5223
required by the national mortgage licensing system and registry,	5224
to the superintendent or may request the superintendent in writing	5225
to hold the license in escrow. Any licensee whose license is held	5226
in escrow shall cease activity as a loan originator. A licensee	5227
whose license is held in escrow shall be required to apply for	5228
renewal annually and to comply with the annual continuing	5229
education requirement.	5230

(3) A mortgage broker may employ or be associated with a loan	5231
originator on a temporary basis pending the transfer of the loan	5232
originator's license to the mortgage broker, if the mortgage	5233
broker receives written confirmation from the superintendent that	5234
the loan originator is licensed under sections 1322.01 to 1322.12	5235
of the Revised Code.	5236

(4) Notwithstanding divisions (H)(1) to (3) of this section,	5237
if a licensee is employed by or associated with a person or entity	5238
listed in division (G)(2) of section 1322.01 of the Revised Code,	5239
all of the following apply:	5240

(a) The licensee shall maintain and display the original loan	5241
originator license at the office where the licensee principally	5242
transacts business;	5243

(b) If the loan originator's employment or association is	5244
terminated, the loan originator shall return the original loan	5245
originator license to the superintendent within five business days	5246
after termination. The licensee may request the transfer of the	5247
license to a mortgage broker or another person or entity listed in	5248
division (G)(2) of section 1322.01 of the Revised Code by	5249
submitting a transfer application, along with a fifteen-dollar fee	5250
and any fee required by the national mortgage licensing system and	5251
registry, to the superintendent or may request the superintendent	5252
in writing to hold the license in escrow. A licensee whose license	5253
is held in escrow shall cease activity as a loan originator. A	5254
licensee whose license is held in escrow shall be required to	5255
apply for renewal annually and to comply with the annual	5256
continuing education requirement.	5257

(c) The licensee may seek to be employed or associated with a	5258
mortgage broker or person or entity listed in division (G)(2) of	5259
section 1322.01 of the Revised Code if the mortgage broker or	5260
person or entity receives written confirmation from the	5261
superintendent that the loan originator is licensed under sections	5262
1322.01 to 1322.12 of the Revised Code.	5263

(I) The superintendent may establish relationships or enter	5264
into contracts with the nationwide mortgage licensing system and	5265
registry, or any entities designated by it, to collect and	5266
maintain records and process transaction fees or other fees	5267
related to loan originator licenses or the persons associated with	5268
a licensee.	5269

(J) A loan originator license, or the authority granted under	5270
that license, is not assignable and cannot be franchised by	5271
contract or any other means.	5272

Sec. 1322.04. (A) Upon the conclusion of the investigation	5273
required under division (B) of section 1322.03 of the Revised	5274
Code, the superintendent of financial institutions shall issue a	5275
certificate of registration to the applicant if the superintendent	5276
finds that the following conditions are met:	5277

(1) The application is accompanied by the application fee and	5278
any fee required by the nationwide mortgage licensing system and	5279
registry.	5280

(a) If a check or other draft instrument is returned to the	5281
superintendent for insufficient funds, the superintendent shall	5282
notify the applicant by certified mail, return receipt requested,	5283
that the application will be withdrawn unless the applicant,	5284
within thirty days after receipt of the notice, submits the	5285
application fee and a one-hundred-dollar penalty to the	5286
superintendent. If the applicant does not submit the application	5287
fee and penalty within that time period, or if any check or other	5288
draft instrument used to pay the fee or penalty is returned to the	5289
superintendent for insufficient funds, the application shall be	5290
withdrawn.	5291

(b) If a check or other draft instrument is returned to the	5292
superintendent for insufficient funds after the certificate of	5293
registration has been issued, the superintendent shall notify the	5294
registrant by certified mail, return receipt requested, that the	5295
certificate of registration issued in reliance on the check or	5296
other draft instrument will be canceled unless the registrant,	5297
within thirty days after receipt of the notice, submits the	5298
application fee and a one-hundred-dollar penalty to the	5299
superintendent. If the registrant does not submit the application	5300
fee and penalty within that time period, or if any check or other	5301
draft instrument used to pay the fee or penalty is returned to the	5302
superintendent for insufficient funds, the certificate of	5303
registration shall be canceled immediately without a hearing, and	5304
the registrant shall cease activity as a mortgage broker.	5305

(2) If the application is for a location that is a residence,	5306
evidence that the use of the residence to transact business as a	5307
mortgage broker is not prohibited.	5308

(3) The person designated on the application pursuant to	5309
division (A)(3) of section 1322.03 of the Revised Code meets the	5310
experience requirements provided in division (A)(4) of section	5311
1322.03 of the Revised Code and the education requirements set	5312
forth in division (A)(5) of section 1322.03 of the Revised Code.	5313

(4) The applicant maintains all necessary filings and	5314
approvals required by the secretary of state.	5315

(5) The applicant complies with the surety bond requirements	5316
of section 1322.05 of the Revised Code.	5317

(6) The applicant complies with sections 1322.01 to 1322.12	5318
of the Revised Code and the rules adopted thereunder.	5319

(7) Neither the applicant nor any person whose identity is	5320
required to be disclosed on an application for a mortgage broker	5321
certificate of registration has had a mortgage broker certificate	5322
of registration or loan originator license, or any comparable	5323
authority, revoked in any governmental jurisdiction or has pleaded	5324
guilty or nolo contendere to or been convicted of any of the	5325
following in a domestic, foreign, or military court:	5326

(a) During the seven-year period immediately preceding the	5327
date of application for the certificate of registration, a	5328
misdemeanor involving theft or any felony;	5329

(b) At any time prior to the date the application for the	5330
certificate of registration is approved, a felony involving an act	5331
of fraud, dishonesty, a breach of trust, theft, or money	5332
laundering.	5333

(8) Based on the totality of the circumstances and	5334
information submitted in the application, the applicant has proven	5335
to the superintendent, by a preponderance of the evidence, that	5336
the applicant is of good business repute, appears qualified to act	5337
as a mortgage broker, has fully complied with sections 1322.01 to	5338
1322.12 of the Revised Code and the rules adopted thereunder, and	5339
meets all of the conditions for issuing a mortgage broker	5340
certificate of registration.	5341

(9) The applicant's operations manager successfully completed	5342
the examination required ~~under division (A) of~~by section 1322.051	5343
of the Revised Code.	5344

(10) The applicant's financial responsibility, experience,	5345
character, and general fitness command the confidence of the	5346
public and warrant the belief that the business will be operated	5347
honestly and fairly in compliance with the purposes of sections	5348
1322.01 to 1322.12 of the Revised Code and the rules adopted	5349
thereunder. The superintendent shall not use a credit score as the	5350
sole basis for registration denial.	5351

(B) For purposes of determining whether an applicant that is	5352
a partnership, corporation, or other business entity or	5353
association has met the conditions set forth in divisions (A)(7),	5354
(A)(8), and (A)(10) of this section, the superintendent shall	5355
determine which partners, shareholders, or persons named in the	5356
application pursuant to division (A)(2) of section 1322.03 of the	5357
Revised Code must meet the conditions set forth in divisions	5358
(A)(7), (A)(8), and (A)(10) of this section. This determination	5359
shall be based on the extent and nature of the partner's,	5360
shareholder's, or person's ownership interest in the partnership,	5361
corporation, or other business entity or association that is the	5362
applicant and on whether the person is in a position to direct,	5363
control, or adversely influence the operations of the applicant.	5364

(C) The certificate of registration issued pursuant to	5365
division (A) of this section may be renewed annually on or before	5366
the thirty-first day of December if the superintendent finds that	5367
all of the following conditions are met:	5368

(1) The renewal application is accompanied by a nonrefundable	5369
renewal fee of five hundred dollars for each location of an office	5370
to be maintained by the applicant in accordance with division (A)	5371
of section 1322.02 of the Revised Code and any fee required by the	5372
nationwide mortgage licensing system and registry. If a check or	5373
other draft instrument is returned to the superintendent for	5374
insufficient funds, the superintendent shall notify the registrant	5375
by certified mail, return receipt requested, that the certificate	5376
of registration renewed in reliance on the check or other draft	5377
instrument will be canceled unless the registrant, within thirty	5378
days after receipt of the notice, submits the renewal fee and a	5379
one-hundred-dollar penalty to the superintendent. If the	5380
registrant does not submit the renewal fee and penalty within that	5381
time period, or if any check or other draft instrument used to pay	5382
the fee or penalty is returned to the superintendent for	5383
insufficient funds, the certificate of registration shall be	5384
canceled immediately without a hearing and the registrant shall	5385
cease activity as a mortgage broker.	5386

(2) The operations manager designated under division (A)(3)	5387
of section 1322.03 of the Revised Code has completed, at least	5388
eight hours of continuing education as required under section	5389
1322.052 of the Revised Code.	5390

(3) The applicant meets the conditions set forth in divisions	5391
(A)(2) to (10) of this section.	5392

(4) The applicant's mortgage broker certificate of	5393
registration is not subject to an order of suspension or an unpaid	5394
and past due fine imposed by the superintendent.	5395

(D)(1) Subject to division (D)(2) of this section, if a	5396
renewal fee or additional fee required by the nationwide mortgage	5397
licensing system and registry is received by the superintendent	5398
after the thirty-first day of December, the mortgage broker	5399
certificate of registration shall not be considered renewed, and	5400
the applicant shall cease activity as a mortgage broker.	5401

(2) Division (D)(1) of this section shall not apply if the	5402
applicant, no later than the thirty-first day of January, submits	5403
the renewal fee or additional fee and a one-hundred-dollar penalty	5404
to the superintendent.	5405

(E) If the person designated as the operations manager	5406
pursuant to division (A)(3) of section 1322.03 of the Revised Code	5407
is no longer the operations manager, the registrant shall do all	5408
of the following:	5409

(1) Within ninety days after the departure of the designated	5410
operations manager, designate another person as the operations	5411
manager;	5412

(2) Within ten days after the designation described in	5413
division (E)(1) of this section, notify the superintendent in	5414
writing of the designation;	5415

(3) Submit any additional information that the superintendent	5416
requires to establish that the newly designated operations manager	5417
complies with the requirements set forth in section 1322.03 of the	5418
Revised Code.	5419

(F) The registrant shall cease operations if it is without an	5420
operations manager approved by the superintendent for more than	5421
one hundred eighty days unless otherwise authorized in writing by	5422
the superintendent due to exigent circumstances.	5423

(G) Mortgage broker certificates of registration issued on or	5424
after May 1, 2010, annually expire on the thirty-first day of	5425
December.	5426

Sec. 1322.041. (A) Upon the conclusion of the investigation	5427
required under division (D) of section 1322.031 of the Revised	5428
Code, the superintendent of financial institutions shall issue a	5429
loan originator license to the applicant if the superintendent	5430
finds that the following conditions are met:	5431

(1) The application is accompanied by the application fee and	5432
any fee required by the nationwide mortgage licensing system and	5433
registry.	5434

(a) If a check or other draft instrument is returned to the	5435
superintendent for insufficient funds, the superintendent shall	5436
notify the applicant by certified mail, return receipt requested,	5437
that the application will be withdrawn unless the applicant,	5438
within thirty days after receipt of the notice, submits the	5439
application fee and a one-hundred-dollar penalty to the	5440
superintendent. If the applicant does not submit the application	5441
fee and penalty within that time period, or if any check or other	5442
draft instrument used to pay the fee or penalty is returned to the	5443
superintendent for insufficient funds, the application shall be	5444
withdrawn.	5445

(b) If a check or other draft instrument is returned to the	5446
superintendent for insufficient funds after the license has been	5447
issued, the superintendent shall notify the licensee by certified	5448
mail, return receipt requested, that the license issued in	5449
reliance on the check or other draft instrument will be canceled	5450
unless the licensee, within thirty days after receipt of the	5451
notice, submits the application fee and a one-hundred-dollar	5452
penalty to the superintendent. If the licensee does not submit the	5453
application fee and penalty within that time period, or if any	5454
check or other draft instrument used to pay the fee or penalty is	5455
returned to the superintendent for insufficient funds, the license	5456
shall be canceled immediately without a hearing, and the licensee	5457
shall cease activity as a loan originator.	5458

(2) The applicant complies with sections 1322.01 to 1322.12	5459
of the Revised Code and the rules adopted thereunder.	5460

(3) The applicant has not been convicted of or pleaded guilty	5461
or nolo contendere to any of the following in a domestic, foreign,	5462
or military court:	5463

(a) During the seven-year period immediately preceding the	5464
date of application for the license, a misdemeanor involving theft	5465
or any felony;	5466

(b) At any time prior to the date the application for the	5467
license is approved, a felony involving an act of fraud,	5468
dishonesty, a breach of trust, theft, or money laundering.	5469

(4) Based on the totality of the circumstances and	5470
information submitted in the application, the applicant has proven	5471
to the superintendent, by a preponderance of the evidence, that	5472
the applicant is of good business repute, appears qualified to act	5473
as a loan originator, has fully complied with sections 1322.01 to	5474
1322.12 of the Revised Code and the rules adopted thereunder, and	5475
meets all of the conditions for issuing a loan originator license.	5476

(5) The applicant successfully completed the written test	5477
required ~~under division (B) of~~by section 1322.051 of the Revised	5478
Code and completed the prelicensing instruction set forth in	5479
division (B) of section 1322.031 of the Revised Code.	5480

(6) The applicant's financial responsibility, character, and	5481
general fitness command the confidence of the public and warrant	5482
the belief that the business will be operated honestly and fairly	5483
in compliance with the purposes of sections 1322.01 to 1322.12 of	5484
the Revised Code. The superintendent shall not use a credit score	5485
as the sole basis for a license denial.	5486

(7) The applicant is in compliance with the surety bond	5487
requirements of section 1322.05 of the Revised Code.	5488

(8) The applicant has not had a loan originator license, or	5489
comparable authority, revoked in any governmental jurisdiction.	5490

(B) The license issued under division (A) of this section may	5491
be renewed annually on or before the thirty-first day of December	5492
if the superintendent finds that all of the following conditions	5493
are met:	5494

(1) The renewal application is accompanied by a nonrefundable	5495
renewal fee of one hundred fifty dollars and any fee required by	5496
the nationwide mortgage licensing system and registry. If a check	5497
or other draft instrument is returned to the superintendent for	5498
insufficient funds, the superintendent shall notify the licensee	5499
by certified mail, return receipt requested, that the license	5500
renewed in reliance on the check or other draft instrument will be	5501
canceled unless the licensee, within thirty days after receipt of	5502
the notice, submits the renewal fee and a one-hundred-dollar	5503
penalty to the superintendent. If the licensee does not submit the	5504
renewal fee and penalty within that time period, or if any check	5505
or other draft instrument used to pay the fee or penalty is	5506
returned to the superintendent for insufficient funds, the license	5507
shall be canceled immediately without a hearing, and the licensee	5508
shall cease activity as a loan originator.	5509

(2) The applicant has completed at least eight hours of	5510
continuing education as required under section 1322.052 of the	5511
Revised Code.	5512

(3) The applicant meets the conditions set forth in divisions	5513
(A)(2) to (8) of this section; provided, however, that an	5514
applicant who was issued a loan officer license prior to January	5515
1, 2010, and has continuously maintained that license shall not be	5516
required to meet the condition described in division (B)(1)(b) of	5517
section 1322.031 of the Revised Code.	5518

(4) The applicant's license is not subject to an order of	5519
suspension or an unpaid and past due fine imposed by the	5520
superintendent.	5521

(C)(1) Subject to division (C)(2) of this section, if a	5522
license renewal application or renewal fee, including any fee	5523
required by the nationwide mortgage licensing system and registry,	5524
is received by the superintendent after the thirty-first day of	5525
December, the license shall not be considered renewed, and the	5526
applicant shall cease activity as a loan originator.	5527

(2) Division (C)(1) of this section shall not apply if the	5528
applicant, no later than the thirty-first day of January, submits	5529
the renewal application and fees and a one-hundred-dollar penalty	5530
to the superintendent.	5531

(D) Loan originator licenses issued on or after May 1, 2010,	5532
annually expire on the thirty-first day of December.	5533

Sec. 1322.051. ~~(A)~~ Each person designated under division	5534
(A)(3) of section 1322.03 of the Revised Code to act as operations	5535
manager for a mortgage broker business ~~shall submit to a written~~	5536
~~test approved by the superintendent of financial institutions. An~~	5537
~~individual shall not be considered to have passed the written test~~	5538
~~unless the individual achieves a test score of at least~~	5539
~~seventy-five per cent correct answers to all questions.~~	5540

~~(B) Each~~and each applicant for a loan originator license	5541
shall submit to a written test that is developed and approved by	5542
the nationwide mortgage licensing system and registry and	5543
administered by a test provider approved by the nationwide	5544
mortgage licensing system and registry based on reasonable	5545
standards.	5546

~~(1)~~(A) The test shall adequately measure the designee's or	5547
applicant's knowledge and comprehension in appropriate subject	5548
areas, including ethics, federal and state law related to mortgage	5549
origination, fraud, consumer protection, and the nontraditional	5550
mortgage marketplace, and fair lending issues.	5551

~~(2)~~(B) An individual shall not be considered to have passed	5552
the written test unless the individual ~~achieves a test score of~~	5553
answers at least seventy-five per cent ~~correct answers on all~~of	5554
the questions ~~and at least seventy-five per cent correct answers~~	5555
~~on all questions relating to state mortgage lending laws and the~~	5556
~~Ohio consumer sales practices act, Chapter 1345. of the Revised~~	5557
~~Code, as it applies to registrants and licensees~~correctly.	5558

~~(3)~~(C) An individual may retake the test three consecutive	5559
times provided the period between taking the tests is at least	5560
thirty days. If an individual fails three consecutive tests, the	5561
individual shall be required to wait at least six months before	5562
taking the test again.	5563

~~(4)~~(D) If a loan originator fails to maintain a valid loan	5564
originator license for a period of five years or longer, the	5565
individual shall be required to retake the test.	5566

For this purpose, any time during which the individual is a	5567
registered loan originator shall not be taken into account.	5568

~~(C) Notwithstanding division (B) of this section, until the~~	5569
~~nationwide mortgage licensing system and registry implements a~~	5570
~~testing process that meets the criteria set forth in that~~	5571
~~division, the superintendent shall require each applicant to pass~~	5572
~~a written test acceptable to the superintendent.~~	5573

Sec. 1322.06. (A) As often as the superintendent of	5574
financial institutions considers it necessary, the superintendent	5575
may examine the registrant's or licensee's records, including all	5576
records created or processed by a licensee, pertaining to business	5577
transacted pursuant to sections 1322.01 to 1322.12 of the Revised	5578
Code.	5579

(B) A registrant or licensee shall maintain records	5580
pertaining to business transacted pursuant to sections 1322.01 to	5581
1322.12 of the Revised Code, including copies of all mortgage loan	5582
origination disclosure statements prepared in accordance with	5583
section 1322.062 of the Revised Code, for four years. For purposes	5584
of this division, "registrant or licensee" includes any person	5585
whose certificate of registration or license is cancelled,	5586
surrendered, or revoked or who otherwise ceases to engage in	5587
business as a mortgage broker or loan originator.	5588

No registrant or licensee shall fail to comply with this	5589
division.	5590

(C) Each registrant and licensee shall submit to the	5591
nationwide mortgage licensing system and registry call reports or	5592
other reports of condition, which reports shall be in such form	5593
and shall contain such information as the nationwide mortgage	5594
licensing system and registry may require.	5595

(D)(1) As required by the superintendent, each registrant	5596
shall file with the division of financial institutions an annual	5597
report under oath or affirmation, on forms supplied by the	5598
division, concerning the business and operations of the registrant	5599
for the preceding calendar year. If a registrant operates two or	5600
more registered offices, or two or more affiliated registrants	5601
operate registered offices, a composite report of the group of	5602
registered offices may be filed in lieu of individual reports. For	5603
purposes of compliance with this requirement, the superintendent	5604
may accept call reports or other reports of condition submitted to	5605
the nationwide mortgage licensing system and registry in lieu of	5606
the annual report.	5607

(2) The ~~division~~superintendent shall publish annually an	5608
analysis of the information required under division (D)(1) of this	5609
section, but the individual reports, whether filed with the	5610
superintendent or the nationwide mortgage licensing system and	5611
registry, shall not be public records and shall not be open to	5612
public inspection or otherwise be subject to section 149.43 of the	5613
Revised Code.	5614

Sec. 1322.11. (A)(1) A buyer injured by a violation of	5615
section 1322.02, 1322.062, ~~1322.063,~~ 1322.064, 1322.07, 1322.071,	5616
1322.08, or 1322.09 of the Revised Code may bring an action for	5617
recovery of damages.	5618

(2) Damages awarded under division (A)(1) of this section	5619
shall not be less than all compensation paid directly and	5620
indirectly to a mortgage broker or loan originator from any	5621
source, plus reasonable attorney's fees and court costs.	5622

(3) The buyer may be awarded punitive damages.

5623

(B)(1) The superintendent of financial institutions or a	5624
buyer may directly bring an action to enjoin a violation of	5625
sections 1322.01 to 1322.12 of the Revised Code. The attorney	5626
general may directly bring an action to enjoin a violation of	5627
sections 1322.01 to 1322.12 of the Revised Code with the same	5628
rights, privileges, and powers as those described in section	5629
1345.06 of the Revised Code. The prosecuting attorney of the	5630
county in which the action may be brought may bring an action to	5631
enjoin a violation of sections 1322.01 to 1322.12 of the Revised	5632
Code only if the prosecuting attorney first presents any evidence	5633
of the violation to the attorney general and, within a reasonable	5634
period of time, the attorney general has not agreed to bring the	5635
action.	5636

(2) The superintendent may initiate criminal proceedings	5637
under sections 1322.01 to 1322.12 of the Revised Code by	5638
presenting any evidence of criminal violation to the prosecuting	5639
attorney of the county in which the offense may be prosecuted. If	5640
the prosecuting attorney does not prosecute the violations, or at	5641
the request of the prosecuting attorney, the superintendent shall	5642
present any evidence of criminal violations to the attorney	5643
general, who may proceed in the prosecution with all the rights,	5644
privileges, and powers conferred by law on prosecuting attorneys,	5645
including the power to appear before grand juries and to	5646
interrogate witnesses before such grand juries. These powers of	5647
the attorney general shall be in addition to any other applicable	5648
powers of the attorney general.	5649

(3) The prosecuting attorney of the county in which an	5650
alleged offense may be prosecuted may initiate criminal	5651
proceedings under sections 1322.01 to 1322.12 of the Revised Code.	5652

(4) In order to initiate criminal proceedings under sections	5653
1322.01 to 1322.12 of the Revised Code, the attorney general shall	5654
first present any evidence of criminal violations to the	5655
prosecuting attorney of the county in which the alleged offense	5656
may be prosecuted. If, within a reasonable period of time, the	5657
prosecuting attorney has not agreed to prosecute the violations,	5658
the attorney general may proceed in the prosecution with all the	5659
rights, privileges, and powers described in division (B)(2) of	5660
this section.	5661

(5) When a judgment under this section becomes final, the	5662
clerk of court shall mail a copy of the judgment, including	5663
supporting opinions, to the superintendent.	5664

(C) The remedies provided by this section are in addition to	5665
any other remedy provided by law.	5666

(D) In any proceeding or action brought under sections	5667
1322.01 to 1322.12 of the Revised Code, the burden of proving an	5668
exemption under those sections is on the person claiming the	5669
benefit of the exemption.	5670

(E) No person shall be deemed to violate sections 1322.01 to	5671
1322.12 of the Revised Code with respect to any act taken or	5672
omission made in reliance on a written notice, written	5673
interpretation, or written report from the superintendent, unless	5674
there is a subsequent amendment to those sections, or rules	5675
promulgated thereunder, that affects the superintendent's notice,	5676
interpretation, or report.	5677

(F) Upon disbursement of mortgage loan proceeds to or on	5678
behalf of the buyer, the registrant that assisted the buyer to	5679
obtain the mortgage loan is deemed to have completed the	5680
performance of the registrant's services for the buyer and owes no	5681
additional duties or obligations to the buyer with respect to the	5682
mortgage loan. However, nothing in this division shall be	5683
construed to limit or preclude the civil or criminal liability of	5684
a registrant for failing to comply with sections 1322.01 to	5685
1322.12 of the Revised Code or any rule adopted under those	5686
sections, for failing to comply with any provision of or duty	5687
arising under an agreement with a buyer or lender under sections	5688
1322.01 to 1322.12 of the Revised Code, or for violating any other	5689
provision of state or federal law.	5690

(G) A buyer injured by a violation of any of the sections	5691
specified in division (A)(1) of this section is precluded from	5692
recovering any damages, plus reasonable attorney's fees and costs,	5693
if the buyer has also recovered any damages in a cause of action	5694
initiated under section 1322.081 of the Revised Code and the	5695
recovery of damages for a violation of any of the sections	5696
specified in division (A)(1) of this section is based on the same	5697
acts or circumstances as the basis for recovery of damages in	5698
section 1322.081 of the Revised Code.	5699

Sec. 1345.06. (A) If, by ~~his~~the attorney general's own	5700
inquiries or as a result of complaints, the attorney general has	5701
reasonable cause to believe that a person has engaged or is	5702
engaging in an act or practice that violates Chapter 1345. of the	5703
Revised Code, he may investigate.	5704

(B) For this purpose, the attorney general may administer	5705
oaths, subpoena witnesses, adduce evidence, and require the	5706
production of relevant matter.	5707

If matter that the attorney general requires to be produced	5708
is located outside the state, hethe attorney general may	5709
designate representatives, including officials of the state in	5710
which the matter is located, to inspect the matter on ~~his~~the	5711
attorney general's behalf, and hethe attorney general may respond	5712
to similar requests from officials of other states. The person	5713
subpoenaed may make the matter available to the attorney general	5714
at a convenient location within the state or pay the reasonable	5715
and necessary expenses for the attorney general or ~~his~~the	5716
attorney general's representative to examine the matter at the	5717
place where it is located, provided that expenses shall not be	5718
charged to a party not subsequently found to have engaged in an	5719
act or practice violative of Chapter 1345. of the Revised Code.	5720

(C) Within twenty days after a subpoena has been served, a	5721
person subpoenaed under this section may file a motion to extend	5722
the return day, or to modify or quash the subpoena, stating good	5723
cause, ~~may be filed~~ in the court of common pleas of Franklin	5724
county or ~~the~~any other county in ~~which the person served resides~~	5725
~~or has his principal place of business~~this state.	5726

(D) A person subpoenaed under this section shall comply with	5727
the terms of the subpoena, unless the parties agree to modify the	5728
terms of the subpoena or unless the court has modified or quashed	5729
the subpoena, extended the return day of the subpoena, or issued	5730
any other order with respect to the subpoena prior to its return	5731
day.	5732

If a person fails without lawful excuse to obey a subpoena or	5733
to produce relevant matter, the attorney general may apply to the	5734
court of common pleas of ~~the~~Franklin county or any other county	5735
in ~~which the person subpoenaed resides or has his principal place~~	5736
~~of business~~this state for an order compelling compliance.	5737

(E) The attorney general may request that an individual who	5738
refuses to testify or to produce relevant matter on the ground	5739
that the testimony or matter may incriminate ~~him~~the individual be	5740
ordered by the court to provide the testimony or matter. With the	5741
exception of a prosecution for perjury and an action for damages	5742
under section 1345.07 or 1345.09 of the Revised Code, an	5743
individual who complies with a court order to provide testimony or	5744
matter, after asserting a privilege against self-incrimination to	5745
which hethe individual is entitled by law, shall not be subjected	5746
to a criminal proceeding or to a civil penalty or forfeiture on	5747
the basis of the testimony or matter required to be disclosed or	5748
testimony or matter discovered through that testimony or matter.	5749

(F) The attorney general may:

5750

(1) During an investigation under this section, afford, in a	5751
manner considered appropriate to ~~him~~to the attorney general, a	5752
supplier an opportunity to cease and desist from any suspected	5753
violation. HeThe attorney general may suspend ~~his~~such an	5754
investigation during the time period that hethe attorney general	5755
permits the supplier to cease and desist; however, the suspension	5756
of the investigation or the affording of an opportunity to cease	5757
and desist shall not prejudice or prohibit any further	5758
investigation by the attorney general under this section.	5759

(2) Terminate an investigation under this section upon	5760
acceptance of a written assurance of voluntary compliance from a	5761
supplier who is suspected of a violation of this chapter.	5762

Acceptance of an assurance may be conditioned upon an	5763
undertaking to reimburse or to take other appropriate corrective	5764
action with respect to identifiable consumers damaged by an	5765
alleged violation of this chapter. An assurance of compliance	5766
given by a supplier is not evidence of violation of this chapter.	5767
The attorney general may, at any time, reopen an investigation	5768
terminated by the acceptance of an assurance of voluntary	5769
compliance, if hethe attorney general believes that further	5770
proceedings are in the public interest. Evidence of a violation of	5771
an assurance of voluntary compliance is prima-facie evidence of an	5772
act or practice in violation of this chapter, if presented after	5773
the violation in an action brought under this chapter. An	5774
assurance of voluntary compliance may be filed with the court and	5775
if approved by the court, entered as a consent judgment.	5776

(G) The procedures available to the attorney general under	5777
this section are cumulative and concurrent, and the exercise of	5778
one procedure by the attorney general does not preclude or require	5779
the exercise of any other procedure.	5780

Sec. 1541.50. (A) There is hereby created the state	5781
recreational vehicle fund advisory board consisting of seven	5782
members. Not later than sixty days after the effective date of	5783
this section, the director of natural resources shall appoint all	5784
of the following members to the board:	5785

(1) Two members who shall represent snowmobile users;

5786

(2) Two members who shall represent all-purpose vehicle	5787
users;	5788

(3) Two members who shall represent off-highway motorcycle	5789
users;	5790

(4) One member who shall represent power sport dealers.

5791

Of the initial appointments to the board, two shall serve for	5792
a one-year term, two shall serve for a two-year term, and three	5793
shall serve for a three-year term. Thereafter, terms of office	5794
shall be for three years, with each term ending on the same day of	5795
the same month as did the term that it succeeds. Each member shall	5796
hold office from the date of appointment until the end of the term	5797
for which the member was appointed.	5798

(B) After the initial appointments, the director of natural	5799
resources shall appoint members of the board in consultation with	5800
the following:	5801

(1) A list of candidates provided by a recognized statewide	5802
organization representing snowmobile users if the member being	5803
appointed will replace a member who represents snowmobile users;	5804

(2) A list of candidates provided by a recognized statewide	5805
organization representing all-purpose vehicle users if the member	5806
being appointed will replace a member who represents all-purpose	5807
vehicle users;	5808

(3) A list of candidates provided by a recognized statewide	5809
organization representing off-highway motorcycle users if the	5810
member being appointed will replace a member who represents	5811
off-highway motorcycle users;	5812

(4) A list of candidates provided by a recognized statewide	5813
organization representing power sport dealers if the member being	5814
appointed will replace a member who represents power sport	5815
dealers.	5816

Two weeks prior to the expiration of a member's term of	5817
office, or as soon as possible prior to or after a vacancy on the	5818
board, an applicable organization shall submit a list of	5819
candidates for the position.	5820

(C) Members may be reappointed. Any member appointed to fill	5821
a vacancy occurring prior to the expiration date of the term for	5822
which the member was appointed shall serve for the remainder of	5823
that term. A member shall continue to serve subsequent to the	5824
expiration date of the member's term until the member's successor	5825
takes office or until a period of sixty days has elapsed,	5826
whichever occurs first.	5827

(D) Serving as a member of the board does not constitute	5828
holding a public office or position of employment under the laws	5829
of this state and does not constitute grounds for removal of	5830
public officers or employees from their offices or positions of	5831
employment.	5832

(E) A board member shall be reimbursed for actual and	5833
necessary expenses incurred in the discharge of duties as a board	5834
member.	5835

(F) The state recreational vehicle fund advisory board shall	5836
provide advice to the department of natural resources regarding	5837
the use of state recreational vehicle fund money. The board also	5838
shall study the feasibility of establishing a grant program to	5839
fund recreational vehicle projects on both public and private	5840
lands. Not later than one year after the effective date of this	5841
section, the board shall issue a report of its findings and	5842
recommendations to the director of natural resources, the	5843
president and minority leader of the senate, the speaker and	5844
minority leader of the house of representatives, and the	5845
chairperson and the ranking minority member of the committee of	5846
the house of representatives and the committee of the senate with	5847
primary responsibility over issues related to natural resources.	5848

Sec. 1711.50. As used in sections 1711.50 to 1711.57 of the	5849
Revised Code:	5850

(A) "Amusement ride" means any mechanical, aquatic, or	5851
inflatable device, or combination of those devices that carries or	5852
conveys passengers on, along, around, over, or through a fixed or	5853
restricted course or within a defined area for the purpose of	5854
providing amusement, pleasure, or excitement. "Amusement ride"	5855
includes carnival rides, bungee jumping facilities, and fair	5856
rides, but does not include passenger tramways as defined in	5857
section 4169.01 of the Revised Code or amusement rides operated	5858
solely at trade shows for a limited period of time. For purposes	5859
of this division ~~(A) of this section~~, "trade show" means a place	5860
of exhibition not open to the general public where amusement ride	5861
manufacturers display, promote, operate, and sell amusement rides	5862
to prospective purchasers.	5863

(B) "Temporary amusement ride" means an amusement ride that	5864
is relocated at least once per year with or without disassembly.	5865

(C) "Permanent amusement ride" means an amusement ride that	5866
is erected to remain a lasting part of the premises.	5867

(D) "Owner" means any person who owns or leases and controls	5868
or manages the operation of an amusement ride, and includes	5869
individuals, partnerships, corporations, both profit and	5870
nonprofit, and the state and any of its political subdivisions and	5871
their departments or agencies.	5872

(E) "Operation" means the use or operation, or both, of an	5873
amusement ride with riders.	5874

(F) "Rider" means any person who sits, stands, or is	5875
otherwise conveyed or carried as a passenger on an amusement ride,	5876
but does not include employees or agents of the owner of the	5877
amusement ride.	5878

(G) "Amusement ride operator" means any person causing the	5879
amusement ride to go, stop, or perform its function.	5880

(H) "Reassembly" means the installation, erection, or	5881
reconstruction of the main mechanical, safety, electrical, or	5882
electronic components of an amusement ride following	5883
transportation or storage and prior to operation. Replacement of	5884
mechanical, safety, electrical, or electronic components of an	5885
amusement ride for the purpose of repair or maintenance is not	5886
reassembly.	5887

(I) "Repair" means to restore an amusement ride to a	5888
condition equal to or better than original design specifications.	5889

(J) "Maintenance" means the preservation and upkeep of an	5890
amusement ride for the purpose of maintaining its designed	5891
operational capability.	5892

(K) "Inspection" means a physical examination of an amusement	5893
ride by an inspector for the purpose of approving the application	5894
for a permit. "Inspection" includes a reinspection.	5895

(L) "Accident" means an occurrence during the operation of an	5896
amusement ride ~~which~~that results in death or injury requiring	5897
immediate hospital admission.	5898

(M) "Serious injury" means an injury that does not require	5899
immediate hospital admission but does require medical treatment,	5900
other than first aid, by a physician.	5901

(N) "First aid" means the one-time treatment or subsequent	5902
observation of scratches, cuts not requiring stitches, burns,	5903
splinters, and contusions or a diagnostic procedure, including	5904
examinations and x-rays, ~~which~~that does not ordinarily require	5905
medical treatment even though provided by a physician or other	5906
licensed professional personnel.	5907

(O) "Advisory council" means the advisory council on	5908
amusement ride safety created by section 1711.51 of the Revised	5909
Code.	5910

(P) "Safe operation" means, except as provided in section	5911
1711.57 of the Revised Code, the practical application of	5912
maintenance, inspection, and operational processes, as indicated	5913
by the manufacturer, owner, or advisory council, that secures a	5914
rider from threat of physical danger, harm, or loss.	5915

(Q) "Private facility" means any facility that is accessible	5916
only to members of the facility and not accessible to the general	5917
public, even upon payment of a fee or charge, and that requires	5918
approval for membership by a membership committee representing the	5919
current members who have a policy requiring monetary payment to	5920
belong to the facility.	5921

(R) "Bungee jumping" means a fall or jump from a height by an	5922
individual who is attached to an elastic cord that prevents the	5923
individual from hitting the ground, water, or other solid,	5924
semi-solid, liquid, or elastic surface.	5925

(S) "Bungee jumping facility" means a device or structure	5926
utilized for bungee jumping.	5927

(T) "Kiddie ride" means an amusement ride designed for use by	5928
children under thirteen years of age who are unaccompanied by	5929
another person. "Kiddie ride" includes a roller coaster that is	5930
not more than forty feet in elevation at any point on the ride.	5931

Sec. 1711.53. (A)(1) No person shall operate an amusement	5932
ride within the state without a permit issued by the director of	5933
agriculture under division (A)(2) of this section. The owner of an	5934
amusement ride, whether the ride is a temporary amusement ride or	5935
a permanent amusement ride, who desires to operate the amusement	5936
ride within the state shall, prior to the operation of the	5937
amusement ride and annually thereafter, submit to the department	5938
of agriculture an application for a permit, together with the	5939
appropriate permit and inspection fee, on a form to be furnished	5940
by the department. Prior to issuing any permit the department	5941
shall, within thirty days after the date on which it receives the	5942
application, inspect each amusement ride described in the	5943
application. The owner of an amusement ride shall have the	5944
amusement ride ready for inspection not later than two hours after	5945
the time that is requested by the person for the inspection.	5946

(2) For each amusement ride found to comply with the rules	5947
adopted by the director under division (B) of this section and	5948
division (B) of section 1711.551 of the Revised Code, the director	5949
shall issue an annual permit, provided that evidence of liability	5950
insurance coverage for the amusement ride as required by section	5951
1711.54 of the Revised Code is on file with the department.	5952

(3) The director shall issue with each permit a decal	5953
indicating that the amusement ride has been issued the permit. The	5954
owner of the amusement ride shall affix the decal on the ride at a	5955
location where the decal is easily visible to the patrons of the	5956
ride. A copy of the permit shall be kept on file at the same	5957
address as the location of the amusement ride identified on the	5958
permit, and shall be made available for inspection, upon	5959
reasonable demand, by any person. An owner may operate an	5960
amusement ride prior to obtaining a permit, provided that the	5961
operation is for the purpose of testing the amusement ride or	5962
training amusement ride operators and other employees of the owner	5963
and the amusement ride is not open to the public.	5964

(B) The director, in accordance with Chapter 119. of the	5965
Revised Code, shall adopt rules providing for a schedule of fines,	5966
with no fine exceeding five thousand dollars, for violations of	5967
sections 1711.50 to 1711.57 of the Revised Code or any rules	5968
adopted under this division and for the classification of	5969
amusement rides and rules for the safe operation and inspection of	5970
all amusement rides as are necessary for amusement ride safety and	5971
for the protection of the general public. Rules adopted by the	5972
director for the safe operation and inspection of amusement rides	5973
shall be reasonable and based upon generally accepted engineering	5974
standards and practices. In adopting rules under this section, the	5975
director may adopt by reference, in whole or in part, the national	5976
fire code or the national electrical code (NEC) prepared by the	5977
national fire protection association, the standards of the	5978
American society for testing and materials (ASTM) or the American	5979
national standards institute (ANSI), or any other principles,	5980
tests, or standards of nationally recognized technical or	5981
scientific authorities. Insofar as is practicable and consistent	5982
with sections 1711.50 to 1711.57 of the Revised Code, rules	5983
adopted under this division shall be consistent with the rules of	5984
other states. The department shall cause sections 1711.50 to	5985
1711.57 of the Revised Code and the rules adopted in accordance	5986
with this division and division (B) of section 1711.551 of the	5987
Revised Code to be published in pamphlet form and a copy to be	5988
furnished without charge to each owner of an amusement ride who	5989
holds a current permit or is an applicant therefor.	5990

(C) With respect to an application for a permit for an	5991
amusement ride, an owner may apply to the director for a waiver or	5992
modification of any rule adopted under division (B) of this	5993
section if there are practical difficulties or unnecessary	5994
hardships for the amusement ride to comply with the rules. Any	5995
application shall set forth the reasons for the request. The	5996
director, with the approval of the advisory council on amusement	5997
ride safety, may waive or modify the application of a rule to any	5998
amusement ride if the public safety is secure. Any authorization	5999
by the director under this division shall be in writing and shall	6000
set forth the conditions under which the waiver or modification is	6001
authorized, and the department shall retain separate records of	6002
all proceedings under this division.	6003

(D)(1) The director shall employ and provide for training of	6004
a chief inspector and additional inspectors and employees as may	6005
be necessary to administer and enforce sections 1711.50 to 1711.57	6006
of the Revised Code. The director may appoint or contract with	6007
other persons to perform inspections of amusement rides, provided	6008
that the persons meet the qualifications for inspectors	6009
established by rules adopted under division (B) of this section	6010
and are not owners, or employees of owners, of any amusement ride	6011
subject to inspection under sections 1711.50 to 1711.57 of the	6012
Revised Code. No person shall inspect an amusement ride who,	6013
within six months prior to the date of inspection, was an employee	6014
of the owner of the ride.	6015

(2) Before the director contracts with other persons to	6016
inspect amusement rides, the director shall seek the advice of the	6017
advisory council on amusement ride safety on whether to contract	6018
with those persons. The advice shall not be binding upon the	6019
director. After having received the advice of the council, the	6020
director may proceed to contract with inspectors in accordance	6021
with the procedures specified in division (E)(2) of section	6022
1711.11 of the Revised Code.	6023

(3) With the advice and consent of the advisory council on	6024
amusement ride safety, the director may employ a special	6025
consultant to conduct an independent investigation of an amusement	6026
ride accident. This consultant need not be in the civil service of	6027
the state, but shall have qualifications to conduct the	6028
investigation acceptable to the council.	6029

(E)(1) Except as otherwise provided in division (E)(1) of	6030
this section, the department shall charge the following amusement	6031
ride fees:	6032

Permit		$	150	6033
Annual inspection and reinspection per ride:				6034
	Kiddie rides	$	100	6035
	Roller coaster	$	~~950~~ 1,200	6036
	Aerial lifts or bungee jumping facilities	$	450	6037
	Go karts, per kart	$	5	6038
	Inflatable rides, kiddie and adult	$	105	6039
	Other rides	$	160	6040
Midseason operational inspection per ride		$	25	6041
Expedited inspection per ride		$	100	6042
Failure to cancel scheduled inspection per ride		$	100	6043
Failure to have amusement ride ready for inspection				6044
per ride		$	100	6045

The go kart inspection fee is in addition to the inspection	6046
fee for the go kart track.	6047

The fees for an expedited inspection, failure to cancel a	6048
scheduled inspection, and failure to have an amusement ride ready	6049
for inspection do not apply to go karts.	6050

As used in division (E)(1) of this section, "expedited	6051
inspection" means an inspection of an amusement ride by the	6052
department not later than ten days after the owner of the	6053
amusement ride files an application for a permit under this	6054
section.	6055

(2) All fees and fines collected by the department under	6056
sections 1711.50 to 1711.57 of the Revised Code shall be deposited	6057
in the state treasury to the credit of the amusement ride	6058
inspection fund, which is hereby created, and shall be used only	6059
for the purpose of administering and enforcing sections 1711.11	6060
and 1711.50 to 1711.57 of the Revised Code.	6061

(3) The owner of an amusement ride shall be required to pay a	6062
reinspection fee only if the reinspection was conducted at the	6063
owner's request under division (F) of this section, if the	6064
reinspection is required by division (F) of this section because	6065
of an accident, or if the reinspection is required by division (F)	6066
of section 1711.55 of the Revised Code. If a reinspection is	6067
conducted at the request of the chief officer of a fair, festival,	6068
or event where the ride is operating, the reinspection fee shall	6069
be charged to the fair, festival, or event.	6070

(4) The rules adopted under division (B) of this section	6071
shall define ~~"kiddie rides,"~~ "roller coaster," "aerial lifts," "go	6072
karts," and "other rides" for purposes of determining the fees	6073
under division (E) of this section. The rules shall define "other	6074
rides" to include go kart tracks.	6075

(F) A reinspection of an amusement ride shall take place if	6076
an accident occurs, if the owner of the ride or the chief officer	6077
of the fair, festival, or event where the ride is operating	6078
requests a reinspection, or if the reinspection is required by	6079
division (F) of section 1711.55 of the Revised Code.	6080

(G) As a supplement to its annual inspection of a temporary	6081
amusement ride, the department may inspect the ride during each	6082
scheduled event, as listed in the schedule of events provided to	6083
the department by the owner pursuant to division (C) of section	6084
1711.55 of the Revised Code, at which the ride is operated in this	6085
state. These supplemental inspections are in addition to any other	6086
inspection or reinspection of the ride as may be required under	6087
sections 1711.50 to 1711.57 of the Revised Code, and the owner of	6088
the temporary amusement ride is not required to pay an inspection	6089
or reinspection fee for this supplemental inspection. Nothing in	6090
this division shall be construed to prohibit the owner of a	6091
temporary amusement ride having a valid permit to operate in this	6092
state from operating the ride at a scheduled event before the	6093
department conducts a supplemental inspection.	6094

(H) The department may annually conduct a midseason	6095
operational inspection of every amusement ride upon which it	6096
conducts an annual inspection pursuant to division (A) of this	6097
section. The midseason operational inspection is in addition to	6098
any other inspection or reinspection of the amusement ride as may	6099
be required pursuant to sections 1711.50 to 1711.57 of the Revised	6100
Code. The owner of an amusement ride shall submit to the	6101
department, at the time determined by the department, the	6102
midseason operational inspection fee specified in division (E) of	6103
this section. The director, in accordance with Chapter 119. of the	6104
Revised Code, shall adopt rules specifying the time period during	6105
which the department will conduct midseason operational	6106
inspections.	6107

Sec. 1724.10. (A) A community improvement corporation may be	6108
designated:	6109

(1) By a county, one or more townships, one or more municipal	6110
corporations, two or more adjoining counties, or any combination	6111
of the foregoing as the agency of each such political subdivision	6112
for the industrial, commercial, distribution, and research	6113
development in such political subdivision when the legislative	6114
authority of such political subdivision has determined that the	6115
policy of the political subdivision is to promote the health,	6116
safety, morals, and general welfare of its inhabitants through the	6117
designation of a community improvement corporation as such agency;	6118

(2) Solely by a county as the agency for the reclamation,	6119
rehabilitation, and reutilization of vacant, abandoned,	6120
tax-foreclosed, or other real property in the county;	6121

(3) By any political subdivision as the agency for the	6122
reclamation, rehabilitation, and reutilization of vacant,	6123
abandoned, tax-foreclosed, or other real property within the	6124
political subdivision if the subdivision enters into an agreement	6125
with the community improvement corporation that is the agency of a	6126
county, under division (A)(2) of this section, designating the	6127
corporation as the agency of the political subdivision.	6128

(B) Designations under this section shall be made by the	6129
legislative authority of the political subdivision by resolution	6130
or ordinance. Any political subdivision which has designated a	6131
community improvement corporation as such agency under this	6132
section may enter into an agreement with it to provide any one or	6133
more of the following:	6134

(1) That the community improvement corporation shall prepare	6135
a plan for the political subdivision of industrial, commercial,	6136
distribution, and research development, or of reclamation,	6137
rehabilitation, and reutilization of vacant, abandoned,	6138
tax-foreclosed, or other real property, and such plan shall	6139
provide therein the extent to which the community improvement	6140
corporation shall participate as the agency of the political	6141
subdivision in carrying out such plan. Such plan shall be	6142
confirmed by the legislative authority of the political	6143
subdivision. A community improvement corporation may insure	6144
mortgage payments required by a first mortgage on any industrial,	6145
economic, commercial, or civic property for which funds have been	6146
loaned by any person, corporation, bank, or financial or lending	6147
institution upon such terms and conditions as the community	6148
improvement corporation may prescribe. A community improvement	6149
corporation may incur debt, mortgage its property acquired under	6150
this section or otherwise, and issue its obligations, for the	6151
purpose of acquiring, constructing, improving, and equipping	6152
buildings, structures, and other properties, and acquiring sites	6153
therefor, for lease or sale by the community improvement	6154
corporation in order to carry out its participation in such plan.	6155
Except as provided for in division (C) of section 307.78 of the	6156
Revised Code, any such debt shall be solely that of the	6157
corporation and shall not be secured by the pledge of any moneys	6158
received or to be received from any political subdivision. All	6159
revenue bonds issued under sections 1724.02 and 1724.10 of the	6160
Revised Code are lawful investments of banks, savings and loan	6161
associations, deposit guarantee associations, trust companies,	6162
trustees, fiduciaries, trustees or other officers having charge of	6163
sinking or bond retirement funds of municipal corporations and	6164
other subdivisions of the state, and of domestic insurance	6165
companies notwithstanding sections 3907.14 and 3925.08 of the	6166
Revised Code. Not less than two-fifths of the governing board of	6167
any economic development corporation designated as the agency of	6168
one or more political subdivisions shall be composed of mayors,	6169
members of municipal legislative authorities, members of boards of	6170
township trustees, members of boards of county commissioners, or	6171
any other appointed or elected officers of such political	6172
subdivisions, provided that at least one officer from each	6173
political subdivision shall be a member of the governing board.	6174
Membership on the governing board of a community improvement	6175
corporation does not constitute the holding of a public office or	6176
employment within the meaning of sections 731.02 and 731.12 of the	6177
Revised Code or any other section of the Revised Code. The board	6178
of directors of a county land reutilization corporation shall be	6179
composed of the members set forth in section 1724.03 of the	6180
Revised Code. Membership on such governing boards shall not	6181
constitute an interest, either direct or indirect, in a contract	6182
or expenditure of money by any municipal corporation, township,	6183
county, or other political subdivision. No member of such	6184
governing boards shall be disqualified from holding any public	6185
office or employment, nor shall such member forfeit any such	6186
office or employment, by reason of membership on the governing	6187
board of a community improvement corporation notwithstanding any	6188
law to the contrary.	6189

Actions taken under this section shall be in accordance with	6190
any applicable planning or zoning regulations.	6191

Any agreement entered into under this section may be amended	6192
or supplemented from time to time by the parties thereto.	6193

An economic development corporation designated as the agency	6194
of a political subdivision under this section shall promote and	6195
encourage the establishment and growth in such subdivision of	6196
industrial, commercial, distribution, and research facilities. A	6197
county land reutilization corporation designated as the agency of	6198
a political subdivision in an agreement between a political	6199
subdivision and a corporation shall promote the reclamation,	6200
rehabilitation, and reutilization of vacant, abandoned,	6201
tax-foreclosed, or other real property in the subdivision.	6202

(2) Authorization for the community improvement corporation	6203
to sell or to lease any ~~lands~~real property or interests in ~~lands~~	6204
real property owned by the political subdivision determined from	6205
time to time by the legislative authority thereof not to be	6206
required by such political subdivision for its purposes, for uses	6207
determined by the legislative authority as those that will promote	6208
the welfare of the people of the political subdivision, stabilize	6209
the economy, provide employment, assist in the development of	6210
industrial, commercial, distribution, and research activities to	6211
the benefit of the people of the political subdivision, will	6212
provide additional opportunities for their gainful employment, or	6213
will promote the reclamation, rehabilitation, and reutilization of	6214
vacant, abandoned, tax-foreclosed, or other real property within	6215
the subdivision. The legislative authority shall specify the	6216
consideration for such sale or lease and any other terms thereof.	6217
Any determinations made by the legislative authority under this	6218
division shall be conclusive. The community improvement	6219
corporation acting through its officers and on behalf and as agent	6220
of the political subdivision shall execute the necessary	6221
instruments, including deeds conveying the title of the political	6222
subdivision or leases, to accomplish such sale or lease. Such	6223
conveyance or lease shall be made without advertising and receipt	6224
of bids. A copy of such agreement shall be recorded in the office	6225
of the county recorder of any county in which ~~lands~~real property	6226
or interests in ~~lands~~real property to be sold or leased are	6227
situated prior to the recording of a deed or lease executed	6228
pursuant to such agreement. The county recorder shall not charge a	6229
county land reutilization corporation a fee as otherwise provided	6230
in section 317.32 of the Revised Code for the recording, indexing,	6231
or making of a certified copy or for the filing of any instrument	6232
by a county land reutilization corporation consistent with its	6233
public purposes.	6234

(3) That the political subdivision executing the agreement	6235
will convey to the community improvement corporation ~~lands~~real	6236
property and interests in ~~lands~~real property owned by the	6237
political subdivision and determined by the legislative authority	6238
thereof not to be required by the political subdivision for its	6239
purposes and that such conveyance of such ~~land~~real property or	6240
interests in ~~land~~real property will promote the welfare of the	6241
people of the political subdivision, stabilize the economy,	6242
provide employment, assist in the development of industrial,	6243
commercial, distribution, and research activities to the benefit	6244
of the people of the political subdivision, provide additional	6245
opportunities for their gainful employment or will promote the	6246
reclamation, rehabilitation, and reutilization of vacant,	6247
abandoned, tax-foreclosed, or other real property in the	6248
subdivision, for the consideration and upon the terms established	6249
in the agreement, and further that as the agency for development	6250
or land reutilization the community improvement corporation may	6251
acquire from others additional ~~lands~~real property or interests in	6252
~~lands~~real property, and any ~~lands~~real property or interests in	6253
~~land~~real property so conveyed by it for uses that will promote	6254
the welfare of the people of the political subdivision, stabilize	6255
the economy, provide employment, assist in the development of	6256
industrial, commercial, distribution, and research activities	6257
required for the people of the political subdivision and for their	6258
gainful employment or will promote the reclamation,	6259
rehabilitation, and reutilization of vacant, abandoned,	6260
tax-foreclosed, or other real property in the subdivision. Any	6261
conveyance or lease by the political subdivision to the community	6262
improvement corporation shall be made without advertising and	6263
receipt of bids. If any ~~lands~~real property or interests in ~~land~~	6264
real property conveyed by a political subdivision under this	6265
division are sold by the community improvement corporation at a	6266
price in excess of the consideration received by the political	6267
subdivision from the community improvement corporation, such	6268
excess shall be paid to such political subdivision after	6269
deducting, to the extent and in the manner provided in the	6270
agreement, the costs of such acquisition and sale, taxes,	6271
assessments, costs of maintenance, costs of improvements to the	6272
~~land~~real property by the community improvement corporation,	6273
service fees, and any debt service charges of the corporation	6274
attributable to such ~~land~~real property or interests.	6275

Sec. 1901.08. The number of, and the time for election of,	6276
judges of the following municipal courts and the beginning of	6277
their terms shall be as follows:	6278

In the Akron municipal court, two full-time judges shall be	6279
elected in 1951, two full-time judges shall be elected in 1953,	6280
one full-time judge shall be elected in 1967, and one full-time	6281
judge shall be elected in 1975.	6282

In the Alliance municipal court, one full-time judge shall be	6283
elected in 1953.	6284

In the Ashland municipal court, one full-time judge shall be	6285
elected in 1951.	6286

In the Ashtabula municipal court, one full-time judge shall	6287
be elected in 1953.	6288

In the Athens county municipal court, one full-time judge	6289
shall be elected in 1967.	6290

In the Auglaize county municipal court, one full-time judge	6291
shall be elected in 1975.	6292

In the Avon Lake municipal court, one ~~part-time~~full-time	6293
judge shall be elected in ~~1957~~2017. On and after the effective	6294
date of this amendment, the part-time judge of the Avon Lake	6295
municipal court who was elected in 2011 shall serve as a full-time	6296
judge of the court until the end of that judge's term on December	6297
31, 2017.	6298

In the Barberton municipal court, one full-time judge shall	6299
be elected in 1969, and one full-time judge shall be elected in	6300
1971.	6301

In the Bedford municipal court, one full-time judge shall be	6302
elected in 1975, and one full-time judge shall be elected in 1979.	6303

In the Bellefontaine municipal court, one full-time judge	6304
shall be elected in 1993.	6305

In the Bellevue municipal court, one part-time judge shall be	6306
elected in 1951.	6307

In the Berea municipal court, one full-time judge shall be	6308
elected in 2005.	6309

In the Bowling Green municipal court, one full-time judge	6310
shall be elected in 1983.	6311

In the Brown county municipal court, one full-time judge	6312
shall be elected in 2005. Beginning February 9, 2003, the	6313
part-time judge of the Brown county county court that existed	6314
prior to that date whose term commenced on January 2, 2001, shall	6315
serve as the full-time judge of the Brown county municipal court	6316
until December 31, 2005.	6317

In the Bryan municipal court, one full-time judge shall be	6318
elected in 1965.	6319

In the Cambridge municipal court, one full-time judge shall	6320
be elected in 1951.	6321

In the Campbell municipal court, one part-time judge shall be	6322
elected in 1963.	6323

In the Canton municipal court, one full-time judge shall be	6324
elected in 1951, one full-time judge shall be elected in 1969, and	6325
two full-time judges shall be elected in 1977.	6326

In the Carroll county municipal court, one full-time judge	6327
shall be elected in 2009. Beginning January 1, 2007, the judge	6328
elected in 2006 to the part-time judgeship of the Carroll county	6329
county court that existed prior to that date shall serve as the	6330
full-time judge of the Carroll county municipal court until	6331
December 31, 2009.	6332

In the Celina municipal court, one full-time judge shall be	6333
elected in 1957.	6334

In the Champaign county municipal court, one full-time judge	6335
shall be elected in 2001.	6336

In the Chardon municipal court, one full-time judge shall be	6337
elected in 1963.	6338

In the Chillicothe municipal court, one full-time judge shall	6339
be elected in 1951, and one full-time judge shall be elected in	6340
1977.	6341

In the Circleville municipal court, one full-time judge shall	6342
be elected in 1953.	6343

In the Clark county municipal court, one full-time judge	6344
shall be elected in 1989, and two full-time judges shall be	6345
elected in 1991. The full-time judges of the Springfield municipal	6346
court who were elected in 1983 and 1985 shall serve as the judges	6347
of the Clark county municipal court from January 1, 1988, until	6348
the end of their respective terms.	6349

In the Clermont county municipal court, two full-time judges	6350
shall be elected in 1991, and one full-time judge shall be elected	6351
in 1999.	6352

In the Cleveland municipal court, six full-time judges shall	6353
be elected in 1975, three full-time judges shall be elected in	6354
1953, and four full-time judges shall be elected in 1955.	6355

In the Cleveland Heights municipal court, one full-time judge	6356
shall be elected in 1957.	6357

In the Clinton county municipal court, one full-time judge	6358
shall be elected in 1997. The full-time judge of the Wilmington	6359
municipal court who was elected in 1991 shall serve as the judge	6360
of the Clinton county municipal court from July 1, 1992, until the	6361
end of that judge's term on December 31, 1997.	6362

In the Columbiana county municipal court, two full-time	6363
judges shall be elected in 2001.	6364

In the Conneaut municipal court, one full-time judge shall be	6365
elected in 1953.	6366

In the Coshocton municipal court, one full-time judge shall	6367
be elected in 1951.	6368

In the Crawford county municipal court, one full-time judge	6369
shall be elected in 1977.	6370

In the Cuyahoga Falls municipal court, one full-time judge	6371
shall be elected in 1953, and one full-time judge shall be elected	6372
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal	6373
court shall cease to exist; however, the judges of the Cuyahoga	6374
Falls municipal court who were elected pursuant to this section in	6375
2003 and 2007 for terms beginning on January 1, 2004, and January	6376
1, 2008, respectively, shall serve as full-time judges of the Stow	6377
municipal court until December 31, 2009, and December 31, 2013,	6378
respectively.	6379

In the Darke county municipal court, one full-time judge	6380
shall be elected in 2005. Beginning January 1, 2005, the part-time	6381
judge of the Darke county county court that existed prior to that	6382
date whose term began on January 1, 2001, shall serve as the	6383
full-time judge of the Darke county municipal court until December	6384
31, 2005.	6385

In the Dayton municipal court, three full-time judges shall	6386
be elected in 1987, their terms to commence on successive days	6387
beginning on the first day of January next after their election,	6388
and two full-time judges shall be elected in 1955, their terms to	6389
commence on successive days beginning on the second day of January	6390
next after their election.	6391

In the Defiance municipal court, one full-time judge shall be	6392
elected in 1957.	6393

In the Delaware municipal court, one full-time judge shall be	6394
elected in 1953, and one full-time judge shall be elected in 2007.	6395

In the East Cleveland municipal court, one full-time judge	6396
shall be elected in 1957.	6397

In the East Liverpool municipal court, one full-time judge	6398
shall be elected in 1953.	6399

In the Eaton municipal court, one full-time judge shall be	6400
elected in 1973.	6401

In the Elyria municipal court, one full-time judge shall be	6402
elected in 1955, and one full-time judge shall be elected in 1973.	6403

In the Erie county municipal court, one full-time judge shall	6404
be elected in 2007.	6405

In the Euclid municipal court, one full-time judge shall be	6406
elected in 1951.	6407

In the Fairborn municipal court, one full-time judge shall be	6408
elected in 1977.	6409

In the Fairfield county municipal court, one full-time judge	6410
shall be elected in 2003, and one full-time judge shall be elected	6411
in 2005.	6412

In the Fairfield municipal court, one full-time judge shall	6413
be elected in 1989.	6414

In the Findlay municipal court, one full-time judge shall be	6415
elected in 1955, and one full-time judge shall be elected in 1993.	6416

In the Franklin municipal court, one part-time judge shall be	6417
elected in 1951.	6418

In the Franklin county municipal court, two full-time judges	6419
shall be elected in 1969, three full-time judges shall be elected	6420
in 1971, seven full-time judges shall be elected in 1967, one	6421
full-time judge shall be elected in 1975, one full-time judge	6422
shall be elected in 1991, and one full-time judge shall be elected	6423
in 1997.	6424

In the Fremont municipal court, one full-time judge shall be	6425
elected in 1975.	6426

In the Gallipolis municipal court, one full-time judge shall	6427
be elected in 1981.	6428

In the Garfield Heights municipal court, one full-time judge	6429
shall be elected in 1951, and one full-time judge shall be elected	6430
in 1981.	6431

In the Girard municipal court, one full-time judge shall be	6432
elected in 1963.	6433

In the Hamilton municipal court, one full-time judge shall be	6434
elected in 1953.	6435

In the Hamilton county municipal court, five full-time judges	6436
shall be elected in 1967, five full-time judges shall be elected	6437
in 1971, two full-time judges shall be elected in 1981, and two	6438
full-time judges shall be elected in 1983. All terms of judges of	6439
the Hamilton county municipal court shall commence on the first	6440
day of January next after their election, except that the terms of	6441
the additional judges to be elected in 1981 shall commence on	6442
January 2, 1982, and January 3, 1982, and that the terms of the	6443
additional judges to be elected in 1983 shall commence on January	6444
4, 1984, and January 5, 1984.	6445

In the Hardin county municipal court, one part-time judge	6446
shall be elected in 1989.	6447

In the Hillsboro municipal court, one full-time judge shall	6448
be elected in 2011. On and after December 30, 2008, the part-time	6449
judge of the Hillsboro municipal court who was elected in 2005	6450
shall serve as a full-time judge of the court until the end of	6451
that judge's term on December 31, 2011.	6452

In the Hocking county municipal court, one full-time judge	6453
shall be elected in 1977.	6454

In the Holmes county municipal court, one full-time judge	6455
shall be elected in 2007. Beginning January 1, 2007, the part-time	6456
judge of the Holmes county county court that existed prior to that	6457
date whose term commenced on January 1, 2007, shall serve as the	6458
full-time judge of the Holmes county municipal court until	6459
December 31, 2007.	6460

In the Huron municipal court, one part-time judge shall be	6461
elected in 1967.	6462

In the Ironton municipal court, one full-time judge shall be	6463
elected in 1951.	6464

In the Jackson county municipal court, one full-time judge	6465
shall be elected in 2001. On and after March 31, 1997, the	6466
part-time judge of the Jackson county municipal court who was	6467
elected in 1995 shall serve as a full-time judge of the court	6468
until the end of that judge's term on December 31, 2001.	6469

In the Kettering municipal court, one full-time judge shall	6470
be elected in 1971, and one full-time judge shall be elected in	6471
1975.	6472

In the Lakewood municipal court, one full-time judge shall be	6473
elected in 1955.	6474

In the Lancaster municipal court, one full-time judge shall	6475
be elected in 1951, and one full-time judge shall be elected in	6476
1979. Beginning January 2, 2000, the full-time judges of the	6477
Lancaster municipal court who were elected in 1997 and 1999 shall	6478
serve as judges of the Fairfield county municipal court until the	6479
end of those judges' terms.	6480

In the Lawrence county municipal court, one part-time judge	6481
shall be elected in 1981.	6482

In the Lebanon municipal court, one part-time judge shall be	6483
elected in 1955.	6484

In the Licking county municipal court, one full-time judge	6485
shall be elected in 1951, and one full-time judge shall be elected	6486
in 1971.	6487

In the Lima municipal court, one full-time judge shall be	6488
elected in 1951, and one full-time judge shall be elected in 1967.	6489

In the Lorain municipal court, one full-time judge shall be	6490
elected in 1953, and one full-time judge shall be elected in 1973.	6491

In the Lyndhurst municipal court, one full-time judge shall	6492
be elected in 1957.	6493

In the Madison county municipal court, one full-time judge	6494
shall be elected in 1981.	6495

In the Mansfield municipal court, one full-time judge shall	6496
be elected in 1951, and one full-time judge shall be elected in	6497
1969.	6498

In the Marietta municipal court, one full-time judge shall be	6499
elected in 1957.	6500

In the Marion municipal court, one full-time judge shall be	6501
elected in 1951.	6502

In the Marysville municipal court, one full-time judge shall	6503
be elected in 2011. On and after January 18, 2007, the part-time	6504
judge of the Marysville municipal court who was elected in 2005	6505
shall serve as a full-time judge of the court until the end of	6506
that judge's term on December 31, 2011.	6507

In the Mason municipal court, one part-time judge shall be	6508
elected in 1965.	6509

In the Massillon municipal court, one full-time judge shall	6510
be elected in 1953, and one full-time judge shall be elected in	6511
1971.	6512

In the Maumee municipal court, one full-time judge shall be	6513
elected in 1963.	6514

In the Medina municipal court, one full-time judge shall be	6515
elected in 1957.	6516

In the Mentor municipal court, one full-time judge shall be	6517
elected in 1971.	6518

In the Miami county municipal court, one full-time judge	6519
shall be elected in 1975, and one full-time judge shall be elected	6520
in 1979.	6521

In the Miamisburg municipal court, one full-time judge shall	6522
be elected in 1951.	6523

In the Middletown municipal court, one full-time judge shall	6524
be elected in 1953.	6525

In the Montgomery county municipal court:

6526

One judge shall be elected in 2011 to a part-time judgeship	6527
for a term to begin on January 1, 2012. If any one of the other	6528
judgeships of the court becomes vacant and is abolished after July	6529
1, 2010, this judgeship shall become a full-time judgeship on that	6530
date. If only one other judgeship of the court becomes vacant and	6531
is abolished as of December 31, 2021, this judgeship shall be	6532
abolished as of that date. Beginning July 1, 2010, the part-time	6533
judge of the Montgomery county county court that existed before	6534
that date whose term commenced on January 1, 2005, shall serve as	6535
a part-time judge of the Montgomery county municipal court until	6536
December 31, 2011.	6537

One judge shall be elected in 2011 to a full-time judgeship	6538
for a term to begin on January 2, 2012, and this judgeship shall	6539
be abolished on January 1, 2016. Beginning July 1, 2010, the	6540
part-time judge of the Montgomery county county court that existed	6541
before that date whose term commenced on January 2, 2005, shall	6542
serve as a full-time judge of the Montgomery county municipal	6543
court until January 1, 2012.	6544

One judge shall be elected in 2013 to a full-time judgeship	6545
for a term to begin on January 2, 2014. Beginning July 1, 2010,	6546
the part-time judge of the Montgomery county county court that	6547
existed before that date whose term commenced on January 2, 2007,	6548
shall serve as a full-time judge of the Montgomery county	6549
municipal court until January 1, 2014.	6550

One judge shall be elected in 2013 to a judgeship for a term	6551
to begin on January 1, 2014. If no other judgeship of the court	6552
becomes vacant and is abolished by January 1, 2014, this judgeship	6553
shall be a part-time judgeship. When one or more of the other	6554
judgeships of the court becomes vacant and is abolished after July	6555
1, 2010, this judgeship shall become a full-time judgeship.	6556
Beginning July 1, 2010, the part-time judge of the Montgomery	6557
county county court that existed before that date whose term	6558
commenced on January 1, 2007, shall serve as this judge of the	6559
Montgomery county municipal court until December 31, 2013.	6560

If any one of the judgeships of the court becomes vacant	6561
before December 31, 2021, that judgeship is abolished on the date	6562
that it becomes vacant, and the other judges of the court shall be	6563
or serve as full-time judges. The abolishment of judgeships for	6564
the Montgomery county municipal court shall cease when the court	6565
has two full-time judgeships.	6566

In the Morrow county municipal court, one full-time judge	6567
shall be elected in 2005. Beginning January 1, 2003, the part-time	6568
judge of the Morrow county county court that existed prior to that	6569
date shall serve as the full-time judge of the Morrow county	6570
municipal court until December 31, 2005.	6571

In the Mount Vernon municipal court, one full-time judge	6572
shall be elected in 1951.	6573

In the Napoleon municipal court, one full-time judge shall be	6574
elected in 2005.	6575

In the New Philadelphia municipal court, one full-time judge	6576
shall be elected in 1975.	6577

In the Newton Falls municipal court, one full-time judge	6578
shall be elected in 1963.	6579

In the Niles municipal court, one full-time judge shall be	6580
elected in 1951.	6581

In the Norwalk municipal court, one full-time judge shall be	6582
elected in 1975.	6583

In the Oakwood municipal court, one part-time judge shall be	6584
elected in 1953.	6585

In the Oberlin municipal court, one full-time judge shall be	6586
elected in 1989.	6587

In the Oregon municipal court, one full-time judge shall be	6588
elected in 1963.	6589

In the Ottawa county municipal court, one full-time judge	6590
shall be elected in 1995, and the full-time judge of the Port	6591
Clinton municipal court who is elected in 1989 shall serve as the	6592
judge of the Ottawa county municipal court from February 4, 1994,	6593
until the end of that judge's term.	6594

In the Painesville municipal court, one full-time judge shall	6595
be elected in 1951.	6596

In the Parma municipal court, one full-time judge shall be	6597
elected in 1951, one full-time judge shall be elected in 1967, and	6598
one full-time judge shall be elected in 1971.	6599

In the Perrysburg municipal court, one full-time judge shall	6600
be elected in 1977.	6601

In the Portage county municipal court, two full-time judges	6602
shall be elected in 1979, and one full-time judge shall be elected	6603
in 1971.	6604

In the Port Clinton municipal court, one full-time judge	6605
shall be elected in 1953. The full-time judge of the Port Clinton	6606
municipal court who is elected in 1989 shall serve as the judge of	6607
the Ottawa county municipal court from February 4, 1994, until the	6608
end of that judge's term.	6609

In the Portsmouth municipal court, one full-time judge shall	6610
be elected in 1951, and one full-time judge shall be elected in	6611
1985.	6612

In the Putnam county municipal court, one full-time judge	6613
shall be elected in 2011. Beginning January 1, 2011, the part-time	6614
judge of the Putnam county county court that existed prior to that	6615
date whose term commenced on January 1, 2007, shall serve as the	6616
full-time judge of the Putnam county municipal court until	6617
December 31, 2011.	6618

In the Rocky River municipal court, one full-time judge shall	6619
be elected in 1957, and one full-time judge shall be elected in	6620
1971.	6621

In the Sandusky municipal court, one full-time judge shall be	6622
elected in 1953.	6623

In the Sandusky county municipal court, one full-time judge	6624
shall be elected in 2013. Beginning on January 1, 2013, the two	6625
part-time judges of the Sandusky county county court that existed	6626
prior to that date shall serve as part-time judges of the Sandusky	6627
county municipal court until December 31, 2013. If either	6628
judgeship becomes vacant before January 1, 2014, that judgeship is	6629
abolished on the date it becomes vacant, and the person who holds	6630
the other judgeship shall serve as the full-time judge of the	6631
Sandusky county municipal court until December 31, 2013.	6632

In the Shaker Heights municipal court, one full-time judge	6633
shall be elected in 1957.	6634

In the Shelby municipal court, one part-time judge shall be	6635
elected in 1957.	6636

In the Sidney municipal court, one full-time judge shall be	6637
elected in 1995.	6638

In the South Euclid municipal court, one full-time judge	6639
shall be elected in 1999. The part-time judge elected in 1993,	6640
whose term commenced on January 1, 1994, shall serve until	6641
December 31, 1999, and the office of that judge is abolished on	6642
January 1, 2000.	6643

In the Springfield municipal court, two full-time judges	6644
shall be elected in 1985, and one full-time judge shall be elected	6645
in 1983, all of whom shall serve as the judges of the Springfield	6646
municipal court through December 31, 1987, and as the judges of	6647
the Clark county municipal court from January 1, 1988, until the	6648
end of their respective terms.	6649

In the Steubenville municipal court, one full-time judge	6650
shall be elected in 1953.	6651

In the Stow municipal court, one full-time judge shall be	6652
elected in 2009, and one full-time judge shall be elected in 2013.	6653
Beginning January 1, 2009, the judge of the Cuyahoga Falls	6654
municipal court that existed prior to that date whose term	6655
commenced on January 1, 2008, shall serve as a full-time judge of	6656
the Stow municipal court until December 31, 2013. Beginning	6657
January 1, 2009, the judge of the Cuyahoga Falls municipal court	6658
that existed prior to that date whose term commenced on January 1,	6659
2004, shall serve as a full-time judge of the Stow municipal court	6660
until December 31, 2009.	6661

In the Struthers municipal court, one part-time judge shall	6662
be elected in 1963.	6663

In the Sylvania municipal court, one full-time judge shall be	6664
elected in 1963.	6665

In the Tiffin-Fostoria municipal court, one full-time judge	6666
shall be elected in 2013.	6667

In the Toledo municipal court, two full-time judges shall be	6668
elected in 1971, four full-time judges shall be elected in 1975,	6669
and one full-time judge shall be elected in 1973.	6670

In the Upper Sandusky municipal court, one full-time judge	6671
shall be elected in 2011. The part-time judge elected in 2005,	6672
whose term commenced on January 1, 2006, shall serve as a	6673
full-time judge on and after January 1, 2008, until the expiration	6674
of that judge's term on December 31, 2011, and the office of that	6675
judge is abolished on January 1, 2012.	6676

In the Vandalia municipal court, one full-time judge shall be	6677
elected in 1959.	6678

In the Van Wert municipal court, one full-time judge shall be	6679
elected in 1957.	6680

In the Vermilion municipal court, one part-time judge shall	6681
be elected in 1965.	6682

In the Wadsworth municipal court, one full-time judge shall	6683
be elected in 1981.	6684

In the Warren municipal court, one full-time judge shall be	6685
elected in 1951, and one full-time judge shall be elected in 1971.	6686

In the Washington Court House municipal court, one full-time	6687
judge shall be elected in 1999. The part-time judge elected in	6688
1993, whose term commenced on January 1, 1994, shall serve until	6689
December 31, 1999, and the office of that judge is abolished on	6690
January 1, 2000.	6691

In the Wayne county municipal court, one full-time judge	6692
shall be elected in 1975, and one full-time judge shall be elected	6693
in 1979.	6694

In the Willoughby municipal court, one full-time judge shall	6695
be elected in 1951.	6696

In the Wilmington municipal court, one full-time judge shall	6697
be elected in 1991, who shall serve as the judge of the Wilmington	6698
municipal court through June 30, 1992, and as the judge of the	6699
Clinton county municipal court from July 1, 1992, until the end of	6700
that judge's term on December 31, 1997.	6701

In the Xenia municipal court, one full-time judge shall be	6702
elected in 1977.	6703

In the Youngstown municipal court, one full-time judge shall	6704
be elected in 1951, and one full-time judge shall be elected in	6705
2013.	6706

In the Zanesville municipal court, one full-time judge shall	6707
be elected in 1953.	6708

Sec. 2101.026. (A) The probate court of Franklin county may	6709
accept funds or other program assistance from individuals,	6710
corporations, agencies, or organizations, including, but not	6711
limited to, the board of alcohol, drug addiction, and mental	6712
health services of Franklin county or the Franklin county board of	6713
developmental disabilities. Any funds received by the probate	6714
court of Franklin county under this division shall be paid into	6715
the treasury of Franklin county and credited to a fund to be known	6716
as the Franklin county probate court mental health fund.	6717

(B) The moneys in the Franklin county probate court mental	6718
health fund shall be used for services to help ensure the	6719
treatment of any person who is under the care of the board of	6720
alcohol, drug addiction, and mental health services of Franklin	6721
county or, the Franklin county board of developmental	6722
disabilities, or any other guardianships. These services include,	6723
but are not limited to, involuntary commitment proceedings and the	6724
establishment and management of adult guardianships, including all	6725
associated expenses, for wards who are under the care of the board	6726
of alcohol, drug addiction, and mental health services of Franklin	6727
county or, the Franklin county board of developmental	6728
disabilities, or any other guardianships.	6729

(C) If the judge of the probate court of Franklin county	6730
determines that some of the moneys in the Franklin county probate	6731
court mental health fund are needed for the efficient operation of	6732
that court, the moneys may be used for the acquisition of	6733
equipment, the hiring and training of staff, community services	6734
programs, volunteer guardianship training services, the employment	6735
of magistrates, and other related services.	6736

(D) The moneys in the Franklin county probate court mental	6737
health fund that may be used in part for the establishment and	6738
management of adult guardianships under division (B) of this	6739
section may be utilized to establish a Franklin county	6740
guardianship service.	6741

(E)(1) A Franklin county guardianship service under division	6742
(D) of this section is established by creating a Franklin county	6743
guardianship service board comprised of three members. The judge	6744
of the probate court of Franklin county shall appoint one member.	6745
The board of directors of the Franklin county board of	6746
developmental disabilities shall appoint one member. The board of	6747
directors of the board of alcohol, drug addiction, and mental	6748
health services of Franklin county shall appoint one member. The	6749
term of appointment of each member is four years.	6750

(2) The Franklin county guardianship service board may	6751
appoint a director of the board. The board shall determine the	6752
compensation of the director based on the availability of funds	6753
contained in the Franklin county probate court mental health fund.	6754

(3) The members and the director, if any, of the Franklin	6755
county guardianship service board may receive appointments from	6756
the probate court of Franklin county to serve as guardians of both	6757
the person and estate of wards. The director may hire employees	6758
subject to available funds in the Franklin county probate court	6759
mental health fund.	6760

(4) If a new director replaces a previously appointed	6761
director of the Franklin county guardianship service board, the	6762
new director shall replace the former director serving as a	6763
guardian under division (E)(3) of this section without the need of	6764
a successor guardianship hearing conducted by the probate court of	6765
Franklin county so long as the wards are the same wards for both	6766
the former director and the new director.	6767

(5) The Franklin county guardianship service board that is	6768
created under division (E)(1) of this section shall promulgate all	6769
rules and regulations necessary for the efficient operation of the	6770
board and the Franklin county guardianship service.	6771

Sec. 2151.417. (A) Any court that issues a dispositional	6772
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	6773
Revised Code may review at any time the child's placement or	6774
custody arrangement, the case plan prepared for the child pursuant	6775
to section 2151.412 of the Revised Code, the actions of the public	6776
children services agency or private child placing agency in	6777
implementing that case plan, the child's permanency plan if the	6778
child's permanency plan has been approved, and any other aspects	6779
of the child's placement or custody arrangement. In conducting the	6780
review, the court shall determine the appropriateness of any	6781
agency actions, the safety and appropriateness of continuing the	6782
child's placement or custody arrangement, and whether any changes	6783
should be made with respect to the child's permanency plan or	6784
placement or custody arrangement or with respect to the actions of	6785
the agency under the child's placement or custody arrangement.	6786
Based upon the evidence presented at a hearing held after notice	6787
to all parties and the guardian ad litem of the child, the court	6788
may require the agency, the parents, guardian, or custodian of the	6789
child, and the physical custodians of the child to take any	6790
reasonable action that the court determines is necessary and in	6791
the best interest of the child or to discontinue any action that	6792
it determines is not in the best interest of the child.	6793

(B) If a court issues a dispositional order pursuant to	6794
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	6795
court has continuing jurisdiction over the child as set forth in	6796
division (E)(1) of section 2151.353 of the Revised Code. The court	6797
may amend a dispositional order in accordance with division (E)(2)	6798
of section 2151.353 of the Revised Code at any time upon its own	6799
motion or upon the motion of any interested party. The court shall	6800
comply with section 2151.42 of the Revised Code in amending any	6801
dispositional order pursuant to this division.	6802

(C) Any court that issues a dispositional order pursuant to	6803
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	6804
hold a review hearing one year after the earlier of the date on	6805
which the complaint in the case was filed or the child was first	6806
placed into shelter care to review the case plan prepared pursuant	6807
to section 2151.412 of the Revised Code and the child's placement	6808
or custody arrangement, to approve or review the permanency plan	6809
for the child, and to make changes to the case plan and placement	6810
or custody arrangement consistent with the permanency plan. The	6811
court shall schedule the review hearing at the time that it holds	6812
the dispositional hearing pursuant to section 2151.35 of the	6813
Revised Code.	6814

The court shall hold a similar review hearing no later than	6815
every twelve months after the initial review hearing until the	6816
child is adopted, returned to the parents, or the court otherwise	6817
terminates the child's placement or custody arrangement, except	6818
that the dispositional hearing held pursuant to section 2151.415	6819
of the Revised Code shall take the place of the first review	6820
hearing to be held under this section. The court shall schedule	6821
each subsequent review hearing at the conclusion of the review	6822
hearing immediately preceding the review hearing to be scheduled.	6823

(D) If, within fourteen days after a written summary of an	6824
administrative review is filed with the court pursuant to section	6825
2151.416 of the Revised Code, the court does not approve the	6826
proposed change to the case plan filed pursuant to division (E) of	6827
section 2151.416 of the Revised Code or a party or the guardian ad	6828
litem requests a review hearing pursuant to division (E) of that	6829
section, the court shall hold a review hearing in the same manner	6830
that it holds review hearings pursuant to division (C) of this	6831
section, except that if a review hearing is required by this	6832
division and if a hearing is to be held pursuant to division (C)	6833
of this section or section 2151.415 of the Revised Code, the	6834
hearing held pursuant to division (C) of this section or section	6835
2151.415 of the Revised Code shall take the place of the review	6836
hearing required by this division.	6837

(E) If a court determines pursuant to section 2151.419 of the	6838
Revised Code that a public children services agency or private	6839
child placing agency is not required to make reasonable efforts to	6840
prevent the removal of a child from the child's home, eliminate	6841
the continued removal of a child from the child's home, and return	6842
the child to the child's home, and the court does not return the	6843
child to the child's home pursuant to division (A)(3) of section	6844
2151.419 of the Revised Code, the court shall hold a review	6845
hearing to approve the permanency plan for the child and, if	6846
appropriate, to make changes to the child's case plan and the	6847
child's placement or custody arrangement consistent with the	6848
permanency plan. The court may hold the hearing immediately	6849
following the determination under section 2151.419 of the Revised	6850
Code and shall hold it no later than thirty days after making that	6851
determination.	6852

(F) The court shall give notice of the review hearings held	6853
pursuant to this section to every interested party, including, but	6854
not limited to, the appropriate agency employees who are	6855
responsible for the child's care and planning, the child's	6856
parents, any person who had guardianship or legal custody of the	6857
child prior to the custody order, the child's guardian ad litem,	6858
and the child. The court shall summon every interested party to	6859
appear at the review hearing and give them an opportunity to	6860
testify and to present other evidence with respect to the child's	6861
custody arrangement, including, but not limited to, the following:	6862
the case plan for the child,; the permanency plan, if one exists;	6863
the actions taken by the child's custodian; the need for a change	6864
in the child's custodian or caseworker; and the need for any	6865
specific action to be taken with respect to the child. The court	6866
shall require any interested party to testify or present other	6867
evidence when necessary to a proper determination of the issues	6868
presented at the review hearing. In any review hearing that	6869
pertains to a permanency plan for a child who will not be returned	6870
to the parent, the court shall consider in-state and out-of-state	6871
placement options and the court shall determine whether the	6872
in-state or the out-of-state placement continues to be appropriate	6873
and in the best interests of the child. In any review hearing that	6874
pertains to a permanency plan for a child, the court or a citizens	6875
board appointed by the court pursuant to division (H) of this	6876
section shall consult with the child, in an age-appropriate	6877
manner, regarding the proposed permanency plan for the child.	6878

(G) After the review hearing, the court shall take the	6879
following actions based upon the evidence presented:	6880

(1) If an administrative review has been conducted, determine	6881
whether the conclusions of the review are supported by a	6882
preponderance of the evidence and approve or modify the case plan	6883
based upon that evidence;	6884

(2) If the hearing was held under division (C) or (E) of this	6885
section, approve a permanency plan for the child that specifies	6886
whether and, if applicable, when the child will be safely returned	6887
home or placed for adoption, for legal custody, or in a planned	6888
permanent living arrangement. A permanency plan approved after a	6889
hearing under division (E) of this section shall not include any	6890
provision requiring the child to be returned to the child's home.	6891

(3) If the child is in temporary custody, do all of the	6892
following:	6893

(a) Determine whether the child can and should be returned	6894
home with or without an order for protective supervision;	6895

(b) If the child can and should be returned home with or	6896
without an order for protective supervision, terminate the order	6897
for temporary custody;	6898

(c) If the child cannot or should not be returned home with	6899
an order for protective supervision, determine whether the agency	6900
currently with custody of the child should retain custody or	6901
whether another public children services agency, private child	6902
placing agency, or an individual should be given custody of the	6903
child.	6904

The court shall comply with section 2151.42 of the Revised	6905
Code in taking any action under this division.	6906

(4) If the child is in permanent custody, determine what	6907
actions are required by the custodial agency and of any other	6908
organizations or persons in order to facilitate an adoption of the	6909
child and make any appropriate orders with respect to the custody	6910
arrangement or conditions of the child, including, but not limited	6911
to, a transfer of permanent custody to another public children	6912
services agency or private child placing agency;	6913

(5) Journalize the terms of the updated case plan for the	6914
child.	6915

(H) The court may appoint a referee or a citizens review	6916
board to conduct the review hearings that the court is required by	6917
this section to conduct, subject to the review and approval by the	6918
court of any determinations made by the referee or citizens review	6919
board. If the court appoints a citizens review board to conduct	6920
the review hearings, the board shall consist of one member	6921
representing the general public and four members who are trained	6922
or experienced in the care or placement of children and have	6923
training or experience in the fields of medicine, psychology,	6924
social work, education, or any related field. Of the initial	6925
appointments to the board, two shall be for a term of one year,	6926
two shall be for a term of two years, and one shall be for a term	6927
of three years, with all the terms ending one year after the date	6928
on which the appointment was made. Thereafter, all terms of the	6929
board members shall be for three years and shall end on the same	6930
day of the same month of the year as did the term that they	6931
succeed. Any member appointed to fill a vacancy occurring prior to	6932
the expiration of the term for which the member's predecessor was	6933
appointed shall hold office for the remainder of the term.	6934

(I) A copy of the court's determination following any review	6935
hearing held pursuant to this section shall be sent to the	6936
custodial agency, the guardian ad litem of the child who is the	6937
subject of the review hearing, and, if that child is not the	6938
subject of a permanent commitment hearing, the parents of the	6939
child.	6940

(J) If the hearing held under this section takes the place of	6941
an administrative review that otherwise would have been held under	6942
section 2151.416 of the Revised Code, the court at the hearing	6943
held under this section shall do all of the following in addition	6944
to any other requirements of this section:	6945

(1) Determine the continued necessity for and the safety and	6946
appropriateness of the child's placement;	6947

(2) Determine the extent of compliance with the child's case	6948
plan;	6949

(3) Determine the extent of progress that has been made	6950
toward alleviating or mitigating the causes necessitating the	6951
child's placement in foster care;	6952

(4) Project a likely date by which the child may be safely	6953
returned home or placed for adoption or legal custody.	6954

(K)(1) Whenever the court is required to approve a permanency	6955
plan under this section or section 2151.415 of the Revised Code,	6956
the public children services agency or private child placing	6957
agency that filed the complaint in the case, has custody of the	6958
child, or will be given custody of the child shall develop a	6959
permanency plan for the child. The agency must file the plan with	6960
the court prior to the hearing under this section or section	6961
2151.415 of the Revised Code.	6962

(2) The permanency plan developed by the agency must specify	6963
whether and, if applicable, when the child will be safely returned	6964
home or placed for adoption or legal custody. If the agency	6965
determines that there is a compelling reason why returning the	6966
child home or placing the child for adoption or legal custody is	6967
not in the best interest of the child, the plan shall provide that	6968
the child will be placed in a planned permanent living	6969
arrangement. A permanency plan developed as a result of a	6970
determination made under division (A)(2) of section 2151.419 of	6971
the Revised Code may not include any provision requiring the child	6972
to be returned home.	6973

(3)(a) Whenever a court is required under this section or	6974
section 2151.415 or 2151.419 of the Revised Code to conduct a	6975
review hearing to approve a permanency plan, the court shall	6976
determine whether the agency required to develop the plan has made	6977
reasonable efforts to finalize it. If the court determines the	6978
agency has not made reasonable efforts to finalize the plan, the	6979
court shall issue an order finalizing a permanency plan requiring	6980
the agency to use reasonable efforts to do the following:	6981

(i) Place the child in a timely manner into a permanent	6982
placement;	6983

(ii) Complete whatever steps are necessary to finalize the	6984
permanent placement of the child.	6985

(b) In making reasonable efforts as required in division	6986
(K)(3)(a) of this section, the agency shall consider the child's	6987
health and safety as the paramount concern.	6988

Sec. 2151.421. (A)(1)(a) No person described in division	6989
(A)(1)(b) of this section who is acting in an official or	6990
professional capacity and knows, or has reasonable cause to	6991
suspect based on facts that would cause a reasonable person in a	6992
similar position to suspect, that a child under eighteen years of	6993
age or a mentally retarded, developmentally disabled, or	6994
physically impaired child under twenty-one years of age has	6995
suffered or faces a threat of suffering any physical or mental	6996
wound, injury, disability, or condition of a nature that	6997
reasonably indicates abuse or neglect of the child shall fail to	6998
immediately report that knowledge or reasonable cause to suspect	6999
to the entity or persons specified in this division. Except as	7000
provided in section 5120.173 of the Revised Code, the person	7001
making the report shall make it to the public children services	7002
agency or a municipal or county peace officer in the county in	7003
which the child resides or in which the abuse or neglect is	7004
occurring or has occurred. In the circumstances described in	7005
section 5120.173 of the Revised Code, the person making the report	7006
shall make it to the entity specified in that section.	7007

(b) Division (A)(1)(a) of this section applies to any person	7008
who is an attorney; physician, including a hospital intern or	7009
resident; dentist; podiatrist; practitioner of a limited branch of	7010
medicine as specified in section 4731.15 of the Revised Code;	7011
registered nurse; licensed practical nurse; visiting nurse; other	7012
health care professional; licensed psychologist; licensed school	7013
psychologist; independent marriage and family therapist or	7014
marriage and family therapist; speech pathologist or audiologist;	7015
coroner; administrator or employee of a child day-care center;	7016
administrator or employee of a residential camp or child day camp;	7017
administrator or employee of a certified child care agency or	7018
other public or private children services agency; school teacher;	7019
school employee; school authority; person engaged in social work	7020
or the practice of professional counseling; agent of a county	7021
humane society; person, other than a cleric, rendering spiritual	7022
treatment through prayer in accordance with the tenets of a	7023
well-recognized religion; employee of a county department of job	7024
and family services who is a professional and who works with	7025
children and families; superintendent or regional administrator	7026
employed by the department of youth services; superintendent,	7027
board member, or employee of a county board of developmental	7028
disabilities; investigative agent contracted with by a county	7029
board of developmental disabilities; employee of the department of	7030
developmental disabilities; employee of a facility or home that	7031
provides respite care in accordance with section 5123.171 of the	7032
Revised Code; employee of a home health agency; employee of an	7033
entity that provides homemaker services; a person performing the	7034
duties of an assessor pursuant to Chapter 3107. or 5103. of the	7035
Revised Code; or third party employed by a public children	7036
services agency to assist in providing child or family related	7037
services.	7038

(2) Except as provided in division (A)(3) of this section, an	7039
attorney or a physician is not required to make a report pursuant	7040
to division (A)(1) of this section concerning any communication	7041
the attorney or physician receives from a client or patient in an	7042
attorney-client or physician-patient relationship, if, in	7043
accordance with division (A) or (B) of section 2317.02 of the	7044
Revised Code, the attorney or physician could not testify with	7045
respect to that communication in a civil or criminal proceeding.	7046

(3) The client or patient in an attorney-client or	7047
physician-patient relationship described in division (A)(2) of	7048
this section is deemed to have waived any testimonial privilege	7049
under division (A) or (B) of section 2317.02 of the Revised Code	7050
with respect to any communication the attorney or physician	7051
receives from the client or patient in that attorney-client or	7052
physician-patient relationship, and the attorney or physician	7053
shall make a report pursuant to division (A)(1) of this section	7054
with respect to that communication, if all of the following apply:	7055

(a) The client or patient, at the time of the communication,	7056
is either a child under eighteen years of age or a mentally	7057
retarded, developmentally disabled, or physically impaired person	7058
under twenty-one years of age.	7059

(b) The attorney or physician knows, or has reasonable cause	7060
to suspect based on facts that would cause a reasonable person in	7061
similar position to suspect, as a result of the communication or	7062
any observations made during that communication, that the client	7063
or patient has suffered or faces a threat of suffering any	7064
physical or mental wound, injury, disability, or condition of a	7065
nature that reasonably indicates abuse or neglect of the client or	7066
patient.	7067

(c) The abuse or neglect does not arise out of the client's	7068
or patient's attempt to have an abortion without the notification	7069
of her parents, guardian, or custodian in accordance with section	7070
2151.85 of the Revised Code.	7071

(4)(a) No cleric and no person, other than a volunteer,	7072
designated by any church, religious society, or faith acting as a	7073
leader, official, or delegate on behalf of the church, religious	7074
society, or faith who is acting in an official or professional	7075
capacity, who knows, or has reasonable cause to believe based on	7076
facts that would cause a reasonable person in a similar position	7077
to believe, that a child under eighteen years of age or a mentally	7078
retarded, developmentally disabled, or physically impaired child	7079
under twenty-one years of age has suffered or faces a threat of	7080
suffering any physical or mental wound, injury, disability, or	7081
condition of a nature that reasonably indicates abuse or neglect	7082
of the child, and who knows, or has reasonable cause to believe	7083
based on facts that would cause a reasonable person in a similar	7084
position to believe, that another cleric or another person, other	7085
than a volunteer, designated by a church, religious society, or	7086
faith acting as a leader, official, or delegate on behalf of the	7087
church, religious society, or faith caused, or poses the threat of	7088
causing, the wound, injury, disability, or condition that	7089
reasonably indicates abuse or neglect shall fail to immediately	7090
report that knowledge or reasonable cause to believe to the entity	7091
or persons specified in this division. Except as provided in	7092
section 5120.173 of the Revised Code, the person making the report	7093
shall make it to the public children services agency or a	7094
municipal or county peace officer in the county in which the child	7095
resides or in which the abuse or neglect is occurring or has	7096
occurred. In the circumstances described in section 5120.173 of	7097
the Revised Code, the person making the report shall make it to	7098
the entity specified in that section.	7099

(b) Except as provided in division (A)(4)(c) of this section,	7100
a cleric is not required to make a report pursuant to division	7101
(A)(4)(a) of this section concerning any communication the cleric	7102
receives from a penitent in a cleric-penitent relationship, if, in	7103
accordance with division (C) of section 2317.02 of the Revised	7104
Code, the cleric could not testify with respect to that	7105
communication in a civil or criminal proceeding.	7106

(c) The penitent in a cleric-penitent relationship described	7107
in division (A)(4)(b) of this section is deemed to have waived any	7108
testimonial privilege under division (C) of section 2317.02 of the	7109
Revised Code with respect to any communication the cleric receives	7110
from the penitent in that cleric-penitent relationship, and the	7111
cleric shall make a report pursuant to division (A)(4)(a) of this	7112
section with respect to that communication, if all of the	7113
following apply:	7114

(i) The penitent, at the time of the communication, is either	7115
a child under eighteen years of age or a mentally retarded,	7116
developmentally disabled, or physically impaired person under	7117
twenty-one years of age.	7118

(ii) The cleric knows, or has reasonable cause to believe	7119
based on facts that would cause a reasonable person in a similar	7120
position to believe, as a result of the communication or any	7121
observations made during that communication, the penitent has	7122
suffered or faces a threat of suffering any physical or mental	7123
wound, injury, disability, or condition of a nature that	7124
reasonably indicates abuse or neglect of the penitent.	7125

(iii) The abuse or neglect does not arise out of the	7126
penitent's attempt to have an abortion performed upon a child	7127
under eighteen years of age or upon a mentally retarded,	7128
developmentally disabled, or physically impaired person under	7129
twenty-one years of age without the notification of her parents,	7130
guardian, or custodian in accordance with section 2151.85 of the	7131
Revised Code.	7132

(d) Divisions (A)(4)(a) and (c) of this section do not apply	7133
in a cleric-penitent relationship when the disclosure of any	7134
communication the cleric receives from the penitent is in	7135
violation of the sacred trust.	7136

(e) As used in divisions (A)(1) and (4) of this section,	7137
"cleric" and "sacred trust" have the same meanings as in section	7138
2317.02 of the Revised Code.	7139

(B) Anyone who knows, or has reasonable cause to suspect	7140
based on facts that would cause a reasonable person in similar	7141
circumstances to suspect, that a child under eighteen years of age	7142
or a mentally retarded, developmentally disabled, or physically	7143
impaired person under twenty-one years of age has suffered or	7144
faces a threat of suffering any physical or mental wound, injury,	7145
disability, or other condition of a nature that reasonably	7146
indicates abuse or neglect of the child may report or cause	7147
reports to be made of that knowledge or reasonable cause to	7148
suspect to the entity or persons specified in this division.	7149
Except as provided in section 5120.173 of the Revised Code, a	7150
person making a report or causing a report to be made under this	7151
division shall make it or cause it to be made to the public	7152
children services agency or to a municipal or county peace	7153
officer. In the circumstances described in section 5120.173 of the	7154
Revised Code, a person making a report or causing a report to be	7155
made under this division shall make it or cause it to be made to	7156
the entity specified in that section.	7157

(C) Any report made pursuant to division (A) or (B) of this	7158
section shall be made forthwith either by telephone or in person	7159
and shall be followed by a written report, if requested by the	7160
receiving agency or officer. The written report shall contain:	7161

(1) The names and addresses of the child and the child's	7162
parents or the person or persons having custody of the child, if	7163
known;	7164

(2) The child's age and the nature and extent of the child's	7165
injuries, abuse, or neglect that is known or reasonably suspected	7166
or believed, as applicable, to have occurred or of the threat of	7167
injury, abuse, or neglect that is known or reasonably suspected or	7168
believed, as applicable, to exist, including any evidence of	7169
previous injuries, abuse, or neglect;	7170

(3) Any other information that might be helpful in	7171
establishing the cause of the injury, abuse, or neglect that is	7172
known or reasonably suspected or believed, as applicable, to have	7173
occurred or of the threat of injury, abuse, or neglect that is	7174
known or reasonably suspected or believed, as applicable, to	7175
exist.	7176

Any person, who is required by division (A) of this section	7177
to report child abuse or child neglect that is known or reasonably	7178
suspected or believed to have occurred, may take or cause to be	7179
taken color photographs of areas of trauma visible on a child and,	7180
if medically indicated, cause to be performed radiological	7181
examinations of the child.	7182

(D) As used in this division, "children's advocacy center"	7183
and "sexual abuse of a child" have the same meanings as in section	7184
2151.425 of the Revised Code.	7185

(1) When a municipal or county peace officer receives a	7186
report concerning the possible abuse or neglect of a child or the	7187
possible threat of abuse or neglect of a child, upon receipt of	7188
the report, the municipal or county peace officer who receives the	7189
report shall refer the report to the appropriate public children	7190
services agency.	7191

(2) When a public children services agency receives a report	7192
pursuant to this division or division (A) or (B) of this section,	7193
upon receipt of the report, the public children services agency	7194
shall do both of the following:	7195

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

7196

(b) If the county served by the agency is also served by a	7197
children's advocacy center and the report alleges sexual abuse of	7198
a child or another type of abuse of a child that is specified in	7199
the memorandum of understanding that creates the center as being	7200
within the center's jurisdiction, comply regarding the report with	7201
the protocol and procedures for referrals and investigations, with	7202
the coordinating activities, and with the authority or	7203
responsibility for performing or providing functions, activities,	7204
and services stipulated in the interagency agreement entered into	7205
under section 2151.428 of the Revised Code relative to that	7206
center.	7207

(E) No township, municipal, or county peace officer shall	7208
remove a child about whom a report is made pursuant to this	7209
section from the child's parents, stepparents, or guardian or any	7210
other persons having custody of the child without consultation	7211
with the public children services agency, unless, in the judgment	7212
of the officer, and, if the report was made by physician, the	7213
physician, immediate removal is considered essential to protect	7214
the child from further abuse or neglect. The agency that must be	7215
consulted shall be the agency conducting the investigation of the	7216
report as determined pursuant to section 2151.422 of the Revised	7217
Code.	7218

(F)(1) Except as provided in section 2151.422 of the Revised	7219
Code or in an interagency agreement entered into under section	7220
2151.428 of the Revised Code that applies to the particular	7221
report, the public children services agency shall investigate,	7222
within twenty-four hours, each report of child abuse or child	7223
neglect that is known or reasonably suspected or believed to have	7224
occurred and of a threat of child abuse or child neglect that is	7225
known or reasonably suspected or believed to exist that is	7226
referred to it under this section to determine the circumstances	7227
surrounding the injuries, abuse, or neglect or the threat of	7228
injury, abuse, or neglect, the cause of the injuries, abuse,	7229
neglect, or threat, and the person or persons responsible. The	7230
investigation shall be made in cooperation with the law	7231
enforcement agency and in accordance with the memorandum of	7232
understanding prepared under division (J) of this section. A	7233
representative of the public children services agency shall, at	7234
the time of initial contact with the person subject to the	7235
investigation, inform the person of the specific complaints or	7236
allegations made against the person. The information shall be	7237
given in a manner that is consistent with division (H)(1) of this	7238
section and protects the rights of the person making the report	7239
under this section.	7240

A failure to make the investigation in accordance with the	7241
memorandum is not grounds for, and shall not result in, the	7242
dismissal of any charges or complaint arising from the report or	7243
the suppression of any evidence obtained as a result of the report	7244
and does not give, and shall not be construed as giving, any	7245
rights or any grounds for appeal or post-conviction relief to any	7246
person. The public children services agency shall report each case	7247
to the uniform statewide automated child welfare information	7248
system that the department of job and family services shall	7249
maintain in accordance with section 5101.13 of the Revised Code.	7250
The public children services agency shall submit a report of its	7251
investigation, in writing, to the law enforcement agency.	7252

(2) The public children services agency shall make any	7253
recommendations to the county prosecuting attorney or city	7254
director of law that it considers necessary to protect any	7255
children that are brought to its attention.	7256

(G)(1)(a) Except as provided in division (H)(3) of this	7257
section, anyone or any hospital, institution, school, health	7258
department, or agency participating in the making of reports under	7259
division (A) of this section, anyone or any hospital, institution,	7260
school, health department, or agency participating in good faith	7261
in the making of reports under division (B) of this section, and	7262
anyone participating in good faith in a judicial proceeding	7263
resulting from the reports, shall be immune from any civil or	7264
criminal liability for injury, death, or loss to person or	7265
property that otherwise might be incurred or imposed as a result	7266
of the making of the reports or the participation in the judicial	7267
proceeding.	7268

(b) Notwithstanding section 4731.22 of the Revised Code, the	7269
physician-patient privilege shall not be a ground for excluding	7270
evidence regarding a child's injuries, abuse, or neglect, or the	7271
cause of the injuries, abuse, or neglect in any judicial	7272
proceeding resulting from a report submitted pursuant to this	7273
section.	7274

(2) In any civil or criminal action or proceeding in which it	7275
is alleged and proved that participation in the making of a report	7276
under this section was not in good faith or participation in a	7277
judicial proceeding resulting from a report made under this	7278
section was not in good faith, the court shall award the	7279
prevailing party reasonable attorney's fees and costs and, if a	7280
civil action or proceeding is voluntarily dismissed, may award	7281
reasonable attorney's fees and costs to the party against whom the	7282
civil action or proceeding is brought.	7283

(H)(1) Except as provided in divisions (H)(4) and (N) of this	7284
section, a report made under this section is confidential. The	7285
information provided in a report made pursuant to this section and	7286
the name of the person who made the report shall not be released	7287
for use, and shall not be used, as evidence in any civil action or	7288
proceeding brought against the person who made the report. Nothing	7289
in this division shall preclude the use of reports of other	7290
incidents of known or suspected abuse or neglect in a civil action	7291
or proceeding brought pursuant to division (M) of this section	7292
against a person who is alleged to have violated division (A)(1)	7293
of this section, provided that any information in a report that	7294
would identify the child who is the subject of the report or the	7295
maker of the report, if the maker of the report is not the	7296
defendant or an agent or employee of the defendant, has been	7297
redacted. In a criminal proceeding, the report is admissible in	7298
evidence in accordance with the Rules of Evidence and is subject	7299
to discovery in accordance with the Rules of Criminal Procedure.	7300

(2) No person shall permit or encourage the unauthorized	7301
dissemination of the contents of any report made under this	7302
section.	7303

(3) A person who knowingly makes or causes another person to	7304
make a false report under division (B) of this section that	7305
alleges that any person has committed an act or omission that	7306
resulted in a child being an abused child or a neglected child is	7307
guilty of a violation of section 2921.14 of the Revised Code.	7308

(4) If a report is made pursuant to division (A) or (B) of	7309
this section and the child who is the subject of the report dies	7310
for any reason at any time after the report is made, but before	7311
the child attains eighteen years of age, the public children	7312
services agency or municipal or county peace officer to which the	7313
report was made or referred, on the request of the child fatality	7314
review board, shall submit a summary sheet of information	7315
providing a summary of the report to the review board of the	7316
county in which the deceased child resided at the time of death.	7317
On the request of the review board, the agency or peace officer	7318
may, at its discretion, make the report available to the review	7319
board. If the county served by the public children services agency	7320
is also served by a children's advocacy center and the report of	7321
alleged sexual abuse of a child or another type of abuse of a	7322
child is specified in the memorandum of understanding that creates	7323
the center as being within the center's jurisdiction, the agency	7324
or center shall perform the duties and functions specified in this	7325
division in accordance with the interagency agreement entered into	7326
under section 2151.428 of the Revised Code relative to that	7327
advocacy center.	7328

(5) A public children services agency shall advise a person	7329
alleged to have inflicted abuse or neglect on a child who is the	7330
subject of a report made pursuant to this section, including a	7331
report alleging sexual abuse of a child or another type of abuse	7332
of a child referred to a children's advocacy center pursuant to an	7333
interagency agreement entered into under section 2151.428 of the	7334
Revised Code, in writing of the disposition of the investigation.	7335
The agency shall not provide to the person any information that	7336
identifies the person who made the report, statements of	7337
witnesses, or police or other investigative reports.	7338

(I) Any report that is required by this section, other than a	7339
report that is made to the state highway patrol as described in	7340
section 5120.173 of the Revised Code, shall result in protective	7341
services and emergency supportive services being made available by	7342
the public children services agency on behalf of the children	7343
about whom the report is made, in an effort to prevent further	7344
neglect or abuse, to enhance their welfare, and, whenever	7345
possible, to preserve the family unit intact. The agency required	7346
to provide the services shall be the agency conducting the	7347
investigation of the report pursuant to section 2151.422 of the	7348
Revised Code.	7349

(J)(1) Each public children services agency shall prepare a	7350
memorandum of understanding that is signed by all of the	7351
following:	7352

(a) If there is only one juvenile judge in the county, the	7353
juvenile judge of the county or the juvenile judge's	7354
representative;	7355

(b) If there is more than one juvenile judge in the county, a	7356
juvenile judge or the juvenile judges' representative selected by	7357
the juvenile judges or, if they are unable to do so for any	7358
reason, the juvenile judge who is senior in point of service or	7359
the senior juvenile judge's representative;	7360

7361

(d) All chief municipal peace officers within the county;

7362

(e) Other law enforcement officers handling child abuse and	7363
neglect cases in the county;	7364

(f) The prosecuting attorney of the county;

7365

(g) If the public children services agency is not the county	7366
department of job and family services, the county department of	7367
job and family services;	7368

(h) The county humane society;

7369

(i) If the public children services agency participated in	7370
the execution of a memorandum of understanding under section	7371
2151.426 of the Revised Code establishing a children's advocacy	7372
center, each participating member of the children's advocacy	7373
center established by the memorandum.	7374

(2) A memorandum of understanding shall set forth the normal	7375
operating procedure to be employed by all concerned officials in	7376
the execution of their respective responsibilities under this	7377
section and division (C) of section 2919.21, division (B)(1) of	7378
section 2919.22, division (B) of section 2919.23, and section	7379
2919.24 of the Revised Code and shall have as two of its primary	7380
goals the elimination of all unnecessary interviews of children	7381
who are the subject of reports made pursuant to division (A) or	7382
(B) of this section and, when feasible, providing for only one	7383
interview of a child who is the subject of any report made	7384
pursuant to division (A) or (B) of this section. A failure to	7385
follow the procedure set forth in the memorandum by the concerned	7386
officials is not grounds for, and shall not result in, the	7387
dismissal of any charges or complaint arising from any reported	7388
case of abuse or neglect or the suppression of any evidence	7389
obtained as a result of any reported child abuse or child neglect	7390
and does not give, and shall not be construed as giving, any	7391
rights or any grounds for appeal or post-conviction relief to any	7392
person.	7393

(3) A memorandum of understanding shall include all of the	7394
following:	7395

(a) The roles and responsibilities for handling emergency and	7396
nonemergency cases of abuse and neglect;	7397

(b) Standards and procedures to be used in handling and	7398
coordinating investigations of reported cases of child abuse and	7399
reported cases of child neglect, methods to be used in	7400
interviewing the child who is the subject of the report and who	7401
allegedly was abused or neglected, and standards and procedures	7402
addressing the categories of persons who may interview the child	7403
who is the subject of the report and who allegedly was abused or	7404
neglected.	7405

(4) If a public children services agency participated in the	7406
execution of a memorandum of understanding under section 2151.426	7407
of the Revised Code establishing a children's advocacy center, the	7408
agency shall incorporate the contents of that memorandum in the	7409
memorandum prepared pursuant to this section.	7410

(5) The clerk of the court of common pleas in the county may	7411
sign the memorandum of understanding prepared under division	7412
(J)(1) of this section. If the clerk signs the memorandum of	7413
understanding, the clerk shall execute all relevant	7414
responsibilities as required of officials specified in the	7415
memorandum.	7416

(K)(1) Except as provided in division (K)(4) of this section,	7417
a person who is required to make a report pursuant to division (A)	7418
of this section may make a reasonable number of requests of the	7419
public children services agency that receives or is referred the	7420
report, or of the children's advocacy center that is referred the	7421
report if the report is referred to a children's advocacy center	7422
pursuant to an interagency agreement entered into under section	7423
2151.428 of the Revised Code, to be provided with the following	7424
information:	7425

(a) Whether the agency or center has initiated an	7426
investigation of the report;	7427

(b) Whether the agency or center is continuing to investigate	7428
the report;	7429

(c) Whether the agency or center is otherwise involved with	7430
the child who is the subject of the report;	7431

(d) The general status of the health and safety of the child	7432
who is the subject of the report;	7433

(e) Whether the report has resulted in the filing of a	7434
complaint in juvenile court or of criminal charges in another	7435
court.	7436

(2) A person may request the information specified in	7437
division (K)(1) of this section only if, at the time the report is	7438
made, the person's name, address, and telephone number are	7439
provided to the person who receives the report.	7440

When a municipal or county peace officer or employee of a	7441
public children services agency receives a report pursuant to	7442
division (A) or (B) of this section the recipient of the report	7443
shall inform the person of the right to request the information	7444
described in division (K)(1) of this section. The recipient of the	7445
report shall include in the initial child abuse or child neglect	7446
report that the person making the report was so informed and, if	7447
provided at the time of the making of the report, shall include	7448
the person's name, address, and telephone number in the report.	7449

Each request is subject to verification of the identity of	7450
the person making the report. If that person's identity is	7451
verified, the agency shall provide the person with the information	7452
described in division (K)(1) of this section a reasonable number	7453
of times, except that the agency shall not disclose any	7454
confidential information regarding the child who is the subject of	7455
the report other than the information described in those	7456
divisions.	7457

(3) A request made pursuant to division (K)(1) of this	7458
section is not a substitute for any report required to be made	7459
pursuant to division (A) of this section.	7460

(4) If an agency other than the agency that received or was	7461
referred the report is conducting the investigation of the report	7462
pursuant to section 2151.422 of the Revised Code, the agency	7463
conducting the investigation shall comply with the requirements of	7464
division (K) of this section.	7465

(L) The director of job and family services shall adopt rules	7466
in accordance with Chapter 119. of the Revised Code to implement	7467
this section. The department of job and family services may enter	7468
into a plan of cooperation with any other governmental entity to	7469
aid in ensuring that children are protected from abuse and	7470
neglect. The department shall make recommendations to the attorney	7471
general that the department determines are necessary to protect	7472
children from child abuse and child neglect.	7473

(M) Whoever violates division (A) of this section is liable	7474
for compensatory and exemplary damages to the child who would have	7475
been the subject of the report that was not made. A person who	7476
brings a civil action or proceeding pursuant to this division	7477
against a person who is alleged to have violated division (A)(1)	7478
of this section may use in the action or proceeding reports of	7479
other incidents of known or suspected abuse or neglect, provided	7480
that any information in a report that would identify the child who	7481
is the subject of the report or the maker of the report, if the	7482
maker is not the defendant or an agent or employee of the	7483
defendant, has been redacted.	7484

(N)(1) As used in this division:

7485

(a) "Out-of-home care" includes a nonchartered nonpublic	7486
school if the alleged child abuse or child neglect, or alleged	7487
threat of child abuse or child neglect, described in a report	7488
received by a public children services agency allegedly occurred	7489
in or involved the nonchartered nonpublic school and the alleged	7490
perpetrator named in the report holds a certificate, permit, or	7491
license issued by the state board of education under section	7492
3301.071 or Chapter 3319. of the Revised Code.	7493

(b) "Administrator, director, or other chief administrative	7494
officer" means the superintendent of the school district if the	7495
out-of-home care entity subject to a report made pursuant to this	7496
section is a school operated by the district.	7497

(2) No later than the end of the day following the day on	7498
which a public children services agency receives a report of	7499
alleged child abuse or child neglect, or a report of an alleged	7500
threat of child abuse or child neglect, that allegedly occurred in	7501
or involved an out-of-home care entity, the agency shall provide	7502
written notice of the allegations contained in and the person	7503
named as the alleged perpetrator in the report to the	7504
administrator, director, or other chief administrative officer of	7505
the out-of-home care entity that is the subject of the report	7506
unless the administrator, director, or other chief administrative	7507
officer is named as an alleged perpetrator in the report. If the	7508
administrator, director, or other chief administrative officer of	7509
an out-of-home care entity is named as an alleged perpetrator in a	7510
report of alleged child abuse or child neglect, or a report of an	7511
alleged threat of child abuse or child neglect, that allegedly	7512
occurred in or involved the out-of-home care entity, the agency	7513
shall provide the written notice to the owner or governing board	7514
of the out-of-home care entity that is the subject of the report.	7515
The agency shall not provide witness statements or police or other	7516
investigative reports.	7517

(3) No later than three days after the day on which a public	7518
children services agency that conducted the investigation as	7519
determined pursuant to section 2151.422 of the Revised Code makes	7520
a disposition of an investigation involving a report of alleged	7521
child abuse or child neglect, or a report of an alleged threat of	7522
child abuse or child neglect, that allegedly occurred in or	7523
involved an out-of-home care entity, the agency shall send written	7524
notice of the disposition of the investigation to the	7525
administrator, director, or other chief administrative officer and	7526
the owner or governing board of the out-of-home care entity. The	7527
agency shall not provide witness statements or police or other	7528
investigative reports.	7529

(O) As used in this section, "investigation" means the public	7530
children services agency's response to an accepted report of child	7531
abuse or neglect through either an alternative response or a	7532
traditional response.	7533

Sec. 2152.19. (A) If a child is adjudicated a delinquent	7534
child, the court may make any of the following orders of	7535
disposition, in addition to any other disposition authorized or	7536
required by this chapter:	7537

(1) Any order that is authorized by section 2151.353 of the	7538
Revised Code for the care and protection of an abused, neglected,	7539
or dependent child;	7540

(2) Commit the child to the temporary custody of any school,	7541
camp, institution, or other facility operated for the care of	7542
delinquent children by the county, by a district organized under	7543
section 2152.41 or 2151.65 of the Revised Code, or by a private	7544
agency or organization, within or without the state, that is	7545
authorized and qualified to provide the care, treatment, or	7546
placement required, including, but not limited to, a school, camp,	7547
or facility operated under section 2151.65 of the Revised Code;	7548

(3) Place the child in a detention facility or district	7549
detention facility operated under section 2152.41 of the Revised	7550
Code, for up to ninety days;	7551

(4) Place the child on community control under any sanctions,	7552
services, and conditions that the court prescribes. As a condition	7553
of community control in every case and in addition to any other	7554
condition that it imposes upon the child, the court shall require	7555
the child to abide by the law during the period of community	7556
control. As referred to in this division, community control	7557
includes, but is not limited to, the following sanctions and	7558
conditions:	7559

(a) A period of basic probation supervision in which the	7560
child is required to maintain contact with a person appointed to	7561
supervise the child in accordance with sanctions imposed by the	7562
court;	7563

(b) A period of intensive probation supervision in which the	7564
child is required to maintain frequent contact with a person	7565
appointed by the court to supervise the child while the child is	7566
seeking or maintaining employment and participating in training,	7567
education, and treatment programs as the order of disposition;	7568

(c) A period of day reporting in which the child is required	7569
each day to report to and leave a center or another approved	7570
reporting location at specified times in order to participate in	7571
work, education or training, treatment, and other approved	7572
programs at the center or outside the center;	7573

(d) A period of community service of up to five hundred hours	7574
for an act that would be a felony or a misdemeanor of the first	7575
degree if committed by an adult, up to two hundred hours for an	7576
act that would be a misdemeanor of the second, third, or fourth	7577
degree if committed by an adult, or up to thirty hours for an act	7578
that would be a minor misdemeanor if committed by an adult;	7579

(e) A requirement that the child obtain a high school	7580
diploma, a certificate of high school equivalence, vocational	7581
training, or employment;	7582

(f) A period of drug and alcohol use monitoring;

7583

(g) A requirement of alcohol or drug assessment or	7584
counseling, or a period in an alcohol or drug treatment program	7585
with a level of security for the child as determined necessary by	7586
the court;	7587

(h) A period in which the court orders the child to observe a	7588
curfew that may involve daytime or evening hours;	7589

(i) A requirement that the child serve monitored time;

7590

(j) A period of house arrest without electronic monitoring or	7591
continuous alcohol monitoring;	7592

(k) A period of electronic monitoring or continuous alcohol	7593
monitoring without house arrest, or house arrest with electronic	7594
monitoring or continuous alcohol monitoring or both electronic	7595
monitoring and continuous alcohol monitoring, that does not exceed	7596
the maximum sentence of imprisonment that could be imposed upon an	7597
adult who commits the same act.	7598

A period of house arrest with electronic monitoring or	7599
continuous alcohol monitoring or both electronic monitoring and	7600
continuous alcohol monitoring, imposed under this division shall	7601
not extend beyond the child's twenty-first birthday. If a court	7602
imposes a period of house arrest with electronic monitoring or	7603
continuous alcohol monitoring or both electronic monitoring and	7604
continuous alcohol monitoring, upon a child under this division,	7605
it shall require the child: to remain in the child's home or other	7606
specified premises for the entire period of house arrest with	7607
electronic monitoring or continuous alcohol monitoring or both	7608
except when the court permits the child to leave those premises to	7609
go to school or to other specified premises. Regarding electronic	7610
monitoring, the court also shall require the child to be monitored	7611
by a central system that can determine the child's location at	7612
designated times; to report periodically to a person designated by	7613
the court; and to enter into a written contract with the court	7614
agreeing to comply with all requirements imposed by the court,	7615
agreeing to pay any fee imposed by the court for the costs of the	7616
house arrest with electronic monitoring, and agreeing to waive the	7617
right to receive credit for any time served on house arrest with	7618
electronic monitoring toward the period of any other dispositional	7619
order imposed upon the child if the child violates any of the	7620
requirements of the dispositional order of house arrest with	7621
electronic monitoring. The court also may impose other reasonable	7622
requirements upon the child.	7623

Unless ordered by the court, a child shall not receive credit	7624
for any time served on house arrest with electronic monitoring or	7625
continuous alcohol monitoring or both toward any other	7626
dispositional order imposed upon the child for the act for which	7627
was imposed the dispositional order of house arrest with	7628
electronic monitoring or continuous alcohol monitoring. As used in	7629
this division and division (A)(4)(l) of this section, "continuous	7630
alcohol monitoring" has the same meaning as in section 2929.01 of	7631
the Revised Code.	7632

(l) A suspension of the driver's license, probationary	7633
driver's license, or temporary instruction permit issued to the	7634
child for a period of time prescribed by the court, or a	7635
suspension of the registration of all motor vehicles registered in	7636
the name of the child for a period of time prescribed by the	7637
court. A child whose license or permit is so suspended is	7638
ineligible for issuance of a license or permit during the period	7639
of suspension. At the end of the period of suspension, the child	7640
shall not be reissued a license or permit until the child has paid	7641
any applicable reinstatement fee and complied with all	7642
requirements governing license reinstatement.	7643

(5) Commit the child to the custody of the court;

7644

(6) Require the child to not be absent without legitimate	7645
excuse from the public school the child is supposed to attend for	7646
five or more consecutive days, seven or more school days in one	7647
school month, or twelve or more school days in a school year;	7648

(7)(a) If a child is adjudicated a delinquent child for being	7649
a chronic truant or a habitual truant who previously has been	7650
adjudicated an unruly child for being a habitual truant, do either	7651
or both of the following:	7652

(i) Require the child to participate in a truancy prevention	7653
mediation program;	7654

(ii) Make any order of disposition as authorized by this	7655
section, except that the court shall not commit the child to a	7656
facility described in division (A)(2) or (3) of this section	7657
unless the court determines that the child violated a lawful court	7658
order made pursuant to division (C)(1)(e) of section 2151.354 of	7659
the Revised Code or division (A)(6) of this section.	7660

(b) If a child is adjudicated a delinquent child for being a	7661
chronic truant or a habitual truant who previously has been	7662
adjudicated an unruly child for being a habitual truant and the	7663
court determines that the parent, guardian, or other person having	7664
care of the child has failed to cause the child's attendance at	7665
school in violation of section 3321.38 of the Revised Code, do	7666
either or both of the following:	7667

(i) Require the parent, guardian, or other person having care	7668
of the child to participate in a truancy prevention mediation	7669
program;	7670

(ii) Require the parent, guardian, or other person having	7671
care of the child to participate in any community service program,	7672
preferably a community service program that requires the	7673
involvement of the parent, guardian, or other person having care	7674
of the child in the school attended by the child.	7675

(8) Make any further disposition that the court finds proper,	7676
except that the child shall not be placed in ~~any of the following:~~	7677

~~(a) A~~a state correctional institution, a county,	7678
multicounty, or municipal jail or workhouse, or another place in	7679
which an adult convicted of a crime, under arrest, or charged with	7680
a crime is held;	7681

~~(b) A community corrections facility, if the child would be~~	7682
~~covered by the definition of public safety beds for purposes of~~	7683
~~sections 5139.41 to 5139.43 of the Revised Code if the court~~	7684
~~exercised its authority to commit the child to the legal custody~~	7685
~~of the department of youth services for institutionalization or~~	7686
~~institutionalization in a secure facility pursuant to this~~	7687
~~chapter~~.	7688

(B) If a child is adjudicated a delinquent child, in addition	7689
to any order of disposition made under division (A) of this	7690
section, the court, in the following situations and for the	7691
specified periods of time, shall suspend the child's temporary	7692
instruction permit, restricted license, probationary driver's	7693
license, or nonresident operating privilege, or suspend the	7694
child's ability to obtain such a permit:	7695

(1) If the child is adjudicated a delinquent child for	7696
violating section 2923.122 of the Revised Code, impose a class	7697
four suspension of the child's license, permit, or privilege from	7698
the range specified in division (A)(4) of section 4510.02 of the	7699
Revised Code or deny the child the issuance of a license or permit	7700
in accordance with division (F)(1) of section 2923.122 of the	7701
Revised Code.	7702

(2) If the child is adjudicated a delinquent child for	7703
committing an act that if committed by an adult would be a drug	7704
abuse offense or for violating division (B) of section 2917.11 of	7705
the Revised Code, suspend the child's license, permit, or	7706
privilege for a period of time prescribed by the court. The court,	7707
in its discretion, may terminate the suspension if the child	7708
attends and satisfactorily completes a drug abuse or alcohol abuse	7709
education, intervention, or treatment program specified by the	7710
court. During the time the child is attending a program described	7711
in this division, the court shall retain the child's temporary	7712
instruction permit, probationary driver's license, or driver's	7713
license, and the court shall return the permit or license if it	7714
terminates the suspension as described in this division.	7715

(C) The court may establish a victim-offender mediation	7716
program in which victims and their offenders meet to discuss the	7717
offense and suggest possible restitution. If the court obtains the	7718
assent of the victim of the delinquent act committed by the child,	7719
the court may require the child to participate in the program.	7720

(D)(1) If a child is adjudicated a delinquent child for	7721
committing an act that would be a felony if committed by an adult	7722
and if the child caused, attempted to cause, threatened to cause,	7723
or created a risk of physical harm to the victim of the act, the	7724
court, prior to issuing an order of disposition under this	7725
section, shall order the preparation of a victim impact statement	7726
by the probation department of the county in which the victim of	7727
the act resides, by the court's own probation department, or by a	7728
victim assistance program that is operated by the state, a county,	7729
a municipal corporation, or another governmental entity. The court	7730
shall consider the victim impact statement in determining the	7731
order of disposition to issue for the child.	7732

(2) Each victim impact statement shall identify the victim of	7733
the act for which the child was adjudicated a delinquent child,	7734
itemize any economic loss suffered by the victim as a result of	7735
the act, identify any physical injury suffered by the victim as a	7736
result of the act and the seriousness and permanence of the	7737
injury, identify any change in the victim's personal welfare or	7738
familial relationships as a result of the act and any	7739
psychological impact experienced by the victim or the victim's	7740
family as a result of the act, and contain any other information	7741
related to the impact of the act upon the victim that the court	7742
requires.	7743

(3) A victim impact statement shall be kept confidential and	7744
is not a public record. However, the court may furnish copies of	7745
the statement to the department of youth services if the	7746
delinquent child is committed to the department or to both the	7747
adjudicated delinquent child or the adjudicated delinquent child's	7748
counsel and the prosecuting attorney. The copy of a victim impact	7749
statement furnished by the court to the department pursuant to	7750
this section shall be kept confidential and is not a public	7751
record. If an officer is preparing pursuant to section 2947.06 or	7752
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	7753
investigation report pertaining to a person, the court shall make	7754
available to the officer, for use in preparing the report, a copy	7755
of any victim impact statement regarding that person. The copies	7756
of a victim impact statement that are made available to the	7757
adjudicated delinquent child or the adjudicated delinquent child's	7758
counsel and the prosecuting attorney pursuant to this division	7759
shall be returned to the court by the person to whom they were	7760
made available immediately following the imposition of an order of	7761
disposition for the child under this chapter.	7762

The copy of a victim impact statement that is made available	7763
pursuant to this division to an officer preparing a criminal	7764
presentence investigation report shall be returned to the court by	7765
the officer immediately following its use in preparing the report.	7766

(4) The department of youth services shall work with local	7767
probation departments and victim assistance programs to develop a	7768
standard victim impact statement.	7769

(E) If a child is adjudicated a delinquent child for being a	7770
chronic truant or a habitual truant who previously has been	7771
adjudicated an unruly child for being a habitual truant and the	7772
court determines that the parent, guardian, or other person having	7773
care of the child has failed to cause the child's attendance at	7774
school in violation of section 3321.38 of the Revised Code, in	7775
addition to any order of disposition it makes under this section,	7776
the court shall warn the parent, guardian, or other person having	7777
care of the child that any subsequent adjudication of the child as	7778
an unruly or delinquent child for being a habitual or chronic	7779
truant may result in a criminal charge against the parent,	7780
guardian, or other person having care of the child for a violation	7781
of division (C) of section 2919.21 or section 2919.24 of the	7782
Revised Code.	7783

(F)(1) During the period of a delinquent child's community	7784
control granted under this section, authorized probation officers	7785
who are engaged within the scope of their supervisory duties or	7786
responsibilities may search, with or without a warrant, the person	7787
of the delinquent child, the place of residence of the delinquent	7788
child, and a motor vehicle, another item of tangible or intangible	7789
personal property, or other real property in which the delinquent	7790
child has a right, title, or interest or for which the delinquent	7791
child has the express or implied permission of a person with a	7792
right, title, or interest to use, occupy, or possess if the	7793
probation officers have reasonable grounds to believe that the	7794
delinquent child is not abiding by the law or otherwise is not	7795
complying with the conditions of the delinquent child's community	7796
control. The court that places a delinquent child on community	7797
control under this section shall provide the delinquent child with	7798
a written notice that informs the delinquent child that authorized	7799
probation officers who are engaged within the scope of their	7800
supervisory duties or responsibilities may conduct those types of	7801
searches during the period of community control if they have	7802
reasonable grounds to believe that the delinquent child is not	7803
abiding by the law or otherwise is not complying with the	7804
conditions of the delinquent child's community control. The court	7805
also shall provide the written notice described in division (E)(2)	7806
of this section to each parent, guardian, or custodian of the	7807
delinquent child who is described in that division.	7808

(2) The court that places a child on community control under	7809
this section shall provide the child's parent, guardian, or other	7810
custodian with a written notice that informs them that authorized	7811
probation officers may conduct searches pursuant to division	7812
(E)(1) of this section. The notice shall specifically state that a	7813
permissible search might extend to a motor vehicle, another item	7814
of tangible or intangible personal property, or a place of	7815
residence or other real property in which a notified parent,	7816
guardian, or custodian has a right, title, or interest and that	7817
the parent, guardian, or custodian expressly or impliedly permits	7818
the child to use, occupy, or possess.	7819

(G) If a juvenile court commits a delinquent child to the	7820
custody of any person, organization, or entity pursuant to this	7821
section and if the delinquent act for which the child is so	7822
committed is a sexually oriented offense or is a child-victim	7823
oriented offense, the court in the order of disposition shall do	7824
one of the following:	7825

(1) Require that the child be provided treatment as described	7826
in division (A)(2) of section 5139.13 of the Revised Code;	7827

(2) Inform the person, organization, or entity that it is the	7828
preferred course of action in this state that the child be	7829
provided treatment as described in division (A)(2) of section	7830
5139.13 of the Revised Code and encourage the person,	7831
organization, or entity to provide that treatment.	7832

Sec. 2305.09. Except as provided for in division (C) of this	7833
section, an action for any of the following causes shall be	7834
brought within four years after the cause thereof accrued:	7835

(A) For trespassing upon real property;

7836

(B) For the recovery of personal property, or for taking or	7837
detaining it;	7838

(C) For relief on the ground of fraud, except when the cause	7839
of action is a violation of section 2913.49 of the Revised Code,	7840
in which case the action shall be brought within five years after	7841
the cause thereof accrued;	7842

(D) For an injury to the rights of the plaintiff not arising	7843
on contract nor enumerated in sections 1304.35, 2305.10 to	7844
2305.12, and 2305.14 of the Revised Code;	7845

(E) For relief on the grounds of a physical or regulatory	7846
taking of real property.	7847

If the action is for trespassing under ground or injury to	7848
mines, or for the wrongful taking of personal property, the causes	7849
thereof shall not accrue until the wrongdoer is discovered; nor,	7850
if it is for fraud, until the fraud is discovered.	7851

An action for professional negligence against a registered	7852
surveyor shall be commenced within four years after the completion	7853
of the engagement on which the cause of action is based.	7854

Sec. 2710.06. (A) Except as provided in division (B) of this	7855
section and section 3109.052 of the Revised Code, a mediator shall	7856
not make a report, assessment, evaluation, recommendation,	7857
finding, or other communication regarding a mediation to a court,	7858
department, agency, or officer of this state or its political	7859
subdivisions that may make a ruling on the dispute that is the	7860
subject of the mediation.	7861

(B) A mediator may disclose any of the following:

7862

(1) Whether the mediation occurred or has terminated, whether	7863
a settlement was reached, and attendance;	7864

(2) A mediation communication as permitted by section ~~2710.07~~	7865
2710.05 of the Revised Code;	7866

(3) A mediation communication evidencing abuse, neglect,	7867
abandonment, or exploitation of an individual to a public agency	7868
responsible for protecting individuals against abuse, neglect,	7869
abandonment, or exploitation.	7870

(C) A communication made in violation of division (A) of this	7871
section shall not be considered by a court, administrative agency,	7872
or arbitrator.	7873

Sec. 2743.191. (A)(1) There is hereby created in the state	7874
treasury the reparations fund, which shall be used only for the	7875
following purposes:	7876

(a) The payment of awards of reparations that are granted by	7877
the attorney general;	7878

(b) The compensation of any personnel needed by the attorney	7879
general to administer sections 2743.51 to 2743.72 of the Revised	7880
Code;	7881

(c) The compensation of witnesses as provided in division (J)	7882
of section 2743.65 of the Revised Code;	7883

(d) Other administrative costs of hearing and determining	7884
claims for an award of reparations by the attorney general;	7885

(e) The costs of administering sections 2907.28 and 2969.01	7886
to 2969.06 of the Revised Code;	7887

(f) The costs of investigation and decision-making as	7888
certified by the attorney general;	7889

(g) The provision of state financial assistance to victim	7890
assistance programs in accordance with sections 109.91 and 109.92	7891
of the Revised Code;	7892

(h) The costs of paying the expenses of sex offense-related	7893
examinations ~~and~~, antibiotics, and HIV post-exposure prophylaxis	7894
pursuant to section 2907.28 of the Revised Code;	7895

(i) The cost of printing and distributing the pamphlet	7896
prepared by the attorney general pursuant to section 109.42 of the	7897
Revised Code;	7898

(j) Subject to division (D) of section 2743.71 of the Revised	7899
Code, the costs associated with the printing and providing of	7900
information cards or other printed materials to law enforcement	7901
agencies and prosecuting authorities and with publicizing the	7902
availability of awards of reparations pursuant to section 2743.71	7903
of the Revised Code;	7904

(k) The payment of costs of administering a DNA specimen	7905
collection procedure pursuant to sections 2152.74 and 2901.07 of	7906
the Revised Code, of performing DNA analysis of those DNA	7907
specimens, and of entering the resulting DNA records regarding	7908
those analyses into the DNA database pursuant to section 109.573	7909
of the Revised Code;	7910

(l) The payment of actual costs associated with initiatives	7911
by the attorney general for the apprehension, prosecution, and	7912
accountability of offenders, and the enhancing of services to	7913
crime victims. The amount of payments made pursuant to division	7914
(A)(1)(l) of this section during any given fiscal year shall not	7915
exceed five per cent of the balance of the reparations fund at the	7916
close of the immediately previous fiscal year;	7917

(m) The costs of administering the adult parole authority's	7918
supervision pursuant to division (E) of section 2971.05 of the	7919
Revised Code of sexually violent predators who are sentenced to a	7920
prison term pursuant to division (A)(3) of section 2971.03 of the	7921
Revised Code and of offenders who are sentenced to a prison term	7922
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	7923
(c), or (B)(3)(a), (b), (c), or (d) of that section;	7924

(n) Subject to the limit set forth in those sections, the	7925
costs of the installation and monitoring of an electronic	7926
monitoring device used in the monitoring of a respondent pursuant	7927
to an electronic monitoring order issued by a court under division	7928
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section	7929
2903.214 of the Revised Code if the court determines that the	7930
respondent is indigent or used in the monitoring of an offender	7931
pursuant to an electronic monitoring order issued under division	7932
(B)(5) of section 2919.27 of the Revised Code if the court	7933
determines that the offender is indigent.	7934

(2) All costs paid pursuant to section 2743.70 of the Revised	7935
Code, the portions of license reinstatement fees mandated by	7936
division (F)(2)(b) of section 4511.191 of the Revised Code to be	7937
credited to the fund, the portions of the proceeds of the sale of	7938
a forfeited vehicle specified in division (C)(2) of section	7939
4503.234 of the Revised Code, payments collected by the department	7940
of rehabilitation and correction from prisoners who voluntarily	7941
participate in an approved work and training program pursuant to	7942
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	7943
all moneys collected by the state pursuant to its right of	7944
subrogation provided in section 2743.72 of the Revised Code shall	7945
be deposited in the fund.	7946

(B) In making an award of reparations, the attorney general	7947
shall render the award against the state. The award shall be	7948
accomplished only through the following procedure, and the	7949
following procedure may be enforced by writ of mandamus directed	7950
to the appropriate official:	7951

(1) The attorney general shall provide for payment of the	7952
claimant or providers in the amount of the award only if the	7953
amount of the award is fifty dollars or more.	7954

(2) The expense shall be charged against all available	7955
unencumbered moneys in the fund.	7956

(3) If sufficient unencumbered moneys do not exist in the	7957
fund, the attorney general shall make application for payment of	7958
the award out of the emergency purposes account or any other	7959
appropriation for emergencies or contingencies, and payment out of	7960
this account or other appropriation shall be authorized if there	7961
are sufficient moneys greater than the sum total of then pending	7962
emergency purposes account requests or requests for releases from	7963
the other appropriations.	7964

(4) If sufficient moneys do not exist in the account or any	7965
other appropriation for emergencies or contingencies to pay the	7966
award, the attorney general shall request the general assembly to	7967
make an appropriation sufficient to pay the award, and no payment	7968
shall be made until the appropriation has been made. The attorney	7969
general shall make this appropriation request during the current	7970
biennium and during each succeeding biennium until a sufficient	7971
appropriation is made. If, prior to the time that an appropriation	7972
is made by the general assembly pursuant to this division, the	7973
fund has sufficient unencumbered funds to pay the award or part of	7974
the award, the available funds shall be used to pay the award or	7975
part of the award, and the appropriation request shall be amended	7976
to request only sufficient funds to pay that part of the award	7977
that is unpaid.	7978

(C) The attorney general shall not make payment on a decision	7979
or order granting an award until all appeals have been determined	7980
and all rights to appeal exhausted, except as otherwise provided	7981
in this section. If any party to a claim for an award of	7982
reparations appeals from only a portion of an award, and a	7983
remaining portion provides for the payment of money by the state,	7984
that part of the award calling for the payment of money by the	7985
state and not a subject of the appeal shall be processed for	7986
payment as described in this section.	7987

(D) The attorney general shall prepare itemized bills for the	7988
costs of printing and distributing the pamphlet the attorney	7989
general prepares pursuant to section 109.42 of the Revised Code.	7990
The itemized bills shall set forth the name and address of the	7991
persons owed the amounts set forth in them.	7992

(E) As used in this section, "DNA analysis" and "DNA	7993
specimen" have the same meanings as in section 109.573 of the	7994
Revised Code.	7995

Sec. 2907.28. (A) Any cost incurred by a hospital or	7996
emergency medical facility in conducting a medical examination of	7997
a victim of an offense under any provision of sections 2907.02 to	7998
2907.06 of the Revised Code for the purpose of gathering physical	7999
evidence for a possible prosecution, including the cost of any	8000
antibiotics administered as part of the examination and the cost	8001
of HIV post-exposure prophylaxis provided as part of the	8002
examination, shall be paid out of the reparations fund established	8003
pursuant to section 2743.191 of the Revised Code, subject to the	8004
following conditions:	8005

(1) The hospital or emergency facility shall follow a	8006
protocol for conducting such medical examinations that is	8007
identified by the attorney general in rule adopted in accordance	8008
with Chapter 119. of the Revised Code.	8009

(2) The hospital or emergency facility shall submit requests	8010
for payment to the attorney general on a monthly basis, through a	8011
procedure determined by the attorney general and on forms approved	8012
by the attorney general. The requests shall identify the number of	8013
sexual assault examinations performed and the number of sexual	8014
assault examinations in which HIV post-exposure prophylaxis was	8015
provided and shall verify that all required protocols were met for	8016
each examination form submitted for payment in the request.	8017

(3) The attorney general shall review all requests for	8018
payment that are submitted under division (A)(2) of this section	8019
and shall submit for payment as described in division (A)(5) of	8020
this section all requests that meet the requirements of this	8021
section.	8022

(4)(a) The hospital or emergency facility shall accept a flat	8023
fee payment for conducting each examination in the amount	8024
determined by the attorney general pursuant to Chapter 119. of the	8025
Revised Code as payment in full for any cost incurred in	8026
conducting a medical examination and test of a victim of an	8027
offense under any provision of sections 2907.02 to 2907.06 of the	8028
Revised Code for the purpose of gathering physical evidence for a	8029
possible prosecution of a person, other than the cost of providing	8030
HIV post-exposure prophylaxis. The attorney general shall	8031
determine a flat fee payment amount to be paid under this division	8032
that is reasonable.	8033

(b) The hospital or emergency facility shall accept a flat	8034
fee payment for providing HIV post-exposure prophylaxis in the	8035
amount determined by the attorney general pursuant to Chapter 119.	8036
of the Revised Code as payment in full for any cost incurred in	8037
providing HIV post-exposure prophylaxis while conducting a medical	8038
examination and test of a victim of an offense under any provision	8039
of sections 2907.02 to 2907.06 of the Revised Code for the purpose	8040
of gathering physical evidence for a possible prosecution of a	8041
person. The attorney general shall determine a reasonable flat fee	8042
payment amount to be paid under this division.	8043

(5) In approving a payment under this section, the attorney	8044
general shall order the payment against the state. The payment	8045
shall be accomplished only through the following procedure, and	8046
the procedure may be enforced through a mandamus action and a writ	8047
of mandamus directed to the appropriate official:	8048

(a) The attorney general shall provide for payment in the	8049
amount set forth in the order.	8050

(b) The expense of the payment of the amount described in	8051
this section shall be charged against all available unencumbered	8052
moneys in the reparations fund.	8053

(B) No costs incurred by a hospital or emergency facility in	8054
conducting a medical examination and test of any victim of an	8055
offense under any provision of sections 2907.02 to 2907.06 of the	8056
Revised Code for the purpose of gathering physical evidence for a	8057
possible prosecution of a person shall be billed or charged	8058
directly or indirectly to the victim or the victim's insurer.	8059

(C) Any cost incurred by a hospital or emergency medical	8060
facility in conducting a medical examination and test of any	8061
person who is charged with a violation of division (B) of section	8062
2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.24,	8063
2907.241, or 2907.25 of the Revised Code or with a violation of a	8064
municipal ordinance that is substantially equivalent to that	8065
division or any of those sections, pursuant to division (B) of	8066
section 2907.27 of the Revised Code, shall be charged to and paid	8067
by the accused who undergoes the examination and test, unless the	8068
court determines that the accused is unable to pay, in which case	8069
the cost shall be charged to and paid by the municipal corporation	8070
in which the offense allegedly was committed, or charged to and	8071
paid by the county if the offense allegedly was committed within	8072
an unincorporated area. If separate counts of an alleged offense	8073
or alleged separate offenses under section 2907.02, 2907.03,	8074
2907.04, 2907.05, 2907.24, 2907.241, or 2907.25 of the Revised	8075
Code or under a municipal ordinance that is substantially	8076
equivalent to any of those sections took place in more than one	8077
municipal corporation or more than one unincorporated area, or	8078
both, the local governments shall share the cost of the	8079
examination and test. If a hospital or other emergency medical	8080
facility has submitted charges for the cost of a medical	8081
examination and test to an accused and has been unable to collect	8082
payment for the charges after making good faith attempts to	8083
collect for a period of six months or more, the cost shall be	8084
charged to and paid by the appropriate municipal corporation or	8085
county as specified in division (C) of this section.	8086

(D) As used in this section:

8087

(1) "AIDS" and "HIV" have the same meanings as in section	8088
3701.24 of the Revised Code.	8089

(2) "HIV post-exposure prophylaxis" means the administration	8090
of medicines to prevent AIDS or HIV infection following exposure	8091
to HIV.	8092

Sec. 2915.08. (A)(1) Annually before the first day of	8093
January, a charitable organization that desires to conduct bingo,	8094
instant bingo at a bingo session, or instant bingo other than at a	8095
bingo session shall make out, upon a form to be furnished by the	8096
attorney general for that purpose, an application for a license to	8097
conduct bingo, instant bingo at a bingo session, or instant bingo	8098
other than at a bingo session and deliver that application to the	8099
attorney general together with a license fee as follows:	8100

(a) Except as otherwise provided in this division, for a	8101
license for the conduct of bingo, two hundred dollars;	8102

(b) For a license for the conduct of instant bingo at a bingo	8103
session or instant bingo other than at a bingo session for a	8104
charitable organization that previously has not been licensed	8105
under this chapter to conduct instant bingo at a bingo session or	8106
instant bingo other than at a bingo session, a license fee of five	8107
hundred dollars, and for any other charitable organization, a	8108
license fee that is based upon the gross profits received by the	8109
charitable organization from the operation of instant bingo at a	8110
bingo session or instant bingo other than at a bingo session,	8111
during the one-year period ending on the thirty-first day of	8112
October of the year immediately preceding the year for which the	8113
license is sought, and that is one of the following:	8114

(i) Five hundred dollars, if the total is fifty thousand	8115
dollars or less;	8116

(ii) One thousand two hundred fifty dollars plus one-fourth	8117
per cent of the gross profit, if the total is more than fifty	8118
thousand dollars but less than two hundred fifty thousand one	8119
dollars;	8120

(iii) Two thousand two hundred fifty dollars plus one-half	8121
per cent of the gross profit, if the total is more than two	8122
hundred fifty thousand dollars but less than five hundred thousand	8123
one dollars;	8124

(iv) Three thousand five hundred dollars plus one per cent of	8125
the gross profit, if the total is more than five hundred thousand	8126
dollars but less than one million one dollars;	8127

(v) Five thousand dollars plus one per cent of the gross	8128
profit, if the total is one million one dollars or more;	8129

(c) A reduced license fee established by the attorney general	8130
pursuant to division (G) of this section.	8131

(d) For a license to conduct bingo for a charitable	8132
organization that prior to July 1, 2003, has not been licensed	8133
under this chapter to conduct bingo, instant bingo at a bingo	8134
session, or instant bingo other than at a bingo session, a license	8135
fee established by rule by the attorney general in accordance with	8136
division (H) of this section.	8137

(2) The application shall be in the form prescribed by the	8138
attorney general, shall be signed and sworn to by the applicant,	8139
and shall contain all of the following:	8140

(a) The name and post-office address of the applicant;

8141

(b) A statement that the applicant is a charitable	8142
organization and that it has been in continuous existence as a	8143
charitable organization in this state for two years immediately	8144
preceding the making of the application;	8145

(c) The location at which the organization will conduct	8146
bingo, which location shall be within the county in which the	8147
principal place of business of the applicant is located, the days	8148
of the week and the times on each of those days when bingo will be	8149
conducted, whether the organization owns, leases, or subleases the	8150
premises, and a copy of the rental agreement if it leases or	8151
subleases the premises;	8152

(d) A statement of the applicant's previous history, record,	8153
and association that is sufficient to establish that the applicant	8154
is a charitable organization, and a copy of a determination letter	8155
that is issued by the Internal Revenue Service and states that the	8156
organization is tax exempt under subsection 501(a) and described	8157
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	8158
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	8159

(e) A statement as to whether the applicant has ever had any	8160
previous application refused, whether it previously has had a	8161
license revoked or suspended, and the reason stated by the	8162
attorney general for the refusal, revocation, or suspension;	8163

(f) A statement of the charitable purposes for which the net	8164
profit derived from bingo, other than instant bingo, will be used,	8165
and a statement of how the net profit derived from instant bingo	8166
will be distributed in accordance with section 2915.101 of the	8167
Revised Code;	8168

(g) Other necessary and reasonable information that the	8169
attorney general may require by rule adopted pursuant to section	8170
111.15 of the Revised Code;	8171

(h) If the applicant is a charitable trust as defined in	8172
section 109.23 of the Revised Code, a statement as to whether it	8173
has registered with the attorney general pursuant to section	8174
109.26 of the Revised Code or filed annual reports pursuant to	8175
section 109.31 of the Revised Code, and, if it is not required to	8176
do either, the exemption in section 109.26 or 109.31 of the	8177
Revised Code that applies to it;	8178

(i) If the applicant is a charitable organization as defined	8179
in section 1716.01 of the Revised Code, a statement as to whether	8180
it has filed with the attorney general a registration statement	8181
pursuant to section 1716.02 of the Revised Code and a financial	8182
report pursuant to section 1716.04 of the Revised Code, and, if it	8183
is not required to do both, the exemption in section 1716.03 of	8184
the Revised Code that applies to it;	8185

(j) In the case of an applicant seeking to qualify as a youth	8186
athletic park organization, a statement issued by a board or body	8187
vested with authority under Chapter 755. of the Revised Code for	8188
the supervision and maintenance of recreation facilities in the	8189
territory in which the organization is located, certifying that	8190
the playing fields owned by the organization were used for at	8191
least one hundred days during the year in which the statement is	8192
issued, and were open for use to all residents of that territory,	8193
regardless of race, color, creed, religion, sex, or national	8194
origin, for athletic activities by youth athletic organizations	8195
that do not discriminate on the basis of race, color, creed,	8196
religion, sex, or national origin, and that the fields were not	8197
used for any profit-making activity at any time during the year.	8198
That type of board or body is authorized to issue the statement	8199
upon request and shall issue the statement if it finds that the	8200
applicant's playing fields were so used.	8201

(3) The attorney general, within thirty days after receiving	8202
a timely filed application from a charitable organization that has	8203
been issued a license under this section that has not expired and	8204
has not been revoked or suspended, shall send a temporary permit	8205
to the applicant specifying the date on which the application was	8206
filed with the attorney general and stating that, pursuant to	8207
section 119.06 of the Revised Code, the applicant may continue to	8208
conduct bingo until a new license is granted or, if the	8209
application is rejected, until fifteen days after notice of the	8210
rejection is mailed to the applicant. The temporary permit does	8211
not affect the validity of the applicant's application and does	8212
not grant any rights to the applicant except those rights	8213
specifically granted in section 119.06 of the Revised Code. The	8214
issuance of a temporary permit by the attorney general pursuant to	8215
this division does not prohibit the attorney general from	8216
rejecting the applicant's application because of acts that the	8217
applicant committed, or actions that the applicant failed to take,	8218
before or after the issuance of the temporary permit.	8219

(4) Within thirty days after receiving an initial license	8220
application from a charitable organization to conduct bingo,	8221
instant bingo at a bingo session, or instant bingo other than at a	8222
bingo session, the attorney general shall conduct a preliminary	8223
review of the application and notify the applicant regarding any	8224
deficiencies. Once an application is deemed complete, or beginning	8225
on the thirtieth day after the application is filed, if the	8226
attorney general failed to notify the applicant of any	8227
deficiencies, the attorney general shall have an additional sixty	8228
days to conduct an investigation and either grant or deny the	8229
application based on findings established and communicated in	8230
accordance with divisions (B) and (E) of this section. As an	8231
option to granting or denying an initial license application, the	8232
attorney general may grant a temporary license and request	8233
additional time to conduct the investigation if the attorney	8234
general has cause to believe that additional time is necessary to	8235
complete the investigation and has notified the applicant in	8236
writing about the specific concerns raised during the	8237
investigation.	8238

(B)(1) The attorney general shall adopt rules to enforce	8239
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	8240
Code to ensure that bingo or instant bingo is conducted in	8241
accordance with those sections and to maintain proper control over	8242
the conduct of bingo or instant bingo. The rules, except rules	8243
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	8244
shall be adopted pursuant to Chapter 119. of the Revised Code. The	8245
attorney general shall license charitable organizations to conduct	8246
bingo, instant bingo at a bingo session, or instant bingo other	8247
than at a bingo session in conformance with this chapter and with	8248
the licensing provisions of Chapter 119. of the Revised Code.	8249

(2) The attorney general may refuse to grant a license to any	8250
organization, or revoke or suspend the license of any	8251
organization, that does any of the following or to which any of	8252
the following applies:	8253

(a) Fails or has failed at any time to meet any requirement	8254
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	8255
2915.11 of the Revised Code, or violates or has violated any	8256
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	8257
Code or any rule adopted by the attorney general pursuant to this	8258
section;	8259

(b) Makes or has made an incorrect or false statement that is	8260
material to the granting of the license in an application filed	8261
pursuant to division (A) of this section;	8262

(c) Submits or has submitted any incorrect or false	8263
information relating to an application if the information is	8264
material to the granting of the license;	8265

(d) Maintains or has maintained any incorrect or false	8266
information that is material to the granting of the license in the	8267
records required to be kept pursuant to divisions (A) and (C) of	8268
section 2915.10 of the Revised Code, if applicable;	8269

(e) The attorney general has good cause to believe that the	8270
organization will not conduct bingo, instant bingo at a bingo	8271
session, or instant bingo other than at a bingo session in	8272
accordance with sections 2915.07 to 2915.13 of the Revised Code or	8273
with any rule adopted by the attorney general pursuant to this	8274
section.	8275

(3) For the purposes of division (B) of this section, any	8276
action of an officer, trustee, agent, representative, or bingo	8277
game operator of an organization is an action of the organization.	8278

(C) The attorney general may grant licenses to charitable	8279
organizations that are branches, lodges, or chapters of national	8280
charitable organizations.	8281

(D) The attorney general shall send notice in writing to the	8282
prosecuting attorney and sheriff of the county in which the	8283
organization will conduct bingo, instant bingo at a bingo session,	8284
or instant bingo other than at a bingo session, as stated in its	8285
application for a license or amended license, and to any other law	8286
enforcement agency in that county that so requests, of all of the	8287
following:	8288

(1) The issuance of the license;

8289

(2) The issuance of the amended license;

8290

(3) The rejection of an application for and refusal to grant	8291
a license;	8292

(4) The revocation of any license previously issued;

8293

(5) The suspension of any license previously issued.

8294

(E) A license issued by the attorney general shall set forth	8295
the information contained on the application of the charitable	8296
organization that the attorney general determines is relevant,	8297
including, but not limited to, the location at which the	8298
organization will conduct bingo, instant bingo at a bingo session,	8299
or instant bingo other than at a bingo session and the days of the	8300
week and the times on each of those days when bingo will be	8301
conducted. If the attorney general refuses to grant or revokes or	8302
suspends a license, the attorney general shall notify the	8303
applicant in writing and specifically identify the reason for the	8304
refusal, revocation, or suspension in narrative form and, if	8305
applicable, by identifying the section of the Revised Code	8306
violated. The failure of the attorney general to give the written	8307
notice of the reasons for the refusal, revocation, or suspension	8308
or a mistake in the written notice does not affect the validity of	8309
the attorney general's refusal to grant, or the revocation or	8310
suspension of, a license. If the attorney general fails to give	8311
the written notice or if there is a mistake in the written notice,	8312
the applicant may bring an action to compel the attorney general	8313
to comply with this division or to correct the mistake, but the	8314
attorney general's order refusing to grant, or revoking or	8315
suspending, a license shall not be enjoined during the pendency of	8316
the action.	8317

(F) A charitable organization that has been issued a license	8318
pursuant to division (B) of this section but that cannot conduct	8319
bingo or instant bingo at the location, or on the day of the week	8320
or at the time, specified on the license due to circumstances that	8321
make it impractical to do so, or that desires to conduct instant	8322
bingo other than at a bingo session at additional locations not	8323
identified on the license, may apply in writing, together with an	8324
application fee of two hundred fifty dollars, to the attorney	8325
general, at least thirty days prior to a change in or addition of	8326
a location, day of the week, or time, and request an amended	8327
license. ~~The~~As applicable, the application shall describe the	8328
causes making it impractical for the organization to conduct bingo	8329
or instant bingo in conformity with its license and shall indicate	8330
the location, days of the week, and times on each of those days	8331
when it desires to conduct bingo or instant bingo and, as	8332
applicable, shall indicate the additional locations at which it	8333
desires to conduct instant bingo other than at a bingo session.	8334
Except as otherwise provided in this division, the attorney	8335
general shall issue the amended license in accordance with	8336
division (E) of this section, and the organization shall surrender	8337
its original license to the attorney general. The attorney general	8338
may refuse to grant an amended license according to the terms of	8339
division (B) of this section.	8340

(G) The attorney general, by rule adopted pursuant to section	8341
111.15 of the Revised Code, shall establish a schedule of reduced	8342
license fees for charitable organizations that desire to conduct	8343
bingo or instant bingo during fewer than twenty-six weeks in any	8344
calendar year.	8345

(H) The attorney general, by rule adopted pursuant to section	8346
111.15 of the Revised Code, shall establish license fees for the	8347
conduct of bingo, instant bingo at a bingo session, or instant	8348
bingo other than at a bingo session for charitable organizations	8349
that prior to July 1, 2003, have not been licensed to conduct	8350
bingo, instant bingo at a bingo session, or instant bingo other	8351
than at a bingo session under this chapter.	8352

(I) The attorney general may enter into a written contract	8353
with any other state agency to delegate to that state agency the	8354
powers prescribed to the attorney general under Chapter 2915. of	8355
the Revised Code.	8356

(J) The attorney general, by rule adopted pursuant to section	8357
111.15 of the Revised Code, may adopt rules to determine the	8358
requirements for a charitable organization that is exempt from	8359
federal income taxation under subsection 501(a) and described in	8360
subsection 501(c)(3) of the Internal Revenue Code to be in good	8361
standing in the state.	8362

Sec. 2929.20. (A) As used in this section:

8363

(1)(a) Except as provided in division (A)(1)(b) of this	8364
section, "eligible offender" means any person who, on or after	8365
April 7, 2009, is serving a stated prison term that includes one	8366
or more nonmandatory prison terms.	8367

(b) "Eligible offender" does not include any person who, on	8368
or after April 7, 2009, is serving a stated prison term for any of	8369
the following criminal offenses that was a felony and was	8370
committed while the person held a public office in this state:	8371

(i) A violation of section 2921.02, 2921.03, 2921.05,	8372
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	8373
Code;	8374

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	8375
2921.12 of the Revised Code, when the conduct constituting the	8376
violation was related to the duties of the offender's public	8377
office or to the offender's actions as a public official holding	8378
that public office;	8379

(iii) A violation of an existing or former municipal	8380
ordinance or law of this or any other state or the United States	8381
that is substantially equivalent to any violation listed in	8382
division (A)(1)(b)(i) of this section;	8383

(iv) A violation of an existing or former municipal ordinance	8384
or law of this or any other state or the United States that is	8385
substantially equivalent to any violation listed in division	8386
(A)(1)(b)(ii) of this section, when the conduct constituting the	8387
violation was related to the duties of the offender's public	8388
office or to the offender's actions as a public official holding	8389
that public office;	8390

(v) A conspiracy to commit, attempt to commit, or complicity	8391
in committing any offense listed in division (A)(1)(b)(i) or	8392
described in division (A)(1)(b)(iii) of this section;	8393

(vi) A conspiracy to commit, attempt to commit, or complicity	8394
in committing any offense listed in division (A)(1)(b)(ii) or	8395
described in division (A)(1)(b)(iv) of this section, if the	8396
conduct constituting the offense that was the subject of the	8397
conspiracy, that would have constituted the offense attempted, or	8398
constituting the offense in which the offender was complicit was	8399
or would have been related to the duties of the offender's public	8400
office or to the offender's actions as a public official holding	8401
that public office.	8402

(2) "Nonmandatory prison term" means a prison term that is	8403
not a mandatory prison term.	8404

(3) "Public office" means any elected federal, state, or	8405
local government office in this state.	8406

(4) "Victim's representative" has the same meaning as in	8407
section 2930.01 of the Revised Code.	8408

(B) On the motion of an eligible offender or upon its own	8409
motion, the sentencing court may reduce the eligible offender's	8410
aggregated nonmandatory prison term or terms through a judicial	8411
release under this section.	8412

(C) An eligible offender may file a motion for judicial	8413
release with the sentencing court within the following applicable	8414
periods:	8415

(1) If the aggregated nonmandatory prison term or terms is	8416
less than two years, the eligible offender may file the motion not	8417
earlier than thirty days after the offender is delivered to a	8418
state correctional institution or, if the prison term includes a	8419
mandatory prison term or terms, not earlier than thirty days after	8420
the expiration of all mandatory prison terms.	8421

(2) If the aggregated nonmandatory prison term or terms is at	8422
least two years but less than five years, the eligible offender	8423
may file the motion not earlier than one hundred eighty days after	8424
the offender is delivered to a state correctional institution or,	8425
if the prison term includes a mandatory prison term or terms, not	8426
earlier than one hundred eighty days after the expiration of all	8427
mandatory prison terms.	8428

(3) If the aggregated nonmandatory prison term or terms is	8429
five years, the eligible offender may file the motion not earlier	8430
than four years after the eligible offender is delivered to a	8431
state correctional institution or, if the prison term includes a	8432
mandatory prison term or terms, not earlier than four years after	8433
the expiration of all mandatory prison terms.	8434

(4) If the aggregated nonmandatory prison term or terms is	8435
more than five years but not more than ten years, the eligible	8436
offender may file the motion not earlier than five years after the	8437
eligible offender is delivered to a state correctional institution	8438
or, if the prison term includes a mandatory prison term or terms,	8439
not earlier than five years after the expiration of all mandatory	8440
prison terms.	8441

(5) If the aggregated nonmandatory prison term or terms is	8442
more than ten years, the eligible offender may file the motion not	8443
earlier than the later of the date on which the offender has	8444
served one-half of the offender's stated prison term or the date	8445
specified in division (C)(4) of this section.	8446

(D) Upon receipt of a timely motion for judicial release	8447
filed by an eligible offender under division (C) of this section	8448
or upon the sentencing court's own motion made within the	8449
appropriate time specified in that division, the court may deny	8450
the motion without a hearing or schedule a hearing on the motion.	8451
The court shall not grant the motion without a hearing. If a court	8452
denies a motion without a hearing, the court later may consider	8453
judicial release for that eligible offender on a subsequent motion	8454
filed by that eligible offender ~~unless the court denies the motion~~	8455
~~with prejudice. If a court denies a motion with prejudice, the~~	8456
~~court may later consider judicial release~~or on its own motion. If	8457
a court denies a motion after a hearing, the court shall not	8458
consider amore than one subsequent motion for that eligible	8459
offender. The court shall not hold ~~only one hearing~~more than two	8460
hearings for any eligible offender.	8461

A hearing under this section shall be conducted in open court	8462
not less than thirty or more than sixty days after the motion is	8463
filed, provided that the court may delay the hearing for one	8464
hundred eighty additional days. If the court holds a hearing, the	8465
court shall enter a ruling on the motion within ten days after the	8466
hearing. If the court denies the motion without a hearing, the	8467
court shall enter its ruling on the motion within sixty days after	8468
the motion is filed.	8469

(E) If a court schedules a hearing under division (D) of this	8470
section, the court shall notify the eligible offender and the head	8471
of the state correctional institution in which the eligible	8472
offender is confined prior to the hearing. The head of the state	8473
correctional institution immediately shall notify the appropriate	8474
person at the department of rehabilitation and correction of the	8475
hearing, and the department within twenty-four hours after receipt	8476
of the notice, shall post on the database it maintains pursuant to	8477
section 5120.66 of the Revised Code the offender's name and all of	8478
the information specified in division (A)(1)(c)(i) of that	8479
section. If the court schedules a hearing for judicial release,	8480
the court promptly shall give notice of the hearing to the	8481
prosecuting attorney of the county in which the eligible offender	8482
was indicted. Upon receipt of the notice from the court, the	8483
prosecuting attorney shall do whichever of the following is	8484
applicable:	8485

(1) Subject to division (E)(2) of this section, notify the	8486
victim of the offense or the victim's representative pursuant to	8487
division (B) of section 2930.16 of the Revised Code;	8488

(2) If the offense was an offense of violence that is a	8489
felony of the first, second, or third degree, except as otherwise	8490
provided in this division, notify the victim or the victim's	8491
representative of the hearing regardless of whether the victim or	8492
victim's representative has requested the notification. The notice	8493
of the hearing shall not be given under this division to a victim	8494
or victim's representative if the victim or victim's	8495
representative has requested pursuant to division (B)(2) of	8496
section 2930.03 of the Revised Code that the victim or the	8497
victim's representative not be provided the notice. If notice is	8498
to be provided to a victim or victim's representative under this	8499
division, the prosecuting attorney may give the notice by any	8500
reasonable means, including regular mail, telephone, and	8501
electronic mail, in accordance with division (D)(1) of section	8502
2930.16 of the Revised Code. If the notice is based on an offense	8503
committed prior to ~~the effective date of this amendment~~March 22,	8504
2013, the notice also shall include the opt-out information	8505
described in division (D)(1) of section 2930.16 of the Revised	8506
Code. The prosecuting attorney, in accordance with division (D)(2)	8507
of section 2930.16 of the Revised Code, shall keep a record of all	8508
attempts to provide the notice, and of all notices provided, under	8509
this division. Division (E)(2) of this section, and the	8510
notice-related provisions of division (K) of this section,	8511
division (D)(1) of section 2930.16, division (H) of section	8512
2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b)	8513
of section 2967.26, division (D)(1) of section 2967.28, and	8514
division (A)(2) of section 5149.101 of the Revised Code enacted in	8515
the act in which division (E)(2) of this section was enacted,	8516
shall be known as "Roberta's Law."	8517

(F) Upon an offender's successful completion of	8518
rehabilitative activities, the head of the state correctional	8519
institution may notify the sentencing court of the successful	8520
completion of the activities.	8521

(G) Prior to the date of the hearing on a motion for judicial	8522
release under this section, the head of the state correctional	8523
institution in which the eligible offender is confined shall send	8524
to the court an institutional summary report on the eligible	8525
offender's conduct in the institution and in any institution from	8526
which the eligible offender may have been transferred. Upon the	8527
request of the prosecuting attorney of the county in which the	8528
eligible offender was indicted or of any law enforcement agency,	8529
the head of the state correctional institution, at the same time	8530
the person sends the institutional summary report to the court,	8531
also shall send a copy of the report to the requesting prosecuting	8532
attorney and law enforcement agencies. The institutional summary	8533
report shall cover the eligible offender's participation in	8534
school, vocational training, work, treatment, and other	8535
rehabilitative activities and any disciplinary action taken	8536
against the eligible offender. The report shall be made part of	8537
the record of the hearing.	8538

(H) If the court grants a hearing on a motion for judicial	8539
release under this section, the eligible offender shall attend the	8540
hearing if ordered to do so by the court. Upon receipt of a copy	8541
of the journal entry containing the order, the head of the state	8542
correctional institution in which the eligible offender is	8543
incarcerated shall deliver the eligible offender to the sheriff of	8544
the county in which the hearing is to be held. The sheriff shall	8545
convey the eligible offender to and from the hearing.	8546

(I) At the hearing on a motion for judicial release under	8547
this section, the court shall afford the eligible offender and the	8548
eligible offender's attorney an opportunity to present written	8549
and, if present, oral information relevant to the motion. The	8550
court shall afford a similar opportunity to the prosecuting	8551
attorney, the victim or the victim's representative, and any other	8552
person the court determines is likely to present additional	8553
relevant information. The court shall consider any statement of a	8554
victim made pursuant to section 2930.14 or 2930.17 of the Revised	8555
Code, any victim impact statement prepared pursuant to section	8556
2947.051 of the Revised Code, and any report made under division	8557
(G) of this section. The court may consider any written statement	8558
of any person submitted to the court pursuant to division (L) of	8559
this section. After ruling on the motion, the court shall notify	8560
the victim of the ruling in accordance with sections 2930.03 and	8561
2930.16 of the Revised Code.	8562

(J)(1) A court shall not grant a judicial release under this	8563
section to an eligible offender who is imprisoned for a felony of	8564
the first or second degree, or to an eligible offender who	8565
committed an offense under Chapter 2925. or 3719. of the Revised	8566
Code and for whom there was a presumption under section 2929.13 of	8567
the Revised Code in favor of a prison term, unless the court, with	8568
reference to factors under section 2929.12 of the Revised Code,	8569
finds both of the following:	8570

(a) That a sanction other than a prison term would adequately	8571
punish the offender and protect the public from future criminal	8572
violations by the eligible offender because the applicable factors	8573
indicating a lesser likelihood of recidivism outweigh the	8574
applicable factors indicating a greater likelihood of recidivism;	8575

(b) That a sanction other than a prison term would not demean	8576
the seriousness of the offense because factors indicating that the	8577
eligible offender's conduct in committing the offense was less	8578
serious than conduct normally constituting the offense outweigh	8579
factors indicating that the eligible offender's conduct was more	8580
serious than conduct normally constituting the offense.	8581

(2) A court that grants a judicial release to an eligible	8582
offender under division (J)(1) of this section shall specify on	8583
the record both findings required in that division and also shall	8584
list all the factors described in that division that were	8585
presented at the hearing.	8586

(K) If the court grants a motion for judicial release under	8587
this section, the court shall order the release of the eligible	8588
offender, shall place the eligible offender under an appropriate	8589
community control sanction, under appropriate conditions, and	8590
under the supervision of the department of probation serving the	8591
court and shall reserve the right to reimpose the sentence that it	8592
reduced if the offender violates the sanction. If the court	8593
reimposes the reduced sentence, it may do so either concurrently	8594
with, or consecutive to, any new sentence imposed upon the	8595
eligible offender as a result of the violation that is a new	8596
offense. The period of community control shall be no longer than	8597
five years. The court, in its discretion, may reduce the period of	8598
community control by the amount of time the eligible offender	8599
spent in jail or prison for the offense and in prison. If the	8600
court made any findings pursuant to division (J)(1) of this	8601
section, the court shall serve a copy of the findings upon counsel	8602
for the parties within fifteen days after the date on which the	8603
court grants the motion for judicial release.	8604

If the court grants a motion for judicial release, the court	8605
shall notify the appropriate person at the department of	8606
rehabilitation and correction, and the department shall post	8607
notice of the release on the database it maintains pursuant to	8608
section 5120.66 of the Revised Code. The court also shall notify	8609
the prosecuting attorney of the county in which the eligible	8610
offender was indicted that the motion has been granted. Unless the	8611
victim or the victim's representative has requested pursuant to	8612
division (B)(2) of section 2930.03 of the Revised Code that the	8613
victim or victim's representative not be provided the notice, the	8614
prosecuting attorney shall notify the victim or the victim's	8615
representative of the judicial release in any manner, and in	8616
accordance with the same procedures, pursuant to which the	8617
prosecuting attorney is authorized to provide notice of the	8618
hearing pursuant to division (E)(2) of this section. If the notice	8619
is based on an offense committed prior to ~~the effective date of~~	8620
~~this amendment~~March 22, 2013, the notice to the victim or	8621
victim's representative also shall include the opt-out information	8622
described in division (D)(1) of section 2930.16 of the Revised	8623
Code.	8624

(L) In addition to and independent of the right of a victim	8625
to make a statement pursuant to section 2930.14, 2930.17, or	8626
2946.051 of the Revised Code and any right of a person to present	8627
written information or make a statement pursuant to division (I)	8628
of this section, any person may submit to the court, at any time	8629
prior to the hearing on the offender's motion for judicial	8630
release, a written statement concerning the effects of the	8631
offender's crime or crimes, the circumstances surrounding the	8632
crime or crimes, the manner in which the crime or crimes were	8633
perpetrated, and the person's opinion as to whether the offender	8634
should be released.	8635

(M) The changes to this section that are made on September	8636
30, 2011, apply to any judicial release decision made on or after	8637
September 30, 2011, for any eligible offender.	8638

Sec. 2935.012. No peace officer shall issue a citation for,	8639
or arrest any person for, a violation of Title XLV of the Revised	8640
Code if the peace officer does not receive an hourly rate of pay	8641
or a salary from a law enforcement agency.	8642

For purposes of this section, "law enforcement agency" means	8643
an organization or unit made up of peace officers.	8644

Sec. 2945.402. (A) In approving a conditional release, the	8645
trial court may set any conditions on the release with respect to	8646
the treatment, evaluation, counseling, or control of the defendant	8647
or person that the court considers necessary to protect the public	8648
safety and the welfare of the defendant or person. The trial court	8649
may revoke a defendant's or person's conditional release and order	8650
reinstatement of the previous placement or reinstitutionalization	8651
at any time the conditions of the release have not been satisfied,	8652
provided that the revocation shall be in accordance with this	8653
section.	8654

(B) A conditional release is a commitment. The hearings on	8655
continued commitment as described in section 2945.401 of the	8656
Revised Code apply to a defendant or person on conditional	8657
release.	8658

(C) A person, agency, or facility that is assigned to monitor	8659
a defendant or person on conditional release immediately shall	8660
notify the trial court on learning that the defendant or person	8661
being monitored has violated the terms of the conditional release.	8662
Upon learning of any violation of the terms of the conditional	8663
release, the trial court may issue a temporary order of detention	8664
or, if necessary, an arrest warrant for the defendant or person.	8665
Within ten court days after the defendant's or person's detention	8666
or arrest, the trial court shall conduct a hearing to determine	8667
whether the conditional release should be modified or terminated.	8668
At the hearing, the defendant or person shall have the same rights	8669
as are described in division (C) of section 2945.40 of the Revised	8670
Code. The trial court may order a continuance of the ten-court-day	8671
period for no longer than ten days for good cause shown or for any	8672
period on motion of the defendant or person. If the trial court	8673
fails to conduct the hearing within the ten-court-day period and	8674
does not order a continuance in accordance with this division, the	8675
defendant or person shall be restored to the prior conditional	8676
release status.	8677

(D) The trial court shall give all parties reasonable notice	8678
of a hearing conducted under this section. At the hearing, the	8679
prosecutor shall present the case demonstrating that the defendant	8680
or person violated the terms of the conditional release. If the	8681
court finds by a preponderance of the evidence that the defendant	8682
or person violated the terms of the conditional release, the court	8683
may continue, modify, or terminate the conditional release and	8684
shall enter its order accordingly.	8685

(E)(1) If a court approves a conditional release, the court	8686
shall report the approval and information pertaining to the	8687
release to the local law enforcement agency. The local law	8688
enforcement agency shall enter the approval and information into	8689
the national crime information center supervised release file	8690
through the law enforcement automated data system. The information	8691
required by divisions (E)(1)(c) and (d) of this section shall be	8692
entered into the file's miscellaneous field. The information	8693
reported and entered shall include all of the following:	8694

(a) The name of the court providing the information;

8695

(b) The offense or offenses with which the defendant or	8696
person was charged;	8697

(c) Whether the person was found not guilty by reason of	8698
insanity or incompetent to stand trial with no substantial	8699
probability of becoming competent even with a course of treatment;	8700

(d) The reason for the conditional release;

8701

(e) Any other information required for the entry of	8702
information into the national crime information center supervised	8703
release file.	8704

(2) Information entered into the national crime information	8705
center supervised release file pursuant to this section shall	8706
remain in the file until the termination of the conditional	8707
release or commitment.	8708

(3) If a defendant or person about whom information is	8709
entered into the national crime information center supervised	8710
release file pursuant to division (E)(1) of this section has	8711
contact with a law enforcement agency after the information is	8712
entered, the agency shall report the contact to the department of	8713
mental health and addiction services and, if the terms of the	8714
release require the defendant or person to receive mental health	8715
treatment, to the person, office, or agency providing the	8716
treatment.	8717

(4) As used in division (E) of this section, "local law	8718
enforcement agency" means the police department of a municipal	8719
corporation in which the offense with which a releasee was charged	8720
allegedly occurred or, if the offense did not allegedly occur in a	8721
municipal corporation, the sheriff of the county in which the	8722
offense allegedly occurred.	8723

Sec. 3123.89. (A) Subject to section 3770.071 of the Revised	8724
Code, a child support enforcement agency that determines that an	8725
obligor who is the recipient of a lottery prize award is subject	8726
to a final and enforceable determination of default made under	8727
sections 3123.01 to 3123.07 of the Revised Code shall issue an	8728
intercept directive to the director of the state lottery	8729
commission. A copy of this intercept directive shall be sent to	8730
the obligor.	8731

(B) The intercept directive shall require the director or the	8732
director's designee to transmit an amount or amounts from the	8733
proceeds of the specified lottery prize award to the office of	8734
child support in the department of job and family services. The	8735
intercept directive also shall contain all of the following	8736
information:	8737

(1) The name, address, and social security number or taxpayer	8738
identification number of the obligor;	8739

(2) A statement that the obligor has been determined to be in	8740
default under a support order;	8741

(3) The amount of the arrearage owed by the obligor as	8742
determined by the agency.	8743

(C) After receipt of an intercept directive and in accordance	8744
with section 3770.071 of the Revised Code, the director or the	8745
director's designee shall deduct the amount or amounts specified	8746
from the proceeds of the lottery prize award referred to in the	8747
directive and transmit the amounts to the office of child support.	8748

(D) The department of job and family services shall develop	8749
and implement a real time data match program with the state	8750
lottery commission and its lottery sales agents and lottery agents	8751
to identify obligors who are subject to a final and enforceable	8752
determination of default made under sections 3123.01 to 3123.07 of	8753
the Revised Code in accordance with section 3770.071 of the	8754
Revised Code.	8755

(E) Upon the data match program's implementation, the	8756
department, in consultation with the commission, shall promulgate	8757
rules to facilitate withholding, in appropriate circumstances, by	8758
the commission or its lottery sales agents or lottery agents of an	8759
amount sufficient to satisfy any past due support owed by an	8760
obligor from a lottery prize award owed to the obligor up to the	8761
amount of the award. The rules shall describe an expedited method	8762
for withholding, and the time frame for transmission of the amount	8763
withheld to the department.	8764

Sec. 3123.90. (A) As used in this section, "casino	8765
facility," "casino operator," and "management company" have the	8766
meanings defined in section 3772.01 of the Revised Code.	8767

(B) The department of job and family services shall develop	8768
and implement a real time data match program with each casino	8769
facility's casino operator or management company to identify	8770
obligors who are subject to a final and enforceable determination	8771
of default made under sections 3123.01 to 3123.07 of the Revised	8772
Code.	8773

(C) Upon the data match program's implementation, if a	8774
person's winnings at a casino facility are an amount for which	8775
reporting to the internal revenue service of the amount is	8776
required by section 6041 of the Internal Revenue Code, as amended,	8777
the casino operator or management company shall refer to the data	8778
match program to determine if the person entitled to the winnings	8779
is in default under a support order. If the data match program	8780
indicates that the person is in default, the casino operator or	8781
management company shall withhold from the person's winnings an	8782
amount sufficient to satisfy any past due support owed by the	8783
obligor identified in the data match up to the amount of the	8784
winnings.	8785

(D) Not later than seven days after withholding the amount,	8786
the casino operator or management company shall transmit any	8787
amount withheld to the department as payment on the support	8788
obligation.	8789

(E) The department, in consultation with the Ohio casino	8790
control commission, may adopt rules under Chapter 119. of the	8791
Revised Code as are necessary for implementation of this section.	8792

Sec. 3302.15. (A) Notwithstanding anything to the contrary	8793
in Chapter 3301. or 3302. of the Revised Code, the board of	8794
education of a school district may submit to the superintendent of	8795
public instruction a request for a waiver for up to five school	8796
years from administering the state achievement assessments	8797
required under sections 3301.0710 and 3301.0712 of the Revised	8798
Code and related requirements specified under division (C)(2) of	8799
this section. A district that obtains a waiver under this section	8800
shall use the alternative assessment system, as proposed by the	8801
district or school and as approved by the state superintendent, in	8802
place of the assessments required under sections 3301.0710 and	8803
3301.0712 of the Revised Code.	8804

(B) To be eligible to submit a request for a waiver under	8805
this section, a school district shall be a member of the Ohio	8806
innovation lab network.	8807

(C)(1) A request for a waiver under this section shall	8808
contain the following:	8809

(a) A timeline to develop and implement an alternative	8810
assessment system for the school district;	8811

(b) An overview of the proposed educational programs or	8812
strategies to be offered by the school district;	8813

(c) An overview of the proposed alternative assessment	8814
system, including links to state-accepted and nationally accepted	8815
metrics, assessments, and evaluations;	8816

(d) An overview of planning details that have been	8817
implemented or proposed and any documented support from	8818
educational networks, established educational consultants, state	8819
institutions of higher education as defined under section 3345.011	8820
of the Revised Code, and employers or workforce development	8821
partners;	8822

(e) An overview of the capacity to implement the alternative	8823
assessments, conduct the evaluation of teachers with alternative	8824
assessments, and the reporting of student achievement data with	8825
alternative assessments for the purpose the report card ratings	8826
prescribed under section 3302.03 of the Revised Code, all of which	8827
shall include any prior success in implementing innovative	8828
educational programs or strategies, teaching practices, or	8829
assessment practices;	8830

(f) An acknowledgement by the school district of federal	8831
funding that may be impacted by obtaining a waiver.	8832

(2) The request for a waiver shall indicate the extent to	8833
which exemptions from state or federal requirements regarding the	8834
administration of the assessments required under sections	8835
3301.0710 and 3301.0712 of the Revised Code are sought. Such items	8836
from which a school district may be exempt are as follows:	8837

(a) The required administration of state assessments under	8838
sections 3301.0710 and 3301.0712 of the Revised Code;	8839

(b) The evaluation of teachers and administrators under	8840
sections 3311.80, 3311.84, division (D) of 3319.02, and 3319.111	8841
of the Revised Code;	8842

(c) The reporting of student achievement data for the purpose	8843
of the report card ratings prescribed under section 3302.03 of the	8844
Revised Code.	8845

(D) Each request for a waiver shall include the signature of	8846
all of the following:	8847

(1) The superintendent of the school district;

8848

(2) The president of the district board;

8849

(3) The presiding officer of the labor organization	8850
representing the district's teachers, if any;	8851

(4) If the district's teachers are not represented by a labor	8852
organization, the principal and a majority of the administrators	8853
and teachers of the district.	8854

(E) Not later than thirty days after receiving a request for	8855
a waiver, the state superintendent shall approve or deny the	8856
waiver or may request additional information from the district.	8857
The state superintendent shall not grant waivers to more than ten	8858
school districts. A waiver granted to a school district shall be	8859
contingent on an ongoing review and evaluation by the state	8860
superintendent of the program for which the waiver was granted.	8861

(F)(1) For the purpose of this section, the department of	8862
education shall seek a waiver from the testing requirements	8863
prescribed under the "No Child Left Behind Act of 2001," if	8864
necessary to implement this section.	8865

(2) The department shall create a mechanism for the	8866
comparison of the alternative assessments prescribed under	8867
division (C) of this section and the assessments required under	8868
sections 3301.0710 and 3301.0712 of the Revised Code as it relates	8869
to the evaluation of teachers and student achievement data for the	8870
purpose of state report card ratings.	8871

Sec. 3303.41. (A) There is hereby created the governor's	8872
council on people with disabilities. The council shall consist of	8873
twenty-one members of which the majority shall be people with	8874
disabilities as defined in this section, appointed by the governor	8875
for a term of three years except that for initial appointments,	8876
seven members shall be appointed for a term of one year, seven	8877
members shall be appointed for a term of two years, and seven	8878
members shall be appointed for a term of three years. Members may	8879
succeed themselves not more than one time. A member shall continue	8880
in office subsequent to the expiration of the member's term until	8881
the member's successor takes office. The governor shall ~~annually~~	8882
appoint a chairperson ~~who may~~to serve a two-year term. The	8883
chairperson shall not succeed himself or herself ~~not more than~~	8884
~~one time~~as chairperson. The chairperson shall continue in office	8885
subsequent to the expiration of the chairperson's term until the	8886
chairperson's successor takes office. Members of the council shall	8887
serve without compensation, but shall be paid the actual and	8888
necessary expenses they incur in the performance of their duties.	8889

(B) The council shall meet at least six times annually at	8890
such times and places as may be designated by the chairperson.	8891

(C) The ~~governor's council on people with disabilities shall~~	8892
~~be assigned to~~executive director of the opportunities for Ohioans	8893
with disabilities agency ~~for administrative purposes. The~~	8894
~~executive director of the opportunities for Ohioans with~~	8895
~~disabilities agency~~ shall ~~assign one~~provide the council with both	8896
of the following:	8897

(1) One professional staff person ~~to the council~~ to serve as	8898
executive secretary ~~and other personnel as determined advisable~~of	8899
the council;	8900

(2) Any meeting space, office furniture, and equipment that	8901
are necessary for the council to fulfill its duties.	8902

(D) The council shall have the following powers:

8903

~~(A)~~(1) To cooperate with the president's committee on	8904
employment of the handicapped;	8905

~~(B)~~(2) To cooperate with all employers both public and	8906
private in locating or developing employment opportunities for	8907
people with disabilities;	8908

~~(C)~~(3) To encourage and assist in the creation of committees	8909
at the community level;	8910

~~(D)~~(4) To assist local, state, and federal agencies to	8911
coordinate their activities for the purpose of securing maximum	8912
utilization of funds and efforts that benefit people with	8913
disabilities;	8914

~~(E)~~(5) To encourage cooperation among public and private	8915
employers, unions, and rehabilitation agencies, bureaus, and	8916
organizations both public and private with a specific goal to	8917
facilitate employment of people with disabilities;	8918

~~(F)~~(6) To serve in an advisory capacity to the governor's	8919
office directly and as needed to the general assembly on issues	8920
relating to the needs, problems, and other concerns of people with	8921
disabilities;	8922

~~(G)~~(7) To conduct educational programs to acquaint the public	8923
with the abilities and accomplishments of people with	8924
disabilities;	8925

~~(H)~~(8) To promote the elimination of architectural barriers	8926
to make buildings used by the public accessible and useable by	8927
persons with physical limitations;	8928

~~(I)~~(9) To make such rules as it determines advisable for the	8929
conduct of its own business.	8930

(E) The council shall annually report to the governor on	8931
council activities and on the state of the people of this state	8932
with disabilities. This report may include any recommendations	8933
believed necessary or desirable to carry out the purposes of this	8934
section.	8935

(F) As used in this section, "person with a disability" means	8936
any individual who has a disability or condition that, regardless	8937
of its physical or mental origin, imposes a functional limitation.	8938

(G) It shall be lawful for any public employee or officer to	8939
serve as a member of the council.	8940

Sec. 3313.351. The attorney general may educate school	8941
districts about contracting with any entity that provides students	8942
with account-based access to a web site or an online service,	8943
including electronic mail.	8944

Sec. 3313.372. (A) As used in this section, "energy	8945
conservation measure" means an installation or modification of an	8946
installation in, or remodeling of, a building, to reduce energy	8947
consumption. It includes:	8948

(1) Insulation of the building structure and systems within	8949
the building;	8950

(2) Storm windows and doors, multiglazed windows and doors,	8951
heat absorbing or heat reflective glazed and coated window and	8952
door systems, additional glazing, reductions in glass area, and	8953
other window and door system modifications that reduce energy	8954
consumption;	8955

(3) Automatic energy control systems;

8956

(4) Heating, ventilating, or air conditioning system	8957
modifications or replacements;	8958

(5) Caulking and weatherstripping;

8959

(6) Replacement or modification of lighting fixtures to	8960
increase the energy efficiency of the system without increasing	8961
the overall illumination of a facility, unless such increase in	8962
illumination is necessary to conform to the applicable state or	8963
local building code for the proposed lighting system;	8964

(7) Energy recovery systems;

8965

(8) Cogeneration systems that produce steam or forms of	8966
energy such as heat, as well as electricity, for use primarily	8967
within a building or complex of buildings;	8968

(9) Any other modification, installation, or remodeling	8969
approved by the Ohio school facilities commission as an energy	8970
conservation measure.	8971

(B) A board of education of a city, exempted village, local,	8972
or joint vocational school district may enter into an installment	8973
payment contract for the purchase and installation of energy	8974
conservation measures. The provisions of such installment payment	8975
contracts dealing with interest charges and financing terms shall	8976
not be subject to the competitive bidding requirements of section	8977
3313.46 of the Revised Code, and shall be on the following terms:	8978

(1) Not less than one-fifteenth of the costs thereof shall be	8979
paid within two years from the date of purchase.	8980

(2) The remaining balance of the costs thereof shall be paid	8981
within fifteen years from the date of purchase.	8982

The provisions of any installment payment contract entered	8983
into pursuant to this section shall provide that all payments,	8984
except payments for repairs and obligations on termination of the	8985
contract prior to its expiration, be stated as a percentage of	8986
calculated energy, water, or waste water cost savings, avoided	8987
operating costs, and avoided capital costs attributable to the one	8988
or more measures over a defined period of time. Those payments	8989
shall be made only to the extent that the savings described in	8990
this division actually occur. The ~~contractor~~energy services	8991
company shall warrant and guarantee that the energy conservation	8992
measures shall realize guaranteed savings and shall be responsible	8993
to pay an amount equal to any savings shortfall.	8994

An installment payment contract entered into by a board of	8995
education under this section shall require the board to contract	8996
in accordance with division (A) of section 3313.46 of the Revised	8997
Code for the installation, modification, or remodeling of energy	8998
conservation measures unless division (A) of section 3313.46 of	8999
the Revised Code does not apply pursuant to division (B)(3) of	9000
that section.	9001

(C) If a board of education determines that a surety bond is	9002
necessary to secure energy, water, or waste water cost savings	9003
guaranteed in a contract entered into by the board of education	9004
under this section, the energy services company shall provide a	9005
surety bond that satisfies all of the following requirements:	9006

(1) The penal sum of the surety bond for the first guarantee	9007
year shall equal the amount of savings included in the annual	9008
guaranteed savings amount that is measured and calculated in	9009
accordance with the measurement and verification plan included in	9010
the contract, but may not include guaranteed savings that are not	9011
measured or that are stipulated in the contract. The annual	9012
guaranteed savings amount shall include only the savings	9013
guaranteed in the contract for the one-year term that begins on	9014
the first day of the first savings guarantee year and may not	9015
include amounts from subsequent years.	9016

(2) The surety bond shall have a term of not more than one	9017
year unless renewed. At the option of the board of education, the	9018
surety bond may be renewed for one or two additional terms, each	9019
term not to exceed one year. The surety bond may not be renewed or	9020
extended so that it is in effect for more than three consecutive	9021
years.	9022

In the event of a renewal, the penal sum of the surety bond	9023
for each renewed year shall be revised so that the penal sum	9024
equals the annual guaranteed savings amount for such renewal year	9025
that is measured and calculated in accordance with the measurement	9026
and verification plan included in the contract, but may not	9027
include guaranteed savings that are not measured or that are	9028
stipulated in the contract. Regardless of the number of renewals	9029
of the bond, the aggregate liability under each renewed bond may	9030
not exceed the penal sum stated in the renewal certificate for the	9031
applicable renewal year.	9032

(3) The surety bond for the first year shall be issued within	9033
thirty days of the commencement of the first savings guarantee	9034
year under the contract.	9035

In the event of renewal, the surety shall deliver to the	9036
board of education a renewal certificate reflecting the revised	9037
penal sum within thirty days of the board of education's request.	9038
The board of education shall deliver the request for renewal not	9039
less than thirty days prior to the expiration date of the surety	9040
bond then in existence. A surety bond furnished pursuant to	9041
section 153.54 of the Revised Code shall not secure obligations	9042
related to energy, water, or waste water cost savings as	9043
referenced in division (C) of this section.	9044

(D) The board may issue the notes of the school district	9045
signed by the president and the treasurer of the board and	9046
specifying the terms of the purchase and securing the deferred	9047
payments provided in this section, payable at the times provided	9048
and bearing interest at a rate not exceeding the rate determined	9049
as provided in section 9.95 of the Revised Code. The notes may	9050
contain an option for prepayment and shall not be subject to	9051
Chapter 133. of the Revised Code. In the resolution authorizing	9052
the notes, the board may provide, without the vote of the electors	9053
of the district, for annually levying and collecting taxes in	9054
amounts sufficient to pay the interest on and retire the notes,	9055
except that the total net indebtedness of the district without a	9056
vote of the electors incurred under this and all other sections of	9057
the Revised Code, except section 3318.052 of the Revised Code,	9058
shall not exceed one per cent of the district's tax valuation.	9059
Revenues derived from local taxes or otherwise, for the purpose of	9060
conserving energy or for defraying the current operating expenses	9061
of the district, may be applied to the payment of interest and the	9062
retirement of such notes. The notes may be sold at private sale or	9063
given to the ~~contractor~~energy services company under the	9064
installment payment contract authorized by division (B) of this	9065
section.	9066

~~(D)~~(E) Debt incurred under this section shall not be included	9067
in the calculation of the net indebtedness of a school district	9068
under section 133.06 of the Revised Code.	9069

~~(E)~~(F) No school district board shall enter into an	9070
installment payment contract under division (B) of this section	9071
unless it first obtains a report of the costs of the energy	9072
conservation measures and the savings thereof as described under	9073
division (G) of section 133.06 of the Revised Code as a	9074
requirement for issuing energy securities, makes a finding that	9075
the amount spent on such measures is not likely to exceed the	9076
amount of money it would save in energy costs and resultant	9077
operational and maintenance costs as described in that division,	9078
except that that finding shall cover the ensuing fifteen years,	9079
and the Ohio school facilities commission determines that the	9080
district board's findings are reasonable and approves the contract	9081
as described in that division.	9082

The district board shall monitor the savings and maintain a	9083
report of those savings, which shall be submitted to the	9084
commission in the same manner as required by division (G) of	9085
section 133.06 of the Revised Code in the case of energy	9086
securities.	9087

Sec. 3313.902. (A) As used in this section:

9088

(1) "Approved industry credential or certificate" means a	9089
credential or certificate that is approved by the chancellor of	9090
the Ohio board of regents.	9091

(2) "Eligible institution" means any of the following:

9092

(a) A community college established under Chapter 3354. of	9093
the Revised Code;	9094

(b) A technical college established under Chapter 3357. of	9095
the Revised Code;	9096

(c) A state community college established under Chapter 3358.	9097
of the Revised Code;	9098

(d) An Ohio technical center recognized by the chancellor	9099
that provides post-secondary workforce education.	9100

(3) "Eligible student" means an individual who is at least	9101
twenty-two years of age and has not received a high school diploma	9102
or a certificate of high school equivalence, as defined in section	9103
4109.06 of the Revised Code.	9104

(B) The adult career opportunity pilot program is hereby	9105
established to permit an eligible institution to obtain approval	9106
from the state board of education and the chancellor to develop	9107
and offer a program of study that allows an eligible student to	9108
obtain a high school diploma. A program shall be eligible for this	9109
approval if it satisfies all of the following requirements:	9110

(1) The program allows an eligible student to complete the	9111
requirements for obtaining a high school diploma while completing	9112
requirements for an approved industry credential or certificate.	9113

(2) The program includes career advising and outreach.

9114

(3) The program includes opportunities for students to	9115
receive a competency-based education.	9116

(C) The superintendent of public instruction, in consultation	9117
with the chancellor, shall adopt rules for the implementation of	9118
the adult career opportunity pilot program, including the	9119
requirements for applying for program approval.	9120

Sec. 3314.08. (A) As used in this section:

9121

(1)(a) "Category one career-technical education student"	9122
means a student who is receiving the career-technical education	9123
services described in division (A) of section 3317.014 of the	9124
Revised Code.	9125

(b) "Category two career-technical student" means a student	9126
who is receiving the career-technical education services described	9127
in division (B) of section 3317.014 of the Revised Code.	9128

(c) "Category three career-technical student" means a student	9129
who is receiving the career-technical education services described	9130
in division (C) of section 3317.014 of the Revised Code.	9131

(d) "Category four career-technical student" means a student	9132
who is receiving the career-technical education services described	9133
in division (D) of section 3317.014 of the Revised Code.	9134

(e) "Category five career-technical education student" means	9135
a student who is receiving the career-technical education services	9136
described in division (E) of section 3317.014 of the Revised Code.	9137

(2)(a) "Category one limited English proficient student"	9138
means a limited English proficient student described in division	9139
(A) of section 3317.016 of the Revised Code.	9140

(b) "Category two limited English proficient student" means a	9141
limited English proficient student described in division (B) of	9142
section 3317.016 of the Revised Code.	9143

(c) "Category three limited English proficient student" means	9144
a limited English proficient student described in division (C) of	9145
section 3317.016 of the Revised Code.	9146

(3)(a) "Category one special education student" means a	9147
student who is receiving special education services for a	9148
disability specified in division (A) of section 3317.013 of the	9149
Revised Code.	9150

(b) "Category two special education student" means a student	9151
who is receiving special education services for a disability	9152
specified in division (B) of section 3317.013 of the Revised Code.	9153

(c) "Category three special education student" means a	9154
student who is receiving special education services for a	9155
disability specified in division (C) of section 3317.013 of the	9156
Revised Code.	9157

(d) "Category four special education student" means a student	9158
who is receiving special education services for a disability	9159
specified in division (D) of section 3317.013 of the Revised Code.	9160

(e) "Category five special education student" means a student	9161
who is receiving special education services for a disability	9162
specified in division (E) of section 3317.013 of the Revised Code.	9163

(f) "Category six special education student" means a student	9164
who is receiving special education services for a disability	9165
specified in division (F) of section 3317.013 of the Revised Code.	9166

(4) "Formula amount" has the same meaning as in section	9167
3317.02 of the Revised Code.	9168

(5) "IEP" has the same meaning as in section 3323.01 of the	9169
Revised Code.	9170

(6) "Resident district" means the school district in which a	9171
student is entitled to attend school under section 3313.64 or	9172
3313.65 of the Revised Code.	9173

(7) "State education aid" has the same meaning as in section	9174
5751.20 of the Revised Code.	9175

(B) The state board of education shall adopt rules requiring	9176
both of the following:	9177

(1) The board of education of each city, exempted village,	9178
and local school district to annually report the number of	9179
students entitled to attend school in the district who are	9180
enrolled in each grade kindergarten through twelve in a community	9181
school established under this chapter, and for each child, the	9182
community school in which the child is enrolled.	9183

(2) The governing authority of each community school	9184
established under this chapter to annually report all of the	9185
following:	9186

(a) The number of students enrolled in grades one through	9187
twelve and the full-time equivalent number of students enrolled in	9188
kindergarten in the school who are not receiving special education	9189
and related services pursuant to an IEP;	9190

(b) The number of enrolled students in grades one through	9191
twelve and the full-time equivalent number of enrolled students in	9192
kindergarten, who are receiving special education and related	9193
services pursuant to an IEP;	9194

(c) The number of students reported under division (B)(2)(b)	9195
of this section receiving special education and related services	9196
pursuant to an IEP for a disability described in each of divisions	9197
(A) to (F) of section 3317.013 of the Revised Code;	9198

(d) The full-time equivalent number of students reported	9199
under divisions (B)(2)(a) and (b) of this section who are enrolled	9200
in career-technical education programs or classes described in	9201
each of divisions (A) to (E) of section 3317.014 of the Revised	9202
Code that are provided by the community school;	9203

(e) ~~Twenty per cent of the~~The number of students reported	9204
under divisions (B)(2)(a) and (b) of this section who are not	9205
reported under division (B)(2)(d) of this section but who are	9206
enrolled in career-technical education programs or classes	9207
described in each of divisions (A) to (E) of section 3317.014 of	9208
the Revised Code at a joint vocational school district or another	9209
district in the career-technical planning district to which the	9210
school is assigned;	9211

(f) The number of students reported under divisions (B)(2)(a)	9212
and (b) of this section who are category one to three limited	9213
English proficient students described in each of divisions (A) to	9214
(C) of section 3317.016 of the Revised Code;	9215

(g) The number of students reported under divisions (B)(2)(a)	9216
and (b) who are economically disadvantaged, as defined by the	9217
department. A student shall not be categorically excluded from the	9218
number reported under division (B)(2)(g) of this section based on	9219
anything other than family income.	9220

(h) For each student, the city, exempted village, or local	9221
school district in which the student is entitled to attend school	9222
under section 3313.64 or 3313.65 of the Revised Code.	9223

A school district board and a community school governing	9224
authority shall include in their respective reports under division	9225
(B) of this section any child admitted in accordance with division	9226
(A)(2) of section 3321.01 of the Revised Code.	9227

A governing authority of a community school shall not include	9228
in its report under division (B)(2) of this section any student	9229
for whom tuition is charged under division (F) of this section.	9230

(C)(1) Except as provided in division (C)(2) of this section,	9231
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	9232
section, on a full-time equivalency basis, for each student	9233
enrolled in a community school established under this chapter, the	9234
department of education annually shall deduct from the state	9235
education aid of a student's resident district and, if necessary,	9236
from the payment made to the district under sections 321.24 and	9237
323.156 of the Revised Code and pay to the community school the	9238
sum of the following:	9239

(a) An opportunity grant in an amount equal to the formula	9240
amount;	9241

(b) The per pupil amount of targeted assistance funds	9242
calculated under division (A) of section 3317.0217 of the Revised	9243
Code for the student's resident district, as determined by the	9244
department, X 0.25;	9245

(c) Additional state aid for special education and related	9246
services provided under Chapter 3323. of the Revised Code as	9247
follows:	9248

(i) If the student is a category one special education	9249
student, the amount specified in division (A) of section 3317.013	9250
of the Revised Code;	9251

(ii) If the student is a category two special education	9252
student, the amount specified in division (B) of section 3317.013	9253
of the Revised Code;	9254

(iii) If the student is a category three special education	9255
student, the amount specified in division (C) of section 3317.013	9256
of the Revised Code;	9257

(iv) If the student is a category four special education	9258
student, the amount specified in division (D) of section 3317.013	9259
of the Revised Code;	9260

(v) If the student is a category five special education	9261
student, the amount specified in division (E) of section 3317.013	9262
of the Revised Code;	9263

(vi) If the student is a category six special education	9264
student, the amount specified in division (F) of section 3317.013	9265
of the Revised Code.	9266

(d) If the student is in kindergarten through third grade, an	9267
additional amount of $211, in fiscal year 2014, and $290, in	9268
fiscal year 2015;	9269

(e) If the student is economically disadvantaged, an	9270
additional amount equal to the following:	9271

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	9272
(the resident district's economically disadvantaged index)	9273

(f) Limited English proficiency funds as follows:

9274

(i) If the student is a category one limited English	9275
proficient student, the amount specified in division (A) of	9276
section 3317.016 of the Revised Code;	9277

(ii) If the student is a category two limited English	9278
proficient student, the amount specified in division (B) of	9279
section 3317.016 of the Revised Code;	9280

(iii) If the student is a category three limited English	9281
proficient student, the amount specified in division (C) of	9282
section 3317.016 of the Revised Code.	9283

(g) ~~Career-technical~~If the student is reported under	9284
division (B)(2)(d) of this section, career-technical education	9285
funds as follows:	9286

(i) If the student is a category one career-technical	9287
education student, the amount specified in division (A) of section	9288
3317.014 of the Revised Code;	9289

(ii) If the student is a category two career-technical	9290
education student, the amount specified in division (B) of section	9291
3317.014 of the Revised Code;	9292

(iii) If the student is a category three career-technical	9293
education student, the amount specified in division (C) of section	9294
3317.014 of the Revised Code;	9295

(iv) If the student is a category four career-technical	9296
education student, the amount specified in division (D) of section	9297
3317.014 of the Revised Code;	9298

(v) If the student is a category five career-technical	9299
education student, the amount specified in division (E) of section	9300
3317.014 of the Revised Code.	9301

Deduction and payment of funds under division (C)(1)(g) of	9302
this section is subject to approval by the lead district of a	9303
career-technical planning district or the department of education	9304
under section 3317.161 of the Revised Code.	9305

(2) When deducting from the state education aid of a	9306
student's resident district for students enrolled in an internet-	9307
or computer-based community school and making payments to such	9308
school under this section, the department shall make the	9309
deductions and payments described in only divisions (C)(1)(a),	9310
(c), and (g) of this section.	9311

No deductions or payments shall be made for a student	9312
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	9313
of this section.	9314

(3)(a) If a community school's costs for a fiscal year for a	9315
student receiving special education and related services pursuant	9316
to an IEP for a disability described in divisions (B) to (F) of	9317
section 3317.013 of the Revised Code exceed the threshold	9318
catastrophic cost for serving the student as specified in division	9319
(B) of section 3317.0214 of the Revised Code, the school may	9320
submit to the superintendent of public instruction documentation,	9321
as prescribed by the superintendent, of all its costs for that	9322
student. Upon submission of documentation for a student of the	9323
type and in the manner prescribed, the department shall pay to the	9324
community school an amount equal to the school's costs for the	9325
student in excess of the threshold catastrophic costs.	9326

(b) The community school shall report under division	9327
(C)(3)(a) of this section, and the department shall pay for, only	9328
the costs of educational expenses and the related services	9329
provided to the student in accordance with the student's	9330
individualized education program. Any legal fees, court costs, or	9331
other costs associated with any cause of action relating to the	9332
student may not be included in the amount.	9333

(4) In any fiscal year, a community school receiving funds	9334
under division (C)(1)(g) of this section shall spend those funds	9335
only for the purposes that the department designates as approved	9336
for career-technical education expenses. Career-technical	9337
~~educational~~education expenses approved by the department shall	9338
include only expenses connected to the delivery of	9339
career-technical programming to career-technical students. The	9340
department shall require the school to report data annually so	9341
that the department may monitor the school's compliance with the	9342
requirements regarding the manner in which funding received under	9343
division (C)(1)(g) of this section may be spent.	9344

(5) All funds received under division (C)(1)(g) of this	9345
section shall be spent in the following manner:	9346

(a) At least seventy-five per cent of the funds shall be	9347
spent on curriculum development, purchase, and implementation;	9348
instructional resources and supplies; industry-based program	9349
certification; student assessment, credentialing, and placement;	9350
curriculum specific equipment purchases and leases;	9351
career-technical student organization fees and expenses; home and	9352
agency linkages; work-based learning experiences; professional	9353
development; and other costs directly associated with	9354
career-technical education programs including development of new	9355
programs.	9356

(b) Not more than twenty-five per cent of the funds shall be	9357
used for personnel expenditures.	9358

(6) A community school shall spend the funds it receives	9359
under division (C)(1)(e) of this section in accordance with	9360
section 3317.25 of the Revised Code.	9361

(7) If the sum of the payments computed under ~~division~~	9362
divisions (C)(1) and (8)(a) of this section for the students	9363
entitled to attend school in a particular school district under	9364
sections 3313.64 and 3313.65 of the Revised Code exceeds the sum	9365
of that district's state education aid and its payment under	9366
sections 321.24 and 323.156 of the Revised Code, the department	9367
shall calculate and apply a proration factor to the payments to	9368
all community schools under that division for the students	9369
entitled to attend school in that district.	9370

(8)(a) Subject to division (C)(7) of this section, the	9371
department annually shall pay to each community school, including	9372
each internet- or computer-based community school, an amount equal	9373
to the following:	9374

(The number of students reported by the community school	9375
under division (B)(2)(e) of this section X the formula amount X	9376
.20)	9377

(b) For each payment made to a community school under	9378
division (C)(8)(a) of this section, the department shall deduct	9379
from the state education aid of each city, local, and exempted	9380
village school district and, if necessary, from the payment made	9381
to the district under sections 321.24 and 323.156 of the Revised	9382
Code an amount equal to the following:	9383

(The number of the district's students reported by the	9384
community school under division (B)(2)(e) of this section X the	9385
formula amount X .20)	9386

(D) A board of education sponsoring a community school may	9387
utilize local funds to make enhancement grants to the school or	9388
may agree, either as part of the contract or separately, to	9389
provide any specific services to the community school at no cost	9390
to the school.	9391

(E) A community school may not levy taxes or issue bonds	9392
secured by tax revenues.	9393

(F) No community school shall charge tuition for the	9394
enrollment of any student who is a resident of this state. A	9395
community school may charge tuition for the enrollment of any	9396
student who is not a resident of this state.	9397

(G)(1)(a) A community school may borrow money to pay any	9398
necessary and actual expenses of the school in anticipation of the	9399
receipt of any portion of the payments to be received by the	9400
school pursuant to division (C) of this section. The school may	9401
issue notes to evidence such borrowing. The proceeds of the notes	9402
shall be used only for the purposes for which the anticipated	9403
receipts may be lawfully expended by the school.	9404

(b) A school may also borrow money for a term not to exceed	9405
fifteen years for the purpose of acquiring facilities.	9406

(2) Except for any amount guaranteed under section 3318.50 of	9407
the Revised Code, the state is not liable for debt incurred by the	9408
governing authority of a community school.	9409

(H) The department of education shall adjust the amounts	9410
subtracted and paid under division (C) of this section to reflect	9411
any enrollment of students in community schools for less than the	9412
equivalent of a full school year. The state board of education	9413
within ninety days after April 8, 2003, shall adopt in accordance	9414
with Chapter 119. of the Revised Code rules governing the payments	9415
to community schools under this section including initial payments	9416
in a school year and adjustments and reductions made in subsequent	9417
periodic payments to community schools and corresponding	9418
deductions from school district accounts as provided under	9419
division (C) of this section. For purposes of this section:	9420

(1) A student shall be considered enrolled in the community	9421
school for any portion of the school year the student is	9422
participating at a college under Chapter 3365. of the Revised	9423
Code.	9424

(2) A student shall be considered to be enrolled in a	9425
community school for the period of time beginning on the later of	9426
the date on which the school both has received documentation of	9427
the student's enrollment from a parent and the student has	9428
commenced participation in learning opportunities as defined in	9429
the contract with the sponsor, or thirty days prior to the date on	9430
which the student is entered into the education management	9431
information system established under section 3301.0714 of the	9432
Revised Code. For purposes of applying this division and divisions	9433
(H)(3) and (4) of this section to a community school student,	9434
"learning opportunities" shall be defined in the contract, which	9435
shall describe both classroom-based and non-classroom-based	9436
learning opportunities and shall be in compliance with criteria	9437
and documentation requirements for student participation which	9438
shall be established by the department. Any student's instruction	9439
time in non-classroom-based learning opportunities shall be	9440
certified by an employee of the community school. A student's	9441
enrollment shall be considered to cease on the date on which any	9442
of the following occur:	9443

(a) The community school receives documentation from a parent	9444
terminating enrollment of the student.	9445

(b) The community school is provided documentation of a	9446
student's enrollment in another public or private school.	9447

(c) The community school ceases to offer learning	9448
opportunities to the student pursuant to the terms of the contract	9449
with the sponsor or the operation of any provision of this	9450
chapter.	9451

Except as otherwise specified in this paragraph, beginning in	9452
the 2011-2012 school year, any student who completed the prior	9453
school year in an internet- or computer-based community school	9454
shall be considered to be enrolled in the same school in the	9455
subsequent school year until the student's enrollment has ceased	9456
as specified in division (H)(2) of this section. The department	9457
shall continue subtracting and paying amounts for the student	9458
under division (C) of this section without interruption at the	9459
start of the subsequent school year. However, if the student	9460
without a legitimate excuse fails to participate in the first one	9461
hundred five consecutive hours of learning opportunities offered	9462
to the student in that subsequent school year, the student shall	9463
be considered not to have re-enrolled in the school for that	9464
school year and the department shall recalculate the payments to	9465
the school for that school year to account for the fact that the	9466
student is not enrolled.	9467

(3) The department shall determine each community school	9468
student's percentage of full-time equivalency based on the	9469
percentage of learning opportunities offered by the community	9470
school to that student, reported either as number of hours or	9471
number of days, is of the total learning opportunities offered by	9472
the community school to a student who attends for the school's	9473
entire school year. However, no internet- or computer-based	9474
community school shall be credited for any time a student spends	9475
participating in learning opportunities beyond ten hours within	9476
any period of twenty-four consecutive hours. Whether it reports	9477
hours or days of learning opportunities, each community school	9478
shall offer not less than nine hundred twenty hours of learning	9479
opportunities during the school year.	9480

(4) With respect to the calculation of full-time equivalency	9481
under division (H)(3) of this section, the department shall waive	9482
the number of hours or days of learning opportunities not offered	9483
to a student because the community school was closed during the	9484
school year due to disease epidemic, hazardous weather conditions,	9485
law enforcement emergencies, inoperability of school buses or	9486
other equipment necessary to the school's operation, damage to a	9487
school building, or other temporary circumstances due to utility	9488
failure rendering the school building unfit for school use, so	9489
long as the school was actually open for instruction with students	9490
in attendance during that school year for not less than the	9491
minimum number of hours required by this chapter. The department	9492
shall treat the school as if it were open for instruction with	9493
students in attendance during the hours or days waived under this	9494
division.	9495

(I) The department of education shall reduce the amounts paid	9496
under this section to reflect payments made to colleges under	9497
division (B) of section 3365.07 of the Revised Code or through	9498
alternative funding agreements entered into under rules adopted	9499
under section 3365.12 of the Revised Code.	9500

(J)(1) No student shall be considered enrolled in any	9501
internet- or computer-based community school or, if applicable to	9502
the student, in any community school that is required to provide	9503
the student with a computer pursuant to division (C) of section	9504
3314.22 of the Revised Code, unless both of the following	9505
conditions are satisfied:	9506

(a) The student possesses or has been provided with all	9507
required hardware and software materials and all such materials	9508
are operational so that the student is capable of fully	9509
participating in the learning opportunities specified in the	9510
contract between the school and the school's sponsor as required	9511
by division (A)(23) of section 3314.03 of the Revised Code;	9512

(b) The school is in compliance with division (A) of section	9513
3314.22 of the Revised Code, relative to such student.	9514

(2) In accordance with policies adopted jointly by the	9515
superintendent of public instruction and the auditor of state, the	9516
department shall reduce the amounts otherwise payable under	9517
division (C) of this section to any community school that includes	9518
in its program the provision of computer hardware and software	9519
materials to any student, if such hardware and software materials	9520
have not been delivered, installed, and activated for each such	9521
student in a timely manner or other educational materials or	9522
services have not been provided according to the contract between	9523
the individual community school and its sponsor.	9524

The superintendent of public instruction and the auditor of	9525
state shall jointly establish a method for auditing any community	9526
school to which this division pertains to ensure compliance with	9527
this section.	9528

The superintendent, auditor of state, and the governor shall	9529
jointly make recommendations to the general assembly for	9530
legislative changes that may be required to assure fiscal and	9531
academic accountability for such schools.	9532

(K)(1) If the department determines that a review of a	9533
community school's enrollment is necessary, such review shall be	9534
completed and written notice of the findings shall be provided to	9535
the governing authority of the community school and its sponsor	9536
within ninety days of the end of the community school's fiscal	9537
year, unless extended for a period not to exceed thirty additional	9538
days for one of the following reasons:	9539

(a) The department and the community school mutually agree to	9540
the extension.	9541

(b) Delays in data submission caused by either a community	9542
school or its sponsor.	9543

(2) If the review results in a finding that additional	9544
funding is owed to the school, such payment shall be made within	9545
thirty days of the written notice. If the review results in a	9546
finding that the community school owes moneys to the state, the	9547
following procedure shall apply:	9548

(a) Within ten business days of the receipt of the notice of	9549
findings, the community school may appeal the department's	9550
determination to the state board of education or its designee.	9551

(b) The board or its designee shall conduct an informal	9552
hearing on the matter within thirty days of receipt of such an	9553
appeal and shall issue a decision within fifteen days of the	9554
conclusion of the hearing.	9555

(c) If the board has enlisted a designee to conduct the	9556
hearing, the designee shall certify its decision to the board. The	9557
board may accept the decision of the designee or may reject the	9558
decision of the designee and issue its own decision on the matter.	9559

(d) Any decision made by the board under this division is	9560
final.	9561

(3) If it is decided that the community school owes moneys to	9562
the state, the department shall deduct such amount from the	9563
school's future payments in accordance with guidelines issued by	9564
the superintendent of public instruction.	9565

(L) The department shall not subtract from a school	9566
district's state aid account and shall not pay to a community	9567
school under division (C) of this section any amount for any of	9568
the following:	9569

(1) Any student who has graduated from the twelfth grade of a	9570
public or nonpublic high school;	9571

(2) Any student who is not a resident of the state;

9572

(3) Any student who was enrolled in the community school	9573
during the previous school year when assessments were administered	9574
under section 3301.0711 of the Revised Code but did not take one	9575
or more of the assessments required by that section and was not	9576
excused pursuant to division (C)(1) or (3) of that section, unless	9577
the superintendent of public instruction grants the student a	9578
waiver from the requirement to take the assessment and a parent is	9579
not paying tuition for the student pursuant to section 3314.26 of	9580
the Revised Code. The superintendent may grant a waiver only for	9581
good cause in accordance with rules adopted by the state board of	9582
education.	9583

(4) Any student who has attained the age of twenty-two years,	9584
except for veterans of the armed services whose attendance was	9585
interrupted before completing the recognized twelve-year course of	9586
the public schools by reason of induction or enlistment in the	9587
armed forces and who apply for enrollment in a community school	9588
not later than four years after termination of war or their	9589
honorable discharge. If, however, any such veteran elects to	9590
enroll in special courses organized for veterans for whom tuition	9591
is paid under federal law, or otherwise, the department shall not	9592
subtract from a school district's state aid account and shall not	9593
pay to a community school under division (C) of this section any	9594
amount for that veteran.	9595

Sec. 3317.02. As used in this chapter:

9596

(A)(1) "Category one career-technical education ADM" means	9597
the enrollment of students during the school year on a full-time	9598
equivalency basis in career-technical education programs described	9599
in division (A) of section 3317.014 of the Revised Code and	9600
certified under division (B)(11) or (D)(2)(h) of section 3317.03	9601
of the Revised Code.	9602

(2) "Category two career-technical education ADM" means the	9603
enrollment of students during the school year on a full-time	9604
equivalency basis in career-technical education programs described	9605
in division (B) of section 3317.014 of the Revised Code and	9606
certified under division (B)(12) or (D)(2)(i) of section 3317.03	9607
of the Revised Code.	9608

(3) "Category three career-technical education ADM" means the	9609
enrollment of students during the school year on a full-time	9610
equivalency basis in career-technical education programs described	9611
in division (C) of section 3317.014 of the Revised Code and	9612
certified under division (B)(13) or (D)(2)(j) of section 3317.03	9613
of the Revised Code.	9614

(4) "Category four career-technical education ADM" means the	9615
enrollment of students during the school year on a full-time	9616
equivalency basis in career-technical education programs described	9617
in division (D) of section 3317.014 of the Revised Code and	9618
certified under division (B)(14) or (D)(2)(k) of section 3317.03	9619
of the Revised Code.	9620

(5) "Category five career-technical education ADM" means the	9621
enrollment of students during the school year on a full-time	9622
equivalency basis in career-technical education programs described	9623
in division (E) of section 3317.014 of the Revised Code and	9624
certified under division (B)(15) or (D)(2)(l) of section 3317.03	9625
of the Revised Code.	9626

(B)(1) "Category one limited English proficient ADM" means	9627
the full-time equivalent number of limited English proficient	9628
students described in division (A) of section 3317.016 of the	9629
Revised Code and certified under division (B)(16) or (D)(2)(m) of	9630
section 3317.03 of the Revised Code.	9631

(2) "Category two limited English proficient ADM" means the	9632
full-time equivalent number of limited English proficient students	9633
described in division (B) of section 3317.016 of the Revised Code	9634
and certified under division (B)(17) or (D)(2)(n) of section	9635
3317.03 of the Revised Code.	9636

(3) "Category three limited English proficient ADM" means the	9637
full-time equivalent number of limited English proficient students	9638
described in division (C) of section 3317.016 of the Revised Code	9639
and certified under division (B)(18) or (D)(2)(o) of section	9640
3317.03 of the Revised Code.	9641

(C)(1) "Category one special education ADM" means the	9642
full-time equivalent number of children with disabilities	9643
receiving special education services for the disability specified	9644
in division (A) of section 3317.013 of the Revised Code and	9645
certified under division (B)(5) or (D)(2)(b) of section 3317.03 of	9646
the Revised Code.	9647

(2) "Category two special education ADM" means the full-time	9648
equivalent number of children with disabilities receiving special	9649
education services for those disabilities specified in division	9650
(B) of section 3317.013 of the Revised Code and certified under	9651
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	9652
Code.	9653

(3) "Category three special education ADM" means the	9654
full-time equivalent number of students receiving special	9655
education services for those disabilities specified in division	9656
(C) of section 3317.013 of the Revised Code, and certified under	9657
division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised	9658
Code.	9659

(4) "Category four special education ADM" means the full-time	9660
equivalent number of students receiving special education services	9661
for those disabilities specified in division (D) of section	9662
3317.013 of the Revised Code and certified under division (B)(8)	9663
or (D)(2)(e) of section 3317.03 of the Revised Code.	9664

(5) "Category five special education ADM" means the full-time	9665
equivalent number of students receiving special education services	9666
for the disabilities specified in division (E) of section 3317.013	9667
of the Revised Code and certified under division (B)(9) or	9668
(D)(2)(f) of section 3317.03 of the Revised Code.	9669

(6) "Category six special education ADM" means the full-time	9670
equivalent number of students receiving special education services	9671
for the disabilities specified in division (F) of section 3317.013	9672
of the Revised Code and certified under division (B)(10) or	9673
(D)(2)(g) of section 3317.03 of the Revised Code.	9674

(D) "County DD board" means a county board of developmental	9675
disabilities.	9676

(E) "Economically disadvantaged index for a school district"	9677
means the square of the quotient of that district's percentage of	9678
students in its total ADM who are identified as economically	9679
disadvantaged as defined by the department of education, divided	9680
by the statewide percentage of students identified as economically	9681
disadvantaged.	9682

(F)(1) "Formula ADM" means, for a city, local, or exempted	9683
village school district, the enrollment reported under division	9684
(A) of section 3317.03 of the Revised Code, as verified by the	9685
superintendent of public instruction and adjusted if so ordered	9686
under division (K) of that section, and as further adjusted by	9687
~~counting~~the department of education, as follows:	9688

(a) Count only twenty per cent of the number of joint	9689
vocational school district students counted under division (A)(3)	9690
of section 3317.03 of the Revised Code;	9691

(b) Add twenty per cent of the number of students who are	9692
entitled to attend school in the district under section 3313.64 or	9693
3313.65 of the Revised Code and are enrolled in another school	9694
district under a career-technical education compact.	9695

(2) "Formula ADM" means, for a joint vocational school	9696
district, the final number verified by the superintendent of	9697
public instruction, based on the enrollment reported and certified	9698
under division (D) of section 3317.03 of the Revised Code, as	9699
adjusted, if so ordered, under division (K) of that section.	9700

(G) "Formula amount" means $5,745, for fiscal year 2014, and	9701
$5,800, for fiscal year 2015.	9702

(H) "FTE basis" means a count of students based on full-time	9703
equivalency, in accordance with rules adopted by the department of	9704
education pursuant to section 3317.03 of the Revised Code. In	9705
adopting its rules under this division, the department shall	9706
provide for counting any student in category one, two, three,	9707
four, five, or six special education ADM or in category one, two,	9708
three, four, or five career technical education ADM in the same	9709
proportion the student is counted in formula ADM.	9710

(I) "Internet- or computer-based community school" has the	9711
same meaning as in section 3314.02 of the Revised Code.	9712

(J) "Medically fragile child" means a child to whom all of	9713
the following apply:	9714

(1) The child requires the services of a doctor of medicine	9715
or osteopathic medicine at least once a week due to the	9716
instability of the child's medical condition.	9717

(2) The child requires the services of a registered nurse on	9718
a daily basis.	9719

(3) The child is at risk of institutionalization in a	9720
hospital, skilled nursing facility, or intermediate care facility	9721
for individuals with intellectual disabilities.	9722

(K)(1) A child may be identified as having an "other health	9723
impairment-major" if the child's condition meets the definition of	9724
"other health impaired" established in rules previously adopted by	9725
the state board of education and if either of the following apply:	9726

(a) The child is identified as having a medical condition	9727
that is among those listed by the superintendent of public	9728
instruction as conditions where a substantial majority of cases	9729
fall within the definition of "medically fragile child."	9730

(b) The child is determined by the superintendent of public	9731
instruction to be a medically fragile child. A school district	9732
superintendent may petition the superintendent of public	9733
instruction for a determination that a child is a medically	9734
fragile child.	9735

(2) A child may be identified as having an "other health	9736
impairment-minor" if the child's condition meets the definition of	9737
"other health impaired" established in rules previously adopted by	9738
the state board of education but the child's condition does not	9739
meet either of the conditions specified in division (K)(1)(a) or	9740
(b) of this section.	9741

(L) "Preschool child with a disability" means a child with a	9742
disability, as defined in section 3323.01 of the Revised Code, who	9743
is at least age three but is not of compulsory school age, as	9744
defined in section 3321.01 of the Revised Code, and who is not	9745
currently enrolled in kindergarten.	9746

(M) "Preschool scholarship ADM" means the number of preschool	9747
children with disabilities certified under division (B)(3)(h) of	9748
section 3317.03 of the Revised Code.	9749

(N) "Related services" includes:

9750

(1) Child study, special education supervisors and	9751
coordinators, speech and hearing services, adaptive physical	9752
development services, occupational or physical therapy, teacher	9753
assistants for children with disabilities whose disabilities are	9754
described in division (B) of section 3317.013 or division (B)(3)	9755
of this section, behavioral intervention, interpreter services,	9756
work study, nursing services, and specialized integrative services	9757
as those terms are defined by the department;	9758

(2) Speech and language services provided to any student with	9759
a disability, including any student whose primary or only	9760
disability is a speech and language disability;	9761

(3) Any related service not specifically covered by other	9762
state funds but specified in federal law, including but not	9763
limited to, audiology and school psychological services;	9764

(4) Any service included in units funded under former	9765
division (O)(1) of section 3317.024 of the Revised Code;	9766

(5) Any other related service needed by children with	9767
disabilities in accordance with their individualized education	9768
programs.	9769

(O) "School district," unless otherwise specified, means	9770
city, local, and exempted village school districts.	9771

(P) "State education aid" has the same meaning as in section	9772
5751.20 of the Revised Code.	9773

(Q) "State share index" means the state share index	9774
calculated for a district under section 3317.017 of the Revised	9775
Code.	9776

(R) "Taxes charged and payable" means the taxes charged and	9777
payable against real and public utility property after making the	9778
reduction required by section 319.301 of the Revised Code, plus	9779
the taxes levied against tangible personal property.	9780

(S) "Total ADM" means, for a city, local, or exempted village	9781
school district, the enrollment reported under division (A) of	9782
section 3317.03 of the Revised Code, as verified by the	9783
superintendent of public instruction and adjusted if so ordered	9784
under division (K) of that section.	9785

(T) "Total special education ADM" means the sum of categories	9786
one through six special education ADM.	9787

(U) "Total taxable value" means the sum of the amounts	9788
certified for a city, local, exempted village, or joint vocational	9789
school district under divisions (A)(1) and (2) of section 3317.021	9790
of the Revised Code.	9791

Sec. 3317.0217. Payment of the amount calculated for a school	9792
district under this section shall be made under division (A) of	9793
section 3317.022 of the Revised Code.	9794

(A) The department of education shall annually compute	9795
targeted assistance funds to school districts, as follows:	9796

(1) Calculate the local wealth per pupil of each school	9797
district, which equals the following sum:	9798

(a) One-half times the quotient of (i) the district's	9799
three-year average valuation divided by (ii) its formula ADM; plus	9800

(b) One-half times the quotient of (i) the average of the	9801
total federal adjusted gross income of the school district's	9802
residents for the three years most recently reported under section	9803
3317.021 of the Revised Code divided by (ii) its formula ADM.	9804

(2) Rank all school districts in order of local wealth per	9805
pupil, from the district with the lowest local wealth per pupil to	9806
the district with the highest local wealth per pupil.	9807

(3) Compute the statewide wealth per pupil, which equals the	9808
following sum:	9809

(a) One-half times the quotient of (i) the sum of the	9810
three-year average valuations for all school districts divided by	9811
(ii) the sum of formula ADM counts for all ~~schools~~school	9812
districts; plus	9813

(b) One-half times the quotient of (i) the sum of the	9814
three-year average total federal adjusted gross incomes for all	9815
school districts divided by (ii) the sum of formula ADM counts for	9816
all school districts.	9817

(4) Compute each district's wealth index by dividing the	9818
statewide wealth per pupil by the district's local wealth per	9819
pupil.	9820

(5) Compute the per pupil targeted assistance for each	9821
eligible school district in accordance with the following formula:	9822

(Threshold local wealth per pupil - the district's local wealth	9823
per pupil)	9824

X target millage X the district's wealth index	9825

Where:

9826

(a) An "eligible school district" means a school district	9827
with a local wealth per pupil less than that of the school	9828
district with the 490th lowest local wealth per pupil.	9829

(b) "Threshold local wealth per pupil" means the local wealth	9830
per pupil of the school district with the 490th lowest local	9831
wealth per pupil.	9832

9833

If the result of the calculation for a school district under	9834
division (A)(5) of this section is less than zero, the district's	9835
targeted assistance shall be zero.	9836

(6) Calculate the aggregate amount to be paid as targeted	9837
assistance funds to each school district under division (A) of	9838
section 3317.022 of the Revised Code by multiplying the per pupil	9839
targeted assistance computed under division (A)(5) of this section	9840
by the district's net formula ADM.	9841

As used in this division, a district's "net formula ADM"	9842
means its formula ADM minus the number of community school	9843
students certified under division (B)(3)(d) of section 3317.03 of	9844
the Revised Code X 0.75, the number of internet- and	9845
computer-based community school students certified under division	9846
(B)(3)(e) of that section, the number of science, technology,	9847
engineering, and mathematics school students certified under	9848
division (B)(3)(j) of that section X 0.75, and the number of	9849
scholarship students certified under divisions (B)(3)(f), (g), and	9850
(l) of that section.	9851

(B) The department shall annually compute supplemental	9852
targeted assistance funds to school districts, as follows:	9853

(1) Compute each district's agricultural percentage as the	9854
quotient of (a) the three-year average tax valuation of real	9855
property in the district that is classified as agricultural	9856
property divided by (b) the three-year average tax valuation of	9857
all of the real property in the district. For purposes of this	9858
computation, a district's "three-year average tax valuation" means	9859
the average of a district's tax valuation for fiscal years 2012,	9860
2013, and 2014.	9861

(2) Determine each district's agricultural targeted	9862
percentage as follows:	9863

(a) If a district's agricultural percentage is greater than	9864
or equal to 0.10, then the district's agricultural targeted	9865
percentage shall be equal to 0.40.	9866

(b) If a district's agricultural percentage is less than	9867
0.10, then the district's agricultural targeted percentage shall	9868
be equal to 4 X the district's agricultural percentage.	9869

(3) Calculate the aggregate amount to be paid as supplemental	9870
targeted assistance funds to each school district under division	9871
(A) of section 3317.022 of the Revised Code by multiplying the	9872
district's agricultural targeted percentage by the amount	9873
calculated for the district under division (A)(6) of this section.	9874

Sec. 3317.06. Moneys paid to school districts under division	9875
(E) of section 3317.024 of the Revised Code shall be used for the	9876
following independent and fully severable purposes:	9877

(A) To purchase such secular textbooks or digital texts as	9878
have been approved by the superintendent of public instruction for	9879
use in public schools in the state and to loan such textbooks or	9880
digital texts to pupils attending nonpublic schools within the	9881
district or to their parents and to hire clerical personnel to	9882
administer such lending program. Such loans shall be based upon	9883
individual requests submitted by such nonpublic school pupils or	9884
parents. Such requests shall be submitted to the school district	9885
in which the nonpublic school is located. Such individual requests	9886
for the loan of textbooks or digital texts shall, for	9887
administrative convenience, be submitted by the nonpublic school	9888
pupil or the pupil's parent to the nonpublic school, which shall	9889
prepare and submit collective summaries of the individual requests	9890
to the school district. As used in this section:	9891

(1) "Textbook" means any book or book substitute that a pupil	9892
uses as a consumable or nonconsumable text, text substitute, or	9893
text supplement in a particular class or program in the school the	9894
pupil regularly attends.	9895

(2) "Digital text" means a consumable book or book substitute	9896
that a student accesses through the use of a computer or other	9897
electronic medium or that is available through an internet-based	9898
provider of course content, or any other material that contributes	9899
to the learning process through electronic means.	9900

(B) To provide speech and hearing diagnostic services to	9901
pupils attending nonpublic schools within the district. Such	9902
service shall be provided in the nonpublic school attended by the	9903
pupil receiving the service.	9904

(C) To provide physician, nursing, dental, and optometric	9905
services to pupils attending nonpublic schools within the	9906
district. Such services shall be provided in the school attended	9907
by the nonpublic school pupil receiving the service.	9908

(D) To provide diagnostic psychological services to pupils	9909
attending nonpublic schools within the district. Such services	9910
shall be provided in the school attended by the pupil receiving	9911
the service.	9912

(E) To provide therapeutic psychological and speech and	9913
hearing services to pupils attending nonpublic schools within the	9914
district. Such services shall be provided in the public school, in	9915
nonpublic schools, in public centers, or in mobile units located	9916
on or off of the nonpublic premises. If such services are provided	9917
in the public school or in public centers, transportation to and	9918
from such facilities shall be provided by the school district in	9919
which the nonpublic school is located.	9920

(F) To provide guidance, counseling, and social work services	9921
to pupils attending nonpublic schools within the district. Such	9922
services shall be provided in the public school, in nonpublic	9923
schools, in public centers, or in mobile units located on or off	9924
of the nonpublic premises. If such services are provided in the	9925
public school or in public centers, transportation to and from	9926
such facilities shall be provided by the school district in which	9927
the nonpublic school is located.	9928

(G) To provide remedial services to pupils attending	9929
nonpublic schools within the district. Such services shall be	9930
provided in the public school, in nonpublic schools, in public	9931
centers, or in mobile units located on or off of the nonpublic	9932
premises. If such services are provided in the public school or in	9933
public centers, transportation to and from such facilities shall	9934
be provided by the school district in which the nonpublic school	9935
is located.	9936

(H) To supply for use by pupils attending nonpublic schools	9937
within the district such standardized tests and scoring services	9938
as are in use in the public schools of the state;	9939

(I) To provide programs for children who attend nonpublic	9940
schools within the district and are children with disabilities as	9941
defined in section 3323.01 of the Revised Code or gifted children.	9942
Such programs shall be provided in the public school, in nonpublic	9943
schools, in public centers, or in mobile units located on or off	9944
of the nonpublic premises. If such programs are provided in the	9945
public school or in public centers, transportation to and from	9946
such facilities shall be provided by the school district in which	9947
the nonpublic school is located.	9948

(J) To hire clerical personnel to assist in the	9949
administration of programs pursuant to divisions (B), (C), (D),	9950
(E), (F), (G), and (I) of this section and to hire supervisory	9951
personnel to supervise the providing of services and textbooks	9952
pursuant to this section.	9953

(K) To purchase or lease any secular, neutral, and	9954
nonideological computer application software designed to assist	9955
students in performing a single task or multiple related tasks,	9956
device management software, learning management software,	9957
site-licensing, digital video on demand (DVD), wide area	9958
connectivity and related technology as it relates to internet	9959
access, mathematics or science equipment and materials,	9960
instructional materials, and school library materials that are in	9961
general use in the public schools of the state and loan such items	9962
to pupils attending nonpublic schools within the district or to	9963
their parents, and to hire clerical personnel to administer the	9964
lending program. Only such items that are incapable of diversion	9965
to religious use and that are susceptible of loan to individual	9966
pupils and are furnished for the use of individual pupils shall be	9967
purchased and loaned under this division. As used in this section,	9968
"instructional materials" means prepared learning materials that	9969
are secular, neutral, and nonideological in character and are of	9970
benefit to the instruction of school children.	9971

Mobile applications that are secular, neutral, and	9972
nonideological in character and that are purchased for less than	9973
ten dollars for instructional use shall be considered to be	9974
consumable and shall be distributed to students without the	9975
expectation that the applications must be returned.	9976

(L) To purchase or lease instructional equipment, including	9977
computer hardware and related equipment in general use in the	9978
public schools of the state, for use by pupils attending nonpublic	9979
schools within the district and to loan such items to pupils	9980
attending nonpublic schools within the district or to their	9981
parents, and to hire clerical personnel to administer the lending	9982
program. "Computer hardware and related equipment" includes	9983
desktop computers and workstations; laptop computers, computer	9984
tablets, and other mobile handheld devices; and their operating	9985
systems and accessories.	9986

(M) To purchase mobile units to be used for the provision of	9987
services pursuant to divisions (E), (F), (G), and (I) of this	9988
section and to pay for necessary repairs and operating costs	9989
associated with these units.	9990

(N) To reimburse costs the district incurred to store the	9991
records of a chartered nonpublic school that closes.	9992
Reimbursements under this division shall be made one time only for	9993
each chartered nonpublic school that closes.	9994

(O) To purchase life-saving medical or other emergency	9995
equipment for placement in nonpublic schools within the district	9996
or to maintain such equipment;	9997

(P) To purchase or lease equipment for emergency	9998
communications systems, school entrance security systems, or both	9999
for placement in nonpublic schools within the district.	10000

Clerical and supervisory personnel hired pursuant to division	10001
(J) of this section shall perform their services in the public	10002
schools, in nonpublic schools, public centers, or mobile units	10003
where the services are provided to the nonpublic school pupil,	10004
except that such personnel may accompany pupils to and from the	10005
service sites when necessary to ensure the safety of the children	10006
receiving the services.	10007

All services provided pursuant to this section may be	10008
provided under contract with educational service centers, the	10009
department of health, city or general health districts, or private	10010
agencies whose personnel are properly licensed by an appropriate	10011
state board or agency.	10012

Transportation of pupils provided pursuant to divisions (E),	10013
(F), (G), and (I) of this section shall be provided by the school	10014
district from its general funds and not from moneys paid to it	10015
under division (E) of section 3317.024 of the Revised Code unless	10016
a special transportation request is submitted by the parent of the	10017
child receiving service pursuant to such divisions. If such an	10018
application is presented to the school district, it may pay for	10019
the transportation from moneys paid to it under division (E) of	10020
section 3317.024 of the Revised Code.	10021

No school district shall provide health or remedial services	10022
to nonpublic school pupils as authorized by this section unless	10023
such services are available to pupils attending the public schools	10024
within the district.	10025

Materials, equipment, computer hardware or software,	10026
textbooks, digital texts, and health and remedial services	10027
provided for the benefit of nonpublic school pupils pursuant to	10028
this section and the admission of pupils to such nonpublic schools	10029
shall be provided without distinction as to race, creed, color, or	10030
national origin of such pupils or of their teachers.	10031

No school district shall provide services, materials, or	10032
equipment that contain religious content for use in religious	10033
courses, devotional exercises, religious training, or any other	10034
religious activity.	10035

As used in this section, "parent" includes a person standing	10036
in loco parentis to a child.	10037

Notwithstanding section 3317.01 of the Revised Code, payments	10038
shall be made under this section to any city, local, or exempted	10039
village school district within which is located one or more	10040
nonpublic elementary or high schools and any payments made to	10041
school districts under division (E) of section 3317.024 of the	10042
Revised Code for purposes of this section may be disbursed without	10043
submission to and approval of the controlling board.	10044

The allocation of payments for materials, equipment,	10045
textbooks, digital texts, health services, and remedial services	10046
to city, local, and exempted village school districts shall be on	10047
the basis of the state board of education's estimated annual	10048
average daily membership in nonpublic elementary and high schools	10049
located in the district.	10050

Payments made to city, local, and exempted village school	10051
districts under this section shall be equal to specific	10052
appropriations made for the purpose. All interest earned by a	10053
school district on such payments shall be used by the district for	10054
the same purposes and in the same manner as the payments may be	10055
used.	10056

The department of education shall adopt guidelines and	10057
procedures under which such programs and services shall be	10058
provided, under which districts shall be reimbursed for	10059
administrative costs incurred in providing such programs and	10060
services, and under which any unexpended balance of the amounts	10061
appropriated by the general assembly to implement this section may	10062
be transferred to the auxiliary services personnel unemployment	10063
compensation fund established pursuant to section 4141.47 of the	10064
Revised Code. The department shall also adopt guidelines and	10065
procedures limiting the purchase and loan of the items described	10066
in division (K) of this section to items that are in general use	10067
in the public schools of the state, that are incapable of	10068
diversion to religious use, and that are susceptible to individual	10069
use rather than classroom use. Within thirty days after the end of	10070
each biennium, each board of education shall remit to the	10071
department all moneys paid to it under division (E) of section	10072
3317.024 of the Revised Code and any interest earned on those	10073
moneys that are not required to pay expenses incurred under this	10074
section during the biennium for which the money was appropriated	10075
and during which the interest was earned. If a board of education	10076
subsequently determines that the remittal of moneys leaves the	10077
board with insufficient money to pay all valid expenses incurred	10078
under this section during the biennium for which the remitted	10079
money was appropriated, the board may apply to the department of	10080
education for a refund of money, not to exceed the amount of the	10081
insufficiency. If the department determines the expenses were	10082
lawfully incurred and would have been lawful expenditures of the	10083
refunded money, it shall certify its determination and the amount	10084
of the refund to be made to the director of job and family	10085
services who shall make a refund as provided in section 4141.47 of	10086
the Revised Code.	10087

Each school district shall label materials, equipment,	10088
computer hardware or software, textbooks, and digital texts	10089
purchased or leased for loan to a nonpublic school under this	10090
section, acknowledging that they were purchased or leased with	10091
state funds under this section. However, a district need not label	10092
materials, equipment, computer hardware or software, textbooks, or	10093
digital texts that the district determines are consumable in	10094
nature or have a value of less than two hundred dollars.	10095

Sec. 3318.36. (A)(1) As used in this section:

10096

(a) "Ohio school facilities commission," "classroom	10097
facilities," "school district," "school district board," "net	10098
bonded indebtedness," "required percentage of the basic project	10099
costs," "basic project cost," "valuation," and "percentile" have	10100
the same meanings as in section 3318.01 of the Revised Code.	10101

(b) "Required level of indebtedness" means five per cent of	10102
the school district's valuation for the year preceding the year in	10103
which the commission and school district enter into an agreement	10104
under division (B) of this section, plus [two one-hundredths of	10105
one per cent multiplied by (the percentile in which the district	10106
ranks minus one)].	10107

(c) "Local resources" means any moneys generated in any	10108
manner permitted for a school district board to raise the school	10109
district portion of a project undertaken with assistance under	10110
sections 3318.01 to 3318.20 of the Revised Code.	10111

(d) "Tangible personal property phase-out impacted district"	10112
means a school district for which the taxable value of its	10113
tangible personal property certified under division (A)(2) of	10114
section 3317.021 of the Revised Code for tax year 2005, excluding	10115
the taxable value of public utility personal property, made up	10116
eighteen per cent or more of its total taxable value for tax year	10117
2005 as certified under that section.	10118

(2) For purposes of determining the required level of	10119
indebtedness, the required percentage of the basic project costs	10120
under division (C)(1) of this section, and priority for assistance	10121
under sections 3318.01 to 3318.20 of the Revised Code, the	10122
percentile ranking of a school district with which the commission	10123
has entered into an agreement under this section between the first	10124
day of July and the thirty-first day of August in each fiscal year	10125
is the percentile ranking calculated for that district for the	10126
immediately preceding fiscal year, and the percentile ranking of a	10127
school district with which the commission has entered into such	10128
agreement between the first day of September and the thirtieth day	10129
of June in each fiscal year is the percentile ranking calculated	10130
for that district for the current fiscal year. However, in the	10131
case of a tangible personal property phase-out impacted district,	10132
the district's priority for assistance under sections 3318.01 to	10133
3318.20 of the Revised Code and its portion of the basic project	10134
cost under those sections shall be determined in the manner	10135
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	10136
this section.	10137

(B)(1) There is hereby established the school building	10138
assistance expedited local partnership program. Under the program,	10139
the Ohio school facilities commission may enter into an agreement	10140
with the board of any school district under which the board may	10141
proceed with the new construction or major repairs of a part of	10142
the district's classroom facilities needs, as determined under	10143
sections 3318.01 to 3318.20 of the Revised Code, through the	10144
expenditure of local resources prior to the school district's	10145
eligibility for state assistance under those sections, and may	10146
apply that expenditure toward meeting the school district's	10147
portion of the basic project cost of the total of the district's	10148
classroom facilities needs, as recalculated under division (E) of	10149
this section, when the district becomes eligible for state	10150
assistance under sections 3318.01 to 3318.20 or section 3318.364	10151
of the Revised Code. Any school district that is reasonably	10152
expected to receive assistance under sections 3318.01 to 3318.20	10153
of the Revised Code within two fiscal years from the date the	10154
school district adopts its resolution under division (B) of this	10155
section shall not be eligible to participate in the program	10156
established under this section.	10157

(2) To participate in the program, a school district board	10158
shall first adopt a resolution certifying to the commission the	10159
board's intent to participate in the program.	10160

The resolution shall specify the approximate date that the	10161
board intends to seek elector approval of any bond or tax measures	10162
or to apply other local resources to use to pay the cost of	10163
classroom facilities to be constructed under this section. The	10164
resolution may specify the application of local resources or	10165
elector-approved bond or tax measures after the resolution is	10166
adopted by the board, and in such case the board may proceed with	10167
a discrete portion of its project under this section as soon as	10168
the commission and the controlling board have approved the basic	10169
project cost of the district's classroom facilities needs as	10170
specified in division (D) of this section. The board shall submit	10171
its resolution to the commission not later than ten days after the	10172
date the resolution is adopted by the board.	10173

The commission shall not consider any resolution that is	10174
submitted pursuant to division (B)(2) of this section, as amended	10175
by this amendment, sooner than September 14, 2000.	10176

(3) For purposes of determining when a district that enters	10177
into an agreement under this section becomes eligible for	10178
assistance under sections 3318.01 to 3318.20 of the Revised Code	10179
or priority for assistance under section 3318.364 of the Revised	10180
Code, the commission shall use one of the following as applicable:	10181

(a) Except for a tangible personal property phase-out	10182
impacted district, the district's percentile ranking determined at	10183
the time the district entered into the agreement under this	10184
section, as prescribed by division (A)(2) of this section;	10185

(b) For a tangible personal property phase-out impacted	10186
district, the lesser of (i) the district's percentile ranking	10187
determined at the time the district entered into the agreement	10188
under this section, as prescribed by division (A)(2) of this	10189
section, or (ii) the district's current percentile ranking under	10190
section 3318.011 of the Revised Code.	10191

(4) Any project under this section shall comply with section	10192
3318.03 of the Revised Code and with any specifications for plans	10193
and materials for classroom facilities adopted by the commission	10194
under section 3318.04 of the Revised Code.	10195

(5) If a school district that enters into an agreement under	10196
this section has not begun a project applying local resources as	10197
provided for under that agreement at the time the district is	10198
notified by the commission that it is eligible to receive state	10199
assistance under sections 3318.01 to 3318.20 of the Revised Code,	10200
all assessment and agreement documents entered into under this	10201
section are void.	10202

(6) Only construction of or repairs to classroom facilities	10203
that have been approved by the commission and have been therefore	10204
included as part of a district's basic project cost qualify for	10205
application of local resources under this section.	10206

(C) Based on the results of on-site visits and assessment,	10207
the commission shall determine the basic project cost of the	10208
school district's classroom facilities needs. The commission shall	10209
determine the school district's portion of such basic project	10210
cost, which shall be the greater of:	10211

(1) The required percentage of the basic project costs,	10212
determined based on the school district's percentile ranking;	10213

(2) An amount necessary to raise the school district's net	10214
bonded indebtedness, as of the fiscal year the commission and the	10215
school district enter into the agreement under division (B) of	10216
this section, to within five thousand dollars of the required	10217
level of indebtedness.	10218

(D)(1) When the commission determines the basic project cost	10219
of the classroom facilities needs of a school district and the	10220
school district's portion of that basic project cost under	10221
division (C) of this section, the project shall be conditionally	10222
approved. Such conditional approval shall be submitted to the	10223
controlling board for approval thereof. The controlling board	10224
shall forthwith approve or reject the commission's determination,	10225
conditional approval, and the amount of the state's portion of the	10226
basic project cost; however, no state funds shall be encumbered	10227
under this section. Upon approval by the controlling board, the	10228
school district board may identify a discrete part of its	10229
classroom facilities needs, which shall include only new	10230
construction of or additions or major repairs to a particular	10231
building, to address with local resources. Upon identifying a part	10232
of the school district's basic project cost to address with local	10233
resources, the school district board may allocate any available	10234
school district moneys to pay the cost of that identified part,	10235
including the proceeds of an issuance of bonds if approved by the	10236
electors of the school district.	10237

All local resources utilized under this division shall first	10238
be deposited in the project construction account required under	10239
section 3318.08 of the Revised Code.	10240

(2) Unless the school district board exercises its option	10241
under division (D)(3) of this section, for a school district to	10242
qualify for participation in the program authorized under this	10243
section, one of the following conditions shall be satisfied:	10244

(a) The electors of the school district by a majority vote	10245
shall approve the levy of taxes outside the ten-mill limitation	10246
for a period of twenty-three years at the rate of not less than	10247
one-half mill for each dollar of valuation to be used to pay the	10248
cost of maintaining the classroom facilities included in the basic	10249
project cost as determined by the commission. The form of the	10250
ballot to be used to submit the question whether to approve the	10251
tax required under this division to the electors of the school	10252
district shall be the form for an additional levy of taxes	10253
prescribed in section 3318.361 of the Revised Code, which may be	10254
combined in a single ballot question with the questions prescribed	10255
under section 5705.218 of the Revised Code.	10256

(b) As authorized under division (C) of section 3318.05 of	10257
the Revised Code, the school district board shall earmark from the	10258
proceeds of a permanent improvement tax levied under section	10259
5705.21 of the Revised Code, an amount equivalent to the	10260
additional tax otherwise required under division (D)(2)(a) of this	10261
section for the maintenance of the classroom facilities included	10262
in the basic project cost as determined by the commission.	10263

(c) As authorized under section 3318.051 of the Revised Code,	10264
the school district board shall, if approved by the commission,	10265
annually transfer into the maintenance fund required under section	10266
3318.05 of the Revised Code the amount prescribed in section	10267
3318.051 of the Revised Code in lieu of the tax otherwise required	10268
under division (D)(2)(a) of this section for the maintenance of	10269
the classroom facilities included in the basic project cost as	10270
determined by the commission.	10271

(d) If the school district board has rescinded the agreement	10272
to make transfers under section 3318.051 of the Revised Code, as	10273
provided under division (F) of that section, the electors of the	10274
school district, in accordance with section 3318.063 of the	10275
Revised Code, first shall approve the levy of taxes outside the	10276
ten-mill limitation for the period specified in that section at a	10277
rate of not less than one-half mill for each dollar of valuation.	10278

(e) The school district board shall apply the proceeds of a	10279
tax to leverage bonds as authorized under section 3318.052 of the	10280
Revised Code or dedicate a local donated contribution in the	10281
manner described in division (B) of section 3318.084 of the	10282
Revised Code in an amount equivalent to the additional tax	10283
otherwise required under division (D)(2)(a) of this section for	10284
the maintenance of the classroom facilities included in the basic	10285
project cost as determined by the commission.	10286

(3) A school district board may opt to delay taking any of	10287
the actions described in division (D)(2) of this section until the	10288
school district becomes eligible for state assistance under	10289
sections 3318.01 to 3318.20 of the Revised Code. In order to	10290
exercise this option, the board shall certify to the commission a	10291
resolution indicating the board's intent to do so prior to	10292
entering into an agreement under division (B) of this section.	10293

(4) If pursuant to division (D)(3) of this section a district	10294
board opts to delay levying an additional tax until the district	10295
becomes eligible for state assistance, it shall submit the	10296
question of levying that tax to the district electors as follows:	10297

(a) In accordance with section 3318.06 of the Revised Code if	10298
it will also be necessary pursuant to division (E) of this section	10299
to submit a proposal for approval of a bond issue;	10300

(b) In accordance with section 3318.361 of the Revised Code	10301
if it is not necessary to also submit a proposal for approval of a	10302
bond issue pursuant to division (E) of this section.	10303

(5) No state assistance under sections 3318.01 to 3318.20 of	10304
the Revised Code shall be released until a school district board	10305
that adopts and certifies a resolution under division (D) of this	10306
section also demonstrates to the satisfaction of the commission	10307
compliance with the provisions of division (D)(2) of this section.	10308

Any amount required for maintenance under division (D)(2) of	10309
this section shall be deposited into a separate fund as specified	10310
in division (B) of section 3318.05 of the Revised Code.	10311

(E)(1) If the school district becomes eligible for state	10312
assistance under sections 3318.01 to 3318.20 of the Revised Code	10313
based on its percentile ranking under division (B)(3) of this	10314
section or is offered assistance under section 3318.364 of the	10315
Revised Code, the commission shall conduct a new assessment of the	10316
school district's classroom facilities needs and shall recalculate	10317
the basic project cost based on this new assessment. The basic	10318
project cost recalculated under this division shall include the	10319
amount of expenditures made by the school district board under	10320
division (D)(1) of this section. The commission shall then	10321
recalculate the school district's portion of the new basic project	10322
cost, which shall be one of the following as applicable:	10323

(a) Except for a tangible personal property phase-out	10324
impacted district, the percentage of the original basic project	10325
cost assigned to the school district as its portion under division	10326
(C) of this section;	10327

(b) For a tangible personal property phase-out impacted	10328
district, the lesser of (i) the percentage of the original basic	10329
project cost assigned to the school district as its portion under	10330
division (C) of this section, or (ii) the percentage of the new	10331
basic project cost determined under section 3318.032 of the	10332
Revised Code using the district's current percentile ranking under	10333
section 3318.011 of the Revised Code. ~~The~~	10334

The commission shall deduct the expenditure of school	10335
district moneys made under division (D)(1) of this section from	10336
the school district's portion of the basic project cost as	10337
recalculated under this division. If the amount of school district	10338
resources applied by the school district board to the school	10339
district's portion of the basic project cost under this section is	10340
less than the total amount of such portion as recalculated under	10341
this division, the school district board by a majority vote of all	10342
of its members shall, if it desires to seek state assistance under	10343
sections 3318.01 to 3318.20 of the Revised Code, adopt a	10344
resolution as specified in section 3318.06 of the Revised Code to	10345
submit to the electors of the school district the question of	10346
approval of a bond issue in order to pay any additional amount of	10347
school district portion required for state assistance. Any tax	10348
levy approved under division (D) of this section satisfies the	10349
requirements to levy the additional tax under section 3318.06 of	10350
the Revised Code.	10351

(2) If the amount of school district resources applied by the	10352
school district board to the school district's portion of the	10353
basic project cost under this section is more than the total	10354
amount of such portion as recalculated under ~~this~~ division (E)(1)	10355
of this section, within one year after the school district's	10356
portion is so recalculated ~~under division (E)(1) of this section~~	10357
the commission may grant to the school district the difference	10358
between the two calculated portions, but at no time shall the	10359
commission expend any state funds on a project in an amount	10360
greater than the state's portion of the basic project cost as	10361
recalculated under ~~this~~ division (E)(1) of this section.	10362

Any reimbursement under this division shall be only for local	10363
resources the school district has applied toward construction cost	10364
expenditures for the classroom facilities approved by the	10365
commission, which shall not include any financing costs associated	10366
with that construction.	10367

The school district board shall use any moneys reimbursed to	10368
the district under this division to pay off any debt service the	10369
district owes for classroom facilities constructed under its	10370
project under this section before such moneys are applied to any	10371
other purpose. However, the district board first may deposit	10372
moneys reimbursed under this division into the district's general	10373
fund or a permanent improvement fund to replace local resources	10374
the district withdrew from those funds, as long as, and to the	10375
extent that, those local resources were used by the district for	10376
constructing classroom facilities included in the district's basic	10377
project cost.	10378

(3) A tangible personal property phase-out impacted district	10379
shall receive credit under division (E) of this section for the	10380
expenditure of local resources pursuant to any prior agreement	10381
authorized by this section, notwithstanding any recalculation of	10382
its average taxable value.	10383

Sec. 3326.29. A STEM school established under this chapter	10384
may submit to the superintendent of public administration a	10385
request for a waiver from administering the state achievement	10386
assessments required under sections 3301.0710 and 3301.0712 of the	10387
Revised Code and related requirements specified under division	10388
(C)(2) of section 3302.15 of the Revised Code in the manner	10389
prescribed by that section as if it were a school district. A STEM	10390
school that obtains a waiver under section 3302.15 of the Revised	10391
Code shall comply with all provisions of that section as if it	10392
were a school district. A STEM school is presumptively eligible to	10393
request such a waiver.	10394

Sec. 3345.56. Notwithstanding any provision of the Revised	10395
Code to the contrary, a student attending a state university as	10396
defined in section 3345.011 of the Revised Code is not an employee	10397
of the state university based upon the student's participation in	10398
an athletic program offered by the state university.	10399

Sec. 3358.03. The government of a state community college	10400
district is vested in a board of nine trustees who shall be	10401
appointed by the governor~~, from within the district,~~ with the	10402
advice and consent of the senate. Within ninety days after a state	10403
community college district is created pursuant to section 3358.02	10404
of the Revised Code, the governor shall make initial appointments	10405
to the board. Of these appointments three shall be for terms	10406
ending two years after the date upon which the district was	10407
created, three shall be for terms ending four years after that	10408
date, and three shall be for terms ending six years after that	10409
date. Thereafter, the successive terms of trustees shall be for	10410
six years, each term ending on the same day of the same month of	10411
the year as did the term which it ~~suceeds~~succeeds. Each trustee	10412
shall hold office from the date of ~~his~~ appointment until the end	10413
of the term for which hethe trustee was appointed. Any trustee	10414
appointed to fill a vacancy occurring prior to the expiration of	10415
the term for which ~~his~~the trustee's predecessor was appointed	10416
shall hold office for the remainder of such term. Any trustee	10417
shall continue in office subsequent to the expiration date of ~~his~~	10418
the trustee's term until ~~his~~the trustee's successor takes office,	10419
or until a period of sixty days has elapsed, whichever occurs	10420
first. Where a state community ~~collge~~college district succeeds to	10421
the operations of a state general and technical college, or a	10422
technical college district, the initial board of trustees of the	10423
district shall be composed of the members of the board of trustees	10424
of the state general and technical college, or a technical college	10425
district, to serve for the balance of their existing terms, and	10426
such additional number appointed by the governor, with the advice	10427
and consent of the senate, as will total nine members; and the	10428
terms of such members appointed by the governor originally and to	10429
all succeeding terms shall be such that, in combination with the	10430
original remaining terms of the members from the technical college	10431
district, the eventual result will be that three terms will expire	10432
every second year. Appointees shall be qualified electors ~~residing~~	10433
~~in the state community college district~~of the state. The trustees	10434
shall receive no compensation for their services, but may be paid	10435
for their reasonably necessary expenses while engaged in the	10436
discharge of their official duties. A majority of the board	10437
constitutes a quorum.	10438

Sec. 3517.20. (A)~~(1)~~ As used in this section:

10439

~~(a)~~(1) "Political publication for or against a candidate"	10440
means a notice, placard, advertisement, sample ballot, brochure,	10441
flyer, direct mailer, or other form of general publication that is	10442
designed to promote the nomination, election, or defeat of a	10443
candidate.	10444

~~(b)~~(2) "Political publication for or against an issue" means	10445
a notice, placard, advertisement, sample ballot, brochure, flyer,	10446
direct mailer, or other form of general publication that is	10447
designed to promote the adoption or defeat of a ballot issue or	10448
question or to influence the voters in an election.	10449

~~(c)~~(3) "Public political advertising" means newspapers,	10450
magazines, outdoor advertising facilities, direct mailings, or	10451
other similar types of general public political advertising, or	10452
flyers, handbills, or other nonperiodical printed matter.	10453

~~(d)~~(4) "Statewide candidate" has the same meaning as in	10454
section 3517.102 of the Revised Code.	10455

~~(e)~~(5) "Legislative candidate" means a candidate for the	10456
office of member of the general assembly.	10457

~~(f)~~(6) "Local candidate" means a candidate for an elective	10458
office of a political subdivision of this state.	10459

~~(g)~~(7) "Legislative campaign fund" has the same meaning as in	10460
section 3517.01 of the Revised Code.	10461

~~(h)~~(8) "Limited political action committee" means a political	10462
action committee of fewer than ten members.	10463

~~(i)~~(9) "Limited political contributing entity" means a	10464
political contributing entity of fewer than ten members.	10465

~~(j)~~(10) "Designated amount" means one hundred dollars in the	10466
case of a local candidate or a local ballot issue, two hundred	10467
fifty dollars in the case of a legislative candidate, or five	10468
hundred dollars in the case of a statewide candidate or a	10469
statewide ballot issue.	10470

~~(k)~~(11) "To issue" includes to print, post, distribute,	10471
reproduce for distribution, or cause to be issued, printed,	10472
posted, distributed, or reproduced for distribution.	10473

~~(l)~~(12) "Telephone bank" means more than five hundred	10474
telephone calls of an identical or substantially similar nature	10475
within any thirty-day period, whether those telephone calls are	10476
made by individual callers or by recording.	10477

~~(2)(a) No political party or other~~(B)(1) Except as otherwise	10478
provided in division (B)(2) of this section, no entity~~, except a~~	10479
~~political action committee, a political contributing entity, a~~	10480
~~candidate, a legislative campaign fund, or a campaign committee,~~	10481
shall ~~issue a form of political publication for or against a~~	10482
~~candidate, or shall make an expenditure for the purpose of~~	10483
~~financing political communications in support of or opposition to~~	10484
~~a candidate through public political advertising,~~do any of the	10485
following unless the name ~~and residence or business address~~ of the	10486
~~candidate or the chairperson, treasurer, or secretary of the~~	10487
~~legislative campaign fund, political party, or other~~ entity ~~that~~	10488
~~issues or otherwise is responsible for that political publication~~	10489
~~or that makes an expenditure for that political communication~~	10490
appears in a conspicuous place on ~~that political publication~~ or is	10491
contained or included within ~~that political communication~~the	10492
publication, communication, or telephone call:	10493

(a) Issue a form of political publication in support of or	10494
opposition to a candidate or a ballot issue or question;	10495

(b) Make an expenditure for the purpose of financing	10496
political communications in support of or opposition to a	10497
candidate or a ballot issue or question through public political	10498
advertising;	10499

(c) Utter or cause to be uttered, over the broadcasting	10500
facilities of any radio or television station within this state,	10501
any communication in support of or opposition to a candidate or a	10502
ballot issue or question or any communication that is designed to	10503
influence the voters in an election;	10504

(d) Conduct a telephone bank for the purpose of supporting or	10505
opposing a candidate or a ballot issue or question or for the	10506
purpose of influencing the voters in an election.	10507

~~(b) No candidate, legislative campaign fund, or campaign~~	10508
~~committee shall issue a form of political publication for or~~	10509
~~against a candidate, or shall make an expenditure for the purpose~~	10510
~~of financing political communications in support of or opposition~~	10511
~~to a candidate through public political advertising, unless the~~	10512
~~name of the entity appears in a conspicuous place on that~~	10513
~~political publication or is contained within that political~~	10514
~~communication.~~	10515

~~(3) No~~(2) A limited political action committee or limited	10516
political contributing entity ~~shall~~may do ~~either~~any of the	10517
following ~~unless the~~without including its name ~~and residence or~~	10518
~~business address of the chairperson, treasurer, or secretary of~~	10519
~~the limited political action committee or limited political~~	10520
~~contributing entity involved appears in a conspicuous place~~ in the	10521
~~political publication for or against a candidate described in~~	10522
~~division (A)(3)(a) of this section or is contained within the~~	10523
~~political~~publication or communication ~~described in division~~	10524
~~(A)(3)(b) of this section~~:	10525

(a) Issue a form of political publication ~~for or against~~in	10526
support of or opposition to a candidate or a ballot issue or	10527
question that ~~costs~~does not cost in excess of the designated	10528
amount or that is not issued in cooperation, consultation, or	10529
concert with, or at the request or suggestion of, a candidate, a	10530
campaign committee, a legislative campaign fund, a political	10531
party, a political action committee with ten or more members, a	10532
political contributing entity with ten or more members, or a	10533
limited political action committee or limited political	10534
contributing entity that spends in excess of the designated amount	10535
on a related or the same or similar political publication ~~for or~~	10536
~~against~~in support of or opposition to a candidate or a ballot	10537
issue or question;	10538

(b) Make an expenditure that is not in excess of the	10539
designated amount in support of or opposition to a candidate or a	10540
ballot issue or question or make an expenditure that is not made	10541
in cooperation, consultation, or concert with, or at the request	10542
or suggestion of, a candidate, a campaign committee, a legislative	10543
campaign fund, a political party, a political action committee	10544
with ten or more members, a political contributing entity with ten	10545
or more members, or a limited political action committee or	10546
limited political contributing entity that spends in excess of the	10547
designated amount in support of or opposition to the same	10548
candidate or a ballot issue or question, for the purpose of	10549
financing political communications in support of or opposition to	10550
that candidate or a ballot issue or question through public	10551
political advertising.	10552

~~(4) No political action committee with ten or more members~~	10553
~~and no political contributing entity with ten or more members~~	10554
~~shall issue a form of political publication for or against a~~	10555
~~candidate, or shall make an expenditure for the purpose of~~	10556
~~financing political communications in support of or opposition to~~	10557
~~a candidate through public political advertising, unless the name~~	10558
~~and residence or business address of the chairperson, treasurer,~~	10559
~~or secretary of the political action committee or political~~	10560
~~contributing entity that issues or otherwise is responsible for~~	10561
~~that political publication or that makes an expenditure for that~~	10562
~~political communication through public political advertising~~	10563
~~appears in a conspicuous place in that political publication or is~~	10564
~~contained within that political communication.~~	10565

~~(5)(a) No corporation, labor organization, political party,~~	10566
~~or other entity, except a political action committee, a~~	10567
~~legislative campaign fund, or a campaign committee, shall issue a~~	10568
~~form of political publication for or against an issue, or shall~~	10569
~~make an expenditure for the purpose of financing political~~	10570
~~communications in support of or opposition to a ballot issue or~~	10571
~~question through public political advertising, unless the name and~~	10572
~~residence or business address of the chairperson, treasurer, or~~	10573
~~secretary of the corporation, labor organization, political party,~~	10574
~~or other entity that issues or otherwise is responsible for that~~	10575
~~political publication or that makes an expenditure for that~~	10576
~~political communication through public political advertising~~	10577
~~appears in a conspicuous place in that political publication or is~~	10578
~~contained within that political communication.~~	10579

~~(b) No campaign committee or legislative campaign fund shall~~	10580
~~issue a form of political publication for or against an issue, or~~	10581
~~shall make an expenditure for the purpose of financing political~~	10582
~~communications in support of or opposition to a ballot issue or~~	10583
~~question through public political advertising, unless the name of~~	10584
~~the campaign committee or legislative campaign fund appears in a~~	10585
~~conspicuous place in that political publication or is contained~~	10586
~~within that political communication.~~	10587

~~(6) No limited political action committee shall do either of~~	10588
~~the following unless the name and residence or business address of~~	10589
~~the chairperson, treasurer, or secretary of the limited political~~	10590
~~action committee involved appears in a conspicuous place in the~~	10591
~~political publication for or against a ballot issue described in~~	10592
~~division (A)(6)(a) of this section or is contained within the~~	10593
~~political communication described in division (A)(6)(b) of this~~	10594
~~section:~~	10595

~~(a) Issue a form of political publication for or against a~~	10596
~~ballot issue that costs in excess of the designated amount or that~~	10597
~~is issued in cooperation, consultation, or concert with, or at the~~	10598
~~request or suggestion of, a candidate, a campaign committee, a~~	10599
~~legislative campaign fund, a political party, a political action~~	10600
~~committee with ten or more members, or a limited political action~~	10601
~~committee that spends in excess of the designated amount for a~~	10602
~~related or the same or similar political publication for or~~	10603
~~against an issue;~~	10604

~~(b) Make an expenditure in excess of the designated amount in~~	10605
~~support of or opposition to a ballot issue or make an expenditure~~	10606
~~in cooperation, consultation, or concert with, or at the request~~	10607
~~or suggestion of, a candidate, a campaign committee, a legislative~~	10608
~~campaign fund, a political party, a political action committee~~	10609
~~with ten or more members, or a limited political action committee~~	10610
~~that spends in excess of the designated amount in support of or~~	10611
~~opposition to the same ballot issue, for the purpose of financing~~	10612
~~political communications in support of or opposition to that~~	10613
~~ballot issue through public political advertising.~~	10614

~~(7) No political action committee with ten or more members~~	10615
~~shall issue a form of political publication for or against an~~	10616
~~issue, or shall make an expenditure for the purpose of financing~~	10617
~~political communications in support of or opposition to a ballot~~	10618
~~issue or question through public political advertising, unless the~~	10619
~~name and residence or business address of the chairperson,~~	10620
~~treasurer, or secretary of the political action committee that~~	10621
~~issues or otherwise is responsible for that political publication~~	10622
~~or that makes an expenditure for that political communication~~	10623
~~appears in a conspicuous place in that political publication or is~~	10624
~~contained within that political communication.~~	10625

~~(8) The disclaimer "paid political advertisement" is not~~	10626
~~sufficient to meet the requirements of this section.~~	10627

~~(9) If the political publication described in division (A) of~~	10628
~~this section is issued by the regularly constituted central or~~	10629
~~executive committee of a political party that is organized as~~	10630
~~provided in this chapter, it shall be sufficiently identified if~~	10631
~~it bears the name of the committee and its chairperson or~~	10632
~~treasurer.~~	10633

~~(10)~~(C) If more than one piece of printed matter or printed	10634
political communications are mailed as a single packet, the	10635
requirements of division ~~(A)~~(B) of this section are met if one of	10636
the pieces of printed matter or printed political communications	10637
in the packet contains the name ~~and residence or business address~~	10638
~~of the chairperson, treasurer, or secretary~~ of the organization or	10639
entity that issues or is responsible for the printed matter or	10640
other printed political communications~~, except that if a campaign~~	10641
~~committee or legislative campaign fund mails more than one piece~~	10642
~~of printed matter or printed political communications as a single~~	10643
~~packet, the requirements of division (A) of this section are met~~	10644
~~if one of the pieces of printed matter or printed political~~	10645
~~communications in the packet contains the name of the campaign~~	10646
~~committee or legislative campaign fund~~.	10647

~~(11)~~(D) This section does not apply to the transmittal of	10648
personal correspondence that is not reproduced by machine for	10649
general distribution.	10650

~~(12)~~(E) The secretary of state, by rule, may exempt from the	10651
requirements of this section, printed matter and certain other	10652
kinds of printed communications such as campaign buttons,	10653
balloons, pencils, or similar items, the size or nature of which	10654
makes it unreasonable to add an identification or disclaimer.	10655

~~(13)~~(F) The disclaimer or identification described in	10656
division ~~(A)~~(B) of this section, when paid for by a candidate,	10657
legislative campaign fund, or campaign committee, shall be	10658
identified by the words "paid for by" followed by the name of the	10659
entity. The identification or disclaimer may use reasonable	10660
abbreviations for common terms such as "committee".	10661

~~(B)(1) No candidate, campaign committee, legislative campaign~~	10662
~~fund, political party, political action committee, limited~~	10663
~~political action committee, political contributing entity, limited~~	10664
~~political contributing entity, or other entity shall utter or~~	10665
~~cause to be uttered, over the broadcasting facilities of any radio~~	10666
~~or television station within this state, any communication that is~~	10667
~~designed to promote the nomination, election, or defeat of a~~	10668
~~candidate, or the adoption or defeat of an issue or to influence~~	10669
~~the voters in an election, unless the speaker identifies the~~	10670
~~speaker with the speaker's name and residence address or unless~~	10671
~~the communication identifies the chairperson, treasurer, or~~	10672
~~secretary of the organization responsible for the communication~~	10673
~~with the name and residence or business address of that officer,~~	10674
~~except that communications by radio need not broadcast the~~	10675
~~residence or business address of the officer. However, a radio~~	10676
~~station, for a period of at least six months, shall keep the~~	10677
~~residence or business address on file and divulge it to any person~~	10678
~~upon request.~~	10679

The disclaimer "paid political advertisement" is not	10680
sufficient to meet the requirements of this section.	10681

(G)(1) No person operating a broadcast station or an organ of	10682
printed media shall broadcast or print a paid political	10683
communication that does not contain the identification required by	10684
this section.	10685

(2) Division (B)(1)(c) of this section does not apply to any	10686
communications made on behalf of a radio or television station or	10687
network by any employee of such radio or television station or	10688
network while acting in the course of the employee's employment.	10689

~~(3)~~(H) No candidate or entity ~~described in division (B)(1) of~~	10690
~~this section~~ shall use or cause to be used a false, fictitious, or	10691
fraudulent name or address in the making or issuing of a	10692
publication or communication included within the provisions of	10693
this section.	10694

~~(C) No candidate, campaign committee, legislative campaign~~	10695
~~fund, political party, political action committee, limited~~	10696
~~political action committee, political contributing entity, limited~~	10697
~~political contributing entity, or other person or entity shall~~	10698
~~conduct a telephone bank for the purpose of promoting the~~	10699
~~nomination, election, or defeat of a candidate or the adoption or~~	10700
~~defeat of an issue or to influence the voters in an election,~~	10701
~~unless the call includes a disclaimer that identifies the name of~~	10702
~~the candidate, campaign committee, legislative campaign fund,~~	10703
~~political party, political action committee, limited political~~	10704
~~action committee, political contributing entity, limited political~~	10705
~~contributing entity, or other person or entity paying for the~~	10706
~~telephone bank.~~	10707

~~(D)~~(I) Before a prosecution may commence under this section,	10708
a complaint shall be filed with the Ohio elections commission	10709
under section 3517.153 of the Revised Code. After the complaint is	10710
filed, the commission shall proceed in accordance with sections	10711
3517.154 to 3517.157 of the Revised Code.	10712

Sec. 3701.132. ~~The department of health is hereby designated~~	10713
~~as the state agency to administer~~As used in this section, "WIC	10714
program" means the "special supplemental nutrition program for	10715
women, infants, and children" established under the "Child	10716
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended.	10717
~~The~~	10718

The department of health is hereby designated as the state	10719
agency to administer the WIC program. The director of health may	10720
adopt rules pursuant to Chapter 119. of the Revised Code as	10721
necessary for administering the WIC program. The rules may include	10722
civil money penalties for violations of the rules.	10723

In determining eligibility for services provided under the	10724
WIC program, the department may use the application form	10725
established under section ~~5111.013~~5163.40 of the Revised Code for	10726
the healthy start program. The department may require applicants	10727
to furnish their social security numbers.	10728

If the department determines that a vendor has committed an	10729
act with respect to the WIC program that federal statutes or	10730
regulations or state statutes or rules prohibit, the department	10731
shall take action against the vendor in the manner required by 7	10732
C.F.R. part 246, including imposition of a civil money penalty in	10733
accordance with 7 C.F.R. 246.12, or rules adopted under this	10734
section.	10735

Sec. 3701.34. (A) The Ohio public health advisory board shall	10736
review and make recommendations to the director of health on all	10737
of the following:	10738

(1) Developing and adopting proposed rules under Chapters	10739
3701 and 3717 of the Administrative Code;	10740

(2) Prescribing proposed fees for services provided by the	10741
office of vital statistics and the bureau of environmental health;	10742

(3) Any proposed policy changes that pertain to entities	10743
serving or seeking to serve as vendors under the WIC program, as	10744
defined in section 3701.132 of the Revised Code, that are not	10745
addressed pursuant to division (A)(1) of this section.	10746

(4) Issues to improve public health and increase awareness of	10747
public health issues at the state level, local level, or both;	10748

~~(4)~~(5) Any other public health issues that the director	10749
requests the board to consider.	10750

(B) ~~In making recommendations to the director under~~For	10751
purposes of division (A)(1) of this section, all of the following	10752
apply:	10753

(1) Prior to filing a proposed rule with the joint committee	10754
on agency rule review, the department of health shall provide each	10755
board member with a copy of the proposed rule, copies of public	10756
comments received by the department during the public comment	10757
period, and written evidence of stakeholder involvement.	10758

(2) Prior to board meetings, copies of proposed rules shall	10759
be provided to members. On request of a member, the department	10760
shall ensure that appropriate department employees attend board	10761
meetings to answer questions concerning proposed rules.	10762

(3)(a) Not later than sixty days after receiving a copy of a	10763
proposed rule, the board shall recommend approval or disapproval	10764
of the rule and submit its recommendation by board action to the	10765
director. In making its recommendation, the board may consider	10766
public comments provided to the department or the board.	10767

(b) If the board fails to make a recommendation within sixty	10768
days of receiving a copy of the proposed rule, the director may	10769
file the proposed rule.	10770

(4) Except as provided in division (B)(3)(b) of this section,	10771
the director shall consider the board's recommendation before	10772
filing a proposed rule. On request of the board, the director	10773
shall meet with the board to discuss the board's recommendation.	10774

(5) If the director disagrees with the board's	10775
recommendation, the director shall inform the board in writing of	10776
the director's decision and the reason for the decision prior to	10777
the next quarterly meeting. The director or the director's	10778
designee may meet with the board at the next quarterly meeting to	10779
answer questions regarding why the director disagreed with the	10780
board's recommendation.	10781

~~(C)~~(6) To the extent the board believes that a proposed rule	10782
does not comply with requirements established by the joint	10783
committee on agency rule review or the common sense initiative	10784
office, nothing in this section prohibits the board, in carrying	10785
out its duties under division (A)(1) of this section, from	10786
contacting the joint committee on agency rule review or the common	10787
sense initiative office.	10788

~~(D) In making recommendations under~~(C) For purposes of	10789
division (A)(2) of this section ~~for prescribing proposed fees for~~	10790
~~services provided by the bureau of environmental health~~, the board	10791
and the department shall develop a cost methodology, subject to	10792
approval by the director, regarding proposed fees for services	10793
provided by the department's bureau of environmental health.	10794

(D) For purposes of division (A)(3) of this section, a	10795
proposed WIC program policy change shall be treated as if it were	10796
a proposed rule subject to division (A)(1) of this section and the	10797
board and other entities involved in reviewing and making	10798
recommendations regarding the change may follow all or part of the	10799
procedures described in division (B) of this section.	10800

(E) This section does not apply to the following:

10801

(1) A proposed rule that is to be refiled with the joint	10802
committee on agency rule review solely because of technical or	10803
other nonsubstantive revisions;	10804

(2) The emergency adoption, amendment, or rescission of a	10805
rule under division (F) of section 119.03 of the Revised Code.	10806

Sec. 3701.74. (A) As used in this section and section	10807
3701.741 of the Revised Code:	10808

(1) "Ambulatory care facility" means a facility that provides	10809
medical, diagnostic, or surgical treatment to patients who do not	10810
require hospitalization, including a dialysis center, ambulatory	10811
surgical facility, cardiac catheterization facility, diagnostic	10812
imaging center, extracorporeal shock wave lithotripsy center, home	10813
health agency, inpatient hospice, birthing center, radiation	10814
therapy center, emergency facility, and an urgent care center.	10815
"Ambulatory care facility" does not include the private office of	10816
a physician or dentist, whether the office is for an individual or	10817
group practice.	10818

(2) "Chiropractor" means an individual licensed under Chapter	10819
4734. of the Revised Code to practice chiropractic.	10820

(3) "Emergency facility" means a hospital emergency	10821
department or any other facility that provides emergency medical	10822
services.	10823

(4) "Health care practitioner" means all of the following:

10824

(a) A dentist or dental hygienist licensed under Chapter	10825
4715. of the Revised Code;	10826

(b) A registered or licensed practical nurse licensed under	10827
Chapter 4723. of the Revised Code;	10828

(c) An optometrist licensed under Chapter 4725. of the	10829
Revised Code;	10830

(d) A dispensing optician, spectacle dispensing optician,	10831
contact lens dispensing optician, or spectacle-contact lens	10832
dispensing optician licensed under Chapter 4725. of the Revised	10833
Code;	10834

(e) A pharmacist licensed under Chapter 4729. of the Revised	10835
Code;	10836

(f) A physician;

10837

(g) A physician assistant authorized under Chapter 4730. of	10838
the Revised Code to practice as a physician assistant;	10839

(h) A practitioner of a limited branch of medicine issued a	10840
certificate under Chapter 4731. of the Revised Code;	10841

(i) A psychologist licensed under Chapter 4732. of the	10842
Revised Code;	10843

(j) A chiropractor;

10844

(k) A hearing aid dealer or fitter licensed under Chapter	10845
4747. of the Revised Code;	10846

(l) A speech-language pathologist or audiologist licensed	10847
under Chapter 4753. of the Revised Code;	10848

(m) An occupational therapist or occupational therapy	10849
assistant licensed under Chapter 4755. of the Revised Code;	10850

(n) A physical therapist or physical therapy assistant	10851
licensed under Chapter 4755. of the Revised Code;	10852

(o) A professional clinical counselor, professional	10853
counselor, social worker, or independent social worker licensed,	10854
or a social work assistant registered, under Chapter 4757. of the	10855
Revised Code;	10856

(p) A dietitian licensed under Chapter 4759. of the Revised	10857
Code;	10858

(q) A respiratory care professional licensed under Chapter	10859
4761. of the Revised Code;	10860

(r) An emergency medical technician-basic, emergency medical	10861
technician-intermediate, or emergency medical technician-paramedic	10862
certified under Chapter 4765. of the Revised Code.	10863

(5) "Health care provider" means a hospital, ambulatory care	10864
facility, long-term care facility, pharmacy, emergency facility,	10865
or health care practitioner.	10866

(6) "Hospital" has the same meaning as in section 3727.01 of	10867
the Revised Code.	10868

(7) "Long-term care facility" means a nursing home,	10869
residential care facility, or home for the aging, as those terms	10870
are defined in section 3721.01 of the Revised Code; a residential	10871
facility licensed under section 5119.34 of the Revised Code that	10872
provides accommodations, supervision, and personal care services	10873
for three to sixteen unrelated adults; a nursing facility, as	10874
defined in section 5165.01 of the Revised Code; a skilled nursing	10875
facility, as defined in section 5165.01 of the Revised Code; and	10876
an intermediate care facility for individuals with intellectual	10877
disabilities, as defined in section 5124.01 of the Revised Code.	10878

(8) "Medical record" means data in any form that pertains to	10879
a patient's medical history, diagnosis, prognosis, or medical	10880
condition and that is generated and maintained by a health care	10881
provider in the process of the patient's health care treatment.	10882

(9) "Medical records company" means a person who stores,	10883
locates, or copies medical records for a health care provider, or	10884
is compensated for doing so by a health care provider, and charges	10885
a fee for providing medical records to a patient or patient's	10886
representative.	10887

(10) "Patient" means either of the following:

10888

(a) An individual who received health care treatment from a	10889
health care provider;	10890

(b) A guardian, as defined in section 1337.11 of the Revised	10891
Code, of an individual described in division (A)(10)(a) of this	10892
section.	10893

(11) "Patient's personal representative" means a minor	10894
patient's parent or other person acting in loco parentis, a	10895
court-appointed guardian, or a person with durable power of	10896
attorney for health care for a patient, the executor or	10897
administrator of the patient's estate, or the person responsible	10898
for the patient's estate if it is not to be probated. "Patient's	10899
personal representative" does not include an insurer authorized	10900
under Title XXXIX of the Revised Code to do the business of	10901
sickness and accident insurance in this state, a health insuring	10902
corporation holding a certificate of authority under Chapter 1751.	10903
of the Revised Code, or any other person not named in this	10904
division.	10905

(12) "Pharmacy" has the same meaning as in section 4729.01 of	10906
the Revised Code.	10907

(13) "Physician" means a person authorized under Chapter	10908
4731. of the Revised Code to practice medicine and surgery,	10909
osteopathic medicine and surgery, or podiatric medicine and	10910
surgery.	10911

(14) "Authorized person" means a person to whom a patient has	10912
given written authorization to act on the patient's behalf	10913
regarding the patient's medical record.	10914

(B) A patient, a patient's personal representative, or an	10915
authorized person who wishes to examine or obtain a copy of part	10916
or all of a medical record shall submit to the health care	10917
provider a written request signed by the patient, personal	10918
representative, or authorized person dated not more than one year	10919
before the date on which it is submitted. The request shall	10920
indicate whether the copy is to be sent to the requestor,	10921
physician or chiropractor, or held for the requestor at the office	10922
of the health care provider. Within a reasonable time after	10923
receiving a request that meets the requirements of this division	10924
and includes sufficient information to identify the record	10925
requested, a health care provider that has the patient's medical	10926
records shall permit the patient to examine the record during	10927
regular business hours without charge or, on request, shall	10928
provide a copy of the record in accordance with section 3701.741	10929
of the Revised Code, except that if a physician or chiropractor	10930
who has treated the patient determines for clearly stated	10931
treatment reasons that disclosure of the requested record is	10932
likely to have an adverse effect on the patient, the health care	10933
provider shall provide the record to a physician or chiropractor	10934
designated by the patient. The health care provider shall take	10935
reasonable steps to establish the identity of the person making	10936
the request to examine or obtain a copy of the patient's record.	10937

(C) If a health care provider fails to furnish a medical	10938
record as required by division (B) of this section, the patient,	10939
personal representative, or authorized person who requested the	10940
record may bring a civil action to enforce the patient's right of	10941
access to the record.	10942

(D)(1) This section does not apply to medical records whose	10943
release is covered by section 173.20 or 3721.13 of the Revised	10944
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42	10945
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient	10946
Records," or by 42 C.F.R. 483.10.	10947

(2) Nothing in this section is intended to supersede the	10948
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	10949
and 2305.252 of the Revised Code.	10950

Sec. 3701.83. ~~(A)~~ There is hereby created in the state	10951
treasury the general operations fund. Moneys in the fund shall be	10952
used for the purposes specified in sections 3701.04, 3701.344,	10953
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	10954
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	10955
3749.04, 3749.07, 4747.04, and 4769.09 of the Revised Code.	10956

~~(B) The alcohol testing program fund is hereby created in the~~	10957
~~state treasury. The director of health shall use the fund to~~	10958
~~administer and enforce the alcohol testing and permit program~~	10959
~~authorized by section 3701.143 of the Revised Code.~~	10960

~~The fund shall receive transfers from the liquor control fund~~	10961
~~created under section 4301.12 of the Revised Code. All investment~~	10962
~~earnings of the alcohol testing program fund shall be credited to~~	10963
~~the fund.~~	10964

Sec. 3702.511. (A) Except as provided in division (B) of this	10965
section, the following activities are reviewable under sections	10966
3702.51 to 3702.62 of the Revised Code:	10967

(1) Establishment, development, or construction of a new	10968
long-term care facility;	10969

(2) Replacement of an existing long-term care facility;

10970

(3) Renovation of or addition to a long-term care facility	10971
that involves a capital expenditure of two million dollars or	10972
more, not including expenditures for equipment, staffing, or	10973
operational costs;	10974

(4) ~~Either of the following changes in long-term care bed~~	10975
~~capacity:~~	10976

~~(a)~~ An increase in long-term care bed capacity;

10977

~~(b)~~(5) A relocation of long-term care beds from one physical	10978
facility or site to another, excluding relocation of beds within a	10979
long-term care facility or among buildings of a long-term care	10980
facility at the same site.	10981

~~(5) Any change in the bed capacity or site, or any other~~	10982
~~failure to conduct a reviewable activity in substantial accordance~~	10983
~~with the approved application for which a certificate of need~~	10984
~~concerning long-term care beds was granted, if the change is made~~	10985
~~within five years after the implementation of the reviewable~~	10986
~~activity for which the certificate was granted~~;	10987

(6) Expenditure of more than one hundred ten per cent of the	10988
maximum expenditure specified in a certificate of need concerning	10989
long-term care beds.	10990

(B) The following activities are not subject to review under	10991
sections 3702.51 to 3702.62 of the Revised Code:	10992

(1) Acquisition of computer hardware or software;

10993

(2) Acquisition of a telephone system;

10994

(3) Construction or acquisition of parking facilities;

10995

(4) Correction of cited deficiencies that constitute an	10996
imminent threat to public health or safety and are in violation of	10997
federal, state, or local fire, building, or safety statutes,	10998
ordinances, rules, or regulations;	10999

(5) Acquisition of an existing long-term care facility that	11000
does not involve a change in the number of the beds;	11001

(6) Mergers, consolidations, or other corporate	11002
reorganizations of long-term care facilities that do not involve a	11003
change in the number of beds;	11004

(7) Construction, repair, or renovation of bathroom	11005
facilities;	11006

(8) Construction of laundry facilities, waste disposal	11007
facilities, dietary department projects, heating and air	11008
conditioning projects, administrative offices, and portions of	11009
medical office buildings used exclusively for physician services;	11010

(9) Removal of asbestos from a health care facility.

11011

Only that portion of a project that is described in this	11012
division is not reviewable.	11013

Sec. 3702.52. The director of health shall administer a	11014
state certificate of need program in accordance with sections	11015
3702.51 to 3702.62 of the Revised Code and rules adopted under	11016
those sections.	11017

(A) The director shall issue rulings on whether a particular	11018
proposed project is a reviewable activity. The director shall	11019
issue a ruling not later than forty-five days after receiving a	11020
request for a ruling accompanied by the information needed to make	11021
the ruling. If the director does not issue a ruling in that time,	11022
the project shall be considered to have been ruled not a	11023
reviewable activity.	11024

(B)(1) Each application for a certificate of need shall be	11025
submitted to the director on forms and in the manner prescribed by	11026
the director. Each application shall include a plan for obligating	11027
the capital expenditures or implementing the proposed project on a	11028
timely basis in accordance with section 3702.524 of the Revised	11029
Code. Each application shall also include all other information	11030
required by rules adopted under division (B) of section 3702.57 of	11031
the Revised Code.	11032

(2) Each application shall be accompanied by the application	11033
fee established in rules adopted under division (G) of section	11034
3702.57 of the Revised Code. Application fees received by the	11035
director under this division shall be deposited into the state	11036
treasury to the credit of the certificate of need fund, which is	11037
hereby created. The director shall use the fund only to pay the	11038
costs of administering sections 3702.11 to 3702.20, 3702.30, and	11039
3702.51 to 3702.62 of the Revised Code and rules adopted under	11040
those sections. An application fee is nonrefundable unless the	11041
director determines that the application cannot be accepted.	11042

(3) The director shall review applications for certificates	11043
of need. As part of a review, the director shall determine whether	11044
an application is complete. The director shall not consider an	11045
application to be complete unless the application meets all	11046
criteria for a complete application specified in rules adopted	11047
under section 3702.57 of the Revised Code. The director shall mail	11048
to the applicant a written notice that the application is	11049
complete, or a written request for additional information, not	11050
later than thirty days after receiving an application or a	11051
response to an earlier request for information. Except as provided	11052
in section 3702.522 of the Revised Code, the director shall not	11053
make more than two requests for additional information. The	11054
director's determination that an application is not complete is	11055
final and not subject to appeal.	11056

(4) Except as necessary to comply with a subpoena issued	11057
under division (F) of this section, after a notice of completeness	11058
has been received, no person shall make revisions to information	11059
that was submitted to the director before the director mailed the	11060
notice of completeness or knowingly discuss in person or by	11061
telephone the merits of the application with the director. A	11062
person may supplement an application after a notice of	11063
completeness has been received by submitting clarifying	11064
information to the director.	11065

(C) All of the following apply to the process of granting or	11066
denying a certificate of need:	11067

(1) If the project proposed in a certificate of need	11068
application meets all of the applicable certificate of need	11069
criteria for approval under sections 3702.51 to 3702.62 of the	11070
Revised Code and the rules adopted under those sections, the	11071
director shall grant a certificate of need for all or part of the	11072
project that is the subject of the application by the applicable	11073
deadline specified in division (C)(4) of this section or any	11074
extension of it under division (C)(5) of this section.	11075

(2) The director's grant of a certificate of need does not	11076
affect, and sets no precedent for, the director's decision to	11077
grant or deny other applications for similar reviewable	11078
activities.	11079

(3) Any affected person may submit written comments regarding	11080
an application. The director shall consider all written comments	11081
received by the ~~thirtieth~~forty-fifth day after ~~mailing the notice~~	11082
~~of completeness or, in the case of applications under comparative~~	11083
~~review, by the thirtieth day after~~the application is submitted to	11084
the director ~~mails the last notice of completeness~~.	11085

(4) Except as provided in division (C)(5) of this section,	11086
the director shall grant or deny certificate of need applications	11087
not later than sixty days after mailing the notice of	11088
completeness.	11089

(5) Except as otherwise provided in division (C)(6) of this	11090
section, the director or the applicant may extend the deadline	11091
prescribed in division (C)(4) of this section once, for no longer	11092
than thirty days, by written notice before the end of the deadline	11093
prescribed by division (C)(4) of this section. An extension by the	11094
director under division (C)(5) of this section shall apply to all	11095
applications that are in comparative review.	11096

(6) No applicant in a comparative review may extend the	11097
deadline specified in division (C)(4) of this section.	11098

(7) If the director does not grant or deny the certificate by	11099
the applicable deadline specified in division (C)(4) of this	11100
section or any extension of it under division (C)(5) of this	11101
section, the certificate shall be considered to have been granted.	11102

(8) In granting a certificate of need, the director shall	11103
specify as the maximum capital expenditure the certificate holder	11104
may obligate under the certificate a figure equal to one hundred	11105
ten per cent of the approved project cost.	11106

(9) In granting a certificate of need, the director may grant	11107
the certificate with conditions that must be met by the holder of	11108
the certificate.	11109

(D) When a certificate of need is granted for a project under	11110
which beds are to be relocated, upon completion of the project for	11111
which the certificate of need was granted a number of beds equal	11112
to the number of beds relocated shall cease to be operated in the	11113
long-term care facility from which they are relocated, except that	11114
the beds may continue to be operated for not more than fifteen	11115
days to allow relocation of residents to the facility to which the	11116
beds have been relocated. Notwithstanding section 3721.03 of the	11117
Revised Code, if the relocated beds are in a home licensed under	11118
Chapter 3721. of the Revised Code, the facility's license is	11119
automatically reduced by the number of beds relocated effective	11120
fifteen days after the beds are relocated. If the beds are in a	11121
facility that is certified as a skilled nursing facility or	11122
nursing facility under Title XVIII or XIX of the "Social Security	11123
Act," the certification for the beds shall be surrendered. If the	11124
beds are registered under section 3701.07 of the Revised Code as	11125
skilled nursing beds or long-term care beds, the director shall	11126
remove the beds from registration not later than fifteen days	11127
after the beds are relocated.	11128

(E) ~~The director shall monitor the activities of persons~~	11129
~~granted certificates of need during~~During the period beginning	11130
with the granting of ~~the~~a certificate of need and ending five	11131
years after implementation of the reviewable activity for which	11132
the certificate was granted, the director shall monitor the	11133
activities of the person granted the certificate to determine	11134
whether the reviewable activity is conducted in substantial	11135
accordance with the certificate. A reviewable activity shall not	11136
be determined to be not in substantial accordance with the	11137
certificate of need solely because of a decrease in bed capacity.	11138

(F) When reviewing applications for certificates of need,	11139
considering appeals under section 3702.60 of the Revised Code, or	11140
monitoring activities of persons granted certificates of need, the	11141
director may issue and enforce, in the manner provided in section	11142
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to	11143
compel a person to testify and produce documents relevant to	11144
review of the application, consideration of the appeal, or	11145
monitoring of the activities. In addition, the director or the	11146
director's designee may visit the sites where the activities are	11147
or will be conducted.	11148

(G) The director may withdraw certificates of need.

11149

(H) All long-term care facilities shall submit to the	11150
director, upon request, any information prescribed by rules	11151
adopted under division (H) of section 3702.57 of the Revised Code	11152
that is necessary to conduct reviews of certificate of need	11153
applications and to develop criteria for reviews.	11154

(I) Any decision to grant or deny a certificate of need shall	11155
consider the special needs and circumstances resulting from moral	11156
and ethical values and the free exercise of religious rights of	11157
long-term care facilities administered by religious organizations,	11158
and the special needs and circumstances of inner city and rural	11159
communities.	11160

Sec. 3702.526. (A) Except as provided in division (B) of this	11161
section, the director of health shall accept an application for a	11162
replacement certificate of need for an activity described in	11163
division (A)~~(5)~~ of section 3702.511 of the Revised Code to replace	11164
an approved certificate of need ~~for that activity~~ if all of the	11165
following conditions are met:	11166

(1) The applicant requests the replacement certificate of	11167
need so that the reviewable activity for which the approved	11168
certificate of need was granted can be implemented in a manner	11169
that is not in substantial accordance with the approved	11170
certificate of need.	11171

(2) The applicant is the same as the applicant for the	11172
approved certificate of need or an affiliated or related person as	11173
described in division (B) of section 3702.523 of the Revised Code.	11174

~~(2)~~(3) The source of any long-term care beds to be relocated	11175
is the same as in the approved certificate of need.	11176

~~(3)~~(4) The application for the approved certificate of need	11177
was not subject to comparative review under section 3702.593 of	11178
the Revised Code.	11179

(B) The director shall not accept an application for a	11180
replacement certificate that proposes to increase the number of	11181
long-term care beds to be relocated specified in the application	11182
for the approved certificate of need.	11183

(C) For the purpose of determining whether long-term care	11184
beds are from an existing long-term care facility, the director	11185
shall consider the date of filing of the application for a	11186
replacement certificate to be the same as the date of filing of	11187
the original application for the approved certificate of need.	11188

(D) Any long-term care beds that were ~~approved~~proposed to be	11189
relocated in the approved certificate of need remain ~~approved~~	11190
eligible to be recategorized as a different category of long-term	11191
care beds in the application for a replacement certificate.	11192

(E) The applicant shall submit with the application for a	11193
replacement certificate a nonrefundable fee equal to the	11194
application fee for the approved certificate of need.	11195

(F) The director shall review and approve or deny the	11196
application for the replacement certificate in the same manner as	11197
the application for the approved certificate of need.	11198

(G) Upon approval of the application for a replacement	11199
certificate, the original certificate of need is automatically	11200
voided.	11201

Sec. 3702.59. (A) The director of health shall accept for	11202
review certificate of need applications as provided in sections	11203
3702.592, 3702.593, and 3702.594 of the Revised Code.	11204

(B)(1) The director shall not approve an application for a	11205
certificate of need for the addition of long-term care beds to an	11206
existing long-term care facility or for the development of a new	11207
long-term care facility if any of the following apply:	11208

(a) The existing long-term care facility in which the beds	11209
are being placed has one or more waivers for life safety code	11210
deficiencies, one or more state fire code violations, or one or	11211
more state building code violations, and the project identified in	11212
the application does not propose to correct all life safety code	11213
deficiencies for which a waiver has been granted, all state fire	11214
code violations, and all state building code violations at the	11215
existing long-term care facility in which the beds are being	11216
placed;	11217

(b) During the sixty-month period preceding the filing of the	11218
application, a notice of proposed license revocation was issued	11219
under section 3721.03 of the Revised Code for the existing	11220
long-term care facility in which the beds are being placed or a	11221
nursing home owned or operated by the applicant or a principal	11222
participant.	11223

(c) During the period that precedes the filing of the	11224
application and is encompassed by the three most recent standard	11225
surveys of the existing long-term care facility in which the beds	11226
are being placed, any of the following occurred:	11227

(i) The facility was cited on three or more separate	11228
occasions for final, nonappealable actual harm but not immediate	11229
jeopardy deficiencies.	11230

(ii) The facility was cited on two or more separate occasions	11231
for final, nonappealable immediate jeopardy deficiencies.	11232

(iii) The facility was cited on two separate occasions for	11233
final, nonappealable actual harm but not immediate jeopardy	11234
deficiencies and on one occasion for a final, nonappealable	11235
immediate jeopardy deficiency.	11236

(d) More than two nursing homes owned or operated in this	11237
state by the applicant or a principal participant or, if the	11238
applicant or a principal participant owns or operates more than	11239
twenty nursing homes in this state, more than ten per cent of	11240
those nursing homes, were each cited during the period that	11241
precedes the filing of the application for the certificate of need	11242
and is encompassed by the three most recent standard surveys of	11243
the nursing homes that were so cited in any of the following	11244
manners:	11245

(i) On three or more separate occasions for final,	11246
nonappealable actual harm but not immediate jeopardy deficiencies;	11247

(ii) On two or more separate occasions for final,	11248
nonappealable immediate jeopardy deficiencies;	11249

(iii) On two separate occasions for final, nonappealable	11250
actual harm but not immediate jeopardy deficiencies and on one	11251
occasion for a final, nonappealable immediate jeopardy deficiency.	11252

(2) In applying divisions (B)(1)(a) to (d) of this section,	11253
the director shall not consider deficiencies or violations cited	11254
before the applicant or a principal participant acquired or began	11255
to own or operate the long-term care facility at which the	11256
deficiencies or violations were cited. The director may disregard	11257
deficiencies and violations cited after the long-term care	11258
facility was acquired or began to be operated by the applicant or	11259
a principal participant if the deficiencies or violations were	11260
attributable to circumstances that arose under the previous owner	11261
or operator and the applicant or principal participant has	11262
implemented measures to alleviate the circumstances. In the case	11263
of an application proposing development of a new long-term care	11264
facility by relocation of beds, the director shall not consider	11265
deficiencies or violations that were solely attributable to the	11266
physical plant of the existing long-term care facility from which	11267
the beds are being relocated.	11268

(C) The director also shall accept for review any application	11269
for the conversion of infirmary beds to long-term care beds if	11270
the infirmary meets all of the following conditions:	11271

(1) Is operated exclusively by a religious order;

11272

(2) Provides care exclusively to members of religious orders	11273
who take vows of celibacy and live by virtue of their vows within	11274
the orders as if related;	11275

(3) Was providing care exclusively to members of such a	11276
religious order on January 1, 1994.	11277

(D) Notwithstanding division (C)(2) of this section, a	11278
facility that has been granted a certificate of need under	11279
division (C) of this section may provide care to any of the	11280
following family members of the individuals described in division	11281
(C)(2) of this section: mothers, fathers, brothers, sisters,	11282
brothers-in-law, sisters-in-law, or children. Such a facility may	11283
also provide care to any individual who has been designated an	11284
associate member by the religious order that operates the	11285
facility.	11286

The long-term care beds in a facility that have been granted	11287
a certificate of need under division (C) of this section may not	11288
be relocated pursuant to sections 3702.592 to 3702.594 of the	11289
Revised Code.	11290

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	11291
Revised Code:	11292

(A) "Full-time practice" means working a minimum of forty	11293
hours per week for a minimum of forty-five weeks each service	11294
year.	11295

(B) "Part-time practice" means working a minimum of twenty	11296
and a maximum of thirty-nine hours per week for a minimum of	11297
forty-five weeks per service year.	11298

(C) "Primary care physician" means an individual who is	11299
authorized under Chapter 4731. of the Revised Code to practice	11300
medicine and surgery or osteopathic medicine and surgery and is	11301
board certified or board eligible in a primary care specialty.	11302

~~(B)~~(D) "Primary care service" means professional	11303
comprehensive personal health services, which may include health	11304
education and disease prevention, treatment of uncomplicated	11305
health problems, diagnosis of chronic health problems, overall	11306
management of health care services for an individual or a family,	11307
and the services of a psychiatrist. "Primary care service" also	11308
includes providing the initial contact for health care services	11309
~~and~~, making referrals for secondary and tertiary care and for	11310
continuity of health care services, and teaching activities to the	11311
extent specified in a contract entered into pursuant to section	11312
3702.74 of the Revised Code.	11313

~~(C)~~(E) "Primary care specialty" means general internal	11314
medicine, pediatrics, adolescent medicine, obstetrics and	11315
gynecology, psychiatry, child and adolescent psychiatry, geriatric	11316
psychiatry, combined internal medicine and pediatrics, geriatrics,	11317
or family practice.	11318

(F) "Teaching activities" means supervising medical students	11319
and medical residents at the service site specified in the letter	11320
of intent described in section 3702.73 of the Revised Code.	11321

Sec. 3702.74. (A) A primary care physician who has signed a	11322
letter of intent under section 3702.73 of the Revised Code and the	11323
director of health may enter into a contract for the physician's	11324
participation in the physician loan repayment program. The	11325
physician's employer or other funding source may also be a party	11326
to the contract.	11327

(B) The contract shall include all of the following	11328
obligations:	11329

(1) The primary care physician agrees to provide primary care	11330
services in the health resource shortage area identified in the	11331
letter of intent for ~~at least two years~~the number of hours and	11332
duration specified in the contract;	11333

(2) When providing primary care services in the health	11334
resource shortage area, the primary care physician agrees to do	11335
all of the following:	11336

(a) Provide primary care services ~~for a minimum of forty~~	11337
~~hours per week, of which at least twenty-one hours will be spent~~	11338
~~providing patient care~~ in an outpatient or ambulatory setting	11339
approved by the department of health;	11340

(b) Provide primary care services without regard to a	11341
patient's ability to pay;	11342

(c) Meet the requirements for a medicaid provider agreement	11343
and enter into the agreement with the department of medicaid to	11344
provide primary care services to medicaid recipients.	11345

(3) The department of health agrees, as provided in section	11346
3702.75 of the Revised Code, to repay, so long as the primary care	11347
physician performs the service obligation agreed to under division	11348
(B)(1) of this section, all or part of the principal and interest	11349
of a government or other educational loan taken by the primary	11350
care physician for expenses described in section 3702.75 of the	11351
Revised Code;	11352

(4) The primary care physician agrees to pay the department	11353
of health an amount established by rules adopted under section	11354
3702.79 of the Revised Code if the physician fails to complete the	11355
service obligation agreed to under division (B)(1) of this	11356
section.	11357

(C) The contract ~~may include any other terms agreed upon by~~	11358
~~the parties~~shall include the following terms as agreed upon by	11359
the parties:	11360

(1) The primary care physician's required length of service	11361
in the health resource shortage area, which must be at least two	11362
years;	11363

(2) The number of weekly hours the primary care physician	11364
will be engaged in full-time practice or part-time practice in the	11365
health resource shortage area;	11366

(3) The maximum amount that the department will repay on	11367
behalf of the primary care physician;	11368

(4) The extent to which the primary care physician's teaching	11369
activities will be counted toward the physician's full-time	11370
practice or part-time practice hours under the contract.	11371

(D) If the amount specified in division (C)(3) of this	11372
section includes funds from the bureau of clinician recruitment	11373
and service in the United States department of health and human	11374
services, the amount of state funds repaid on the individual's	11375
behalf shall be the same as the amount of those funds.	11376

Sec. 3702.75. There is hereby created the physician loan	11377
repayment program. Under the program, the department of health, by	11378
means of a contract provision under division (B)(3) of section	11379
3702.74 of the Revised Code, may agree to repay all or part of the	11380
principal and interest of a government or other educational loan	11381
taken by a primary care physician for the following expenses, so	11382
long as the expenses were incurred while the physician was	11383
enrolled in, for up to a maximum of four years, a medical school	11384
or osteopathic medical school in the United States that was,	11385
during the time enrolled, accredited by the liaison committee on	11386
medical education or the American osteopathic association, or a	11387
medical school or osteopathic medical school located outside the	11388
United States that was, during the time enrolled, acknowledged by	11389
the world health organization and verified by a member state of	11390
that organization as operating within the state's jurisdiction:	11391

(A) Tuition;

11392

(B) Other educational expenses, such as fees, books, and	11393
laboratory expenses, for specific purposes and in amounts	11394
determined to be reasonable by the director of health;	11395

(C) Room and board, in an amount determined reasonable by the	11396
director of health.	11397

~~In the first and second years, no repayment shall exceed~~	11398
~~twenty-five thousand dollars in each year. In the third and fourth~~	11399
~~years, no repayment shall exceed thirty-five thousand dollars in~~	11400
~~each year. If, however, a repayment results in an increase in the~~	11401
~~primary care physician's federal, state, or local income tax~~	11402
~~liability, at the physician's request, the department may~~	11403
~~reimburse the physician for the increased tax liability,~~	11404
~~regardless of the amount of the repayment made to the physician in~~	11405
~~that year.~~	11406

~~Not later than the thirty-first day of January each year, the~~	11407
~~department shall mail to each physician to whom or on whose behalf~~	11408
~~repayment is made under this section a statement showing the~~	11409
~~amount repaid by the department pursuant to the contract in the~~	11410
~~preceding year. The statement shall be sent by ordinary mail with~~	11411
~~address correction and forwarding requested in the manner~~	11412
~~prescribed by the United States postal service.~~	11413

Sec. 3702.91. (A) As used in this section:

11414

(1) "Full-time practice" and "part-time practice" have the	11415
same meanings as in section 3702.71 of the Revised Code;	11416

(2) "Teaching activities" means supervising dental students	11417
and dental residents at the service site specified in the letter	11418
of intent described in section 3702.90 of the Revised Code.	11419

(B) An individual who has signed a letter of intent ~~under~~	11420
~~section 3702.90 of the Revised Code~~ may enter into a contract with	11421
the director of health for participation in the dentist loan	11422
repayment program. The dentist's employer or other funding source	11423
may also be a party to the contract.	11424

~~(B)~~(C) The contract shall include all of the following	11425
obligations:	11426

(1) The individual agrees to provide dental services in the	11427
dental health resource shortage area identified in the letter of	11428
intent for ~~at least two years~~the number of hours and duration	11429
specified in the contract.	11430

(2) When providing dental services in the dental health	11431
resource shortage area, the individual agrees to do all of the	11432
following:	11433

(a) Provide dental services ~~for a minimum of forty hours per~~	11434
~~week~~in a service site approved by the department of health;	11435

(b) Provide dental services without regard to a patient's	11436
ability to pay;	11437

(c) Meet the requirements for a medicaid provider agreement	11438
and enter into the agreement with the department of medicaid to	11439
provide dental services to medicaid recipients.	11440

(3) The department of health agrees, as provided in section	11441
3702.85 of the Revised Code, to repay, so long as the individual	11442
performs the service obligation agreed to under division ~~(B)~~(C)(1)	11443
of this section, all or part of the principal and interest of a	11444
government or other educational loan taken by the individual for	11445
expenses described in section 3702.85 of the Revised Code.	11446

(4) The individual agrees to pay the department of health an	11447
amount established by rules adopted under section 3702.86 of the	11448
Revised Code, if the individual fails to complete the service	11449
obligation agreed to under division ~~(B)~~(C)(1) of this section.	11450

~~(C)~~(D) The contract ~~may~~shall include ~~any other~~the following	11451
terms as agreed upon by the parties:	11452

(1) The individual's required length of service in the dental	11453
health resource shortage area, which must be at least two years;	11454

(2) The number of weekly hours the individual will be engaged	11455
in full-time practice or part-time practice;	11456

(3) The maximum amount that the department will repay on	11457
behalf of the individual;	11458

(4) The extent to which the individual's teaching activities	11459
will be counted toward the individual's full-time practice or	11460
part-time practice hours under the contract.	11461

~~(D) Not later than the thirty-first day of January of each~~	11462
~~year, the department of health shall mail to each individual to~~	11463
~~whom or on whose behalf repayment is made under the dentist loan~~	11464
~~repayment program a statement showing the amount of principal and~~	11465
~~interest repaid by the department pursuant to the contract in the~~	11466
~~preceding year. The statement shall be sent by ordinary mail with~~	11467
~~address correction and forwarding requested in the manner~~	11468
~~prescribed by the United States postal service.~~	11469

(E) If the amount specified in division (D)(3) of this	11470
section includes funds from the bureau of clinician recruitment	11471
and service in the United States department of health and human	11472
services, the amount of state funds repaid on the individual's	11473
behalf shall be the same as the amount of those funds.	11474

Sec. 3702.95. The director of health may accept gifts of	11475
money from any source for the implementation and administration of	11476
sections 3702.85 to ~~3702.93~~3702.92 of the Revised Code.	11477

The director shall pay all gifts accepted under this section	11478
into the state treasury, to the credit of the dental health	11479
resource shortage area fund, which is hereby created, and all	11480
damages collected under division ~~(B)~~(C)(4) of section 3702.91 of	11481
the Revised Code, into the state treasury, to the credit of the	11482
dentist loan repayment fund, which is hereby created.	11483

The director shall use the dental health resource shortage	11484
area and dentist loan repayment funds for the implementation and	11485
administration of sections 3702.85 to 3702.95 of the Revised Code.	11486

Sec. 3721.02. (A) As used in this section, "residential	11487
facility" means a residential facility licensed under section	11488
5119.34 of the Revised Code that provides accommodations,	11489
supervision, and personal care services for three to sixteen	11490
unrelated adults.	11491

(B)(1) The director of health shall license homes and	11492
establish procedures to be followed in inspecting and licensing	11493
homes. The director may inspect a home at any time. Each home	11494
shall be inspected by the director at least once prior to the	11495
issuance of a license and at least once every fifteen months	11496
thereafter. The state fire marshal or a township, municipal, or	11497
other legally constituted fire department approved by the marshal	11498
shall also inspect a home prior to issuance of a license, at least	11499
once every fifteen months thereafter, and at any other time	11500
requested by the director. A home does not have to be inspected	11501
prior to issuance of a license by the director, state fire	11502
marshal, or a fire department if ownership of the home is assigned	11503
or transferred to a different person and the home was licensed	11504
under this chapter immediately prior to the assignment or	11505
transfer. The director may enter at any time, for the purposes of	11506
investigation, any institution, residence, facility, or other	11507
structure that has been reported to the director or that the	11508
director has reasonable cause to believe is operating as a nursing	11509
home, residential care facility, or home for the aging without a	11510
valid license required by section 3721.05 of the Revised Code or,	11511
in the case of a county home or district home, is operating	11512
despite the revocation of its residential care facility license.	11513
The director may delegate the director's authority and duties	11514
under this chapter to any division, bureau, agency, or official of	11515
the department of health.	11516

(2)(a) If, prior to issuance of a license, a home submits a	11517
request for an expedited licensing inspection and the request is	11518
submitted in a manner and form approved by the director, the	11519
director shall commence an inspection of the home not later than	11520
ten business days after receiving the request.	11521

(b) On request, submitted in a manner and form approved by	11522
the director, the director may review plans for a building that is	11523
to be used as a home for compliance with applicable state and	11524
local building and safety codes.	11525

(c) The director may charge a fee for an expedited licensing	11526
inspection or a plan review that is adequate to cover the expense	11527
of expediting the inspection or reviewing the plans. The fee shall	11528
be deposited in the state treasury to the credit of the general	11529
operations fund created in section 3701.83 of the Revised Code and	11530
used solely for expediting inspections and reviewing plans.	11531

(C) A single facility may be licensed both as a nursing home	11532
pursuant to this chapter and as a residential facility pursuant to	11533
section 5119.34 of the Revised Code if the director determines	11534
that the part or unit to be licensed as a nursing home can be	11535
maintained separate and discrete from the part or unit to be	11536
licensed as a residential facility.	11537

(D) In determining the number of residents in a home for the	11538
purpose of licensing, the director shall consider all the	11539
individuals for whom the home provides accommodations as one group	11540
unless one of the following is the case:	11541

(1) The home is a home for the aging, in which case all the	11542
individuals in the part or unit licensed as a nursing home shall	11543
be considered as one group, and all the individuals in the part or	11544
unit licensed as a rest home shall be considered as another group.	11545

(2) The home is both a nursing home and a residential	11546
facility. In that case, all the individuals in the part or unit	11547
licensed as a nursing home shall be considered as one group, and	11548
all the individuals in the part or unit licensed as an adult care	11549
facility shall be considered as another group.	11550

(3) The home maintains, in addition to a nursing home or	11551
residential care facility, a separate and discrete part or unit	11552
that provides accommodations to individuals who do not require or	11553
receive skilled nursing care and do not receive personal care	11554
services from the home, in which case the individuals in the	11555
separate and discrete part or unit shall not be considered in	11556
determining the number of residents in the home if the separate	11557
and discrete part or unit is in compliance with the Ohio basic	11558
building code established by the board of building standards under	11559
Chapters 3781. and 3791. of the Revised Code and the home permits	11560
the director, on request, to inspect the separate and discrete	11561
part or unit and speak with the individuals residing there, if	11562
they consent, to determine whether the separate and discrete part	11563
or unit meets the requirements of this division.	11564

(E)(1) The director of health shall charge the following	11565
application fee and annual renewal licensing and inspection fee	11566
for each fifty persons or part thereof of a home's licensed	11567
capacity:	11568

(a) For state fiscal year 2010, two hundred twenty dollars;

11569

(b) For state fiscal year 2011, two hundred seventy dollars;

11570

(c) For each state fiscal year thereafter, three hundred	11571
twenty dollars.	11572

(2) All fees collected by the director for the issuance or	11573
renewal of licenses shall be deposited into the state treasury to	11574
the credit of the general operations fund created in section	11575
3701.83 of the Revised Code for use only in administering and	11576
enforcing this chapter and rules adopted under it.	11577

(F)(1) Except as otherwise provided in this section, the	11578
results of an inspection or investigation of a home that is	11579
conducted under this section, including any statement of	11580
deficiencies and all findings and deficiencies cited in the	11581
statement on the basis of the inspection or investigation, shall	11582
be used solely to determine the home's compliance with this	11583
chapter or another chapter of the Revised Code in any action or	11584
proceeding other than an action commenced under division (I) of	11585
section 3721.17 of the Revised Code. Those results of an	11586
inspection or investigation, that statement of deficiencies, and	11587
the findings and deficiencies cited in that statement shall not be	11588
used in any court or in any action or proceeding that is pending	11589
in any court and are not admissible in evidence in any action or	11590
proceeding unless that action or proceeding is an appeal of an	11591
action by the department of health under this chapter or is an	11592
action by any department or agency of the state to enforce this	11593
chapter or another chapter of the Revised Code.	11594

(2) Nothing in division ~~(E)~~(F)(1) of this section prohibits	11595
the results of an inspection or investigation conducted under this	11596
section from being used in a criminal investigation or	11597
prosecution.	11598

Sec. 3721.122. Before an individual is admitted as a	11599
resident to a home, the home's administrator shall search for the	11600
individual's name in the internet-based sex offender and	11601
child-victim offender database established under division (A)(11)	11602
of section 2950.13 of the Revised Code. If the search results	11603
identify the individual as a sex offender and the individual is	11604
admitted as a resident to the home, the administrator shall	11605
provide for the home to do all of the following:	11606

(A) Develop a plan of care to protect the other residents'	11607
rights to a safe environment and to be free from abuse;	11608

(B) Notify all of the home's other residents and their	11609
sponsors that a sex offender has been admitted as a resident to	11610
the home and include in the notice a description of the plan of	11611
care developed under division (A) of this section;	11612

(C) Direct the individual in updating the individual's	11613
address under section 2950.05 of the Revised Code and, if the	11614
individual is unable to do so without assistance, provide the	11615
assistance the individual needs to update the individual's address	11616
under that section.	11617

Sec. 3730.09. (A) Each operator of a business that offers	11618
tattooing or body piercing services shall do all of the following:	11619

(1) Maintain procedures for ensuring that the individuals who	11620
perform tattooing or body piercing procedures are adequately	11621
trained to perform the procedures properly;	11622

(2) With respect to tattooing services, maintain written	11623
records that include the color, manufacturer, and lot number of	11624
each pigment used for each tattoo performed;	11625

(3) Comply with the safety and sanitation requirements for	11626
preventing transmission of infectious diseases, as established in	11627
rules adopted under section 3730.10 of the Revised Code;	11628

(4) ~~Require the individuals who perform tattooing and body~~	11629
~~piercing procedures to disinfect and sterilize~~Ensure that all	11630
invasive equipment or parts of equipment used in performing ~~the~~	11631
tattooing and body piercing procedures are disinfected and	11632
sterilized by using methods that meet the disinfection and	11633
sterilization requirements established in rules adopted under	11634
section 3730.10 of the Revised Code;	11635

(5) Ensure that weekly tests of the business's heat	11636
sterilization devices are performed to determine whether the	11637
devices are functioning properly. In having the devices tested,	11638
the operator of the business shall use a biological monitoring	11639
system that indicates whether the devices are killing	11640
microorganisms. If a test indicates that a device is not	11641
functioning properly, the operator shall take immediate remedial	11642
action to ensure that heat sterilization is being accomplished.	11643
The operator shall maintain documentation that the weekly tests	11644
are being performed. To comply with the documentation requirement,	11645
the documents must consist of a log that indicates the date on	11646
which each test is performed and the name of the person who	11647
performed the test or, if a test was conducted by an independent	11648
testing entity, a copy of the entity's testing report. The	11649
operator shall maintain records of each test performed for at	11650
least two years.	11651

(B) Each operator of a business that offers ear piercing	11652
services performed with an ear piercing gun shall require the	11653
individuals who perform the ear piercing services to disinfect and	11654
sterilize the ear piercing gun by using chemical solutions that	11655
meet the disinfection and sterilization requirements established	11656
in rules adopted under section 3730.10 of the Revised Code.	11657

Sec. 3735.31. A metropolitan housing authority created under	11658
sections 3735.27 to 3735.50 of the Revised Code, constitutes a	11659
body corporate and politic. Nothing in this chapter shall limit	11660
the authority of a metropolitan housing authority, or a nonprofit	11661
corporation formed by a metropolitan housing authority to carry	11662
out its functions, to compete for and perform federal housing	11663
contracts or grants within or outside this state. To clear, plan,	11664
and rebuild slum areas within the district in which the authority	11665
is created, to provide safe and sanitary housing accommodations to	11666
families of low income within that district, or to accomplish any	11667
combination of the foregoing purposes, the authority may do any of	11668
the following:	11669

(A) Sue and be sued; have a seal; have corporate succession;	11670
receive grants from state, federal, or other governments, or from	11671
private sources; conduct investigations into housing and living	11672
conditions; enter any buildings or property in order to conduct	11673
its investigations; conduct examinations, subpoena, and require	11674
the attendance of witnesses and the production of books and	11675
papers; issue commissions for the examination of witnesses who are	11676
out of the state or unable to attend before the authority or	11677
excused from attendance; and in connection with these powers, any	11678
member of the authority may administer oaths, take affidavits, and	11679
issue subpoenas;	11680

(B) Determine what areas constitute slum areas, and prepare	11681
plans for housing projects in those areas; purchase, lease, sell,	11682
exchange, transfer, assign, or mortgage any property, real or	11683
personal, or any interest in that property, or acquire the same by	11684
gift, bequest, or eminent domain; own, hold, clear, and improve	11685
property; provide and set aside housing projects, or dwelling	11686
units comprising portions of housing projects, designed especially	11687
for the use of families, the head of which or the spouse of which	11688
is sixty-five years of age or older; engage in, or contract for,	11689
the construction, reconstruction, alteration, or repair, or both,	11690
of any housing project or part of any housing project; include in	11691
any contract let in connection with a project, stipulations	11692
requiring that the contractor and any subcontractors comply with	11693
requirements as to minimum wages and maximum hours of labor, and	11694
comply with any conditions that the federal government has	11695
attached to its financial aid of the project; lease or operate, or	11696
both, any project, and establish or revise schedules of rents for	11697
any projects or part of any project; arrange with the county or	11698
municipal corporations, or both, for the planning and replanning	11699
of streets, alleys, and other public places or facilities in	11700
connection with any area or project; borrow money upon its notes,	11701
debentures, or other evidences of indebtedness, and secure the	11702
same by mortgages upon property held or to be held by it, or by	11703
pledge of its revenues, or in any other manner; invest any funds	11704
held in reserves or sinking funds or not required for immediate	11705
disbursements; execute contracts and all other instruments	11706
necessary or convenient to the exercise of the powers granted in	11707
this section; make, amend, and repeal bylaws and rules to carry	11708
into effect its powers and purposes;	11709

(C) Borrow money or accept grants or other financial	11710
assistance from the federal government for or in aid of any	11711
housing project within its territorial limits; take over or lease	11712
or manage any housing project or undertaking constructed or owned	11713
by the federal government; comply with any conditions and enter	11714
into any mortgages, trust indentures, leases, or agreements that	11715
are necessary, convenient, or desirable;	11716

(D) Subject to section 3735.311 of the Revised Code, employ a	11717
police force to protect the lives and property of the residents of	11718
housing projects within the district, to preserve the peace in the	11719
housing projects, and to enforce the laws, ordinances, and	11720
regulations of this state and its political subdivisions in the	11721
housing projects and, when authorized by law, outside the limits	11722
of the housing projects.	11723

(E) Enter into an agreement with a county, municipal	11724
corporation, or township in whose jurisdiction the metropolitan	11725
housing authority is located that permits metropolitan housing	11726
authority police officers employed under division (D) of this	11727
section to exercise full arrest powers as provided in section	11728
2935.03 of the Revised Code, perform any police function, exercise	11729
any police power, or render any police service within specified	11730
areas of the county, municipal corporation, or township for the	11731
purpose of preserving the peace and enforcing all laws of the	11732
state, ordinances of the municipal corporation, or regulations of	11733
the township.	11734

Sec. 3735.67. (A) The owner of real property located in a	11735
community reinvestment area and eligible for exemption from	11736
taxation under a resolution adopted pursuant to section 3735.66 of	11737
the Revised Code may file an application for an exemption from	11738
real property taxation of a percentage of the assessed valuation	11739
of a new structure or remodeling, completed after the effective	11740
date of the resolution adopted pursuant to section 3735.66 of the	11741
Revised Code, with the housing officer designated pursuant to	11742
section 3735.66 of the Revised Code for the community reinvestment	11743
area in which the property is located. If any part of the new	11744
structure or remodeling that would be exempted is of real property	11745
to be used for commercial or industrial purposes, the legislative	11746
authority and the owner of the property shall enter into a written	11747
agreement pursuant to section 3735.671 of the Revised Code prior	11748
to commencement of construction or remodeling; if such an	11749
agreement is subject to approval by the board of education of the	11750
school district within the territory of which the property is or	11751
will be located, the agreement shall not be formally approved by	11752
the legislative authority until the board of education approves	11753
the agreement in the manner prescribed by that section.	11754

(B) The housing officer shall verify the construction of the	11755
new structure or the cost of the remodeling and the facts asserted	11756
in the application. The housing officer shall determine whether	11757
the construction or the cost of the remodeling meets the	11758
requirements for an exemption under this section. In cases	11759
involving a structure of historical or architectural significance,	11760
the housing officer shall not determine whether the remodeling	11761
meets the requirements for a tax exemption unless the	11762
appropriateness of the remodeling has been certified, in writing,	11763
by the society, association, agency, or legislative authority that	11764
has designated the structure or by any organization or person	11765
authorized, in writing, by such society, association, agency, or	11766
legislative authority to certify the appropriateness of the	11767
remodeling.	11768

(C) If the construction or remodeling meets the requirements	11769
for exemption, the housing officer shall forward the application	11770
to the county auditor with a certification as to the division of	11771
this section under which the exemption is granted, and the period	11772
and percentage of the exemption as determined by the legislative	11773
authority pursuant to that division. If the construction or	11774
remodeling is of commercial or industrial property and the	11775
legislative authority is not required to certify a copy of a	11776
resolution under section 3735.671 of the Revised Code, the housing	11777
officer shall comply with the notice requirements prescribed under	11778
section 5709.83 of the Revised Code, unless the board has adopted	11779
a resolution under that section waiving its right to receive such	11780
a notice.	11781

(D) Except as provided in division (F) of this section, the	11782
tax exemption shall first apply in the year the construction or	11783
remodeling would first be taxable but for this section. In the	11784
case of remodeling that qualifies for exemption, a percentage, not	11785
to exceed one hundred per cent, of the amount by which the	11786
remodeling increased the assessed value of the structure shall be	11787
exempted from real property taxation. In the case of construction	11788
of a structure that qualifies for exemption, a percentage, not to	11789
exceed one hundred per cent, of the assessed value of the	11790
structure shall be exempted from real property taxation. In either	11791
case, the percentage shall be the percentage set forth in the	11792
agreement if the structure or remodeling is to be used for	11793
commercial or industrial purposes, or the percentage set forth in	11794
the resolution describing the community reinvestment area if the	11795
structure or remodeling is to be used for residential purposes.	11796

The construction of new structures and the remodeling of	11797
existing structures are hereby declared to be a public purpose for	11798
which exemptions from real property taxation may be granted for	11799
the following periods:	11800

(1) For every dwelling containing not more than two family	11801
units located within the same community reinvestment area and upon	11802
which the cost of remodeling is at least two thousand five hundred	11803
dollars, a period to be determined by the legislative authority	11804
adopting the resolution describing the community reinvestment area	11805
where the dwelling is located, but not exceeding ten years unless	11806
extended pursuant to division (D)(3) of this section;	11807

(2) For every dwelling containing more than two units and	11808
commercial or industrial properties, located within the same	11809
community reinvestment area, upon which the cost of remodeling is	11810
at least five thousand dollars, a period to be determined by the	11811
legislative authority adopting the resolution, but not exceeding	11812
twelve years unless extended pursuant to division (D)(3) of this	11813
section;	11814

(3) The period of exemption for a dwelling described in	11815
division (D)(1) or (2) of this section may be extended by a	11816
legislative authority for up to an additional ten years if the	11817
dwelling is a structure of historical or architectural	11818
significance, is a certified historic structure that has been	11819
subject to federal tax treatment under 26 U.S.C. 47 and 170(h),	11820
and units within the structure have been leased to individual	11821
tenants for five consecutive years;	11822

(4) Except as provided in division (F) of this section, for	11823
construction of every dwelling, and commercial or industrial	11824
structure located within the same community reinvestment area, a	11825
period to be determined by the legislative authority adopting the	11826
resolution, but not exceeding fifteen years.	11827

(E) Any person, board, or officer authorized by section	11828
5715.19 of the Revised Code to file complaints or counterclaims to	11829
complaints with the county board of revision may file a complaint	11830
with the housing officer challenging the continued exemption of	11831
any property granted an exemption under this section. A complaint	11832
against exemption shall be filed prior to the thirty-first day of	11833
December of the tax year for which taxation of the property is	11834
requested. The housing officer shall determine whether the	11835
property continues to meet the requirements for exemption and	11836
shall certify the housing officer's findings to the complainant.	11837
If the housing officer determines that the property does not meet	11838
the requirements for exemption, the housing officer shall notify	11839
the county auditor, who shall correct the tax list and duplicate	11840
accordingly.	11841

(F) The owner of a dwelling constructed in a community	11842
reinvestment area may file an application for an exemption after	11843
the year the construction first became subject to taxation. The	11844
application shall be processed in accordance with the procedures	11845
prescribed under this section and shall be granted if the	11846
construction that is the subject of the application otherwise	11847
meets the requirements for an exemption under this section. If	11848
approved, the exemption sought in the application first applies in	11849
the year the application is filed. An exemption approved pursuant	11850
to this division continues only for those years remaining in the	11851
period described in division (D)(4) of this section. No exemption	11852
may be claimed for any year in that period that precedes the year	11853
in which the application is filed.	11854

Sec. 3737.02. (A) The fire marshal may collect fees to cover	11855
the costs of performing inspections and other duties that the fire	11856
marshal is authorized or required by law to perform. Except as	11857
provided in division (B) of this section, all fees collected by	11858
the fire marshal shall be deposited to the credit of the fire	11859
marshal's fund.	11860

(B)(1) All of the following shall be credited to the	11861
underground storage tank administration fund, which is hereby	11862
created in the state treasury:	11863

~~(1)~~(a) Fees collected under sections 3737.88 and 3737.881 of	11864
the Revised Code for operation of the underground storage tank and	11865
underground storage tank installer certification programs;	11866

~~(2)~~(b) Moneys recovered under section 3737.89 of the Revised	11867
Code for the state's costs of undertaking corrective or	11868
enforcement actions under that section or section 3737.882 of the	11869
Revised Code;	11870

~~(3)~~(c) Fines and penalties collected under section 3737.882	11871
of the Revised Code;	11872

~~(4) Amounts repaid for underground storage tank revolving~~	11873
~~loans under section 3737.883~~and other moneys, including	11874
corrective action enforcement case settlements or bankruptcy case	11875
awards or settlements, received by the fire marshal under sections	11876
3737.88 to 3737.89 of the Revised Code.	11877

~~(C)~~(2) All interest earned on moneys credited to the	11878
underground storage tank administration fund shall be credited to	11879
the fund. Moneys credited to the underground storage tank	11880
administration fund shall be used by the fire marshal for	11881
implementation and enforcement of underground storage tank,	11882
corrective action, and installer certification programs under	11883
sections 3737.88 to 3737.89 of the Revised Code. ~~Only moneys~~	11884
~~described in divisions (B)(3) and (4) of this section may be used~~	11885
~~by the fire marshal to make underground storage tank revolving~~	11886
~~loans under section 3737.883 of the Revised Code, and no other~~	11887
~~moneys may be used to make those loans.~~	11888

~~(D)~~(C) There is hereby created in the state treasury the	11889
underground storage tank revolving loan fund. The fund shall	11890
consist of amounts repaid for underground storage tank revolving	11891
loans under section 3737.883 of the Revised Code and moneys	11892
described in division (B)(1)(c) of this section that are allocated	11893
to the fund in accordance with division (D)(1) of this section.	11894
Moneys in the fund shall be used by the fire marshal to make	11895
underground storage tank revolving loans under section 3737.883 of	11896
the Revised Code.	11897

(D)(1) If the director of commerce determines that the cash	11898
balance in the underground storage tank administration fund is in	11899
excess of the amount needed for implementation and enforcement of	11900
the underground storage tank, corrective action, and installer	11901
certification programs under sections 3737.88 to 3737.89 of the	11902
Revised Code, the director may certify the excess amount to the	11903
director of budget and management. Upon certification, the	11904
director of budget and management may transfer from the	11905
underground storage tank administration fund to the underground	11906
storage tank revolving loan fund any amount up to, but not	11907
exceeding, the amount certified by the director of commerce,	11908
provided the amount transferred consists only of moneys described	11909
in division (B)(1)(c) of this section.	11910

(2) If the director of commerce determines that the cash	11911
balance in the underground storage tank administration fund is	11912
insufficient to implement and enforce the underground storage	11913
tank, corrective action, and installer certification programs	11914
under sections 3737.88 to 3737.89 of the Revised Code, the	11915
director may certify the amount needed to the director of budget	11916
and management. Upon certification, the director of budget and	11917
management may transfer from the underground storage tank	11918
revolving loan fund to the underground storage tank administration	11919
fund any amount up to, but not exceeding, the amount certified by	11920
the director of commerce.	11921

(E) The fire marshal shall take all actions necessary to	11922
obtain any federal funding available to carry out the fire	11923
marshal's responsibilities under sections 3737.88 to 3737.89 of	11924
the Revised Code and federal laws regarding the cleaning up of	11925
releases of petroleum, as "release" is defined in section 3737.87	11926
of the Revised Code, including, without limitation, any federal	11927
funds that are available to reimburse the state for the costs of	11928
undertaking corrective actions for such releases of petroleum. The	11929
state may, when appropriate, return to the United States any	11930
federal funds recovered under sections 3737.882 and 3737.89 of the	11931
Revised Code.	11932

Sec. 3745.71. (A) Except as otherwise provided in division	11933
(C) of this section, the owner or operator of a facility or	11934
property who conducts an environmental audit of one or more	11935
activities at the facility or property has a privilege with	11936
respect to both of the following:	11937

(1) The contents of an environmental audit report that is	11938
based on the audit;	11939

(2) The contents of communications between the owner or	11940
operator and employees or contractors of the owner or operator, or	11941
among employees or contractors of the owner or operator, that are	11942
necessary to the audit and are made in good faith as part of the	11943
audit after the employee or contractor is notified that the	11944
communication is part of the audit.	11945

(B) Except as otherwise provided in or ordered pursuant to	11946
this section, information that is privileged under this section is	11947
not admissible as evidence or subject to discovery in any civil or	11948
administrative proceeding and a person who possesses such	11949
information as a result of conducting or participating in an	11950
environmental audit shall not be compelled to testify in any civil	11951
or administrative proceeding concerning the privileged portions of	11952
the environmental audit.	11953

(C) The privilege provided in this section does not apply to	11954
criminal investigations or proceedings. Where an audit report is	11955
obtained, reviewed, or used in a criminal proceeding, the	11956
privilege provided in this section applicable to civil or	11957
administrative proceedings is not waived or eliminated.	11958
Furthermore, the privilege provided in this section does not apply	11959
to particular information under any of the following	11960
circumstances:	11961

(1) The privilege is not asserted with respect to that	11962
information by the owner or operator to whom the privilege	11963
belongs.	11964

(2) The owner or operator to whom the privilege belongs	11965
voluntarily testifies, or has provided written authorization to an	11966
employee, contractor, or agent to testify on behalf of the owner	11967
or operator, as to that information.	11968

(3) A court of record in a civil proceeding or the tribunal	11969
or presiding officer in an administrative proceeding finds,	11970
pursuant to this section, that the privilege does not apply to	11971
that information.	11972

(4) The information is required by law to be collected,	11973
developed, maintained, reported, disclosed publicly, or otherwise	11974
made available to a government agency.	11975

(5) The information is obtained from a source other than an	11976
environmental audit report, including, without limitation,	11977
observation, sampling, monitoring, a communication, a record, or a	11978
report that is not part of the audit on which the audit report is	11979
based.	11980

(6) The information is collected, developed, made, or	11981
maintained in bad faith or for a fraudulent purpose.	11982

(7) The owner or operator to whom the privilege belongs	11983
waives the privilege, in whole or in part, explicitly or by	11984
engaging in conduct that manifests a clear intent that the	11985
information not be privileged. If an owner or operator introduces	11986
part of an environmental audit report into evidence in a civil or	11987
administrative proceeding to prove that the owner or operator did	11988
not violate, or is no longer violating, any environmental laws,	11989
the privilege provided by this section is waived with respect to	11990
all information in the audit report that is relevant to that	11991
issue.	11992

(8)(a) The information shows evidence of noncompliance with	11993
environmental laws and the owner or operator fails to do any of	11994
the following:	11995

(i) Promptly initiate reasonable efforts to achieve	11996
compliance upon discovery of the noncompliance through an	11997
environmental audit;	11998

(ii) Pursue compliance with reasonable diligence;

11999

(iii) Achieve compliance within a reasonable time.

12000

(b) "Reasonable diligence" includes, without limitation,	12001
compliance with section 3745.72 of the Revised Code.	12002

(9) The information contains evidence that a government	12003
agency federally authorized, approved, or delegated to enforce	12004
environmental laws has reasonable cause to believe is necessary to	12005
prevent imminent and substantial endangerment or harm to human	12006
health or the environment.	12007

(10) Any circumstance in which both of the following apply:

12008

(a) The information contains evidence regarding an alleged	12009
violation of environmental laws and a government agency charged	12010
with enforcing any of those laws has a substantial need for the	12011
information to protect public health or safety or to prevent	12012
substantial harm to property or the environment.	12013

(b) The government agency is unable to obtain the substantial	12014
equivalent of the information by other means without unreasonable	12015
delay or expense.	12016

(11) The information consists of personal knowledge of an	12017
individual who did not obtain that information as part of an	12018
environmental audit.	12019

(12) The information is not clearly identified as part of an	12020
environmental audit report. For purposes of this section, clear	12021
identification of information as part of an environmental audit	12022
report includes, without limitation, either of the following:	12023

(a) The information is contained in a document and the front	12024
cover, the first page, or a comparable part of the document is	12025
prominently labeled with "environmental audit report: privileged	12026
information" or substantially comparable language.	12027

(b) The information is contained in an electronic record and	12028
the record is programmed to display or print prominently	12029
"environmental audit report: privileged information" or	12030
substantially comparable language before the privileged	12031
information is displayed or printed.	12032

(13) The information existed prior to the initiation of the	12033
environmental audit under division (A) of section 3745.70 of the	12034
Revised Code.	12035

(D) If the privilege provided in this section belongs to an	12036
owner or operator who is not an individual, the privilege may be	12037
asserted or waived, in whole or in part, on behalf of the owner or	12038
operator only by an officer, manager, partner, or other comparable	12039
person who has a fiduciary relationship with the owner or operator	12040
and is authorized generally to act on behalf of the owner or	12041
operator or is a person who is authorized specifically to assert	12042
or waive the privilege.	12043

(E) A person asserting the privilege provided in this section	12044
has the burden of proving the applicability of the privilege by a	12045
preponderance of the evidence. If a person seeking disclosure of	12046
information with respect to which a privilege is asserted under	12047
this section shows evidence of noncompliance with environmental	12048
laws pursuant to division (C)(8) of this section, the person	12049
asserting the privilege also has the burden of proving by a	12050
preponderance of the evidence that reasonable efforts to achieve	12051
compliance with those laws were initiated promptly and that	12052
compliance was pursued with reasonable diligence and achieved	12053
within a reasonable time.	12054

(F) When determining whether the privilege provided by this	12055
section applies to particular information, a court of record that	12056
is not acting pursuant to division (G) of this section, or the	12057
tribunal or presiding officer in an administrative proceeding,	12058
shall conduct an in camera review of the information in a manner	12059
consistent with applicable rules of procedure.	12060

(G)(1) The prosecuting attorney of a county or the attorney	12061
general, having probable cause to believe, based on information	12062
obtained from a source other than an environmental audit report,	12063
that a violation has been committed under environmental laws for	12064
which a civil or administrative action may be initiated, may	12065
obtain information with respect to which a privilege is asserted	12066
under this section pursuant to a search warrant, subpoena, or	12067
discovery under the Rules of Civil Procedure. The prosecuting	12068
attorney or the attorney general immediately shall place the	12069
information under seal and shall not review or disclose its	12070
contents.	12071

(2) Not later than sixty days after receiving an	12072
environmental audit report under division (G)(1) of this section,	12073
the prosecuting attorney or the attorney general may file with the	12074
court of common pleas of a county in which there is proper venue	12075
to bring a civil or administrative action pertaining to the	12076
alleged violation a petition requesting an in camera hearing to	12077
determine if the information described in division (G)(1) of this	12078
section is subject to disclosure under this section. Failure to	12079
file such a petition shall cause the information to be released to	12080
the owner or operator to whom it belongs.	12081

(3) Upon the filing of a petition under division (G)(2) of	12082
this section, the court shall issue an order scheduling an in	12083
camera hearing, not later than forty-five days after the filing of	12084
the petition, to determine if any or all of the information	12085
described in division (G)(1) of this section is subject to	12086
disclosure under this section. The order shall allow the	12087
prosecuting attorney or the attorney general to remove the seal	12088
from the report in order to review it and shall place appropriate	12089
limitations on distribution and review of the report to protect	12090
against unnecessary disclosure.	12091

(4) The prosecuting attorney or the attorney general may	12092
consult with government agencies regarding the contents of the	12093
report to prepare for the in camera hearing. Information described	12094
in division (G)(1) of this section that is used by the prosecuting	12095
attorney or the attorney general to prepare for the in camera	12096
hearing shall not be used by the prosecuting attorney, the	12097
attorney general, an employee or agent of either of them, or an	12098
agency described in division (G)(4) of this section in any	12099
investigation or proceeding against the respondent, and otherwise	12100
shall be kept confidential, unless the information is subject to	12101
disclosure under this section.	12102

(5) The parties may stipulate that information contained in	12103
an environmental audit report is or is not subject to disclosure	12104
under this section.	12105

(6) If the court determines that information described in	12106
division (G)(1) of this section is subject to disclosure under	12107
this section, the court shall compel disclosure under this section	12108
of only the information that is relevant to the proceeding	12109
described in division (G)(1) of this section.	12110

(H) Nothing in this section affects the nature, scope, or	12111
application of any privilege of confidentiality or nondisclosure	12112
recognized under another section of the Revised Code or the common	12113
law of this state, including, without limitation, the work product	12114
doctrine and attorney-client privilege.	12115

(I) The privilege provided by this section applies only to	12116
information and communications that are part of environmental	12117
audits initiated after March 13, 1997, ~~and completed before~~	12118
~~January 1, 2014,~~ in accordance with the time frames specified in	12119
division (A) of section 3745.70 of the Revised Code.	12120

Sec. 3772.02. (A) There is hereby created the Ohio casino	12121
control commission described in Section 6(C)(1) of Article XV,	12122
Ohio Constitution.	12123

(B) The commission shall consist of seven members appointed	12124
within one month of ~~the effective date of this section~~September	12125
10, 2010, by the governor with the advice and consent of the	12126
senate. The governor shall forward all appointments to the senate	12127
within twenty-four hours.	12128

(1) Each commission member is eligible for reappointment at	12129
the discretion of the governor. No commission member shall be	12130
appointed for more than three terms in total.	12131

(2) Each commission member shall be a resident of Ohio.

12132

(3) At least one commission member shall be experienced in	12133
law enforcement and criminal investigation.	12134

(4) At least one commission member shall be a certified	12135
public accountant experienced in accounting and auditing.	12136

(5) At least one commission member shall be an attorney	12137
admitted to the practice of law in Ohio.	12138

(6) At least one commission member shall be a resident of a	12139
county where one of the casino facilities is located.	12140

(7) Not more than four commission members shall be of the	12141
same political party.	12142

(8) No commission member shall have any affiliation with an	12143
Ohio casino operator or facility.	12144

(C) Commission members shall serve four-year terms, except	12145
that when the governor makes initial appointments to the	12146
commission under this chapter, the governor shall appoint three	12147
members to serve four-year terms with not more than two such	12148
members from the same political party, two members to serve	12149
three-year terms with such members not being from the same	12150
political party, and two members to serve two-year terms with such	12151
members not being from the same political party.	12152

(D) Each commission member shall hold office from the date of	12153
appointment until the end of the term for which the member was	12154
appointed. Any member appointed to fill a vacancy occurring before	12155
the expiration of the term for which the member's predecessor was	12156
appointed shall hold office for the remainder of the unexpired	12157
term. Any member shall continue in office after the expiration	12158
date of the member's term until the member's successor takes	12159
office, or until a period of sixty days has elapsed, whichever	12160
occurs first. A vacancy in the commission membership shall be	12161
filled in the same manner as the original appointment.	12162

(E) The governor shall select one member to serve as	12163
chairperson and the commission members shall select one member	12164
from a different party than the chairperson to serve as	12165
vice-chairperson. The governor may remove and replace the	12166
chairperson at any time. No such member shall serve as chairperson	12167
for more than six successive years. The vice-chairperson shall	12168
assume the duties of the chairperson in the absence of the	12169
chairperson. The chairperson and vice-chairperson shall perform	12170
but shall not be limited to additional duties as are prescribed by	12171
commission rule.	12172

(F) A commission member is not required to devote the	12173
member's full time to membership on the commission. Each member of	12174
the commission shall receive compensation of ~~sixty~~thirty thousand	12175
dollars per year, payable in monthly installments ~~for the first~~	12176
~~four years of the commission's existence~~. Each member shall	12177
receive the member's actual and necessary expenses incurred in the	12178
discharge of the member's official duties.	12179

(G) The governor shall not appoint an individual to the	12180
commission, and an individual shall not serve on the commission,	12181
if the individual has been convicted of or pleaded guilty or no	12182
contest to a disqualifying offense as defined in section 3772.07	12183
of the Revised Code. Members coming under indictment or bill of	12184
information of a disqualifying offense shall resign from the	12185
commission immediately upon indictment.	12186

(H) At least five commission members shall be present for the	12187
commission to meet. The concurrence of four members is necessary	12188
for the commission to take any action. All members shall vote on	12189
the adoption of rules, and the approval of, and the suspension or	12190
revocation of, the licenses of casino operators or management	12191
companies, unless a member has a written leave of absence filed	12192
with and approved by the chairperson.	12193

(I) A commission member may be removed or suspended from	12194
office in accordance with section 3.04 of the Revised Code.	12195

(J) Each commission member, before entering upon the	12196
discharge of the member's official duties, shall make an oath to	12197
uphold the Ohio Constitution and laws of the state of Ohio and	12198
shall give a bond, payable by the commission, to the treasurer of	12199
state, in the sum of ten thousand dollars with sufficient sureties	12200
to be approved by the treasurer of state, which bond shall be	12201
filed with the secretary of state.	12202

(K) The commission shall hold one regular meeting each month	12203
and shall convene other meetings at the request of the chairperson	12204
or a majority of the members. A member who fails to attend at	12205
least three-fifths of the regular and special meetings of the	12206
commission during any two-year period forfeits membership on the	12207
commission. All meetings of the commission shall be open meetings	12208
under section 121.22 of the Revised Code except as otherwise	12209
allowed by law.	12210

Sec. 4121.443. Each contract the administrator of workers'	12211
compensation enters into with a managed care organization under	12212
division (B)(4) of section 4121.44 of the Revised Code shall	12213
require the managed care organization to enter into a data	12214
security agreement with the state board of pharmacy governing the	12215
managed care organization's use of the board's drug database	12216
established and maintained under section 4729.75 of the Revised	12217
Code.	12218

This section does not apply if the board no longer maintains	12219
the drug database.	12220

Sec. 4141.01. As used in this chapter, unless the context	12221
otherwise requires:	12222

(A)(1) "Employer" means the state, its instrumentalities, its	12223
political subdivisions and their instrumentalities, Indian tribes,	12224
and any individual or type of organization including any	12225
partnership, limited liability company, association, trust,	12226
estate, joint-stock company, insurance company, or corporation,	12227
whether domestic or foreign, or the receiver, trustee in	12228
bankruptcy, trustee, or the successor thereof, or the legal	12229
representative of a deceased person who subsequent to December 31,	12230
1971, or in the case of political subdivisions or their	12231
instrumentalities, subsequent to December 31, 1973:	12232

(a) Had in employment at least one individual, or in the case	12233
of a nonprofit organization, subsequent to December 31, 1973, had	12234
not less than four individuals in employment for some portion of a	12235
day in each of twenty different calendar weeks, in either the	12236
current or the preceding calendar year whether or not the same	12237
individual was in employment in each such day; or	12238

(b) Except for a nonprofit organization, had paid for service	12239
in employment wages of fifteen hundred dollars or more in any	12240
calendar quarter in either the current or preceding calendar year;	12241
or	12242

(c) Had paid, subsequent to December 31, 1977, for employment	12243
in domestic service in a local college club, or local chapter of a	12244
college fraternity or sorority, cash remuneration of one thousand	12245
dollars or more in any calendar quarter in the current calendar	12246
year or the preceding calendar year, or had paid subsequent to	12247
December 31, 1977, for employment in domestic service in a private	12248
home cash remuneration of one thousand dollars in any calendar	12249
quarter in the current calendar year or the preceding calendar	12250
year:	12251

(i) For the purposes of divisions (A)(1)(a) and (b) of this	12252
section, there shall not be taken into account any wages paid to,	12253
or employment of, an individual performing domestic service as	12254
described in this division.	12255

(ii) An employer under this division shall not be an employer	12256
with respect to wages paid for any services other than domestic	12257
service unless the employer is also found to be an employer under	12258
division (A)(1)(a), (b), or (d) of this section.	12259

(d) As a farm operator or a crew leader subsequent to	12260
December 31, 1977, had in employment individuals in agricultural	12261
labor; and	12262

(i) During any calendar quarter in the current calendar year	12263
or the preceding calendar year, paid cash remuneration of twenty	12264
thousand dollars or more for the agricultural labor; or	12265

(ii) Had at least ten individuals in employment in	12266
agricultural labor, not including agricultural workers who are	12267
aliens admitted to the United States to perform agricultural labor	12268
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	12269
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	12270
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	12271
of the twenty different calendar weeks, in either the current or	12272
preceding calendar year whether or not the same individual was in	12273
employment in each day; or	12274

(e) Is not otherwise an employer as defined under division	12275
(A)(1)(a) or (b) of this section; and	12276

(i) For which, within either the current or preceding	12277
calendar year, service, except for domestic service in a private	12278
home not covered under division (A)(1)(c) of this section, is or	12279
was performed with respect to which such employer is liable for	12280
any federal tax against which credit may be taken for	12281
contributions required to be paid into a state unemployment fund;	12282

(ii) Which, as a condition for approval of this chapter for	12283
full tax credit against the tax imposed by the "Federal	12284
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	12285
required, pursuant to such act to be an employer under this	12286
chapter; or	12287

(iii) Who became an employer by election under division	12288
(A)(4) or (5) of this section and for the duration of such	12289
election; or	12290

(f) In the case of the state, its instrumentalities, its	12291
political subdivisions, and their instrumentalities, and Indian	12292
tribes, had in employment, as defined in divisions (B)(2)(a) and	12293
(B)(2)(l) of this section, at least one individual;	12294

(g) For the purposes of division (A)(1)(a) of this section,	12295
if any week includes both the thirty-first day of December and the	12296
first day of January, the days of that week before the first day	12297
of January shall be considered one calendar week and the days	12298
beginning the first day of January another week.	12299

(2) Each individual employed to perform or to assist in	12300
performing the work of any agent or employee of an employer is	12301
employed by such employer for all the purposes of this chapter,	12302
whether such individual was hired or paid directly by such	12303
employer or by such agent or employee, provided the employer had	12304
actual or constructive knowledge of the work. All individuals	12305
performing services for an employer of any person in this state	12306
who maintains two or more establishments within this state are	12307
employed by a single employer for the purposes of this chapter.	12308

(3) An employer subject to this chapter within any calendar	12309
year is subject to this chapter during the whole of such year and	12310
during the next succeeding calendar year.	12311

(4) An employer not otherwise subject to this chapter who	12312
files with the director of job and family services a written	12313
election to become an employer subject to this chapter for not	12314
less than two calendar years shall, with the written approval of	12315
such election by the director, become an employer subject to this	12316
chapter to the same extent as all other employers as of the date	12317
stated in such approval, and shall cease to be subject to this	12318
chapter as of the first day of January of any calendar year	12319
subsequent to such two calendar years only if at least thirty days	12320
prior to such first day of January the employer has filed with the	12321
director a written notice to that effect.	12322

(5) Any employer for whom services that do not constitute	12323
employment are performed may file with the director a written	12324
election that all such services performed by individuals in the	12325
employer's employ in one or more distinct establishments or places	12326
of business shall be deemed to constitute employment for all the	12327
purposes of this chapter, for not less than two calendar years.	12328
Upon written approval of the election by the director, such	12329
services shall be deemed to constitute employment subject to this	12330
chapter from and after the date stated in such approval. Such	12331
services shall cease to be employment subject to this chapter as	12332
of the first day of January of any calendar year subsequent to	12333
such two calendar years only if at least thirty days prior to such	12334
first day of January such employer has filed with the director a	12335
written notice to that effect.	12336

(B)(1) "Employment" means service performed by an individual	12337
for remuneration under any contract of hire, written or oral,	12338
express or implied, including service performed in interstate	12339
commerce and service performed by an officer of a corporation,	12340
without regard to whether such service is executive, managerial,	12341
or manual in nature, and without regard to whether such officer is	12342
a stockholder or a member of the board of directors of the	12343
corporation, unless it is shown to the satisfaction of the	12344
director that such individual has been and will continue to be	12345
free from direction or control over the performance of such	12346
service, both under a contract of service and in fact. The	12347
director shall adopt rules to define "direction or control."	12348

(2) "Employment" includes:

12349

(a) Service performed after December 31, 1977, by an	12350
individual in the employ of the state or any of its	12351
instrumentalities, or any political subdivision thereof or any of	12352
its instrumentalities or any instrumentality of more than one of	12353
the foregoing or any instrumentality of any of the foregoing and	12354
one or more other states or political subdivisions and without	12355
regard to divisions (A)(1)(a) and (b) of this section, provided	12356
that such service is excluded from employment as defined in the	12357
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	12358
3306(c)(7) and is not excluded under division (B)(3) of this	12359
section; or the services of employees covered by voluntary	12360
election, as provided under divisions (A)(4) and (5) of this	12361
section;	12362

(b) Service performed after December 31, 1971, by an	12363
individual in the employ of a religious, charitable, educational,	12364
or other organization which is excluded from the term "employment"	12365
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	12366
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	12367
3306(c)(8) of that act and is not excluded under division (B)(3)	12368
of this section;	12369

(c) Domestic service performed after December 31, 1977, for	12370
an employer, as provided in division (A)(1)(c) of this section;	12371

(d) Agricultural labor performed after December 31, 1977, for	12372
a farm operator or a crew leader, as provided in division	12373
(A)(1)(d) of this section;	12374

(e) Service not covered under division (B)(1) of this section	12375
which is performed after December 31, 1971:	12376

(i) As an agent-driver or commission-driver engaged in	12377
distributing meat products, vegetable products, fruit products,	12378
bakery products, beverages other than milk, laundry, or	12379
dry-cleaning services, for the individual's employer or principal;	12380

(ii) As a traveling or city salesperson, other than as an	12381
agent-driver or commission-driver, engaged on a full-time basis in	12382
the solicitation on behalf of and in the transmission to the	12383
salesperson's employer or principal except for sideline sales	12384
activities on behalf of some other person of orders from	12385
wholesalers, retailers, contractors, or operators of hotels,	12386
restaurants, or other similar establishments for merchandise for	12387
resale, or supplies for use in their business operations, provided	12388
that for the purposes of division (B)(2)(e)(ii) of this section,	12389
the services shall be deemed employment if the contract of service	12390
contemplates that substantially all of the services are to be	12391
performed personally by the individual and that the individual	12392
does not have a substantial investment in facilities used in	12393
connection with the performance of the services other than in	12394
facilities for transportation, and the services are not in the	12395
nature of a single transaction that is not a part of a continuing	12396
relationship with the person for whom the services are performed.	12397

(f) An individual's entire service performed within or both	12398
within and without the state if:	12399

(i) The service is localized in this state.

12400

(ii) The service is not localized in any state, but some of	12401
the service is performed in this state and either the base of	12402
operations, or if there is no base of operations then the place	12403
from which such service is directed or controlled, is in this	12404
state or the base of operations or place from which such service	12405
is directed or controlled is not in any state in which some part	12406
of the service is performed but the individual's residence is in	12407
this state.	12408

(g) Service not covered under division (B)(2)(f)(ii) of this	12409
section and performed entirely without this state, with respect to	12410
no part of which contributions are required and paid under an	12411
unemployment compensation law of any other state, the Virgin	12412
Islands, Canada, or of the United States, if the individual	12413
performing such service is a resident of this state and the	12414
director approves the election of the employer for whom such	12415
services are performed; or, if the individual is not a resident of	12416
this state but the place from which the service is directed or	12417
controlled is in this state, the entire services of such	12418
individual shall be deemed to be employment subject to this	12419
chapter, provided service is deemed to be localized within this	12420
state if the service is performed entirely within this state or if	12421
the service is performed both within and without this state but	12422
the service performed without this state is incidental to the	12423
individual's service within the state, for example, is temporary	12424
or transitory in nature or consists of isolated transactions;	12425

(h) Service of an individual who is a citizen of the United	12426
States, performed outside the United States except in Canada after	12427
December 31, 1971, or the Virgin Islands, after December 31, 1971,	12428
and before the first day of January of the year following that in	12429
which the United States secretary of labor approves the Virgin	12430
Islands law for the first time, in the employ of an American	12431
employer, other than service which is "employment" under divisions	12432
(B)(2)(f) and (g) of this section or similar provisions of another	12433
state's law, if:	12434

(i) The employer's principal place of business in the United	12435
States is located in this state;	12436

(ii) The employer has no place of business in the United	12437
States, but the employer is an individual who is a resident of	12438
this state; or the employer is a corporation which is organized	12439
under the laws of this state, or the employer is a partnership or	12440
a trust and the number of partners or trustees who are residents	12441
of this state is greater than the number who are residents of any	12442
other state; or	12443

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	12444
of this section is met but the employer has elected coverage in	12445
this state or the employer having failed to elect coverage in any	12446
state, the individual has filed a claim for benefits, based on	12447
such service, under this chapter.	12448

(i) For the purposes of division (B)(2)(h) of this section,	12449
the term "American employer" means an employer who is an	12450
individual who is a resident of the United States; or a	12451
partnership, if two-thirds or more of the partners are residents	12452
of the United States; or a trust, if all of the trustees are	12453
residents of the United States; or a corporation organized under	12454
the laws of the United States or of any state, provided the term	12455
"United States" includes the states, the District of Columbia, the	12456
Commonwealth of Puerto Rico, and the Virgin Islands.	12457

(j) Notwithstanding any other provisions of divisions (B)(1)	12458
and (2) of this section, service, except for domestic service in a	12459
private home not covered under division (A)(1)(c) of this section,	12460
with respect to which a tax is required to be paid under any	12461
federal law imposing a tax against which credit may be taken for	12462
contributions required to be paid into a state unemployment fund,	12463
or service, except for domestic service in a private home not	12464
covered under division (A)(1)(c) of this section, which, as a	12465
condition for full tax credit against the tax imposed by the	12466
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	12467
3311, is required to be covered under this chapter.	12468

(k) Construction services performed by any individual under a	12469
construction contract, as defined in section 4141.39 of the	12470
Revised Code, if the director determines that the employer for	12471
whom services are performed has the right to direct or control the	12472
performance of the services and that the individuals who perform	12473
the services receive remuneration for the services performed. The	12474
director shall presume that the employer for whom services are	12475
performed has the right to direct or control the performance of	12476
the services if ten or more of the following criteria apply:	12477

(i) The employer directs or controls the manner or method by	12478
which instructions are given to the individual performing	12479
services;	12480

(ii) The employer requires particular training for the	12481
individual performing services;	12482

(iii) Services performed by the individual are integrated	12483
into the regular functioning of the employer;	12484

(iv) The employer requires that services be provided by a	12485
particular individual;	12486

(v) The employer hires, supervises, or pays the wages of the	12487
individual performing services;	12488

(vi) A continuing relationship between the employer and the	12489
individual performing services exists which contemplates	12490
continuing or recurring work, even if not full-time work;	12491

(vii) The employer requires the individual to perform	12492
services during established hours;	12493

(viii) The employer requires that the individual performing	12494
services be devoted on a full-time basis to the business of the	12495
employer;	12496

(ix) The employer requires the individual to perform services	12497
on the employer's premises;	12498

(x) The employer requires the individual performing services	12499
to follow the order of work established by the employer;	12500

(xi) The employer requires the individual performing services	12501
to make oral or written reports of progress;	12502

(xii) The employer makes payment to the individual for	12503
services on a regular basis, such as hourly, weekly, or monthly;	12504

(xiii) The employer pays expenses for the individual	12505
performing services;	12506

(xiv) The employer furnishes the tools and materials for use	12507
by the individual to perform services;	12508

(xv) The individual performing services has not invested in	12509
the facilities used to perform services;	12510

(xvi) The individual performing services does not realize a	12511
profit or suffer a loss as a result of the performance of the	12512
services;	12513

(xvii) The individual performing services is not performing	12514
services for more than two employers simultaneously;	12515

(xviii) The individual performing services does not make the	12516
services available to the general public;	12517

(xix) The employer has a right to discharge the individual	12518
performing services;	12519

(xx) The individual performing services has the right to end	12520
the individual's relationship with the employer without incurring	12521
liability pursuant to an employment contract or agreement.	12522

(l) Service performed by an individual in the employ of an	12523
Indian tribe as defined by section 4(e) of the "Indian	12524
Self-Determination and Education Assistance Act," 88 Stat. 2204	12525
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	12526
subsidiary, or business enterprise wholly owned by an Indian tribe	12527
provided that the service is excluded from employment as defined	12528
in the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26	12529
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	12530
(B)(3) of this section.	12531

(3) "Employment" does not include the following services if	12532
they are found not subject to the "Federal Unemployment Tax Act,"	12533
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	12534
are not required to be included under division (B)(2)(j) of this	12535
section:	12536

(a) Service performed after December 31, 1977, in	12537
agricultural labor, except as provided in division (A)(1)(d) of	12538
this section;	12539

(b) Domestic service performed after December 31, 1977, in a	12540
private home, local college club, or local chapter of a college	12541
fraternity or sorority except as provided in division (A)(1)(c) of	12542
this section;	12543

(c) Service performed after December 31, 1977, for this state	12544
or a political subdivision as described in division (B)(2)(a) of	12545
this section when performed:	12546

(i) As a publicly elected official;

12547

(ii) As a member of a legislative body, or a member of the	12548
judiciary;	12549

(iii) As a military member of the Ohio national guard;

12550

(iv) As an employee, not in the classified service as defined	12551
in section 124.11 of the Revised Code, serving on a temporary	12552
basis in case of fire, storm, snow, earthquake, flood, or similar	12553
emergency;	12554

(v) In a position which, under or pursuant to law, is	12555
designated as a major nontenured policymaking or advisory	12556
position, not in the classified service of the state, or a	12557
policymaking or advisory position the performance of the duties of	12558
which ordinarily does not require more than eight hours per week.	12559

(d) In the employ of any governmental unit or instrumentality	12560
of the United States;	12561

(e) Service performed after December 31, 1971:

12562

(i) Service in the employ of an educational institution or	12563
institution of higher education, including those operated by the	12564
state or a political subdivision, if such service is performed by	12565
a student who is enrolled and is regularly attending classes at	12566
the educational institution or institution of higher education; or	12567

(ii) By an individual who is enrolled at a nonprofit or	12568
public educational institution which normally maintains a regular	12569
faculty and curriculum and normally has a regularly organized body	12570
of students in attendance at the place where its educational	12571
activities are carried on as a student in a full-time program,	12572
taken for credit at the institution, which combines academic	12573
instruction with work experience, if the service is an integral	12574
part of the program, and the institution has so certified to the	12575
employer, provided that this subdivision shall not apply to	12576
service performed in a program established for or on behalf of an	12577
employer or group of employers.	12578

(f) Service performed by an individual in the employ of the	12579
individual's son, daughter, or spouse and service performed by a	12580
child under the age of eighteen in the employ of the child's	12581
father or mother;	12582

(g) Service performed for one or more principals by an	12583
individual who is compensated on a commission basis, who in the	12584
performance of the work is master of the individual's own time and	12585
efforts, and whose remuneration is wholly dependent on the amount	12586
of effort the individual chooses to expend, and which service is	12587
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	12588
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	12589
31, 1971:	12590

(i) By an individual for an employer as an insurance agent or	12591
as an insurance solicitor, if all this service is performed for	12592
remuneration solely by way of commission;	12593

(ii) As a home worker performing work, according to	12594
specifications furnished by the employer for whom the services are	12595
performed, on materials or goods furnished by such employer which	12596
are required to be returned to the employer or to a person	12597
designated for that purpose.	12598

(h) Service performed after December 31, 1971:

12599

(i) In the employ of a church or convention or association of	12600
churches, or in an organization which is operated primarily for	12601
religious purposes and which is operated, supervised, controlled,	12602
or principally supported by a church or convention or association	12603
of churches;	12604

(ii) By a duly ordained, commissioned, or licensed minister	12605
of a church in the exercise of the individual's ministry or by a	12606
member of a religious order in the exercise of duties required by	12607
such order; or	12608

(iii) In a facility conducted for the purpose of carrying out	12609
a program of rehabilitation for individuals whose earning capacity	12610
is impaired by age or physical or mental deficiency or injury, or	12611
providing remunerative work for individuals who because of their	12612
impaired physical or mental capacity cannot be readily absorbed in	12613
the competitive labor market, by an individual receiving such	12614
rehabilitation or remunerative work.	12615

(i) Service performed after June 30, 1939, with respect to	12616
which unemployment compensation is payable under the "Railroad	12617
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	12618

(j) Service performed by an individual in the employ of any	12619
organization exempt from income tax under section 501 of the	12620
"Internal Revenue Code of 1954," if the remuneration for such	12621
service does not exceed fifty dollars in any calendar quarter, or	12622
if such service is in connection with the collection of dues or	12623
premiums for a fraternal beneficial society, order, or association	12624
and is performed away from the home office or is ritualistic	12625
service in connection with any such society, order, or	12626
association;	12627

(k) Casual labor not in the course of an employer's trade or	12628
business; incidental service performed by an officer, appraiser,	12629
or member of a finance committee of a bank, building and loan	12630
association, savings and loan association, or savings association	12631
when the remuneration for such incidental service exclusive of the	12632
amount paid or allotted for directors' fees does not exceed sixty	12633
dollars per calendar quarter is casual labor;	12634

(l) Service performed in the employ of a voluntary employees'	12635
beneficial association providing for the payment of life,	12636
sickness, accident, or other benefits to the members of such	12637
association or their dependents or their designated beneficiaries,	12638
if admission to a membership in such association is limited to	12639
individuals who are officers or employees of a municipal or public	12640
corporation, of a political subdivision of the state, or of the	12641
United States and no part of the net earnings of such association	12642
inures, other than through such payments, to the benefit of any	12643
private shareholder or individual;	12644

(m) Service performed by an individual in the employ of a	12645
foreign government, including service as a consular or other	12646
officer or employee or of a nondiplomatic representative;	12647

(n) Service performed in the employ of an instrumentality	12648
wholly owned by a foreign government if the service is of a	12649
character similar to that performed in foreign countries by	12650
employees of the United States or of an instrumentality thereof	12651
and if the director finds that the secretary of state of the	12652
United States has certified to the secretary of the treasury of	12653
the United States that the foreign government, with respect to	12654
whose instrumentality exemption is claimed, grants an equivalent	12655
exemption with respect to similar service performed in the foreign	12656
country by employees of the United States and of instrumentalities	12657
thereof;	12658

(o) Service with respect to which unemployment compensation	12659
is payable under an unemployment compensation system established	12660
by an act of congress;	12661

(p) Service performed as a student nurse in the employ of a	12662
hospital or a nurses' training school by an individual who is	12663
enrolled and is regularly attending classes in a nurses' training	12664
school chartered or approved pursuant to state law, and service	12665
performed as an intern in the employ of a hospital by an	12666
individual who has completed a four years' course in a medical	12667
school chartered or approved pursuant to state law;	12668

(q) Service performed by an individual under the age of	12669
eighteen in the delivery or distribution of newspapers or shopping	12670
news, not including delivery or distribution to any point for	12671
subsequent delivery or distribution;	12672

(r) Service performed in the employ of the United States or	12673
an instrumentality of the United States immune under the	12674
Constitution of the United States from the contributions imposed	12675
by this chapter, except that to the extent that congress permits	12676
states to require any instrumentalities of the United States to	12677
make payments into an unemployment fund under a state unemployment	12678
compensation act, this chapter shall be applicable to such	12679
instrumentalities and to services performed for such	12680
instrumentalities in the same manner, to the same extent, and on	12681
the same terms as to all other employers, individuals, and	12682
services, provided that if this state is not certified for any	12683
year by the proper agency of the United States under section 3304	12684
of the "Internal Revenue Code of 1954," the payments required of	12685
such instrumentalities with respect to such year shall be refunded	12686
by the director from the fund in the same manner and within the	12687
same period as is provided in division (E) of section 4141.09 of	12688
the Revised Code with respect to contributions erroneously	12689
collected;	12690

(s) Service performed by an individual as a member of a band	12691
or orchestra, provided such service does not represent the	12692
principal occupation of such individual, and which service is not	12693
subject to or required to be covered for full tax credit against	12694
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	12695
183 (1939), 26 U.S.C.A. 3301 to 3311.	12696

(t) Service performed in the employ of a day camp whose	12697
camping season does not exceed twelve weeks in any calendar year,	12698
and which service is not subject to the "Federal Unemployment Tax	12699
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	12700
performed after December 31, 1971:	12701

(i) In the employ of a hospital, if the service is performed	12702
by a patient of the hospital, as defined in division (W) of this	12703
section;	12704

(ii) For a prison or other correctional institution by an	12705
inmate of the prison or correctional institution;	12706

(iii) Service performed after December 31, 1977, by an inmate	12707
of a custodial institution operated by the state, a political	12708
subdivision, or a nonprofit organization.	12709

(u) Service that is performed by a nonresident alien	12710
individual for the period the individual temporarily is present in	12711
the United States as a nonimmigrant under division (F), (J), (M),	12712
or (Q) of section 101(a)(15) of the "Immigration and Nationality	12713
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	12714
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	12715
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	12716

(v) Notwithstanding any other provisions of division (B)(3)	12717
of this section, services that are excluded under divisions	12718
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	12719
from employment when performed for a nonprofit organization, as	12720
defined in division (X) of this section, or for this state or its	12721
instrumentalities, or for a political subdivision or its	12722
instrumentalities or for Indian tribes;	12723

(w) Service that is performed by an individual working as an	12724
election official or election worker if the amount of remuneration	12725
received by the individual during the calendar year for services	12726
as an election official or election worker is less than one	12727
thousand dollars;	12728

(x) Service performed for an elementary or secondary school	12729
that is operated primarily for religious purposes, that is	12730
described in subsection 501(c)(3) and exempt from federal income	12731
taxation under subsection 501(a) of the Internal Revenue Code, 26	12732
U.S.C.A. 501;	12733

(y) Service performed by a person committed to a penal	12734
institution.	12735

(z) Service performed for an Indian tribe as described in	12736
division (B)(2)(l) of this section when performed in any of the	12737
following manners:	12738

(i) As a publicly elected official;

12739

(ii) As a member of an Indian tribal council;

12740

(iii) As a member of a legislative or judiciary body;

12741

(iv) In a position which, pursuant to Indian tribal law, is	12742
designated as a major nontenured policymaking or advisory	12743
position, or a policymaking or advisory position where the	12744
performance of the duties ordinarily does not require more than	12745
eight hours of time per week;	12746

(v) As an employee serving on a temporary basis in the case	12747
of a fire, storm, snow, earthquake, flood, or similar emergency.	12748

(aa) Service performed after December 31, 1971, for a	12749
nonprofit organization, this state or its instrumentalities, a	12750
political subdivision or its instrumentalities, or an Indian tribe	12751
as part of an unemployment work-relief or work-training program	12752
assisted or financed in whole or in part by any federal agency or	12753
an agency of a state or political subdivision, thereof, by an	12754
individual receiving the work-relief or work-training.	12755

(bb) Participation in a learn to earn program as defined in	12756
section 4141.293 of the Revised Code.	12757

(4) If the services performed during one half or more of any	12758
pay period by an employee for the person employing that employee	12759
constitute employment, all the services of such employee for such	12760
period shall be deemed to be employment; but if the services	12761
performed during more than one half of any such pay period by an	12762
employee for the person employing that employee do not constitute	12763
employment, then none of the services of such employee for such	12764
period shall be deemed to be employment. As used in division	12765
(B)(4) of this section, "pay period" means a period, of not more	12766
than thirty-one consecutive days, for which payment of	12767
remuneration is ordinarily made to the employee by the person	12768
employing that employee. Division (B)(4) of this section does not	12769
apply to services performed in a pay period by an employee for the	12770
person employing that employee, if any of such service is excepted	12771
by division (B)(3)(o) of this section.	12772

(C) "Benefits" means money payments payable to an individual	12773
who has established benefit rights, as provided in this chapter,	12774
for loss of remuneration due to the individual's unemployment.	12775

(D) "Benefit rights" means the weekly benefit amount and the	12776
maximum benefit amount that may become payable to an individual	12777
within the individual's benefit year as determined by the	12778
director.	12779

(E) "Claim for benefits" means a claim for waiting period or	12780
benefits for a designated week.	12781

(F) "Additional claim" means the first claim for benefits	12782
filed following any separation from employment during a benefit	12783
year; "continued claim" means any claim other than the first claim	12784
for benefits and other than an additional claim.	12785

(G)(1) "Wages" means remuneration paid to an employee by each	12786
of the employee's employers with respect to employment; except	12787
that wages shall not include that part of remuneration paid during	12788
any calendar year to an individual by an employer or such	12789
employer's predecessor in interest in the same business or	12790
enterprise, which in any calendar year is in excess of eight	12791
thousand two hundred fifty dollars on and after January 1, 1992;	12792
eight thousand five hundred dollars on and after January 1, 1993;	12793
eight thousand seven hundred fifty dollars on and after January 1,	12794
1994; and nine thousand dollars on and after January 1, 1995.	12795
Remuneration in excess of such amounts shall be deemed wages	12796
subject to contribution to the same extent that such remuneration	12797
is defined as wages under the "Federal Unemployment Tax Act," 84	12798
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	12799
remuneration paid an employee by an employer with respect to	12800
employment in another state, upon which contributions were	12801
required and paid by such employer under the unemployment	12802
compensation act of such other state, shall be included as a part	12803
of remuneration in computing the amount specified in this	12804
division.	12805

(2) Notwithstanding division (G)(1) of this section, if, as	12806
of the computation date for any calendar year, the director	12807
determines that the level of the unemployment compensation fund is	12808
sixty per cent or more below the minimum safe level as defined in	12809
section 4141.25 of the Revised Code, then, effective the first day	12810
of January of the following calendar year, wages subject to this	12811
chapter shall not include that part of remuneration paid during	12812
any calendar year to an individual by an employer or such	12813
employer's predecessor in interest in the same business or	12814
enterprise which is in excess of nine thousand dollars. The	12815
increase in the dollar amount of wages subject to this chapter	12816
under this division shall remain in effect from the date of the	12817
director's determination pursuant to division (G)(2) of this	12818
section and thereafter notwithstanding the fact that the level in	12819
the fund may subsequently become less than sixty per cent below	12820
the minimum safe level.	12821

(H)(1) "Remuneration" means all compensation for personal	12822
services, including commissions and bonuses and the cash value of	12823
all compensation in any medium other than cash, except that in the	12824
case of agricultural or domestic service, "remuneration" includes	12825
only cash remuneration. Gratuities customarily received by an	12826
individual in the course of the individual's employment from	12827
persons other than the individual's employer and which are	12828
accounted for by such individual to the individual's employer are	12829
taxable wages.	12830

The reasonable cash value of compensation paid in any medium	12831
other than cash shall be estimated and determined in accordance	12832
with rules prescribed by the director, provided that	12833
"remuneration" does not include:	12834

(a) Payments as provided in divisions (b)(2) to (b)~~(16)~~(20)	12835
of section 3306 of the "Federal Unemployment Tax Act," 84 Stat.	12836
713, 26 U.S.C.A. 3301 to 3311, as amended;	12837

(b) The payment by an employer, without deduction from the	12838
remuneration of the individual in the employer's employ, of the	12839
tax imposed upon an individual in the employer's employ under	12840
section 3101 of the "Internal Revenue Code of 1954," with respect	12841
to services performed after October 1, 1941.	12842

(2) "Cash remuneration" means all remuneration paid in cash,	12843
including commissions and bonuses, but not including the cash	12844
value of all compensation in any medium other than cash.	12845

(I) "Interested party" means the director and any party to	12846
whom notice of a determination of an application for benefit	12847
rights or a claim for benefits is required to be given under	12848
section 4141.28 of the Revised Code.	12849

(J) "Annual payroll" means the total amount of wages subject	12850
to contributions during a twelve-month period ending with the last	12851
day of the second calendar quarter of any calendar year.	12852

(K) "Average annual payroll" means the average of the last	12853
three annual payrolls of an employer, provided that if, as of any	12854
computation date, the employer has had less than three annual	12855
payrolls in such three-year period, such average shall be based on	12856
the annual payrolls which the employer has had as of such date.	12857

(L)(1) "Contributions" means the money payments to the state	12858
unemployment compensation fund required of employers by section	12859
4141.25 of the Revised Code and of the state and any of its	12860
political subdivisions electing to pay contributions under section	12861
4141.242 of the Revised Code. Employers paying contributions shall	12862
be described as "contributory employers."	12863

(2) "Payments in lieu of contributions" means the money	12864
payments to the state unemployment compensation fund required of	12865
reimbursing employers under sections 4141.241 and 4141.242 of the	12866
Revised Code.	12867

(M) An individual is "totally unemployed" in any week during	12868
which the individual performs no services and with respect to such	12869
week no remuneration is payable to the individual.	12870

(N) An individual is "partially unemployed" in any week if,	12871
due to involuntary loss of work, the total remuneration payable to	12872
the individual for such week is less than the individual's weekly	12873
benefit amount.	12874

(O) "Week" means the calendar week ending at midnight	12875
Saturday unless an equivalent week of seven consecutive calendar	12876
days is prescribed by the director.	12877

(1) "Qualifying week" means any calendar week in an	12878
individual's base period with respect to which the individual	12879
earns or is paid remuneration in employment subject to this	12880
chapter. A calendar week with respect to which an individual earns	12881
remuneration but for which payment was not made within the base	12882
period, when necessary to qualify for benefit rights, may be	12883
considered to be a qualifying week. The number of qualifying weeks	12884
which may be established in a calendar quarter shall not exceed	12885
the number of calendar weeks in the quarter.	12886

(2) "Average weekly wage" means the amount obtained by	12887
dividing an individual's total remuneration for all qualifying	12888
weeks during the base period by the number of such qualifying	12889
weeks, provided that if the computation results in an amount that	12890
is not a multiple of one dollar, such amount shall be rounded to	12891
the next lower multiple of one dollar.	12892

(P) "Weekly benefit amount" means the amount of benefits an	12893
individual would be entitled to receive for one week of total	12894
unemployment.	12895

(Q)(1) "Base period" means the first four of the last five	12896
completed calendar quarters immediately preceding the first day of	12897
an individual's benefit year, except as provided in division	12898
(Q)(2) of this section.	12899

(2) If an individual does not have sufficient qualifying	12900
weeks and wages in the base period to qualify for benefit rights,	12901
the individual's base period shall be the four most recently	12902
completed calendar quarters preceding the first day of the	12903
individual's benefit year. Such base period shall be known as the	12904
"alternate base period." If information as to weeks and wages for	12905
the most recent quarter of the alternate base period is not	12906
available to the director from the regular quarterly reports of	12907
wage information, which are systematically accessible, the	12908
director may, consistent with the provisions of section 4141.28 of	12909
the Revised Code, base the determination of eligibility for	12910
benefits on the affidavit of the claimant with respect to weeks	12911
and wages for that calendar quarter. The claimant shall furnish	12912
payroll documentation, where available, in support of the	12913
affidavit. The determination based upon the alternate base period	12914
as it relates to the claimant's benefit rights, shall be amended	12915
when the quarterly report of wage information from the employer is	12916
timely received and that information causes a change in the	12917
determination. As provided in division (B) of section 4141.28 of	12918
the Revised Code, any benefits paid and charged to an employer's	12919
account, based upon a claimant's affidavit, shall be adjusted	12920
effective as of the beginning of the claimant's benefit year. No	12921
calendar quarter in a base period or alternate base period shall	12922
be used to establish a subsequent benefit year.	12923

(3) The "base period" of a combined wage claim, as described	12924
in division (H) of section 4141.43 of the Revised Code, shall be	12925
the base period prescribed by the law of the state in which the	12926
claim is allowed.	12927

(4) For purposes of determining the weeks that comprise a	12928
completed calendar quarter under this division, only those weeks	12929
ending at midnight Saturday within the calendar quarter shall be	12930
utilized.	12931

(R)(1) "Benefit year" with respect to an individual means the	12932
fifty-two week period beginning with the first day of that week	12933
with respect to which the individual first files a valid	12934
application for determination of benefit rights, and thereafter	12935
the fifty-two week period beginning with the first day of that	12936
week with respect to which the individual next files a valid	12937
application for determination of benefit rights after the	12938
termination of the individual's last preceding benefit year,	12939
except that the application shall not be considered valid unless	12940
the individual has had employment in six weeks that is subject to	12941
this chapter or the unemployment compensation act of another	12942
state, or the United States, and has, since the beginning of the	12943
individual's previous benefit year, in the employment earned three	12944
times the average weekly wage determined for the previous benefit	12945
year. The "benefit year" of a combined wage claim, as described in	12946
division (H) of section 4141.43 of the Revised Code, shall be the	12947
benefit year prescribed by the law of the state in which the claim	12948
is allowed. Any application for determination of benefit rights	12949
made in accordance with section 4141.28 of the Revised Code is	12950
valid if the individual filing such application is unemployed, has	12951
been employed by an employer or employers subject to this chapter	12952
in at least twenty qualifying weeks within the individual's base	12953
period, and has earned or been paid remuneration at an average	12954
weekly wage of not less than twenty-seven and one-half per cent of	12955
the statewide average weekly wage for such weeks. For purposes of	12956
determining whether an individual has had sufficient employment	12957
since the beginning of the individual's previous benefit year to	12958
file a valid application, "employment" means the performance of	12959
services for which remuneration is payable.	12960

(2) Effective for benefit years beginning on and after	12961
December 26, 2004, any application for determination of benefit	12962
rights made in accordance with section 4141.28 of the Revised Code	12963
is valid if the individual satisfies the criteria described in	12964
division (R)(1) of this section, and if the reason for the	12965
individual's separation from employment is not disqualifying	12966
pursuant to division (D)(2) of section 4141.29 or section 4141.291	12967
of the Revised Code. A disqualification imposed pursuant to	12968
division (D)(2) of section 4141.29 or section 4141.291 of the	12969
Revised Code must be removed as provided in those sections as a	12970
requirement of establishing a valid application for benefit years	12971
beginning on and after December 26, 2004.	12972

(3) The statewide average weekly wage shall be calculated by	12973
the director once a year based on the twelve-month period ending	12974
the thirtieth day of June, as set forth in division (B)(3) of	12975
section 4141.30 of the Revised Code, rounded down to the nearest	12976
dollar. Increases or decreases in the amount of remuneration	12977
required to have been earned or paid in order for individuals to	12978
have filed valid applications shall become effective on Sunday of	12979
the calendar week in which the first day of January occurs that	12980
follows the twelve-month period ending the thirtieth day of June	12981
upon which the calculation of the statewide average weekly wage	12982
was based.	12983

(4) As used in this division, an individual is "unemployed"	12984
if, with respect to the calendar week in which such application is	12985
filed, the individual is "partially unemployed" or "totally	12986
unemployed" as defined in this section or if, prior to filing the	12987
application, the individual was separated from the individual's	12988
most recent work for any reason which terminated the individual's	12989
employee-employer relationship, or was laid off indefinitely or	12990
for a definite period of seven or more days.	12991

(S) "Calendar quarter" means the period of three consecutive	12992
calendar months ending on the thirty-first day of March, the	12993
thirtieth day of June, the thirtieth day of September, and the	12994
thirty-first day of December, or the equivalent thereof as the	12995
director prescribes by rule.	12996

(T) "Computation date" means the first day of the third	12997
calendar quarter of any calendar year.	12998

(U) "Contribution period" means the calendar year beginning	12999
on the first day of January of any year.	13000

(V) "Agricultural labor," for the purpose of this division,	13001
means any service performed prior to January 1, 1972, which was	13002
agricultural labor as defined in this division prior to that date,	13003
and service performed after December 31, 1971:	13004

(1) On a farm, in the employ of any person, in connection	13005
with cultivating the soil, or in connection with raising or	13006
harvesting any agricultural or horticultural commodity, including	13007
the raising, shearing, feeding, caring for, training, and	13008
management of livestock, bees, poultry, and fur-bearing animals	13009
and wildlife;	13010

(2) In the employ of the owner or tenant or other operator of	13011
a farm in connection with the operation, management, conservation,	13012
improvement, or maintenance of such farm and its tools and	13013
equipment, or in salvaging timber or clearing land of brush and	13014
other debris left by hurricane, if the major part of such service	13015
is performed on a farm;	13016

(3) In connection with the production or harvesting of any	13017
commodity defined as an agricultural commodity in section 15 (g)	13018
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	13019
U.S.C. 1141j, as amended, or in connection with the ginning of	13020
cotton, or in connection with the operation or maintenance of	13021
ditches, canals, reservoirs, or waterways, not owned or operated	13022
for profit, used exclusively for supplying and storing water for	13023
farming purposes;	13024

(4) In the employ of the operator of a farm in handling,	13025
planting, drying, packing, packaging, processing, freezing,	13026
grading, storing, or delivering to storage or to market or to a	13027
carrier for transportation to market, in its unmanufactured state,	13028
any agricultural or horticultural commodity, but only if the	13029
operator produced more than one half of the commodity with respect	13030
to which such service is performed;	13031

(5) In the employ of a group of operators of farms, or a	13032
cooperative organization of which the operators are members, in	13033
the performance of service described in division (V)(4) of this	13034
section, but only if the operators produced more than one-half of	13035
the commodity with respect to which the service is performed;	13036

(6) Divisions (V)(4) and (5) of this section shall not be	13037
deemed to be applicable with respect to service performed:	13038

(a) In connection with commercial canning or commercial	13039
freezing or in connection with any agricultural or horticultural	13040
commodity after its delivery to a terminal market for distribution	13041
for consumption; or	13042

(b) On a farm operated for profit if the service is not in	13043
the course of the employer's trade or business.	13044

As used in division (V) of this section, "farm" includes	13045
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	13046
plantations, ranches, nurseries, ranges, greenhouses, or other	13047
similar structures used primarily for the raising of agricultural	13048
or horticultural commodities and orchards.	13049

(W) "Hospital" means an institution which has been registered	13050
or licensed by the Ohio department of health as a hospital.	13051

(X) "Nonprofit organization" means an organization, or group	13052
of organizations, described in section 501(c)(3) of the "Internal	13053
Revenue Code of 1954," and exempt from income tax under section	13054
501(a) of that code.	13055

(Y) "Institution of higher education" means a public or	13056
nonprofit educational institution, including an educational	13057
institution operated by an Indian tribe, which:	13058

(1) Admits as regular students only individuals having a	13059
certificate of graduation from a high school, or the recognized	13060
equivalent;	13061

(2) Is legally authorized in this state or by the Indian	13062
tribe to provide a program of education beyond high school; and	13063

(3) Provides an educational program for which it awards a	13064
bachelor's or higher degree, or provides a program which is	13065
acceptable for full credit toward such a degree, a program of	13066
post-graduate or post-doctoral studies, or a program of training	13067
to prepare students for gainful employment in a recognized	13068
occupation.	13069

For the purposes of this division, all colleges and	13070
universities in this state are institutions of higher education.	13071

(Z) For the purposes of this chapter, "states" includes the	13072
District of Columbia, the Commonwealth of Puerto Rico, and the	13073
Virgin Islands.	13074

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	13075
this section, an individual who is an alien admitted to the United	13076
States to perform service in agricultural labor pursuant to	13077
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	13078
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	13079

(BB)(1) "Crew leader" means an individual who furnishes	13080
individuals to perform agricultural labor for any other employer	13081
or farm operator, and:	13082

(a) Pays, either on the individual's own behalf or on behalf	13083
of the other employer or farm operator, the individuals so	13084
furnished by the individual for the service in agricultural labor	13085
performed by them;	13086

(b) Has not entered into a written agreement with the other	13087
employer or farm operator under which the agricultural worker is	13088
designated as in the employ of the other employer or farm	13089
operator.	13090

(2) For the purposes of this chapter, any individual who is a	13091
member of a crew furnished by a crew leader to perform service in	13092
agricultural labor for any other employer or farm operator shall	13093
be treated as an employee of the crew leader if:	13094

(a) The crew leader holds a valid certificate of registration	13095
under the "Farm Labor Contractor Registration Act of 1963," 90	13096
Stat. 2668, 7 U.S.C. 2041; or	13097

(b) Substantially all the members of the crew operate or	13098
maintain tractors, mechanized harvesting or crop-dusting	13099
equipment, or any other mechanized equipment, which is provided by	13100
the crew leader; and	13101

(c) If the individual is not in the employment of the other	13102
employer or farm operator within the meaning of division (B)(1) of	13103
this section.	13104

(3) For the purposes of this division, any individual who is	13105
furnished by a crew leader to perform service in agricultural	13106
labor for any other employer or farm operator and who is not	13107
treated as in the employment of the crew leader under division	13108
(BB)(2) of this section shall be treated as the employee of the	13109
other employer or farm operator and not of the crew leader. The	13110
other employer or farm operator shall be treated as having paid	13111
cash remuneration to the individual in an amount equal to the	13112
amount of cash remuneration paid to the individual by the crew	13113
leader, either on the crew leader's own behalf or on behalf of the	13114
other employer or farm operator, for the service in agricultural	13115
labor performed for the other employer or farm operator.	13116

(CC) "Educational institution" means an institution other	13117
than an institution of higher education as defined in division (Y)	13118
of this section, including an educational institution operated by	13119
an Indian tribe, which:	13120

(1) Offers participants, trainees, or students an organized	13121
course of study or training designed to transfer to them	13122
knowledge, skills, information, doctrines, attitudes, or abilities	13123
from, by, or under the guidance of an instructor or teacher; and	13124

(2) Is approved, chartered, or issued a permit to operate as	13125
a school by the state board of education, other government agency,	13126
or Indian tribe that is authorized within the state to approve,	13127
charter, or issue a permit for the operation of a school.	13128

For the purposes of this division, the courses of study or	13129
training which the institution offers may be academic, technical,	13130
trade, or preparation for gainful employment in a recognized	13131
occupation.	13132

(DD) "Cost savings day" means any unpaid day off from work in	13133
which employees continue to accrue employee benefits which have a	13134
determinable value including, but not limited to, vacation,	13135
pension contribution, sick time, and life and health insurance.	13136

Sec. 4141.09. (A) There is hereby created an unemployment	13137
compensation fund to be administered by the state without	13138
liability on the part of the state beyond the amounts paid into	13139
the fund and earned by the fund. The unemployment compensation	13140
fund shall consist of all contributions, payments in lieu of	13141
contributions described in sections 4141.241 and 4141.242 of the	13142
Revised Code, reimbursements of the federal share of extended	13143
benefits described in section 4141.301 of the Revised Code,	13144
collected under sections 4141.01 to 4141.56 of the Revised Code,	13145
and the amount required under division (A)(4) of section 4141.35	13146
of the Revised Code, together with all interest earned upon any	13147
moneys deposited with the secretary of the treasury of the United	13148
States to the credit of the account of this state in the	13149
unemployment trust fund established and maintained pursuant to	13150
section 904 of the "Social Security Act," any property or	13151
securities acquired through the use of moneys belonging to the	13152
fund, and all earnings of such property or securities. The	13153
unemployment compensation fund shall be used to pay benefits,	13154
shared work compensation as defined in section 4141.50 of the	13155
Revised Code, and refunds as provided by such sections and for no	13156
other purpose.	13157

(B) The treasurer of state shall be the custodian of the	13158
unemployment compensation fund and shall administer such fund in	13159
accordance with the directions of the director of job and family	13160
services. All disbursements therefrom shall be paid by the	13161
treasurer of state on warrants drawn by the director. Such	13162
warrants may bear the facsimile signature of the director printed	13163
thereon and that of a deputy or other employee of the director	13164
charged with the duty of keeping the account of the unemployment	13165
compensation fund and with the preparation of warrants for the	13166
payment of benefits to the persons entitled thereto. Moneys in the	13167
clearing and benefit accounts shall not be commingled with other	13168
state funds, except as provided in division (C) of this section,	13169
but shall be maintained in separate accounts on the books of the	13170
depositary bank. Such money shall be secured by the depositary	13171
bank to the same extent and in the same manner as required by	13172
sections 135.01 to 135.21 of the Revised Code; and collateral	13173
pledged for this purpose shall be kept separate and distinct from	13174
any collateral pledged to secure other funds of this state. All	13175
sums recovered for losses sustained by the unemployment	13176
compensation fund shall be deposited therein. The treasurer of	13177
state shall be liable on the treasurer's official bond for the	13178
faithful performance of the treasurer's duties in connection with	13179
the unemployment compensation fund, such liability to exist in	13180
addition to any liability upon any separate bond.	13181

(C) The treasurer of state shall maintain within the	13182
unemployment compensation fund three separate accounts which shall	13183
be a clearing account, a trust fund account, and a benefit	13184
account. All moneys payable to the unemployment compensation fund,	13185
upon receipt by the director, shall be forwarded to the treasurer	13186
of state, who shall immediately deposit them in the clearing	13187
account. Refunds of contributions, or payments in lieu of	13188
contributions, payable pursuant to division (E) of this section	13189
may be paid from the clearing account upon warrants signed by a	13190
deputy or other employee of the director charged with the duty of	13191
keeping the record of the clearing account and with the	13192
preparation of warrants for the payment of refunds to persons	13193
entitled thereto. After clearance thereof, all moneys in the	13194
clearing account shall be deposited with the secretary of the	13195
treasury of the United States to the credit of the account of this	13196
state in the unemployment trust fund established and maintained	13197
pursuant to section 904 of the "Social Security Act," in	13198
accordance with requirements of the "Federal Unemployment Tax	13199
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law	13200
in this state relating to the deposit, administration, release, or	13201
disbursement of moneys in the possession or custody of this state	13202
to the contrary notwithstanding. The benefit account shall consist	13203
of all moneys requisitioned from this state's account in the	13204
unemployment trust fund. Federal funds may be deposited, at the	13205
director's discretion, into the benefit account. Any funds	13206
deposited into the benefit account shall be disbursed solely for	13207
payment of benefits under a federal program administered by this	13208
state and for no other purpose. Moneys in the clearing and benefit	13209
accounts may be deposited by the treasurer of state, under the	13210
direction of the director, in any bank or public depositary in	13211
which general funds of the state may be deposited, but no public	13212
deposit insurance charge or premium shall be paid out of the fund.	13213

(D) Moneys shall be requisitioned from this state's account	13214
in the unemployment trust fund solely for the payment of benefits	13215
and in accordance with regulations prescribed by the director. The	13216
director shall requisition from the unemployment trust fund such	13217
amounts, not exceeding the amount standing to this state's account	13218
therein, as are deemed necessary for the payment of benefits for a	13219
reasonable future period. Upon receipt thereof, the treasurer of	13220
state shall deposit such moneys in the benefit account.	13221
Expenditures of such money in the benefit account and refunds from	13222
the clearing account shall not require specific appropriations or	13223
other formal release by state officers of money in their custody.	13224
Any balance of moneys requisitioned from the unemployment trust	13225
fund which remains unclaimed or unpaid in the benefit account	13226
after the expiration of the period for which such sums were	13227
requisitioned shall either be deducted from estimates for and may	13228
be utilized for the payment of benefits during succeeding periods,	13229
or, in the discretion of the director, shall be redeposited with	13230
the secretary of the treasury of the United States to the credit	13231
of this state's account in the unemployment trust fund, as	13232
provided in division (C) of this section. Unclaimed or unpaid	13233
federal funds redeposited with the secretary of the treasury of	13234
the United States shall be credited to the appropriate federal	13235
account.	13236

(E) No claim for an adjustment or a refund on contribution,	13237
payment in lieu of contributions, interest, or forfeiture alleged	13238
to have been erroneously or illegally assessed or collected, or	13239
alleged to have been collected without authority, and no claim for	13240
an adjustment or a refund of any sum alleged to have been	13241
excessive or in any manner wrongfully collected shall be allowed	13242
unless an application, in writing, therefor is made within four	13243
years from the date on which such payment was made. If the	13244
director determines that such contribution, payment in lieu of	13245
contributions, interest, or forfeiture, or any portion thereof,	13246
was erroneously collected, the director shall allow such employer	13247
to make an adjustment thereof without interest in connection with	13248
subsequent contribution payments, or payments in lieu of	13249
contributions, by the employer, or the director may refund said	13250
amount, without interest, from the clearing account of the	13251
unemployment compensation fund, except as provided in division (B)	13252
of section 4141.11 of the Revised Code. For like cause and within	13253
the same period, adjustment or refund may be so made on the	13254
director's own initiative. An overpayment of contribution, payment	13255
in lieu of contributions, interest, or forfeiture for which an	13256
employer has not made application for refund prior to the date of	13257
sale of the employer's business shall accrue to the employer's	13258
successor in interest.	13259

An application for an adjustment or a refund, or any portion	13260
thereof, that is rejected is binding upon the employer unless,	13261
within thirty days after the mailing of a written notice of	13262
rejection to the employer's last known address, or, in the absence	13263
of mailing of such notice, within thirty days after the delivery	13264
of such notice, the employer files an application for a review and	13265
redetermination setting forth the reasons therefor. The director	13266
shall promptly examine the application for review and	13267
redetermination, and if a review is granted, the employer shall be	13268
promptly notified thereof, and shall be granted an opportunity for	13269
a prompt hearing.	13270

(F) If the director finds that contributions have been paid	13271
to the director in error, and that such contributions should have	13272
been paid to a department of another state or of the United States	13273
charged with the administration of an unemployment compensation	13274
law, the director may upon request by such department or upon the	13275
director's own initiative transfer to such department the amount	13276
of such contributions, less any benefits paid to claimants whose	13277
wages were the basis for such contributions. The director may	13278
request and receive from such department any contributions or	13279
adjusted contributions paid in error to such department which	13280
should have been paid to the director.	13281

(G) In accordance with section 303(c)(3) of the Social	13282
Security Act, and section 3304(a)(17) of the Internal Revenue Code	13283
of 1954 for continuing certification of Ohio unemployment	13284
compensation laws for administrative grants and for tax credits,	13285
any interest required to be paid on advances under Title XII of	13286
the Social Security Act shall be paid in a timely manner and shall	13287
not be paid, directly or indirectly, by an equivalent reduction in	13288
the Ohio unemployment taxes or otherwise, by the state from	13289
amounts in the unemployment compensation fund.	13290

(H) The treasurer of state, under the direction of the	13291
director and in accordance with the "Cash Management Improvement	13292
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	13293
amounts of interest earned by the state on funds in the benefit	13294
account established pursuant to division (C) of this section into	13295
~~the department of job and family services banking fees fund, which~~	13296
~~is hereby created in the state treasury for the purpose of paying~~	13297
~~related banking costs incurred by the state for the period for~~	13298
~~which the interest is calculated, except that if the deposited~~	13299
~~interest exceeds the banking costs incurred by the state for the~~	13300
~~period for which the interest is calculated, the treasurer of~~	13301
~~state shall deposit the excess interest into~~ the unemployment	13302
trust fund.	13303

(I) The treasurer of state, under the direction of the	13304
director, shall deposit federal funds received by the director for	13305
training and administration and for payment of benefits, job	13306
search, relocation, transportation, and subsistence allowances	13307
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	13308
2101, as amended; the "North American Free Trade Agreement	13309
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as	13310
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.	13311
3801, as amended, into the Trade Act training and administration	13312
account, which is hereby created for the purpose of making	13313
payments specified under those acts. The treasurer of state, under	13314
the direction of the director, may transfer funds from the Trade	13315
Act training and administration account to the benefit account for	13316
the purpose of making any payments directly to claimants for	13317
benefits, job search, relocation, transportation, and subsistence	13318
allowances, as specified by those acts.	13319

Sec. 4141.11. There is hereby created in the state treasury	13320
the unemployment compensation special administrative fund. The	13321
fund shall consist of all interest collected on delinquent	13322
contributions pursuant to this chapter, all fines and forfeitures	13323
collected under this chapter, all money received from the sale of	13324
real property under section 4141.131 of the Revised Code, the	13325
amount required under division (A)(4) of section 4141.35 of the	13326
Revised Code, and all court costs and interest paid or collected	13327
in connection with the repayment of fraudulently obtained benefits	13328
pursuant to section 4141.35 of the Revised Code. All interest	13329
earned on the money in the fund shall be retained in the fund and	13330
shall not be credited or transferred to any other fund or account,	13331
except as provided in division (B) of this section. All moneys	13332
which are deposited or paid into this fund may be used by:	13333

(A) The director of job and family services whenever it	13334
appears that such use is necessary for:	13335

(1) The proper administration of this chapter and no federal	13336
funds are available for the specific purpose for which the	13337
expenditure is to be made, provided the moneys are not substituted	13338
for appropriations from federal funds, which in the absence of	13339
such moneys would be available;	13340

(2) The proper administration of this chapter for which	13341
purpose appropriations from federal funds have been requested and	13342
approved but not received, provided the fund would be reimbursed	13343
upon receipt of the federal appropriation;	13344

(3) To the extent possible, the repayment to the unemployment	13345
compensation administration fund of moneys found by the proper	13346
agency of the United States to have been lost or expended for	13347
purposes other than, or an amount in excess of, those found	13348
necessary by the proper agency of the United States for the	13349
administration of this chapter.	13350

(B) The director or the director's deputy whenever it appears	13351
that such use is necessary for the payment of refunds or	13352
adjustments of interest, fines, forfeitures, or court costs	13353
erroneously collected and paid into this fund pursuant to this	13354
chapter.	13355

(C) The director, to pay state disaster unemployment benefits	13356
pursuant to section 4141.292 of the Revised Code.	13357

(D) The director, to pay any costs attributable to the	13358
director that are associated with the sale of real property under	13359
section 4141.131 of the Revised Code.	13360

Whenever the balance in the unemployment compensation special	13361
administrative fund is considered to be excessive by the director,	13362
the director shall request the director of budget and management	13363
to transfer to the unemployment compensation fund the amount	13364
considered to be excessive. Any balance in the unemployment	13365
compensation special administrative fund shall not lapse at any	13366
time, but shall be continuously available to the director of job	13367
and family services for expenditures consistent with this chapter.	13368

Sec. 4141.131. ~~(A)~~ The director of job and family services	13369
may enter into contracts for the sale of real property no longer	13370
needed by the director for the operations of the director under	13371
this title. Any costs attributable to the director that are	13372
associated with the sale of real property under this section shall	13373
be paid out of the unemployment compensation special	13374
administrative fund established pursuant to section 4141.11 of the	13375
Revised Code. The director shall submit a report summarizing the	13376
use of that fund for the purpose of this section at least annually	13377
to the unemployment compensation advisory council as prescribed by	13378
the council.	13379

~~(B)(1) Earnest moneys from the sale of real property pursuant~~	13380
~~to division (A) of this section shall be deposited into the~~	13381
~~department of job and family services building consolidation fund,~~	13382
~~which is hereby created in the state treasury. The balance of the~~	13383
~~purchase price shall be deposited into the department of job and~~	13384
~~family services building enhancement fund, which is hereby created~~	13385
~~in the state treasury. The building enhancement fund shall retain~~	13386
~~its own interest. Upon completion of the sale and the request of~~	13387
~~the director, the treasurer of state shall transfer the earnest~~	13388
~~moneys in the building consolidation fund into the building~~	13389
~~enhancement fund. The director shall use the interest earned on~~	13390
~~the moneys in the building enhancement fund only in accordance~~	13391
~~with division (C) of this section.~~	13392

~~(2) The director shall deposit sufficient moneys from the~~	13393
~~sale of real property pursuant to division (A) of this section~~	13394
~~into the unemployment compensation special administrative fund to~~	13395
~~reimburse the fund for all costs associated with the sale of that~~	13396
~~real property.~~	13397

~~(C) The director shall use the moneys in the building~~	13398
~~enhancement fund from the sale of real property pursuant to~~	13399
~~division (A) of this section, less the costs of the sale as~~	13400
~~specified in division (B)(2) of this section, in accordance with~~	13401
~~the provisions and requirements of the "Social Security Act," 49~~	13402
~~Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the~~	13403
~~instructions of the United States department of labor, to improve~~	13404
~~buildings owned by or under the control of the director. If the~~	13405
~~director determines that there are no buildings for which money in~~	13406
~~the building enhancement fund may be used, the money shall be~~	13407
~~returned to the United States department of labor.~~	13408

~~(D)~~ The auditor of state, with the assistance of the attorney	13409
general, shall prepare a deed to the real property being sold upon	13410
notice from the director that a contract for the sale of that	13411
property has been executed in accordance with this section. The	13412
deed shall state the consideration and any conditions placed upon	13413
the sale. The deed shall be executed by the governor in the name	13414
of the state, countersigned by the secretary of state, sealed with	13415
the great seal of the state, presented in the office of the	13416
auditor of state for recording, and delivered to the buyer upon	13417
payment of the balance of the purchase price.	13418

The buyer shall present the deed for recording in the county	13419
recorder's office of the county in which the real property is	13420
located.	13421

Sec. 4141.20. (A) Every employer, including those not	13422
otherwise subject to this chapter, shall furnish the director of	13423
job and family services upon request all information required by	13424
the director to carry out the requirements of this chapter. Every	13425
employer receiving from the director any blank with direction to	13426
fill it out shall cause it to be properly filled out, in the	13427
manner prescribed by the director, so as to answer fully and	13428
correctly all questions therein propounded, and shall furnish all	13429
the information therein sought, or, if unable to do so, that	13430
employer shall give the director in writing good and sufficient	13431
reason for such failure.	13432

The director may require that such information be verified	13433
under oath and returned to the director within the period fixed by	13434
the director or by law. The director or any person employed by the	13435
director for that purpose may examine under oath any such	13436
employer, or the officer, agent, or employee of that employer, for	13437
the purpose of ascertaining any information that the employer is	13438
required by this chapter to furnish to the director. ~~Any employer~~	13439
~~who fails to furnish information as is required by the director~~	13440
~~under authority of this section shall forfeit five hundred dollars~~	13441
~~to be collected in a civil action brought against the employer in~~	13442
~~the name of the state.~~	13443

(B) ~~Effective with the calendar quarter beginning April 1,~~	13444
~~1987, every contributory employer shall file a quarterly~~	13445
~~contribution report and a quarterly report of wages. The quarterly~~	13446
~~reports shall be filed no later than the last day of the first~~	13447
~~month following the close of the calendar quarter for which the~~	13448
~~quarterly reports are being filed. The employer shall enter on the~~	13449
~~quarterly contribution report the total and taxable remuneration~~	13450
~~paid to all employees during the quarter. The employer shall enter~~	13451
~~on the quarterly report of wages the name and social security~~	13452
~~number of each individual employed during the calendar quarter,~~	13453
~~the total remuneration paid the individual, the number of weeks~~	13454
~~during the quarter for which the individual was paid remuneration,~~	13455
~~and any other information as required by section 1137 of the~~	13456
~~"Social Security Act."~~	13457

~~Effective until the calendar quarter beginning January 1,~~	13458
~~1993, in case of failure to file the quarterly contribution report~~	13459
~~or the report of wages containing all the required contribution~~	13460
~~and wage information within the time prescribed by this section,~~	13461
~~there shall be assessed a forfeiture amounting to ten per cent of~~	13462
~~the contributions due; provided such forfeiture shall not be less~~	13463
~~than twenty-five nor more than two hundred fifty dollars. The~~	13464
~~director may waive the forfeiture only with respect to the report~~	13465
~~of wages, and the waiver may be approved only if the employer~~	13466
~~shows good cause for failure to file the required information.~~	13467

~~Effective with the calendar quarter beginning January 1,~~	13468
~~1993, in case of failure to file the quarterly contribution report~~	13469
~~containing all the required information within the time prescribed~~	13470
~~by this section, there shall be assessed a forfeiture amounting to~~	13471
~~twenty-five one-hundredths of one per cent of the total~~	13472
~~remuneration paid by the employer, provided such forfeiture shall~~	13473
~~not be less than thirty nor more than five hundred dollars per~~	13474
~~quarterly contribution report. The director may waive the~~	13475
~~forfeiture only if the employer provides to the director a written~~	13476
~~statement showing good cause for failure to file the required~~	13477
~~quarterly contribution report.~~	13478

~~Effective with the calendar quarter beginning January 1,~~	13479
~~1993, in case of failure to file the quarterly report of wages~~	13480
~~containing all the required information within the time prescribed~~	13481
~~by this section, there shall be assessed a forfeiture amounting to~~	13482
~~twenty-five one-hundredths of one per cent of the total~~	13483
~~remuneration paid by the employer, provided such forfeiture shall~~	13484
~~be not less than thirty nor more than five hundred dollars per~~	13485
~~quarterly report of wages. The director may waive the forfeiture~~	13486
~~only if the employer provides to the director a written statement~~	13487
~~showing good cause for failure to file the required quarterly~~	13488
~~report of wages.~~	13489

~~(C) Effective with the calendar quarter beginning April 1,~~	13490
~~1987, every employer liable for payments in lieu of contributions~~	13491
~~shall file a quarterly payroll report and a quarterly report of~~	13492
~~wages. The employer shall file the quarterly reports no later than~~	13493
~~the last day of the first month following the close of the~~	13494
~~calendar quarter for which the quarterly reports are being filed.~~	13495
~~The employer shall enter on the quarterly payroll report the total~~	13496
~~remuneration paid to all employees during the quarter and the~~	13497
~~total wages that would have been taxable had the employer been~~	13498
~~subject to contributions. The employer shall enter on the~~	13499
~~quarterly report of wages the name and social security number of~~	13500
~~each individual employed during the calendar quarter, the total~~	13501
~~remuneration paid the individual, the number of weeks during the~~	13502
~~quarter for which the individual was paid remuneration, and any~~	13503
~~other information as required by section 1137 of the "Social~~	13504
~~Security Act."~~	13505

~~Effective until the calendar quarter beginning January 1,~~	13506
~~1993, in case of failure to file the quarterly payroll report or~~	13507
~~the report of wages containing all of the required payroll or wage~~	13508
~~information within the time prescribed by this section, the~~	13509
~~employer shall be assessed a forfeiture of twenty-five dollars per~~	13510
~~report. The director may waive the forfeiture only with respect to~~	13511
~~the report of wages, and such waiver may be approved only if the~~	13512
~~employer shows good cause for failure to file the required~~	13513
~~information.~~	13514

~~Effective with the calendar quarter beginning January 1,~~	13515
~~1993, in case of failure to file the quarterly payroll report~~	13516
~~containing all the required wage information within the time~~	13517
~~prescribed by this section, the employer shall be assessed a~~	13518
~~forfeiture amounting to twenty-five one-hundredths of one per cent~~	13519
~~of the total remuneration paid by the employer, provided such~~	13520
~~forfeiture shall not be less than thirty nor more than five~~	13521
~~hundred dollars per quarterly payroll report. The director may~~	13522
~~waive the forfeiture only if the employer provides to the director~~	13523
~~a written statement showing good cause for failure to file the~~	13524
~~required quarterly payroll report.~~	13525

~~Effective with the calendar quarter beginning January 1,~~	13526
~~1993, in case of failure to file the quarterly report of wages~~	13527
~~containing all the required information within the time prescribed~~	13528
~~by this section, there shall be assessed a forfeiture amounting to~~	13529
~~twenty-five one-hundredths of one per cent of the total~~	13530
~~remuneration paid by the employer, provided such forfeiture shall~~	13531
~~be not less than thirty nor more than five hundred dollars per~~	13532
~~quarterly report of wages. The director may waive the forfeiture~~	13533
~~only if the employer provides to the director a written statement~~	13534
~~showing good cause for failure to file the required quarterly~~	13535
~~report of wages.~~	13536

~~(D) Effective with the calendar quarter beginning January 1,~~	13537
~~2002, every~~Every contributory employer shall file a quarterly	13538
contribution and wage report. The quarterly report shall be filed	13539
not later than the last day of the first month following the close	13540
of the calendar quarter for which the quarterly report is being	13541
filed. The employer shall enter on the quarterly report the total	13542
and taxable remuneration paid to all employees during the quarter,	13543
the name and social security number of each individual employed	13544
during the calendar quarter, the total remuneration paid the	13545
individual, the number of weeks during the quarter for which the	13546
individual was paid remuneration, and any other information as	13547
required by section 1137 of the "Social Security Act."	13548

~~Effective with the calendar quarter beginning January 1,~~	13549
~~2002, in~~In case of failure to properly file the quarterly	13550
contribution and wage report containing all the required	13551
contribution and wage information within the time prescribed by	13552
this section, the director shall assess a forfeiture amounting to	13553
twenty-five one-hundredths of one per cent of the total	13554
remuneration reported by the employer, provided such forfeiture	13555
shall not be less than fifty nor more than one thousand dollars.	13556

~~(E) Effective with the calendar quarter beginning January 1,~~	13557
~~2002, every~~(C) Every employer liable for payments in lieu of	13558
contributions shall file a quarterly payroll and wage report. The	13559
quarterly report shall be filed not later than the last day of the	13560
first month following the close of the calendar quarter for which	13561
the quarterly report is being filed. The employer shall enter on	13562
the quarterly report the total remuneration paid to all employees	13563
during the quarter, the total wages that would have been taxable	13564
had the employer been subject to contributions, the name and	13565
social security number of each individual employed during the	13566
calendar quarter, the total remuneration paid the individual, the	13567
number of weeks during the quarter for which the individual was	13568
paid remuneration, and any other information as required by	13569
section 1137 of the "Social Security Act."	13570

~~Effective with the calendar quarter beginning January 1,~~	13571
~~2002, in~~In case of failure to properly file the quarterly payroll	13572
and wage report containing all the required payroll and wage	13573
information within the time prescribed by this section, the	13574
director shall assess a forfeiture amounting to twenty-five	13575
one-hundredths of one per cent of the total remuneration reported	13576
by the employer, provided such forfeiture shall not be less than	13577
fifty nor more than one thousand dollars.	13578

~~(F)~~(D) The director may waive a forfeiture assessed under	13579
division ~~(D)~~(B) or ~~(E)~~(C) of this section if the employer provides	13580
to the director, within four years after the date the forfeiture	13581
was assessed, a written statement showing good cause for failure	13582
to properly file the required information.	13583

~~(G)~~(E) The director shall furnish the form or forms on which	13584
quarterly reports required under this section are to be submitted,	13585
or the employer may use other methods of reporting, including	13586
electronic information transmission methods, as approved by the	13587
director.	13588

~~(H)~~(F) All forfeitures required by this section shall be paid	13589
into the unemployment compensation special administrative fund as	13590
provided in section 4141.11 of the Revised Code.	13591

Sec. 4141.25. (A) The director of job and family services	13592
shall determine as of each computation date the contribution rate	13593
of each contributing employer subject to this chapter for the next	13594
succeeding contribution period. The director shall determine a	13595
standard rate of contribution or an experience rate for each	13596
contributing employer. Once a rate of contribution has been	13597
established under this section for a contribution period, except	13598
as provided in division (D) of section 4141.26 of the Revised	13599
Code, that rate shall remain effective throughout such	13600
contribution period. The rate of contribution shall be determined	13601
in accordance with the following requirements:	13602

(1) An employer whose experience does not meet the terms of	13603
division (A)(2) of this section shall be assigned a standard rate	13604
of contribution. Effective for contribution periods beginning on	13605
and after January 1, 1998, an employer's standard rate of	13606
contribution shall be a rate of two and seven-tenths per cent,	13607
except that the rate for employers engaged in the construction	13608
industry shall be the average contribution rate computed for the	13609
construction industry or a rate of two and seven-tenths per cent,	13610
whichever is greater. The standard rate set forth in this division	13611
shall be applicable to a nonprofit organization whose election to	13612
make payments in lieu of contributions is voluntarily terminated	13613
or canceled by the director under section 4141.241 of the Revised	13614
Code, and thereafter pays contributions as required by this	13615
section. If such nonprofit organization had been a contributory	13616
employer prior to its election to make payments in lieu of	13617
contributions, then any prior balance in the contributory account	13618
shall become part of the reactivated account.	13619

As used in division (A) of this section, "the average	13620
contribution rate computed for the construction industry" means	13621
the most recent annual average rate attributable to the	13622
construction industry as prescribed by the director.	13623

(2) A contributing employer subject to this chapter shall	13624
qualify for an experience rate only if there have been four	13625
consecutive quarters, ending on the thirtieth day of June	13626
immediately prior to the computation date, throughout which the	13627
employer's account was chargeable with benefits. Upon meeting the	13628
qualifying requirements provided in division (A)(2) of this	13629
section, the director shall calculate the total credits to each	13630
employer's account consisting of the contributions other than	13631
mutualized contributions including all contributions paid prior to	13632
the computation date for all past periods plus:	13633

(a) The contributions owing on the computation date that are	13634
paid within thirty days after the computation date, and credited	13635
to the employer's account;	13636

(b) All voluntary contributions paid by an employer pursuant	13637
to division (B) of section 4141.24 of the Revised Code.	13638

(3) The director also shall determine the benefits which are	13639
chargeable to each employer's account and which were paid prior to	13640
the computation date with respect to weeks of unemployment ending	13641
prior to the computation date. The director then shall determine	13642
the positive or negative balance of each employer's account by	13643
calculating the excess of such contributions and interest over the	13644
benefits chargeable, or the excess of such benefits over such	13645
contributions and interest. Any resulting negative balance then	13646
shall be subject to adjustment as provided in division (A)(2) of	13647
section 4141.24 of the Revised Code after which the positive or	13648
negative balance shall be expressed in terms of a percentage of	13649
the employer's average annual payroll. If the total standing to	13650
the credit of an employer's account exceeds the total charges, as	13651
provided in this division, the employer has a positive balance and	13652
if such charges exceed such credits the employer has a negative	13653
balance. Each employer's contribution rate shall then be	13654
determined in accordance with the following schedule:	13655

Contribution Rate Schedule	13656

If, as of the computation date		The employer's	13657
the contribution rate balance of		contribution rate for	13658
an employer's account as a		the next succeeding	13659
percentage of the employer's		contribution period	13660
average annual payroll is		shall be	13661
(a)	A negative balance of:		13662
	20.0% or more	6.5%	13663
	19.0% but less than 20.0%	6.4%	13664
	17.0% but less than 19.0%	6.3%	13665
	15.0% but less than 17.0%	6.2%	13666
	13.0% but less than 15.0%	6.1%	13667
	11.0% but less than 13.0%	6.0%	13668
	9.0% but less than 11.0%	5.9%	13669
	5.0% but less than 9.0%	5.7%	13670
	4.0% but less than 5.0%	5.5%	13671
	3.0% but less than 4.0%	5.3%	13672
	2.0% but less than 3.0%	5.1%	13673
	1.0% but less than 2.0%	4.9%	13674
	more than 0.0% but less than 1.0%	4.8%	13675
(b)	A 0.0% or a positive		13676
	balance of less than 1.0%	4.7%	13677
(c)	A positive balance of:		13678
	1.0% or more, but less than 1.5%	4.6%	13679
	1.5% or more, but less than 2.0%	4.5%	13680
	2.0% or more, but less than 2.5%	4.3%	13681
	2.5% or more, but less than 3.0%	4.0%	13682
	3.0% or more, but less than 3.5%	3.8%	13683
	3.5% or more, but less than 4.0%	3.5%	13684
	4.0% or more, but less than 4.5%	3.3%	13685
	4.5% or more, but less than 5.0%	3.0%	13686
	5.0% or more, but less than 5.5%	2.8%	13687
	5.5% or more, but less than 6.0%	2.5%	13688
	6.0% or more, but less than 6.5%	2.2%	13689
	6.5% or more, but less than 7.0%	2.0%	13690
	7.0% or more, but less than 7.5%	1.8%	13691
	7.5% or more, but less than 8.0%	1.6%	13692
	8.0% or more, but less than 8.5%	1.4%	13693
	8.5% or more, but less than 9.0%	1.3%	13694
	9.0% or more, but less than 9.5%	1.1%	13695
	9.5% or more, but less than 10.0%	1.0%	13696
	10.0% or more, but less than 10.5%	.9%	13697
	10.5% or more, but less than 11.0%	.7%	13698
	11.0% or more, but less than 11.5%	.6%	13699
	11.5% or more, but less than 12.0%	.5%	13700
	12.0% or more, but less than 12.5%	.4%	13701
	12.5% or more, but less than 13.0%	.3%	13702
	13.0% or more, but less than 14.0%	.2%	13703
	14.0% or more	.1%	13704

(d) The contribution rates shall be as specified in divisions	13705
(a), (b), and (c) of the contribution rate schedule except that	13706
notwithstanding the amendments made to division (a) of the	13707
contribution rate schedule in this section, if, as of the	13708
computation date: for 1991, the negative balance is 5.0% or more,	13709
the contribution rate shall be 5.7%; for 1992, if the negative	13710
balance is 11.0% or more, the contribution rate shall be 6.0%; and	13711
for 1993, if the negative balance is 17.0% or more, the	13712
contribution rate shall be 6.3%. Thereafter, the contribution	13713
rates shall be as specified in the contribution rate schedule.	13714

(B)(1) The director shall establish and maintain a separate	13715
account to be known as the "mutualized account." As of each	13716
computation date there shall be charged to this account:	13717

(a) As provided in division (A)(2) of section 4141.24 of the	13718
Revised Code, an amount equal to the sum of that portion of the	13719
negative balances of employer accounts which exceeds the	13720
applicable limitations as such balances are computed under	13721
division (A) of this section as of such date;	13722

(b) An amount equal to the sum of the negative balances	13723
remaining in employer accounts which have been closed during the	13724
year immediately preceding such computation date pursuant to	13725
division (E) of section 4141.24 of the Revised Code;	13726

(c) An amount equal to the sum of all benefits improperly	13727
paid preceding such computation date which are not recovered but	13728
which are not charged to an employer's account, or which after	13729
being charged, are credited back to an employer's account;	13730

(d) An amount equal to the sum of any other benefits paid	13731
preceding such computation date which, under this chapter, are not	13732
chargeable to an employer's account;	13733

(e) An amount equal to the sum of any refunds made during the	13734
year immediately preceding such computation date of erroneously	13735
collected mutualized contributions required by this division which	13736
were previously credited to this account;	13737

(f) An amount equal to the sum of any repayments made to the	13738
federal government during the year immediately preceding such	13739
computation date of amounts which may have been advanced by it to	13740
the unemployment compensation fund under section 1201 of the	13741
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;	13742

(g) Any amounts appropriated by the general assembly out of	13743
funds paid by the federal government, under section 903 of the	13744
"Social Security Act," to the account of this state in the federal	13745
unemployment trust fund.	13746

(2) As of every computation date there shall be credited to	13747
the mutualized account provided for in this division:	13748

(a) The proceeds of the mutualized contributions as provided	13749
in this division;	13750

(b) Any positive balances remaining in employer accounts	13751
which are closed as provided in division (E) of section 4141.24 of	13752
the Revised Code;	13753

(c) Any benefits improperly paid which are recovered but	13754
which cannot be credited to an employer's account;	13755

(d) All amounts which may be paid by the federal government	13756
under section 903 of the "Social Security Act" to the account of	13757
this state in the federal unemployment trust fund;	13758

(e) Amounts advanced by the federal government to the account	13759
of this state in the federal unemployment trust fund under section	13760
1201 of the "Social Security Act" to the extent such advances have	13761
been repaid to or recovered by the federal government;	13762

(f) Interest credited to the Ohio unemployment trust fund as	13763
deposited with the secretary of the treasury of the United States;	13764

(g) Amounts deposited into the unemployment compensation fund	13765
for penalties collected pursuant to division (A)(4) of section	13766
4141.35 of the Revised Code.	13767

(3) Annually, as of the computation date, the director shall	13768
determine the total credits and charges made to the mutualized	13769
account during the preceding twelve months and the overall	13770
condition of the account. The director shall issue an annual	13771
statement containing this information and such other information	13772
as the director deems pertinent, including a report that the sum	13773
of the balances in the mutualized account, employers' accounts,	13774
and any subsidiary accounts equal the balance in the state's	13775
unemployment trust fund maintained under section 904 of the	13776
"Social Security Act."	13777

(4) As used in this division:

13778

(a) "Fund as of the computation date" means as of any	13779
computation date, the aggregate amount of the unemployment	13780
compensation fund, including all contributions owing on the	13781
computation date that are paid within thirty days thereafter, all	13782
payments in lieu of contributions that are paid within sixty days	13783
after the computation date, all reimbursements of the federal	13784
share of extended benefits described in section 4141.301 of the	13785
Revised Code that are owing on the computation date, and all	13786
interest earned by the fund and received on or before the	13787
computation date from the federal government.	13788

(b) "Minimum safe level" means an amount equal to two	13789
standard deviations above the average of the adjusted annual	13790
average unemployment compensation benefit payment from 1970 to the	13791
most recent calendar year prior to the computation date, as	13792
determined by the director pursuant to division (B)(4)(b) of this	13793
section. To determine the adjusted annual payment of unemployment	13794
compensation benefits, the director first shall multiply the	13795
number of weeks compensated during each calendar year beginning	13796
with 1970 by the most recent annual average weekly unemployment	13797
compensation benefit payment and then compute the average and	13798
standard deviation of the resultant products.	13799

(c) "Annual average weekly unemployment compensation benefit	13800
payment" means the amount resulting from dividing the unemployment	13801
compensation benefits paid from the benefit account maintained	13802
within the unemployment compensation fund pursuant to section	13803
4141.09 of the Revised Code, by the number of weeks compensated	13804
during the same time period.	13805

(5) If, as of any computation date, the charges to the	13806
mutualized account during the entire period subsequent to the	13807
computation date, July 1, 1966, made in accordance with division	13808
(B)(1) of this section, exceed the credits to such account	13809
including mutualized contributions during such period, made in	13810
accordance with division (B)(2) of this section, the amount of	13811
such excess charges shall be recovered during the next	13812
contribution period. To recover such amount, the director shall	13813
compute the percentage ratio of such excess charges to the average	13814
annual payroll of all employers eligible for an experience rate	13815
under division (A) of this section. The percentage so determined	13816
shall be computed to the nearest tenth of one per cent and shall	13817
be an additional contribution rate to be applied to the wages paid	13818
by each employer whose rate is computed under the provisions of	13819
division (A) of this section in the contribution period next	13820
following such computation date, but such percentage shall not	13821
exceed five-tenths of one per cent; however, when there are any	13822
excess charges in the mutualized account, as computed in this	13823
division, then the mutualized contribution rate shall not be less	13824
than one-tenth of one per cent.	13825

(6) If the fund as of the computation date is above or below	13826
minimum safe level, the contribution rates provided for in each	13827
classification in division (A)(3) of this section for the next	13828
contribution period shall be adjusted as follows:	13829

(a) If the fund is thirty per cent or more above minimum safe	13830
level, the contribution rates provided in division (A)(3) of this	13831
section shall be decreased two-tenths of one per cent.	13832

(b) If the fund is more than fifteen per cent but less than	13833
thirty per cent above minimum safe level, the contribution rates	13834
provided in division (A)(3) of this section shall be decreased	13835
one-tenth of one per cent.	13836

(c) If the fund is more than fifteen per cent but less than	13837
thirty per cent below minimum safe level, the contribution rates	13838
of all employers shall be increased twenty-five one-thousandths of	13839
one per cent plus a per cent increase calculated and rounded	13840
pursuant to division (B)(6)(g) of this section.	13841

(d) If the fund is more than thirty per cent but less than	13842
forty-five per cent below minimum safe level, the contribution	13843
rates of all employers shall be increased seventy-five	13844
one-thousandths of one per cent plus a per cent increase	13845
calculated and rounded pursuant to division (B)(6)(g) of this	13846
section.	13847

(e) If the fund is more than forty-five per cent but less	13848
than sixty per cent below minimum safe level, the contribution	13849
rates of all employers shall be increased one-eighth of one per	13850
cent plus a per cent increase calculated and rounded pursuant to	13851
division (B)(6)(g) of this section.	13852

(f) If the fund is sixty per cent or more below minimum safe	13853
level, the contribution rates of all employers shall be increased	13854
two-tenths of one per cent plus a per cent increase calculated and	13855
rounded pursuant to division (B)(6)(g) of this section.	13856

(g) The additional per cent increase in contribution rates	13857
required by divisions (B)(6)(c), (d), (e), and (f) of this section	13858
that is payable by each individual employer shall be calculated in	13859
the following manner. The flat rate increase required by a	13860
particular division shall be multiplied by three and the product	13861
divided by the average experienced-rated contribution rate for all	13862
employers as determined by the director for the most recent	13863
calendar year. The resulting quotient shall be multiplied by an	13864
individual employer's contribution rate determined pursuant to	13865
division (A)(3) of this section. The resulting product shall be	13866
rounded to the nearest tenth of one per cent, added to the flat	13867
rate increase required by division (B)(6)(c), (d), (e), or (f) of	13868
this section, as appropriate, and the total shall be rounded to	13869
the nearest tenth of one per cent. As used in division (B)(6)(g)	13870
of this section, the "average experienced-rated contribution rate"	13871
means the most recent annual average contribution rate reported by	13872
the director contained in report RS 203.2 less the mutualized and	13873
minimum safe level contribution rates included in such rate.	13874

(h) If any of the increased contribution rates of division	13875
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate	13876
shall remain in effect for the calendar year in which it is	13877
imposed and for each calendar year thereafter until the director	13878
determines as of the computation date for calendar year 1991 and	13879
as of the computation date for any calendar year thereafter	13880
pursuant to this section, that the level of the unemployment	13881
compensation fund equals or exceeds the minimum safe level as	13882
defined in division (B)(4)(b) of this section. Nothing in division	13883
(B)(6)(h) of this section shall be construed as restricting the	13884
imposition of the increased contribution rates provided in	13885
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund	13886
falls below the percentage of the minimum safe level as specified	13887
in those divisions.	13888

(7) The additional contributions required by division (B)(5)	13889
of this section shall be credited to the mutualized account. The	13890
additional contributions required by division (B)(6) of this	13891
section shall be credited fifty per cent to individual employer	13892
accounts and fifty per cent to the mutualized account.	13893

(C) If an employer makes a payment of contributions which is	13894
less than the full amount required by this section and sections	13895
4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, and	13896
4141.27 of the Revised Code, such partial payment shall be applied	13897
first against the mutualized contributions required under this	13898
chapter. Any remaining partial payment shall be credited to the	13899
employer's individual account.	13900

(D) Whenever there are any increases in contributions	13901
resulting from an increase in wages subject to contributions as	13902
defined in division (G) of section 4141.01 of the Revised Code, or	13903
from an increase in the mutualized rate of contributions provided	13904
in division (B) of this section, or from a revision of the	13905
contribution rate schedule provided in division (A) of this	13906
section, except for that portion of the increase attributable to a	13907
change in the positive or negative balance in an employer's	13908
account, which increases become effective after a contract for the	13909
construction of real property, as defined in section 5701.02 of	13910
the Revised Code, has been entered into, the contractee upon	13911
written notice by a prime contractor shall reimburse the	13912
contractor for all increased contributions paid by the prime	13913
contractor or by subcontractors upon wages for services performed	13914
under the contract. Upon reimbursement by the contractee to the	13915
prime contractor, the prime contractor shall reimburse each	13916
subcontractor for the increased contributions.	13917

(E) Effective only for the contribution period beginning on	13918
January 1, 1996, and ending on December 31, 1996, mutualized	13919
contributions collected or received by the director pursuant to	13920
division (B)(5) of this section and amounts credited to the	13921
mutualized account pursuant to division (B)(7) of this section	13922
shall be deposited into or credited to the unemployment	13923
compensation benefit reserve fund that is created under division	13924
(F) of this section, except that amounts collected, received, or	13925
credited in excess of two hundred million dollars shall be	13926
deposited into or credited to the unemployment trust fund	13927
established pursuant to section 4141.09 of the Revised Code.	13928

(F) The state unemployment compensation benefit reserve fund	13929
is hereby created as a trust fund in the custody of the treasurer	13930
of state and shall not be part of the state treasury. The fund	13931
shall consist of all moneys collected or received as mutualized	13932
contributions pursuant to division (B)(5) of this section and	13933
amounts credited to the mutualized account pursuant to division	13934
(B)(7) of this section as provided by division (E) of this	13935
section. All moneys in the fund shall be used solely to pay	13936
unemployment compensation benefits in the event that funds are no	13937
longer available for that purpose from the unemployment trust fund	13938
established pursuant to section 4141.09 of the Revised Code.	13939

(G) The balance in the unemployment compensation benefit	13940
reserve fund remaining at the end of the contribution period	13941
beginning January 1, 2000, and any mutualized contribution amounts	13942
for the contribution period beginning on January 1, 1996, that may	13943
be received after December 31, 2000, shall be deposited into the	13944
unemployment trust fund established pursuant to section 4141.09 of	13945
the Revised Code. Income earned on moneys in the state	13946
unemployment compensation benefit reserve fund shall be available	13947
for use by the director only for the purposes described in	13948
division (I) of this section, and shall not be used for any other	13949
purpose.	13950

(H) The unemployment compensation benefit reserve fund	13951
balance shall be added to the unemployment trust fund balance in	13952
determining the minimum safe level tax to be imposed pursuant to	13953
division (B) of this section and shall be included in the	13954
mutualized account balance for the purpose of determining the	13955
mutualized contribution rate pursuant to division (B)(5) of this	13956
section.	13957

(I) All income earned on moneys in the unemployment	13958
compensation benefit reserve fund from the investment of the fund	13959
by the treasurer of state shall accrue to the department of job	13960
and family services automation administration fund, which is	13961
hereby established in the state treasury. Moneys within the	13962
automation administration fund shall be used to meet the costs	13963
related to automation of the department and the administrative	13964
costs related to collecting and accounting for unemployment	13965
compensation benefit reserve fund revenue. Any funds remaining in	13966
the automation administration fund upon completion of the	13967
department's automation projects that are funded by that fund	13968
shall be deposited into the unemployment trust fund established	13969
pursuant to section 4141.09 of the Revised Code.	13970

(J) The director shall prepare and submit monthly reports to	13971
the unemployment compensation advisory commission with respect to	13972
the status of efforts to collect and account for unemployment	13973
compensation benefit reserve fund revenue and the costs related to	13974
collecting and accounting for that revenue. The director shall	13975
obtain approval from the unemployment compensation advisory	13976
commission for expenditure of funds from the department of job and	13977
family services automation administration fund. Funds may be	13978
approved for expenditure for purposes set forth in division (I) of	13979
this section only to the extent that federal or other funds are	13980
not available.	13981

Sec. 4141.29. Each eligible individual shall receive	13982
benefits as compensation for loss of remuneration due to	13983
involuntary total or partial unemployment in the amounts and	13984
subject to the conditions stipulated in this chapter.	13985

(A) No individual is entitled to a waiting period or benefits	13986
for any week unless the individual:	13987

(1) Has filed a valid application for determination of	13988
benefit rights in accordance with section 4141.28 of the Revised	13989
Code;	13990

(2) Has made a claim for benefits in accordance with section	13991
4141.28 of the Revised Code;	13992

(3)(a) Has registered for work and thereafter continues to	13993
report to an employment office or other registration place	13994
maintained or designated by the director of job and family	13995
services. Registration shall be made in accordance with the time	13996
limits, frequency, and manner prescribed by the director.	13997

(b) For purposes of division (A)(3) of this section, an	13998
individual has "registered" upon doing any of the following:	13999

(i) Filing an application for benefit rights;

14000

(ii) Making a weekly claim for benefits;

14001

(iii) Reopening an existing claim following a period of	14002
employment or nonreporting.	14003

(c) After an applicant is registered, that registration	14004
continues for a period of three calendar weeks, including the week	14005
during which the applicant registered. However, an individual is	14006
not registered for purposes of division (A)(3) of this section	14007
during any period in which the individual fails to report, as	14008
instructed by the director, or fails to reopen an existing claim	14009
following a period of employment.	14010

(d) The director may, for good cause, extend the period of	14011
registration.	14012

(e) For purposes of this section, "report" means contact by	14013
phone, access electronically, or be present for an in-person	14014
appointment, as designated by the director.	14015

(4)(a)(i) Is able to work and available for suitable work	14016
and, except as provided in division (A)(4)(a)(ii) or (iii) of this	14017
section, is actively seeking suitable work either in a locality in	14018
which the individual has earned wages subject to this chapter	14019
during the individual's base period, or if the individual leaves	14020
that locality, then in a locality where suitable work normally is	14021
performed.	14022

(ii) The director may waive the requirement that a claimant	14023
be actively seeking work when the director finds that the	14024
individual has been laid off and the employer who laid the	14025
individual off has notified the director within ten days after the	14026
layoff, that work is expected to be available for the individual	14027
within a specified number of days not to exceed forty-five	14028
calendar days following the last day the individual worked. In the	14029
event the individual is not recalled within the specified period,	14030
this waiver shall cease to be operative with respect to that	14031
layoff.	14032

(iii) The director may waive the requirement that a claimant	14033
be actively seeking work if the director determines that the	14034
individual has been laid off and the employer who laid the	14035
individual off has notified the director in accordance with	14036
division (C) of section 4141.28 of the Revised Code that the	14037
employer has closed the employer's entire plant or part of the	14038
employer's plant for a purpose other than inventory or vacation	14039
that will cause unemployment for a definite period not exceeding	14040
twenty-six weeks beginning on the date the employer notifies the	14041
director, for the period of the specific shutdown, if all of the	14042
following apply:	14043

(I) The employer and the individuals affected by the layoff	14044
who are claiming benefits under this chapter jointly request the	14045
exemption.	14046

(II) The employer provides that the affected individuals	14047
shall return to work for the employer within twenty-six weeks	14048
after the date the employer notifies the director.	14049

(III) The director determines that the waiver of the active	14050
search for work requirement will promote productivity and economic	14051
stability within the state.	14052

(iv) Division (A)(4)(a)(iii) of this section does not exempt	14053
an individual from meeting the other requirements specified in	14054
division (A)(4)(a)(i) of this section to be able to work and	14055
otherwise fully be available for work. An exemption granted under	14056
division (A)(4)(a)(iii) of this section may be granted only with	14057
respect to a specific plant closing.	14058

(b)(i) The individual shall be instructed as to the efforts	14059
that the individual must make in the search for suitable work,	14060
including that, within six months after ~~the effective date of this~~	14061
~~amendment~~October 11, 2013, the individual shall register with	14062
OhioMeansJobs, except in any of the following circumstances:	14063

(I) The individual is an individual described in division	14064
(A)(4)(b)(iii) of this section;	14065

(II) Where the active search for work requirement has been	14066
waived under division (A)(4)(a) of this section;	14067

(III) Where the active search for work requirement is	14068
considered to be met under division (A)(4)(c), (d), or (e) of this	14069
section.	14070

(ii) An individual who is registered with OhioMeansJobs shall	14071
receive a weekly listing of available jobs based on information	14072
provided by the individual at the time of registration. For each	14073
week that the individual claims benefits, the individual shall	14074
keep a record of the individual's work search efforts and shall	14075
produce that record in the manner and means prescribed by the	14076
director.	14077

(iii) No individual shall be required to register with	14078
OhioMeansJobs if the individual is legally prohibited from using a	14079
computer, has a physical or visual impairment that makes the	14080
individual unable to use a computer, or has a limited ability to	14081
read, write, speak, or understand a language in which	14082
OhioMeansJobs is available.	14083

(iv) As used in division (A)(4)(b) of this section:

14084

(I) "OhioMeansJobs" means the electronic job placement system	14085
operated by the state.	14086

(II) "Registration" includes the creation, electronic	14087
posting, and maintenance of an active, searchable resume.	14088

(c) An individual who is attending a training course approved	14089
by the director meets the requirement of this division, if	14090
attendance was recommended by the director and the individual is	14091
regularly attending the course and is making satisfactory	14092
progress. An individual also meets the requirements of this	14093
division if the individual is participating and advancing in a	14094
training program, as defined in division (P) of section 5709.61 of	14095
the Revised Code, and if an enterprise, defined in division (B) of	14096
section 5709.61 of the Revised Code, is paying all or part of the	14097
cost of the individual's participation in the training program	14098
with the intention of hiring the individual for employment as a	14099
new employee, as defined in division (L) of section 5709.61 of the	14100
Revised Code, for at least ninety days after the individual's	14101
completion of the training program.	14102

(d) An individual who becomes unemployed while attending a	14103
regularly established school and whose base period qualifying	14104
weeks were earned in whole or in part while attending that school,	14105
meets the availability and active search for work requirements of	14106
division (A)(4)(a) of this section if the individual regularly	14107
attends the school during weeks with respect to which the	14108
individual claims unemployment benefits and makes self available	14109
on any shift of hours for suitable employment with the	14110
individual's most recent employer or any other employer in the	14111
individual's base period, or for any other suitable employment to	14112
which the individual is directed, under this chapter.	14113

(e) An individual who is a member in good standing with a	14114
labor organization that refers individuals to jobs meets the	14115
active search for work requirement specified in division (A)(4)(a)	14116
of this section if the individual provides documentation that the	14117
individual is eligible for a referral or placement upon request	14118
and in a manner prescribed by the director.	14119

(f) Notwithstanding any other provisions of this section, no	14120
otherwise eligible individual shall be denied benefits for any	14121
week because the individual is in training approved under section	14122
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	14123
2296, nor shall that individual be denied benefits by reason of	14124
leaving work to enter such training, provided the work left is not	14125
suitable employment, or because of the application to any week in	14126
training of provisions in this chapter, or any applicable federal	14127
unemployment compensation law, relating to availability for work,	14128
active search for work, or refusal to accept work.	14129

For the purposes of division (A)(4)(f) of this section,	14130
"suitable employment" means with respect to an individual, work of	14131
a substantially equal or higher skill level than the individual's	14132
past adversely affected employment, as defined for the purposes of	14133
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	14134
wages for such work at not less than eighty per cent of the	14135
individual's average weekly wage as determined for the purposes of	14136
that federal act.	14137

(5) Is unable to obtain suitable work. An individual who is	14138
provided temporary work assignments by the individual's employer	14139
under agreed terms and conditions of employment, and who is	14140
required pursuant to those terms and conditions to inquire with	14141
the individual's employer for available work assignments upon the	14142
conclusion of each work assignment, is not considered unable to	14143
obtain suitable employment if suitable work assignments are	14144
available with the employer but the individual fails to contact	14145
the employer to inquire about work assignments.	14146

(6) Participates in reemployment services, such as job search	14147
assistance services, if the individual has been determined to be	14148
likely to exhaust benefits under this chapter, including	14149
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	14150
extended compensation, and needs reemployment services pursuant to	14151
the profiling system established by the director under division	14152
(K) of this section, unless the director determines that:	14153

(a) The individual has completed such services; or

14154

(b) There is justifiable cause for the claimant's failure to	14155
participate in such services.	14156

Ineligibility for failure to participate in reemployment	14157
services as described in division (A)(6) of this section shall be	14158
for the week or weeks in which the claimant was scheduled and	14159
failed to participate without justifiable cause.	14160

(7) Participates in the reemployment and eligibility	14161
assessment program, or other reemployment services, as required by	14162
the director. As used in division (A)(7) of this section,	14163
"reemployment services" includes job search assistance activities,	14164
skills assessments, and the provision of labor market statistics	14165
or analysis.	14166

(a) For purposes of division (A)(7) of this section,	14167
participation is required unless the director determines that	14168
either of the following circumstances applies to the individual:	14169

(i) The individual has completed similar services.

14170

(ii) Justifiable cause exists for the failure of the	14171
individual to participate in those services.	14172

(b) Within six months after ~~the effective date of this~~	14173
~~amendment~~October 11, 2013, notwithstanding any earlier contact an	14174
individual may have had with a local one-stop county office,	14175
including as described in section 6301.08 of the Revised Code,	14176
beginning with the eighth week after the week during which an	14177
individual first files a valid application for determination of	14178
benefit rights in the individual's benefit year, the individual	14179
shall report to a local one-stop county office for reemployment	14180
services in the manner prescribed by the director.	14181

(c) An individual whose active search for work requirement	14182
has been waived under division (A)(4)(a) of this section or is	14183
considered to be satisfied under division (A)(4)(c), (d), or (e)	14184
of this section is exempt from the requirements of division (A)(7)	14185
of this section.	14186

(B) An individual suffering total or partial unemployment is	14187
eligible for benefits for unemployment occurring subsequent to a	14188
waiting period of one week and no benefits shall be payable during	14189
this required waiting period. Not more than one week of waiting	14190
period shall be required of any individual in any benefit year in	14191
order to establish the individual's eligibility for total or	14192
partial unemployment benefits.	14193

(C) The waiting period for total or partial unemployment	14194
shall commence on the first day of the first week with respect to	14195
which the individual first files a claim for benefits at an	14196
employment office or other place of registration maintained or	14197
designated by the director or on the first day of the first week	14198
with respect to which the individual has otherwise filed a claim	14199
for benefits in accordance with the rules of the department of job	14200
and family services, provided such claim is allowed by the	14201
director.	14202

(D) Notwithstanding division (A) of this section, no	14203
individual may serve a waiting period or be paid benefits under	14204
the following conditions:	14205

(1) For any week with respect to which the director finds	14206
that:	14207

(a) The individual's unemployment was due to a labor dispute	14208
other than a lockout at any factory, establishment, or other	14209
premises located in this or any other state and owned or operated	14210
by the employer by which the individual is or was last employed;	14211
and for so long as the individual's unemployment is due to such	14212
labor dispute. No individual shall be disqualified under this	14213
provision if either of the following applies:	14214

(i) The individual's employment was with such employer at any	14215
factory, establishment, or premises located in this state, owned	14216
or operated by such employer, other than the factory,	14217
establishment, or premises at which the labor dispute exists, if	14218
it is shown that the individual is not financing, participating	14219
in, or directly interested in such labor dispute;	14220

(ii) The individual's employment was with an employer not	14221
involved in the labor dispute but whose place of business was	14222
located within the same premises as the employer engaged in the	14223
dispute, unless the individual's employer is a wholly owned	14224
subsidiary of the employer engaged in the dispute, or unless the	14225
individual actively participates in or voluntarily stops work	14226
because of such dispute. If it is established that the claimant	14227
was laid off for an indefinite period and not recalled to work	14228
prior to the dispute, or was separated by the employer prior to	14229
the dispute for reasons other than the labor dispute, or that the	14230
individual obtained a bona fide job with another employer while	14231
the dispute was still in progress, such labor dispute shall not	14232
render the employee ineligible for benefits.	14233

(b) The individual has been given a disciplinary layoff for	14234
misconduct in connection with the individual's work.	14235

(2) For the duration of the individual's unemployment if the	14236
director finds that:	14237

(a) The individual quit work without just cause or has been	14238
discharged for just cause in connection with the individual's	14239
work, provided division (D)(2) of this section does not apply to	14240
the separation of a person under any of the following	14241
circumstances:	14242

(i) Separation from employment for the purpose of entering	14243
the armed forces of the United States if the individual is	14244
inducted into the armed forces within one of the following	14245
periods:	14246

(I) Thirty days after separation;

14247

(II) One hundred eighty days after separation if the	14248
individual's date of induction is delayed solely at the discretion	14249
of the armed forces.	14250

(ii) Separation from employment pursuant to a	14251
labor-management contract or agreement, or pursuant to an	14252
established employer plan, program, or policy, which permits the	14253
employee, because of lack of work, to accept a separation from	14254
employment;	14255

(iii) The individual has left employment to accept a recall	14256
from a prior employer or, except as provided in division	14257
(D)(2)(a)(iv) of this section, to accept other employment as	14258
provided under section 4141.291 of the Revised Code, or left or	14259
was separated from employment that was concurrent employment at	14260
the time of the most recent separation or within six weeks prior	14261
to the most recent separation where the remuneration, hours, or	14262
other conditions of such concurrent employment were substantially	14263
less favorable than the individual's most recent employment and	14264
where such employment, if offered as new work, would be considered	14265
not suitable under the provisions of divisions (E) and (F) of this	14266
section. Any benefits that would otherwise be chargeable to the	14267
account of the employer from whom an individual has left	14268
employment or was separated from employment that was concurrent	14269
employment under conditions described in division (D)(2)(a)(iii)	14270
of this section, shall instead be charged to the mutualized	14271
account created by division (B) of section 4141.25 of the Revised	14272
Code, except that any benefits chargeable to the account of a	14273
reimbursing employer under division (D)(2)(a)(iii) of this section	14274
shall be charged to the account of the reimbursing employer and	14275
not to the mutualized account, except as provided in division	14276
(D)(2) of section 4141.24 of the Revised Code.	14277

(iv) When an individual has been issued a definite layoff	14278
date by the individual's employer and before the layoff date, the	14279
individual quits to accept other employment, the provisions of	14280
division (D)(2)(a)(iii) of this section apply and no	14281
disqualification shall be imposed under division (D) of this	14282
section. However, if the individual fails to meet the employment	14283
and earnings requirements of division (A)(2) of section 4141.291	14284
of the Revised Code, then the individual, pursuant to division	14285
(A)(5) of this section, shall be ineligible for benefits for any	14286
week of unemployment that occurs prior to the layoff date.	14287

(b) The individual has refused without good cause to accept	14288
an offer of suitable work when made by an employer either in	14289
person or to the individual's last known address, or has refused	14290
or failed to investigate a referral to suitable work when directed	14291
to do so by a local employment office of this state or another	14292
state, provided that this division shall not cause a	14293
disqualification for a waiting week or benefits under the	14294
following circumstances:	14295

(i) When work is offered by the individual's employer and the	14296
individual is not required to accept the offer pursuant to the	14297
terms of the labor-management contract or agreement; or	14298

(ii) When the individual is attending a training course	14299
pursuant to division (A)(4) of this section except, in the event	14300
of a refusal to accept an offer of suitable work or a refusal or	14301
failure to investigate a referral, benefits thereafter paid to	14302
such individual shall not be charged to the account of any	14303
employer and, except as provided in division (B)(1)(b) of section	14304
4141.241 of the Revised Code, shall be charged to the mutualized	14305
account as provided in division (B) of section 4141.25 of the	14306
Revised Code.	14307

(c) Such individual quit work to marry or because of marital,	14308
parental, filial, or other domestic obligations.	14309

(d) The individual became unemployed by reason of commitment	14310
to any correctional institution.	14311

(e) The individual became unemployed because of dishonesty in	14312
connection with the individual's most recent or any base period	14313
work. Remuneration earned in such work shall be excluded from the	14314
individual's total base period remuneration and qualifying weeks	14315
that otherwise would be credited to the individual for such work	14316
in the individual's base period shall not be credited for the	14317
purpose of determining the total benefits to which the individual	14318
is eligible and the weekly benefit amount to be paid under section	14319
4141.30 of the Revised Code. Such excluded remuneration and	14320
noncredited qualifying weeks shall be excluded from the	14321
calculation of the maximum amount to be charged, under division	14322
(D) of section 4141.24 and section 4141.33 of the Revised Code,	14323
against the accounts of the individual's base period employers. In	14324
addition, no benefits shall thereafter be paid to the individual	14325
based upon such excluded remuneration or noncredited qualifying	14326
weeks.	14327

For purposes of division (D)(2)(e) of this section,	14328
"dishonesty" means the commission of substantive theft, fraud, or	14329
deceitful acts.	14330

(E) No individual otherwise qualified to receive benefits	14331
shall lose the right to benefits by reason of a refusal to accept	14332
new work if:	14333

(1) As a condition of being so employed the individual would	14334
be required to join a company union, or to resign from or refrain	14335
from joining any bona fide labor organization, or would be denied	14336
the right to retain membership in and observe the lawful rules of	14337
any such organization.	14338

(2) The position offered is vacant due directly to a strike,	14339
lockout, or other labor dispute.	14340

(3) The work is at an unreasonable distance from the	14341
individual's residence, having regard to the character of the work	14342
the individual has been accustomed to do, and travel to the place	14343
of work involves expenses substantially greater than that required	14344
for the individual's former work, unless the expense is provided	14345
for.	14346

(4) The remuneration, hours, or other conditions of the work	14347
offered are substantially less favorable to the individual than	14348
those prevailing for similar work in the locality.	14349

(F) Subject to the special exceptions contained in division	14350
(A)(4)(f) of this section and section 4141.301 of the Revised	14351
Code, in determining whether any work is suitable for a claimant	14352
in the administration of this chapter, the director, in addition	14353
to the determination required under division (E) of this section,	14354
shall consider the degree of risk to the claimant's health,	14355
safety, and morals, the individual's physical fitness for the	14356
work, the individual's prior training and experience, the length	14357
of the individual's unemployment, the distance of the available	14358
work from the individual's residence, and the individual's	14359
prospects for obtaining local work.	14360

(G) The "duration of unemployment" as used in this section	14361
means the full period of unemployment next ensuing after a	14362
separation from any base period or subsequent work and until an	14363
individual has become reemployed in employment subject to this	14364
chapter, or the unemployment compensation act of another state, or	14365
of the United States, and until such individual has worked six	14366
weeks and for those weeks has earned or been paid remuneration	14367
equal to six times an average weekly wage of not less than:	14368
eighty-five dollars and ten cents per week beginning on June 26,	14369
1990; and beginning on and after January 1, 1992, twenty-seven and	14370
one-half per cent of the statewide average weekly wage as computed	14371
each first day of January under division (B)(3) of section 4141.30	14372
of the Revised Code, rounded down to the nearest dollar, except	14373
for purposes of division (D)(2)(c) of this section, such term	14374
means the full period of unemployment next ensuing after a	14375
separation from such work and until such individual has become	14376
reemployed subject to the terms set forth above, and has earned	14377
wages equal to one-half of the individual's average weekly wage or	14378
sixty dollars, whichever is less.	14379

(H) If a claimant is disqualified under division (D)(2)(a),	14380
(c), or (d) of this section or found to be qualified under the	14381
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	14382
this section or division (A)(2) of section 4141.291 of the Revised	14383
Code, then benefits that may become payable to such claimant,	14384
which are chargeable to the account of the employer from whom the	14385
individual was separated under such conditions, shall be charged	14386
to the mutualized account provided in section 4141.25 of the	14387
Revised Code, provided that no charge shall be made to the	14388
mutualized account for benefits chargeable to a reimbursing	14389
employer, except as provided in division (D)(2) of section 4141.24	14390
of the Revised Code. In the case of a reimbursing employer, the	14391
director shall refund or credit to the account of the reimbursing	14392
employer any over-paid benefits that are recovered under division	14393
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	14394
other states, the United States, or Canada that are subject to	14395
agreements and arrangements that are established pursuant to	14396
section 4141.43 of the Revised Code shall be credited or	14397
reimbursed according to the agreements and arrangements to which	14398
the chargeable amounts are subject.	14399

(I)(1) Benefits based on service in employment as provided in	14400
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	14401
shall be payable in the same amount, on the same terms, and	14402
subject to the same conditions as benefits payable on the basis of	14403
other service subject to this chapter; except that after December	14404
31, 1977:	14405

(a) Benefits based on service in an instructional, research,	14406
or principal administrative capacity in an institution of higher	14407
education, as defined in division (Y) of section 4141.01 of the	14408
Revised Code; or for an educational institution as defined in	14409
division (CC) of section 4141.01 of the Revised Code, shall not be	14410
paid to any individual for any week of unemployment that begins	14411
during the period between two successive academic years or terms,	14412
or during a similar period between two regular but not successive	14413
terms or during a period of paid sabbatical leave provided for in	14414
the individual's contract, if the individual performs such	14415
services in the first of those academic years or terms and has a	14416
contract or a reasonable assurance that the individual will	14417
perform services in any such capacity for any such institution in	14418
the second of those academic years or terms.	14419

(b) Benefits based on service for an educational institution	14420
or an institution of higher education in other than an	14421
instructional, research, or principal administrative capacity,	14422
shall not be paid to any individual for any week of unemployment	14423
which begins during the period between two successive academic	14424
years or terms of the employing educational institution or	14425
institution of higher education, provided the individual performed	14426
those services for the educational institution or institution of	14427
higher education during the first such academic year or term and,	14428
there is a reasonable assurance that such individual will perform	14429
those services for any educational institution or institution of	14430
higher education in the second of such academic years or terms.	14431

If compensation is denied to any individual for any week	14432
under division (I)(1)(b) of this section and the individual was	14433
not offered an opportunity to perform those services for an	14434
institution of higher education or for an educational institution	14435
for the second of such academic years or terms, the individual is	14436
entitled to a retroactive payment of compensation for each week	14437
for which the individual timely filed a claim for compensation and	14438
for which compensation was denied solely by reason of division	14439
(I)(1)(b) of this section. An application for retroactive benefits	14440
shall be timely filed if received by the director or the	14441
director's deputy within or prior to the end of the fourth full	14442
calendar week after the end of the period for which benefits were	14443
denied because of reasonable assurance of employment. The	14444
provision for the payment of retroactive benefits under division	14445
(I)(1)(b) of this section is applicable to weeks of unemployment	14446
beginning on and after November 18, 1983. The provisions under	14447
division (I)(1)(b) of this section shall be retroactive to	14448
September 5, 1982, only if, as a condition for full tax credit	14449
against the tax imposed by the "Federal Unemployment Tax Act," 53	14450
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	14451
secretary of labor determines that retroactivity is required by	14452
federal law.	14453

(c) With respect to weeks of unemployment beginning after	14454
December 31, 1977, benefits shall be denied to any individual for	14455
any week which commences during an established and customary	14456
vacation period or holiday recess, if the individual performs any	14457
services described in divisions (I)(1)(a) and (b) of this section	14458
in the period immediately before the vacation period or holiday	14459
recess, and there is a reasonable assurance that the individual	14460
will perform any such services in the period immediately following	14461
the vacation period or holiday recess.	14462

(d) With respect to any services described in division	14463
(I)(1)(a), (b), or (c) of this section, benefits payable on the	14464
basis of services in any such capacity shall be denied as	14465
specified in division (I)(1)(a), (b), or (c) of this section to	14466
any individual who performs such services in an educational	14467
institution or institution of higher education while in the employ	14468
of an educational service agency. For this purpose, the term	14469
"educational service agency" means a governmental agency or	14470
governmental entity that is established and operated exclusively	14471
for the purpose of providing services to one or more educational	14472
institutions or one or more institutions of higher education.	14473

(e) Any individual employed by a county board of	14474
developmental disabilities shall be notified by the thirtieth day	14475
of April each year if the individual is not to be reemployed the	14476
following academic year.	14477

(f) Any individual employed by a school district, other than	14478
a municipal school district as defined in section 3311.71 of the	14479
Revised Code, shall be notified by the first day of June each year	14480
if the individual is not to be reemployed the following academic	14481
year.	14482

(2) No disqualification will be imposed, between academic	14483
years or terms or during a vacation period or holiday recess under	14484
this division, unless the director or the director's deputy has	14485
received a statement in writing from the educational institution	14486
or institution of higher education that the claimant has a	14487
contract for, or a reasonable assurance of, reemployment for the	14488
ensuing academic year or term.	14489

(3) If an individual has employment with an educational	14490
institution or an institution of higher education and employment	14491
with a noneducational employer, during the base period of the	14492
individual's benefit year, then the individual may become eligible	14493
for benefits during the between-term, or vacation or holiday	14494
recess, disqualification period, based on employment performed for	14495
the noneducational employer, provided that the employment is	14496
sufficient to qualify the individual for benefit rights separately	14497
from the benefit rights based on school employment. The weekly	14498
benefit amount and maximum benefits payable during a	14499
disqualification period shall be computed based solely on the	14500
nonschool employment.	14501

(J) Benefits shall not be paid on the basis of employment	14502
performed by an alien, unless the alien had been lawfully admitted	14503
to the United States for permanent residence at the time the	14504
services were performed, was lawfully present for purposes of	14505
performing the services, or was otherwise permanently residing in	14506
the United States under color of law at the time the services were	14507
performed, under section 212(d)(5) of the "Immigration and	14508
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	14509

(1) Any data or information required of individuals applying	14510
for benefits to determine whether benefits are not payable to them	14511
because of their alien status shall be uniformly required from all	14512
applicants for benefits.	14513

(2) In the case of an individual whose application for	14514
benefits would otherwise be approved, no determination that	14515
benefits to the individual are not payable because of the	14516
individual's alien status shall be made except upon a	14517
preponderance of the evidence that the individual had not, in	14518
fact, been lawfully admitted to the United States.	14519

(K) The director shall establish and utilize a system of	14520
profiling all new claimants under this chapter that:	14521

(1) Identifies which claimants will be likely to exhaust	14522
regular compensation and will need job search assistance services	14523
to make a successful transition to new employment;	14524

(2) Refers claimants identified pursuant to division (K)(1)	14525
of this section to reemployment services, such as job search	14526
assistance services, available under any state or federal law;	14527

(3) Collects follow-up information relating to the services	14528
received by such claimants and the employment outcomes for such	14529
claimant's subsequent to receiving such services and utilizes such	14530
information in making identifications pursuant to division (K)(1)	14531
of this section; and	14532

(4) Meets such other requirements as the United States	14533
secretary of labor determines are appropriate.	14534

(L) Except as otherwise provided in division (A)(6) of this	14535
section, ineligibility pursuant to division (A) of this section	14536
shall begin on the first day of the week in which the claimant	14537
becomes ineligible for benefits and shall end on the last day of	14538
the week preceding the week in which the claimant satisfies the	14539
eligibility requirements.	14540

(M) The director may adopt rules that the director considers	14541
necessary for the administration of division (A) of this section.	14542

Sec. 4141.35. (A) If the director of job and family services	14543
finds that any fraudulent misrepresentation has been made by an	14544
applicant for or a recipient of benefits with the object of	14545
obtaining benefits to which the applicant or recipient was not	14546
entitled, and in addition to any other penalty or forfeiture under	14547
this chapter, then the director:	14548

(1) Shall within four years after the end of the benefit year	14549
in which the fraudulent misrepresentation was made reject or	14550
cancel such person's entire weekly claim for benefits that was	14551
fraudulently claimed, or the person's entire benefit rights if the	14552
misrepresentation was in connection with the filing of the	14553
claimant's application for determination of benefit rights;	14554

(2) Shall by order declare that, for each application for	14555
benefit rights and for each weekly claim canceled, such person	14556
shall be ineligible for two otherwise valid weekly claims for	14557
benefits, claimed within six years subsequent to the discovery of	14558
such misrepresentation;	14559

(3) By order shall require that the total amount of benefits	14560
rejected or canceled under division (A)(1) of this section be	14561
repaid to the director before such person may become eligible for	14562
further benefits, and shall withhold such unpaid sums from future	14563
benefit payments accruing and otherwise payable to such claimant.	14564
Effective with orders issued on or after January 1, 1993, if such	14565
benefits are not repaid within thirty days after the director's	14566
order becomes final, interest on the amount remaining unpaid shall	14567
be charged to the person at a rate and calculated in the same	14568
manner as provided under section 4141.23 of the Revised Code. When	14569
a person ordered to repay benefits has repaid all overpaid	14570
benefits according to a plan approved by the director, the	14571
director may cancel the amount of interest that accrued during the	14572
period of the repayment plan. The director may take action in any	14573
court of competent jurisdiction to collect benefits and interest	14574
as provided in sections 4141.23 and 4141.27 of the Revised Code,	14575
in regard to the collection of unpaid contributions, using the	14576
final repayment order as the basis for such action. Except as	14577
otherwise provided in this division, no administrative or legal	14578
proceedings for the collection of such benefits or interest due,	14579
or for the collection of a penalty under division (A)(4) of this	14580
section, shall be initiated after the expiration of six years from	14581
the date on which the director's order requiring repayment became	14582
final and the amount of any benefits, penalty, or interest not	14583
recovered at that time, and any liens thereon, shall be canceled	14584
as uncollectible. The time limit for instituting proceedings shall	14585
be extended by the period of any stay to the collection or by any	14586
other time period to which the parties mutually agree.	14587

(4) Shall, for findings made on or after October 21, 2013, by	14588
order assess a mandatory penalty on such a person in an amount	14589
equal to twenty-five per cent of the total amount of benefits	14590
rejected or canceled under division (A)(1) of this section. The	14591
first sixty per cent of each penalty collected under division	14592
(A)(4) of this section shall be deposited into the unemployment	14593
compensation fund created under section 4141.09 of the Revised	14594
Code~~, and the~~and shall be credited to the mutualized account, as	14595
provided in division (B)(2)(g) of section 4141.25 of the Revised	14596
Code. The remainder of each penalty collected shall be deposited	14597
into the unemployment compensation special administrative fund	14598
created under section 4141.11 of the Revised Code.	14599

(5) May take action to collect benefits fraudulently obtained	14600
under the unemployment compensation law of any other state or the	14601
United States or Canada. Such action may be initiated in the	14602
courts of this state in the same manner as provided for unpaid	14603
contributions in section 4141.41 of the Revised Code.	14604

(6) May take action to collect benefits that have been	14605
fraudulently obtained from the director, interest pursuant to	14606
division (A)(3) of this section, and court costs, through	14607
attachment proceedings under Chapter 2715. of the Revised Code and	14608
garnishment proceedings under Chapter 2716. of the Revised Code.	14609

(B) If the director finds that an applicant for benefits has	14610
been credited with a waiting period or paid benefits to which the	14611
applicant was not entitled for reasons other than fraudulent	14612
misrepresentation, the director shall:	14613

(1)(a) Within six months after the determination under which	14614
the claimant was credited with that waiting period or paid	14615
benefits becomes final pursuant to section 4141.28 of the Revised	14616
Code, or within three years after the end of the benefit year in	14617
which such benefits were claimed, whichever is later, by order	14618
cancel such waiting period and require that such benefits be	14619
repaid to the director or be withheld from any benefits to which	14620
such applicant is or may become entitled before any additional	14621
benefits are paid, provided that the repayment or withholding	14622
shall not be required where the overpayment is the result of the	14623
director's correcting a prior decision due to a typographical or	14624
clerical error in the director's prior decision, or an error in an	14625
employer's report under division (G) of section 4141.28 of the	14626
Revised Code.	14627

(b) The limitation specified in division (B)(1)(a) of this	14628
section shall not apply to cases involving the retroactive payment	14629
of remuneration covering periods for which benefits were	14630
previously paid to the claimant. However, in such cases, the	14631
director's order requiring repayment shall not be issued unless	14632
the director is notified of such retroactive payment within six	14633
months from the date the retroactive payment was made to the	14634
claimant.	14635

(2) The director may, by reciprocal agreement with the United	14636
States secretary of labor or another state, recover overpayment	14637
amounts from unemployment benefits otherwise payable to an	14638
individual under Chapter 4141. of the Revised Code. Any	14639
overpayments made to the individual that have not previously been	14640
recovered under an unemployment benefit program of the United	14641
States may be recovered in accordance with section 303(g) of the	14642
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the	14643
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.	14644
3301 to 3311.	14645

(3) If the amounts required to be repaid under division (B)	14646
of this section are not recovered within three years from the date	14647
the director's order requiring payment became final, initiate no	14648
further action to collect such benefits and the amount of any	14649
benefits not recovered at that time shall be canceled as	14650
uncollectible, provided that the time limit for collection shall	14651
be extended by the period of any stay to the collection or by any	14652
other time period to which the parties mutually agree.	14653

(C) The appeal provisions of sections 4141.281 and 4141.282	14654
of the Revised Code shall apply to all orders and determinations	14655
issued under this section, except that an individual's right of	14656
appeal under division (B)(2) of this section shall be limited to	14657
this state's authority to recover overpayment of benefits.	14658

(D) If an individual makes a full repayment or a repayment	14659
that is less than the full amount required by this section, the	14660
director shall apply the repayment to the mutualized account under	14661
division (B) of section 4141.25 of the Revised Code, except that	14662
the director shall credit the repayment to the accounts of the	14663
individual's base period employers that previously have not been	14664
credited for the amount of improperly paid benefits charged	14665
against their accounts based on the proportion of benefits charged	14666
against the accounts as determined pursuant to division (D) of	14667
section 4141.24 of the Revised Code.	14668

The director shall deposit any repayment collected under this	14669
section that the director determines to be payment of interest or	14670
court costs into the unemployment compensation special	14671
administrative fund established pursuant to section 4141.11 of the	14672
Revised Code.	14673

This division does not apply to ~~federal~~any of the following:

14674

(1) Federal tax refund offsets under 31 C.F.R. 285.8;

14675

(2) Unclaimed fund recoveries under section 131.024 of the	14676
Revised Code;	14677

(3) Lottery award offsets under section 3770.073 of the	14678
Revised Code;	14679

(4) State tax refund offsets under section 5747.12 of the	14680
Revised Code.	14681

Sec. 4303.021. (A) Permit A-1-A may be issued to the holder	14682
of an A-1, A-1c, or A-2 permit to sell beer and any intoxicating	14683
liquor at retail, only by the individual drink in glass or from a	14684
container, provided that one of the following applies to the A-1-A	14685
permit premises:	14686

(1) It is situated on the same parcel or tract of land as the	14687
related A-1, A-1c, or A-2 manufacturing permit premises.	14688

(2) It is separated from the parcel or tract of land on which	14689
is located the A-1, A-1c, or A-2 manufacturing permit premises	14690
only by public streets or highways or by other lands owned by the	14691
holder of the A-1, A-1c, or A-2 permit and used by the holder in	14692
connection with or in promotion of the holder's A-1, A-1c, or A-2	14693
permit business.	14694

(3) It is situated on a parcel or tract of land that is not	14695
more than one-half mile from the A-1, A-1c, or A-2 manufacturing	14696
permit premises.	14697

(B) The fee for this permit is three thousand nine hundred	14698
six dollars.	14699

(C)(1) The holder of an A-1-A permit may sell beer and any	14700
intoxicating liquor during the same hours as the holders of D-5	14701
permits under this chapter or Chapter 4301. of the Revised Code or	14702
the rules of the liquor control commission and shall obtain a	14703
license as a retail food establishment or a food service operation	14704
pursuant to Chapter 3717. of the Revised Code and operate as a	14705
restaurant for purposes of this chapter.	14706

(2) If a permit A-1-A is issued to the holder of an A-1 or	14707
A-1c permit, the A-1-A permit holder may sell beer at the A-1-A	14708
permit premises dispensed in glass containers with a capacity that	14709
does not exceed one gallon and not for consumption on the premises	14710
where sold if all of the following apply:	14711

(a) The A-1-A permit premises is situated in the same	14712
municipal corporation or township as the related A-1 or A-1c	14713
manufacturing permit premises.	14714

(b) The containers are sealed, marked, and transported in	14715
accordance with division (E) of section 4301.62 of the Revised	14716
Code.	14717

(c) The containers have been cleaned immediately before being	14718
filled in accordance with rule 4301:1-1-28 of the Administrative	14719
Code.	14720

(D) Except as otherwise provided in this section, nothe	14721
division of liquor control shall not issue a new A-1-A permit	14722
~~shall be issued~~ to the holder of an A-1, A-1c, or A-2 permit	14723
unless the sale of beer and intoxicating liquor under class D	14724
permits is permitted in the precinct in which the A-1, A-1c, or	14725
A-2 permit is located and, in the case of an A-2 permit, unless	14726
the holder of the A-2 permit manufactures or has a storage	14727
capacity of at least twenty-five thousand gallons of wine per	14728
year. The immediately preceding sentence does not prohibit the	14729
issuance of an A-1-A permit to an applicant for such a permit who	14730
is the holder of an A-1 permit and whose application was filed	14731
with the division of liquor control before June 1, 1994. The	14732
liquor control commission shall not restrict the number of A-1-A	14733
permits which may be located within a precinct.	14734

Sec. 4503.44. (A) As used in this section and in section	14735
4511.69 of the Revised Code:	14736

(1) "Person with a disability that limits or impairs the	14737
ability to walk" means any person who, as determined by a health	14738
care provider, meets any of the following criteria:	14739

(a) Cannot walk two hundred feet without stopping to rest;

14740

(b) Cannot walk without the use of, or assistance from, a	14741
brace, cane, crutch, another person, prosthetic device,	14742
wheelchair, or other assistive device;	14743

(c) Is restricted by a lung disease to such an extent that	14744
the person's forced (respiratory) expiratory volume for one	14745
second, when measured by spirometry, is less than one liter, or	14746
the arterial oxygen tension is less than sixty millimeters of	14747
mercury on room air at rest;	14748

(d) Uses portable oxygen;

14749

(e) Has a cardiac condition to the extent that the person's	14750
functional limitations are classified in severity as class III or	14751
class IV according to standards set by the American heart	14752
association;	14753

(f) Is severely limited in the ability to walk due to an	14754
arthritic, neurological, or orthopedic condition;	14755

(g) Is blind, legally blind, or severely visually impaired.

14756

(2) "Organization" means any private organization or	14757
corporation, or any governmental board, agency, department,	14758
division, or office, that, as part of its business or program,	14759
transports persons with disabilities that limit or impair the	14760
ability to walk on a regular basis in a motor vehicle that has not	14761
been altered for the purpose of providing it with special	14762
equipment for use by persons with disabilities. This definition	14763
does not apply to division ~~(J)~~(I) of this section.	14764

(3) "Health care provider" means a physician, physician	14765
assistant, advanced practice registered nurse, optometrist, or	14766
chiropractor as defined in this section except that an optometrist	14767
shall only make determinations as to division (A)(1)(g) of this	14768
section.	14769

(4) "Physician" means a person licensed to practice medicine	14770
or surgery or osteopathic medicine and surgery under Chapter 4731.	14771
of the Revised Code.	14772

(5) "Chiropractor" means a person licensed to practice	14773
chiropractic under Chapter 4734. of the Revised Code.	14774

(6) "Advanced practice registered nurse" means a certified	14775
nurse practitioner, clinical nurse specialist, certified	14776
registered nurse anesthetist, or certified nurse-midwife who holds	14777
a certificate of authority issued by the board of nursing under	14778
Chapter 4723. of the Revised Code.	14779

(7) "Physician assistant" means a person who holds a	14780
certificate to practice as a physician assistant issued under	14781
Chapter 4730. of the Revised Code.	14782

(8) "Optometrist" means a person licensed to engage in the	14783
practice of optometry under Chapter 4725. of the Revised Code.	14784

(B) ~~Any~~(1) An organization, or a person with a disability	14785
that limits or impairs the ability to walk ~~may apply to the~~	14786
~~registrar of motor vehicles for a removable windshield placard or,~~	14787
~~if the person owns or leases a motor vehicle, the person~~, may	14788
apply for the registration of any motor vehicle the organization	14789
or person owns or leases. ~~In addition to one or more sets of~~	14790
~~license plates or one placard, a person with a disability that~~	14791
~~limits or impairs the ability to walk is entitled to one~~	14792
~~additional placard, but only if the person applies separately for~~	14793
~~the additional placard, states the reasons why the additional~~	14794
~~placard is needed, and the registrar, in the registrar's~~	14795
~~discretion, determines that good and justifiable cause exists to~~	14796
~~approve the request for the additional placard.~~ When a motor	14797
vehicle has been altered for the purpose of providing it with	14798
special equipment for a person with a disability that limits or	14799
impairs the ability to walk, but is owned or leased by someone	14800
other than such a person, the owner or lessee may apply to the	14801
registrar or a deputy registrar for registration under this	14802
section. The application for registration of a motor vehicle owned	14803
or leased by a person with a disability that limits or impairs the	14804
ability to walk shall be accompanied by a signed statement from	14805
the applicant's health care provider certifying that the applicant	14806
meets at least one of the criteria contained in division (A)(1) of	14807
this section and that the disability is expected to continue for	14808
more than six consecutive months. ~~The application for a removable~~	14809
~~windshield placard made by a person with a disability that limits~~	14810
~~or impairs the ability to walk shall be accompanied by a~~	14811
~~prescription from the applicant's health care provider prescribing~~	14812
~~such a placard for the applicant, provided that the applicant~~	14813
~~meets at least one of the criteria contained in division (A)(1) of~~	14814
~~this section. The health care provider shall state on the~~	14815
~~prescription the length of time the health care provider expects~~	14816
~~the applicant to have the disability that limits or impairs the~~	14817
~~applicant's ability to walk. The application for a removable~~	14818
~~windshield placard made by an organization shall be accompanied by~~	14819
~~such documentary evidence of regular transport of persons with~~	14820
~~disabilities that limit or impair the ability to walk by the~~	14821
~~organization as the registrar may require by rule and shall be~~	14822
~~completed in accordance with procedures that the registrar may~~	14823
~~require by rule.~~ The application for registration of a motor	14824
vehicle that has been altered for the purpose of providing it with	14825
special equipment for a person with a disability that limits or	14826
impairs the ability to walk but is owned by someone other than	14827
such a person shall be accompanied by such documentary evidence of	14828
vehicle alterations as the registrar may require by rule.	14829

~~(C)~~(2) When an organization, a person with a disability that	14830
limits or impairs the ability to walk, or a person who does not	14831
have a disability that limits or impairs the ability to walk but	14832
owns a motor vehicle that has been altered for the purpose of	14833
providing it with special equipment for a person with a disability	14834
that limits or impairs the ability to walk first submits an	14835
application for registration of a motor vehicle under this section	14836
and every fifth year thereafter, the organization or person shall	14837
submit a signed statement from the applicant's health care	14838
provider, a completed application, and any required documentary	14839
evidence of vehicle alterations as provided in division (B)(1) of	14840
this section, and also a power of attorney from the owner of the	14841
motor vehicle if the applicant leases the vehicle. Upon submission	14842
of these items, the registrar or deputy registrar shall issue to	14843
the applicant appropriate vehicle registration and a set of	14844
license plates and validation stickers, or validation stickers	14845
alone when required by section 4503.191 of the Revised Code. In	14846
addition to the letters and numbers ordinarily inscribed thereon,	14847
the license plates shall be imprinted with the international	14848
symbol of access. The license plates and validation stickers shall	14849
be issued upon payment of the regular license fee as prescribed	14850
under section 4503.04 of the Revised Code and any motor vehicle	14851
tax levied under Chapter 4504. of the Revised Code, and the	14852
payment of a service fee equal to the amount specified in division	14853
(D) or (G) of section 4503.10 of the Revised Code.	14854

~~(D)~~(C)(1) A person with a disability that limits or impairs	14855
the ability to walk may apply to the registrar of motor vehicles	14856
for a removable windshield placard by completing and signing an	14857
application provided by the registrar. The person shall include	14858
with the application a prescription from the person's health care	14859
provider prescribing such a placard for the person based upon a	14860
determination that the person meets at least one of the criteria	14861
contained in division (A)(1) of this section. The health care	14862
provider shall state on the prescription the length of time the	14863
health care provider expects the applicant to have the disability	14864
that limits or impairs the person's ability to walk.	14865

In addition to one placard or one or more sets of license	14866
plates, a person with a disability that limits or impairs the	14867
ability to walk is entitled to one additional placard, but only if	14868
the person applies separately for the additional placard, states	14869
the reasons why the additional placard is needed, and the	14870
registrar, in the registrar's discretion determines that good and	14871
justifiable cause exists to approve the request for the additional	14872
placard.	14873

(2) An organization may apply to the registrar of motor	14874
vehicles for a removable windshield placard by completing and	14875
signing an application provided by the registrar. The organization	14876
shall comply with any procedures the registrar establishes by	14877
rule. The organization shall include with the application	14878
documentary evidence that the registrar requires by rule showing	14879
that the organization regularly transports persons with	14880
disabilities that limit or impair the ability to walk.	14881

(3) Upon receipt of a completed and signed application for a	14882
removable windshield placard, ~~a prescription as described in~~	14883
~~division (B) of this section, documentary evidence of regular~~	14884
~~transport of persons with disabilities that limit or impair the~~	14885
~~ability to walk, if required~~the accompanying documents required	14886
under division (C)(1) or (2) of this section, and payment of a	14887
service fee equal to the amount specified in division (D) or (G)	14888
of section 4503.10 of the Revised Code, the registrar or deputy	14889
registrar shall issue to the applicant a removable windshield	14890
placard, which shall bear the date of expiration on both sides of	14891
the placard and shall be valid until expired, revoked, or	14892
surrendered. Every removable windshield placard expires as	14893
described in division ~~(D)(2)~~(C)(4) of this section, but in no case	14894
shall a removable windshield placard be valid for a period of less	14895
than sixty days. Removable windshield placards shall be renewable	14896
upon application as provided in division ~~(B)~~(C)(1) or (2) of this	14897
section, and upon payment of a service fee equal to the amount	14898
specified in division (D) or (G) of section 4503.10 of the Revised	14899
Code ~~shall be charged~~ for the renewal of a removable windshield	14900
placard. The registrar shall provide the application form and	14901
shall determine the information to be included thereon. The	14902
registrar also shall determine the form and size of the removable	14903
windshield placard, the material of which it is to be made, and	14904
any other information to be included thereon, and shall adopt	14905
rules relating to the issuance, expiration, revocation, surrender,	14906
and proper display of such placards. Any placard issued after	14907
October 14, 1999, shall be manufactured in a manner that allows	14908
the expiration date of the placard to be indicated on it through	14909
the punching, drilling, boring, or creation by any other means of	14910
holes in the placard.	14911

~~(2)~~(4) At the time a removable windshield placard is issued	14912
to a person with a disability that limits or impairs the ability	14913
to walk, the registrar or deputy registrar shall enter into the	14914
records of the bureau of motor vehicles the last date on which the	14915
person will have that disability, as indicated on the accompanying	14916
prescription. Not less than thirty days prior to that date and all	14917
removable windshield placard renewal dates, the bureau shall send	14918
a renewal notice to that person at the person's last known address	14919
as shown in the records of the bureau, informing the person that	14920
the person's removable windshield placard will expire on the	14921
indicated date not to exceed five years from the date of issuance,	14922
and that the person is required to renew the placard by submitting	14923
to the registrar or a deputy registrar another prescription, as	14924
described in division ~~(B)~~(C)(1) or (2) of this section, and by	14925
complying with the renewal provisions prescribed in division	14926
~~(D)(1)~~(C)(3) of this section. If such a prescription is not	14927
received by the registrar or a deputy registrar by that date, the	14928
placard issued to that person expires and no longer is valid, and	14929
this fact shall be recorded in the records of the bureau.	14930

~~(3)~~(5) At least once every year, on a date determined by the	14931
registrar, the bureau shall examine the records of the office of	14932
vital statistics, located within the department of health, that	14933
pertain to deceased persons, and also the bureau's records of all	14934
persons who have been issued removable windshield placards and	14935
temporary removable windshield placards. If the records of the	14936
office of vital statistics indicate that a person to whom a	14937
removable windshield placard or temporary removable windshield	14938
placard has been issued is deceased, the bureau shall cancel that	14939
placard, and note the cancellation in its records.	14940

The office of vital statistics shall make available to the	14941
bureau all information necessary to enable the bureau to comply	14942
with division ~~(D)(3)~~(C)(5) of this section.	14943

~~(4)~~(6) Nothing in this section shall be construed to require	14944
a person or organization to apply for a removable windshield	14945
placard or special license plates if the ~~parking card or~~ special	14946
license plates issued to the person or organization under prior	14947
law have not expired or been surrendered or revoked.	14948

~~(E)~~(D)(1)(a) ~~Any~~A person with a disability that limits or	14949
impairs the ability to walk may apply to the registrar or a deputy	14950
registrar for a temporary removable windshield placard. The	14951
application for a temporary removable windshield placard shall be	14952
accompanied by a prescription from the applicant's health care	14953
provider prescribing such a placard for the applicant, provided	14954
that the applicant meets at least one of the criteria contained in	14955
division (A)(1) of this section and that the disability is	14956
expected to continue for six consecutive months or less. The	14957
health care provider shall state on the prescription the length of	14958
time the health care provider expects the applicant to have the	14959
disability that limits or impairs the applicant's ability to walk,	14960
which cannot exceed six months from the date of the prescription.	14961
Upon receipt of an application for a temporary removable	14962
windshield placard, presentation of the prescription from the	14963
applicant's health care provider, and payment of a service fee	14964
equal to the amount specified in division (D) or (G) of section	14965
4503.10 of the Revised Code, the registrar or deputy registrar	14966
shall issue to the applicant a temporary removable windshield	14967
placard.	14968

(b) Any active-duty member of the armed forces of the United	14969
States, including the reserve components of the armed forces and	14970
the national guard, who has an illness or injury that limits or	14971
impairs the ability to walk may apply to the registrar or a deputy	14972
registrar for a temporary removable windshield placard. With the	14973
application, the person shall present evidence of the person's	14974
active-duty status and the illness or injury. Evidence of the	14975
illness or injury may include a current department of defense	14976
convalescent leave statement, any department of defense document	14977
indicating that the person currently has an ill or injured	14978
casualty status or has limited duties, or a prescription from any	14979
health care provider prescribing the placard for the applicant.	14980
Upon receipt of the application and the necessary evidence, the	14981
registrar or deputy registrar shall issue the applicant the	14982
temporary removable windshield placard without the payment of any	14983
service fee.	14984

(2) The temporary removable windshield placard shall be of	14985
the same size and form as the removable windshield placard, shall	14986
be printed in white on a red-colored background, and shall bear	14987
the word "temporary" in letters of such size as the registrar	14988
shall prescribe. A temporary removable windshield placard also	14989
shall bear the date of expiration on the front and back of the	14990
placard, and shall be valid until expired, surrendered, or	14991
revoked, but in no case shall such a placard be valid for a period	14992
of less than sixty days. The registrar shall provide the	14993
application form and shall determine the information to be	14994
included on it, provided that the registrar shall not require a	14995
health care provider's prescription or certification for a person	14996
applying under division ~~(E)~~(D)(1)(b) of this section. The	14997
registrar also shall determine the material of which the temporary	14998
removable windshield placard is to be made and any other	14999
information to be included on the placard and shall adopt rules	15000
relating to the issuance, expiration, surrender, revocation, and	15001
proper display of those placards. Any temporary removable	15002
windshield placard issued after October 14, 1999, shall be	15003
manufactured in a manner that allows for the expiration date of	15004
the placard to be indicated on it through the punching, drilling,	15005
boring, or creation by any other means of holes in the placard.	15006

~~(F)~~(E) If an applicant for a removable windshield placard is	15007
a veteran of the armed forces of the United States whose	15008
disability, as defined in division (A)(1) of this section, is	15009
service-connected, the registrar or deputy registrar, upon receipt	15010
of the application, presentation of a signed statement from the	15011
applicant's health care provider certifying the applicant's	15012
disability, and presentation of such documentary evidence from the	15013
department of veterans affairs that the disability of the	15014
applicant meets at least one of the criteria identified in	15015
division (A)(1) of this section and is service-connected as the	15016
registrar may require by rule, but without the payment of any	15017
service fee, shall issue the applicant a removable windshield	15018
placard that is valid until expired, surrendered, or revoked.	15019

~~(G)~~(F) Upon a conviction of a violation of division (H) or	15020
(I)~~, (J), or (K)~~ of this section, the court shall report the	15021
conviction, and send the placard ~~or parking card~~, if available, to	15022
the registrar, who thereupon shall revoke the privilege of using	15023
the placard ~~or parking card~~ and send notice in writing to the	15024
placardholder ~~or cardholder~~ at that holder's last known address as	15025
shown in the records of the bureau, and the placardholder or	15026
~~cardholder~~ shall return the placard ~~or card~~ if not previously	15027
surrendered to the court, to the registrar within ten days	15028
following mailing of the notice.	15029

Whenever a person to whom a removable windshield placard or	15030
~~parking card~~ has been issued moves to another state, the person	15031
shall surrender the placard ~~or card~~ to the registrar; and whenever	15032
an organization to which a placard ~~or card~~ has been issued changes	15033
its place of operation to another state, the organization shall	15034
surrender the placard ~~or card~~ to the registrar.	15035

~~(H)~~(G) Subject to division (F) of section 4511.69 of the	15036
Revised Code, the operator of a motor vehicle displaying a	15037
removable windshield placard, temporary removable windshield	15038
placard, ~~parking card,~~ or the special license plates authorized	15039
by this section is entitled to park the motor vehicle in any	15040
special parking location reserved for persons with disabilities	15041
that limit or impair the ability to walk, also known as	15042
handicapped parking spaces or disability parking spaces.	15043

~~(I)~~(H) No person or organization that is not eligible for the	15044
issuance of license plates or any placard under ~~division (B) or~~	15045
~~(E) of~~ this section shall willfully and falsely represent that the	15046
person or organization is so eligible.	15047

No person or organization shall display license plates issued	15048
under this section unless the license plates have been issued for	15049
the vehicle on which they are displayed and are valid.	15050

~~(J)~~(I) No person or organization to which a removable	15051
windshield placard or temporary removable windshield placard is	15052
issued shall do either of the following:	15053

(1) Display or permit the display of the placard on any motor	15054
vehicle when having reasonable cause to believe the motor vehicle	15055
is being used in connection with an activity that does not include	15056
providing transportation for persons with disabilities that limit	15057
or impair the ability to walk;	15058

(2) Refuse to return or surrender the placard, when required.

15059

~~(K)(1) No person or organization to which a parking card is~~	15060
~~issued shall do either of the following:~~	15061

~~(a) Display or permit the display of the parking card on any~~	15062
~~motor vehicle when having reasonable cause to believe the motor~~	15063
~~vehicle is being used in connection with an activity that does not~~	15064
~~include providing transportation for a person with a disability;~~	15065

~~(b) Refuse to return or surrender the parking card, when~~	15066
~~required.~~	15067

~~(2) As used in division (K) of this section:~~

15068

~~(a) "Person with a disability" means any person who has lost~~	15069
~~the use of one or both legs or one or both arms, who is blind,~~	15070
~~deaf, or so severely disabled as to be unable to move about~~	15071
~~without the aid of crutches or a wheelchair, or whose mobility is~~	15072
~~restricted by a permanent cardiovascular, pulmonary, or other~~	15073
~~disabling condition.~~	15074

~~(b) "Organization" means any private organization or~~	15075
~~corporation, or any governmental board, agency, department,~~	15076
~~division, or office, that, as part of its business or program,~~	15077
~~transports persons with disabilities on a regular basis in a motor~~	15078
~~vehicle that has not been altered for the purposes of providing it~~	15079
~~with special equipment for use by persons with disabilities.~~	15080

~~(L)~~(J) If a removable windshield placard, temporary removable	15081
windshield placard, or parking card is lost, destroyed, or	15082
mutilated, the placardholder or cardholder may obtain a duplicate	15083
by doing both of the following:	15084

(1) Furnishing suitable proof of the loss, destruction, or	15085
mutilation to the registrar;	15086

(2) Paying a service fee equal to the amount specified in	15087
division (D) or (G) of section 4503.10 of the Revised Code.	15088

Any placardholder or cardholder who loses a placard or card	15089
and, after obtaining a duplicate, finds the original, immediately	15090
shall surrender the original placard or card to the registrar.	15091

~~(M)~~(K)(1) The registrar shall pay all fees received under	15092
this section for the issuance of removable windshield placards or	15093
temporary removable windshield placards or duplicate removable	15094
windshield placards or cards into the state treasury to the credit	15095
of the state bureau of motor vehicles fund created in section	15096
4501.25 of the Revised Code.	15097

~~(N)~~(2) In addition to the fees collected under this section,	15098
the registrar or deputy registrar shall ask each person applying	15099
for a removable windshield placard or temporary removable	15100
windshield placard or duplicate removable windshield placard or	15101
license plate issued under this section, whether the person wishes	15102
to make a two-dollar voluntary contribution to support	15103
rehabilitation employment services. The registrar shall transmit	15104
the contributions received under this division to the treasurer of	15105
state for deposit into the rehabilitation employment fund, which	15106
is hereby created in the state treasury. A deputy registrar shall	15107
transmit the contributions received under this division to the	15108
registrar in the time and manner prescribed by the registrar. The	15109
contributions in the fund shall be used by the opportunities for	15110
Ohioans with disabilities agency to purchase services related to	15111
vocational evaluation, work adjustment, personal adjustment, job	15112
placement, job coaching, and community-based assessment from	15113
accredited community rehabilitation program facilities.	15114

~~(O)~~(L) For purposes of enforcing this section, every peace	15115
officer is deemed to be an agent of the registrar. Any peace	15116
officer or any authorized employee of the bureau of motor vehicles	15117
who, in the performance of duties authorized by law, becomes aware	15118
of a person whose placard or parking card has been revoked	15119
pursuant to this section, may confiscate that placard or parking	15120
card and return it to the registrar. The registrar shall prescribe	15121
any forms used by law enforcement agencies in administering this	15122
section.	15123

No peace officer, law enforcement agency employing a peace	15124
officer, or political subdivision or governmental agency employing	15125
a peace officer, and no employee of the bureau is liable in a	15126
civil action for damages or loss to persons arising out of the	15127
performance of any duty required or authorized by this section. As	15128
used in this division, "peace officer" has the same meaning as in	15129
division (B) of section 2935.01 of the Revised Code.	15130

~~(P)~~(M) All applications for registration of motor vehicles,	15131
removable windshield placards, and temporary removable windshield	15132
placards issued under this section, all renewal notices for such	15133
items, and all other publications issued by the bureau that relate	15134
to this section shall set forth the criminal penalties that may be	15135
imposed upon a person who violates any provision relating to	15136
special license plates issued under this section, the parking of	15137
vehicles displaying such license plates, and the issuance,	15138
procurement, use, and display of removable windshield placards and	15139
temporary removable windshield placards issued under this section.	15140

~~(Q)~~(N) Whoever violates this section is guilty of a	15141
misdemeanor of the fourth degree.	15142

Sec. 4511.191. (A)(1) As used in this section:

15143

(a) "Physical control" has the same meaning as in section	15144
4511.194 of the Revised Code.	15145

(b) "Alcohol monitoring device" means any device that	15146
provides for continuous alcohol monitoring, any ignition interlock	15147
device, any immobilizing or disabling device other than an	15148
ignition interlock device that is constantly available to monitor	15149
the concentration of alcohol in a person's system, or any other	15150
device that provides for the automatic testing and periodic	15151
reporting of alcohol consumption by a person and that a court	15152
orders a person to use as a sanction imposed as a result of the	15153
person's conviction of or plea of guilty to an offense.	15154

(2) Any person who operates a vehicle, streetcar, or	15155
trackless trolley upon a highway or any public or private property	15156
used by the public for vehicular travel or parking within this	15157
state or who is in physical control of a vehicle, streetcar, or	15158
trackless trolley shall be deemed to have given consent to a	15159
chemical test or tests of the person's whole blood, blood serum or	15160
plasma, breath, or urine to determine the alcohol, drug of abuse,	15161
controlled substance, metabolite of a controlled substance, or	15162
combination content of the person's whole blood, blood serum or	15163
plasma, breath, or urine if arrested for a violation of division	15164
(A) or (B) of section 4511.19 of the Revised Code, section	15165
4511.194 of the Revised Code or a substantially equivalent	15166
municipal ordinance, or a municipal OVI ordinance.	15167

(3) The chemical test or tests under division (A)(2) of this	15168
section shall be administered at the request of a law enforcement	15169
officer having reasonable grounds to believe the person was	15170
operating or in physical control of a vehicle, streetcar, or	15171
trackless trolley in violation of a division, section, or	15172
ordinance identified in division (A)(2) of this section. The law	15173
enforcement agency by which the officer is employed shall	15174
designate which of the tests shall be administered.	15175

(4) Any person who is dead or unconscious, or who otherwise	15176
is in a condition rendering the person incapable of refusal, shall	15177
be deemed to have consented as provided in division (A)(2) of this	15178
section, and the test or tests may be administered, subject to	15179
sections 313.12 to 313.16 of the Revised Code.	15180

(5)(a) If a law enforcement officer arrests a person for a	15181
violation of division (A) or (B) of section 4511.19 of the Revised	15182
Code, section 4511.194 of the Revised Code or a substantially	15183
equivalent municipal ordinance, or a municipal OVI ordinance and	15184
if the person if convicted would be required to be sentenced under	15185
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	15186
Code, the law enforcement officer shall request the person to	15187
submit, and the person shall submit, to a chemical test or tests	15188
of the person's whole blood, blood serum or plasma, breath, or	15189
urine for the purpose of determining the alcohol, drug of abuse,	15190
controlled substance, metabolite of a controlled substance, or	15191
combination content of the person's whole blood, blood serum or	15192
plasma, breath, or urine. A law enforcement officer who makes a	15193
request pursuant to this division that a person submit to a	15194
chemical test or tests is not required to advise the person of the	15195
consequences of submitting to, or refusing to submit to, the test	15196
or tests and is not required to give the person the form described	15197
in division (B) of section 4511.192 of the Revised Code, but the	15198
officer shall advise the person at the time of the arrest that if	15199
the person refuses to take a chemical test the officer may employ	15200
whatever reasonable means are necessary to ensure that the person	15201
submits to a chemical test of the person's whole blood or blood	15202
serum or plasma. The officer shall also advise the person at the	15203
time of the arrest that the person may have an independent	15204
chemical test taken at the person's own expense. Divisions (A)(3)	15205
and (4) of this section apply to the administration of a chemical	15206
test or tests pursuant to this division.	15207

(b) If a person refuses to submit to a chemical test upon a	15208
request made pursuant to division (A)(5)(a) of this section, the	15209
law enforcement officer who made the request may employ whatever	15210
reasonable means are necessary to ensure that the person submits	15211
to a chemical test of the person's whole blood or blood serum or	15212
plasma. A law enforcement officer who acts pursuant to this	15213
division to ensure that a person submits to a chemical test of the	15214
person's whole blood or blood serum or plasma is immune from	15215
criminal and civil liability based upon a claim for assault and	15216
battery or any other claim for the acts, unless the officer so	15217
acted with malicious purpose, in bad faith, or in a wanton or	15218
reckless manner.	15219

(B)(1) Upon receipt of the sworn report of a law enforcement	15220
officer who arrested a person for a violation of division (A) or	15221
(B) of section 4511.19 of the Revised Code, section 4511.194 of	15222
the Revised Code or a substantially equivalent municipal	15223
ordinance, or a municipal OVI ordinance that was completed and	15224
sent to the registrar of motor vehicles and a court pursuant to	15225
section 4511.192 of the Revised Code in regard to a person who	15226
refused to take the designated chemical test, the registrar shall	15227
enter into the registrar's records the fact that the person's	15228
driver's or commercial driver's license or permit or nonresident	15229
operating privilege was suspended by the arresting officer under	15230
this division and that section and the period of the suspension,	15231
as determined under this section. The suspension shall be subject	15232
to appeal as provided in section 4511.197 of the Revised Code. The	15233
suspension shall be for whichever of the following periods	15234
applies:	15235

(a) Except when division (B)(1)(b), (c), or (d) of this	15236
section applies and specifies a different class or length of	15237
suspension, the suspension shall be a class C suspension for the	15238
period of time specified in division (B)(3) of section 4510.02 of	15239
the Revised Code.	15240

(b) If the arrested person, within six years of the date on	15241
which the person refused the request to consent to the chemical	15242
test, had refused one previous request to consent to a chemical	15243
test or had been convicted of or pleaded guilty to one violation	15244
of division (A) or (B) of section 4511.19 of the Revised Code or	15245
one other equivalent offense, the suspension shall be a class B	15246
suspension imposed for the period of time specified in division	15247
(B)(2) of section 4510.02 of the Revised Code.	15248

(c) If the arrested person, within six years of the date on	15249
which the person refused the request to consent to the chemical	15250
test, had refused two previous requests to consent to a chemical	15251
test, had been convicted of or pleaded guilty to two violations of	15252
division (A) or (B) of section 4511.19 of the Revised Code or	15253
other equivalent offenses, or had refused one previous request to	15254
consent to a chemical test and also had been convicted of or	15255
pleaded guilty to one violation of division (A) or (B) of section	15256
4511.19 of the Revised Code or other equivalent offenses, which	15257
violation or offense arose from an incident other than the	15258
incident that led to the refusal, the suspension shall be a class	15259
A suspension imposed for the period of time specified in division	15260
(B)(1) of section 4510.02 of the Revised Code.	15261

(d) If the arrested person, within six years of the date on	15262
which the person refused the request to consent to the chemical	15263
test, had refused three or more previous requests to consent to a	15264
chemical test, had been convicted of or pleaded guilty to three or	15265
more violations of division (A) or (B) of section 4511.19 of the	15266
Revised Code or other equivalent offenses, or had refused a number	15267
of previous requests to consent to a chemical test and also had	15268
been convicted of or pleaded guilty to a number of violations of	15269
division (A) or (B) of section 4511.19 of the Revised Code or	15270
other equivalent offenses that cumulatively total three or more	15271
such refusals, convictions, and guilty pleas, the suspension shall	15272
be for five years.	15273

(2) The registrar shall terminate a suspension of the	15274
driver's or commercial driver's license or permit of a resident or	15275
of the operating privilege of a nonresident, or a denial of a	15276
driver's or commercial driver's license or permit, imposed	15277
pursuant to division (B)(1) of this section upon receipt of notice	15278
that the person has entered a plea of guilty to, or that the	15279
person has been convicted after entering a plea of no contest to,	15280
operating a vehicle in violation of section 4511.19 of the Revised	15281
Code or in violation of a municipal OVI ordinance, if the offense	15282
for which the conviction is had or the plea is entered arose from	15283
the same incident that led to the suspension or denial.	15284

The registrar shall credit against any judicial suspension of	15285
a person's driver's or commercial driver's license or permit or	15286
nonresident operating privilege imposed pursuant to section	15287
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	15288
Revised Code for a violation of a municipal OVI ordinance, any	15289
time during which the person serves a related suspension imposed	15290
pursuant to division (B)(1) of this section.	15291

(C)(1) Upon receipt of the sworn report of the law	15292
enforcement officer who arrested a person for a violation of	15293
division (A) or (B) of section 4511.19 of the Revised Code or a	15294
municipal OVI ordinance that was completed and sent to the	15295
registrar and a court pursuant to section 4511.192 of the Revised	15296
Code in regard to a person whose test results indicate that the	15297
person's whole blood, blood serum or plasma, breath, or urine	15298
contained at least the concentration of alcohol specified in	15299
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	15300
Revised Code or at least the concentration of a listed controlled	15301
substance or a listed metabolite of a controlled substance	15302
specified in division (A)(1)(j) of section 4511.19 of the Revised	15303
Code, the registrar shall enter into the registrar's records the	15304
fact that the person's driver's or commercial driver's license or	15305
permit or nonresident operating privilege was suspended by the	15306
arresting officer under this division and section 4511.192 of the	15307
Revised Code and the period of the suspension, as determined under	15308
divisions (C)(1)(a) to (d) of this section. The suspension shall	15309
be subject to appeal as provided in section 4511.197 of the	15310
Revised Code. The suspension described in this division does not	15311
apply to, and shall not be imposed upon, a person arrested for a	15312
violation of section 4511.194 of the Revised Code or a	15313
substantially equivalent municipal ordinance who submits to a	15314
designated chemical test. The suspension shall be for whichever of	15315
the following periods applies:	15316

(a) Except when division (C)(1)(b), (c), or (d) of this	15317
section applies and specifies a different period, the suspension	15318
shall be a class E suspension imposed for the period of time	15319
specified in division (B)(5) of section 4510.02 of the Revised	15320
Code.	15321

(b) The suspension shall be a class C suspension for the	15322
period of time specified in division (B)(3) of section 4510.02 of	15323
the Revised Code if the person has been convicted of or pleaded	15324
guilty to, within six years of the date the test was conducted,	15325
one violation of division (A) or (B) of section 4511.19 of the	15326
Revised Code or one other equivalent offense.	15327

(c) If, within six years of the date the test was conducted,	15328
the person has been convicted of or pleaded guilty to two	15329
violations of a statute or ordinance described in division	15330
(C)(1)(b) of this section, the suspension shall be a class B	15331
suspension imposed for the period of time specified in division	15332
(B)(2) of section 4510.02 of the Revised Code.	15333

(d) If, within six years of the date the test was conducted,	15334
the person has been convicted of or pleaded guilty to more than	15335
two violations of a statute or ordinance described in division	15336
(C)(1)(b) of this section, the suspension shall be a class A	15337
suspension imposed for the period of time specified in division	15338
(B)(1) of section 4510.02 of the Revised Code.	15339

(2) The registrar shall terminate a suspension of the	15340
driver's or commercial driver's license or permit of a resident or	15341
of the operating privilege of a nonresident, or a denial of a	15342
driver's or commercial driver's license or permit, imposed	15343
pursuant to division (C)(1) of this section upon receipt of notice	15344
that the person has entered a plea of guilty to, or that the	15345
person has been convicted after entering a plea of no contest to,	15346
operating a vehicle in violation of section 4511.19 of the Revised	15347
Code or in violation of a municipal OVI ordinance, if the offense	15348
for which the conviction is had or the plea is entered arose from	15349
the same incident that led to the suspension or denial.	15350

The registrar shall credit against any judicial suspension of	15351
a person's driver's or commercial driver's license or permit or	15352
nonresident operating privilege imposed pursuant to section	15353
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	15354
Revised Code for a violation of a municipal OVI ordinance, any	15355
time during which the person serves a related suspension imposed	15356
pursuant to division (C)(1) of this section.	15357

(D)(1) A suspension of a person's driver's or commercial	15358
driver's license or permit or nonresident operating privilege	15359
under this section for the time described in division (B) or (C)	15360
of this section is effective immediately from the time at which	15361
the arresting officer serves the notice of suspension upon the	15362
arrested person. Any subsequent finding that the person is not	15363
guilty of the charge that resulted in the person being requested	15364
to take the chemical test or tests under division (A) of this	15365
section does not affect the suspension.	15366

(2) If a person is arrested for operating a vehicle,	15367
streetcar, or trackless trolley in violation of division (A) or	15368
(B) of section 4511.19 of the Revised Code or a municipal OVI	15369
ordinance, or for being in physical control of a vehicle,	15370
streetcar, or trackless trolley in violation of section 4511.194	15371
of the Revised Code or a substantially equivalent municipal	15372
ordinance, regardless of whether the person's driver's or	15373
commercial driver's license or permit or nonresident operating	15374
privilege is or is not suspended under division (B) or (C) of this	15375
section or Chapter 4510. of the Revised Code, the person's initial	15376
appearance on the charge resulting from the arrest shall be held	15377
within five days of the person's arrest or the issuance of the	15378
citation to the person, subject to any continuance granted by the	15379
court pursuant to section 4511.197 of the Revised Code regarding	15380
the issues specified in that division.	15381

(E) When it finally has been determined under the procedures	15382
of this section and sections 4511.192 to 4511.197 of the Revised	15383
Code that a nonresident's privilege to operate a vehicle within	15384
this state has been suspended, the registrar shall give	15385
information in writing of the action taken to the motor vehicle	15386
administrator of the state of the person's residence and of any	15387
state in which the person has a license.	15388

(F) At the end of a suspension period under this section,	15389
under section 4511.194, section 4511.196, or division (G) of	15390
section 4511.19 of the Revised Code, or under section 4510.07 of	15391
the Revised Code for a violation of a municipal OVI ordinance and	15392
upon the request of the person whose driver's or commercial	15393
driver's license or permit was suspended and who is not otherwise	15394
subject to suspension, cancellation, or disqualification, the	15395
registrar shall return the driver's or commercial driver's license	15396
or permit to the person upon the occurrence of all of the	15397
conditions specified in divisions (F)(1) and (2) of this section:	15398

(1) A showing that the person has proof of financial	15399
responsibility, a policy of liability insurance in effect that	15400
meets the minimum standards set forth in section 4509.51 of the	15401
Revised Code, or proof, to the satisfaction of the registrar, that	15402
the person is able to respond in damages in an amount at least	15403
equal to the minimum amounts specified in section 4509.51 of the	15404
Revised Code.	15405

(2) Subject to the limitation contained in division (F)(3) of	15406
this section, payment by the person to the registrar or an	15407
eligible deputy registrar of a license reinstatement fee of four	15408
hundred seventy-five dollars, which fee shall be deposited in the	15409
state treasury and credited as follows:	15410

(a) One hundred twelve dollars and fifty cents shall be	15411
credited to the statewide treatment and prevention fund created by	15412
section 4301.30 of the Revised Code. Money credited to the fund	15413
under this section shall be used for purposes identified under	15414
section 5119.22 of the Revised Code.	15415

(b) Seventy-five dollars shall be credited to the reparations	15416
fund created by section 2743.191 of the Revised Code.	15417

(c) Thirty-seven dollars and fifty cents shall be credited to	15418
the indigent drivers alcohol treatment fund, which is hereby	15419
established in the state treasury. ~~Except as otherwise provided in~~	15420
~~division (F)(2)(c) of this section, moneys in the fund shall be~~	15421
~~distributed by the~~The department of mental health and addiction	15422
services shall distribute the moneys in that fund to the county	15423
indigent drivers alcohol treatment funds, the county juvenile	15424
indigent drivers alcohol treatment funds, and the municipal	15425
indigent drivers alcohol treatment funds that are required to be	15426
established by counties and municipal corporations pursuant to	15427
division (H) of this section~~, and shall~~to be used only ~~to pay~~	15428
~~the cost of an alcohol and drug addiction treatment program~~	15429
~~attended by an offender or juvenile traffic offender who is~~	15430
~~ordered to attend an alcohol and drug addiction treatment program~~	15431
~~by a county, juvenile, or municipal court judge and who is~~	15432
~~determined by the county, juvenile, or municipal court judge not~~	15433
~~to have the means to pay for the person's attendance at the~~	15434
~~program or to pay the costs specified in division (H)(4) of this~~	15435
~~section in accordance with that division. In addition, a county,~~	15436
~~juvenile, or municipal court judge may use moneys in the county~~	15437
~~indigent drivers alcohol treatment fund, county juvenile indigent~~	15438
~~drivers alcohol treatment fund, or municipal indigent drivers~~	15439
~~alcohol treatment fund to pay for the cost of the continued use of~~	15440
~~an alcohol monitoring device as described in divisions (H)(3) and~~	15441
~~(4) of this section~~as provided in division (H)(3) of this	15442
section. Moneys in the fund that are not distributed to a county	15443
indigent drivers alcohol treatment fund, a county juvenile	15444
indigent drivers alcohol treatment fund, or a municipal indigent	15445
drivers alcohol treatment fund under division (H) of this section	15446
because the director of mental health and addiction services does	15447
not have the information necessary to identify the county or	15448
municipal corporation where the offender or juvenile offender was	15449
arrested may be transferred by the director of budget and	15450
management to the statewide treatment and prevention fund created	15451
by section 4301.30 of the Revised Code, upon certification of the	15452
amount by the director of mental health and addiction services.	15453

(d) Seventy-five dollars shall be credited to the	15454
opportunities for Ohioans with disabilities agency established by	15455
section 3304.15 of the Revised Code, to the services for	15456
rehabilitation fund, which is hereby established. The fund shall	15457
be used to match available federal matching funds where	15458
appropriate, and for any other purpose or program of the agency to	15459
rehabilitate persons with disabilities to help them become	15460
employed and independent.	15461

(e) Seventy-five dollars shall be deposited into the state	15462
treasury and credited to the drug abuse resistance education	15463
programs fund, which is hereby established, to be used by the	15464
attorney general for the purposes specified in division (F)(4) of	15465
this section.	15466

(f) Thirty dollars shall be credited to the state bureau of	15467
motor vehicles fund created by section 4501.25 of the Revised	15468
Code.	15469

(g) Twenty dollars shall be credited to the trauma and	15470
emergency medical services fund created by section 4513.263 of the	15471
Revised Code.	15472

(h) Fifty dollars shall be credited to the indigent drivers	15473
interlock and alcohol monitoring fund, which is hereby established	15474
in the state treasury. Moneys in the fund shall be distributed by	15475
the department of public safety to the county indigent drivers	15476
interlock and alcohol monitoring funds, the county juvenile	15477
indigent drivers interlock and alcohol monitoring funds, and the	15478
municipal indigent drivers interlock and alcohol monitoring funds	15479
that are required to be established by counties and municipal	15480
corporations pursuant to this section, and shall be used only to	15481
pay the cost of an immobilizing or disabling device, including a	15482
certified ignition interlock device, or an alcohol monitoring	15483
device used by an offender or juvenile offender who is ordered to	15484
use the device by a county, juvenile, or municipal court judge and	15485
who is determined by the county, juvenile, or municipal court	15486
judge not to have the means to pay for the person's use of the	15487
device.	15488

(3) If a person's driver's or commercial driver's license or	15489
permit is suspended under this section, under section 4511.196 or	15490
division (G) of section 4511.19 of the Revised Code, under section	15491
4510.07 of the Revised Code for a violation of a municipal OVI	15492
ordinance or under any combination of the suspensions described in	15493
division (F)(3) of this section, and if the suspensions arise from	15494
a single incident or a single set of facts and circumstances, the	15495
person is liable for payment of, and shall be required to pay to	15496
the registrar or an eligible deputy registrar, only one	15497
reinstatement fee of four hundred seventy-five dollars. The	15498
reinstatement fee shall be distributed by the bureau in accordance	15499
with division (F)(2) of this section.	15500

(4) The attorney general shall use amounts in the drug abuse	15501
resistance education programs fund to award grants to law	15502
enforcement agencies to establish and implement drug abuse	15503
resistance education programs in public schools. Grants awarded to	15504
a law enforcement agency under this section shall be used by the	15505
agency to pay for not more than fifty per cent of the amount of	15506
the salaries of law enforcement officers who conduct drug abuse	15507
resistance education programs in public schools. The attorney	15508
general shall not use more than six per cent of the amounts the	15509
attorney general's office receives under division (F)(2)(e) of	15510
this section to pay the costs it incurs in administering the grant	15511
program established by division (F)(2)(e) of this section and in	15512
providing training and materials relating to drug abuse resistance	15513
education programs.	15514

The attorney general shall report to the governor and the	15515
general assembly each fiscal year on the progress made in	15516
establishing and implementing drug abuse resistance education	15517
programs. These reports shall include an evaluation of the	15518
effectiveness of these programs.	15519

(5) In addition to the reinstatement fee under this section,	15520
if the person pays the reinstatement fee to a deputy registrar,	15521
the deputy registrar shall collect a service fee of ten dollars to	15522
compensate the deputy registrar for services performed under this	15523
section. The deputy registrar shall retain eight dollars of the	15524
service fee and shall transmit the reinstatement fee, plus two	15525
dollars of the service fee, to the registrar in the manner the	15526
registrar shall determine.	15527

(G) Suspension of a commercial driver's license under	15528
division (B) or (C) of this section shall be concurrent with any	15529
period of disqualification under section 3123.611 or 4506.16 of	15530
the Revised Code or any period of suspension under section 3123.58	15531
of the Revised Code. No person who is disqualified for life from	15532
holding a commercial driver's license under section 4506.16 of the	15533
Revised Code shall be issued a driver's license under Chapter	15534
4507. of the Revised Code during the period for which the	15535
commercial driver's license was suspended under division (B) or	15536
(C) of this section. No person whose commercial driver's license	15537
is suspended under division (B) or (C) of this section shall be	15538
issued a driver's license under Chapter 4507. of the Revised Code	15539
during the period of the suspension.	15540

(H)(1) Each county shall establish an indigent drivers	15541
alcohol treatment fund~~, each county shall establish~~and a juvenile	15542
indigent drivers alcohol treatment fund~~, and each~~. Each municipal	15543
corporation in which there is a municipal court shall establish an	15544
indigent drivers alcohol treatment fund. ~~All revenue that the~~	15545
~~general assembly appropriates to the indigent drivers alcohol~~	15546
~~treatment fund for transfer to a county indigent drivers alcohol~~	15547
~~treatment fund, a county juvenile indigent drivers alcohol~~	15548
~~treatment fund, or a municipal indigent drivers alcohol treatment~~	15549
~~fund, all portions of fees that are paid under division (F) of~~	15550
~~this section and that are credited under that division to the~~	15551
~~indigent drivers alcohol treatment fund in the state treasury for~~	15552
~~a county indigent drivers alcohol treatment fund, a county~~	15553
~~juvenile indigent drivers alcohol treatment fund, or a municipal~~	15554
~~indigent drivers alcohol treatment fund, all portions of~~	15555
~~additional costs imposed under section 2949.094 of the Revised~~	15556
~~Code that are specified for deposit into a county, county~~	15557
~~juvenile, or municipal indigent drivers alcohol treatment fund by~~	15558
~~that section, and all portions of fines that are specified for~~	15559
~~deposit into a county or municipal indigent drivers alcohol~~	15560
~~treatment fund by section 4511.193 of the Revised Code shall be~~	15561
~~deposited into that county indigent drivers alcohol treatment~~	15562
~~fund, county juvenile indigent drivers alcohol treatment fund, or~~	15563
~~municipal indigent drivers alcohol treatment fund. The portions of~~	15564
~~the fees paid under division (F) of this section that are to be so~~	15565
~~deposited shall be determined in accordance with division (H)(2)~~	15566
~~of this section. Additionally, all portions of fines that are paid~~	15567
~~for a violation of section 4511.19 of the Revised Code or of any~~	15568
~~prohibition contained in Chapter 4510. of the Revised Code, and~~	15569
~~that are required under section 4511.19 or any provision of~~	15570
~~Chapter 4510. of the Revised Code to be deposited into a county~~	15571
~~indigent drivers alcohol treatment fund or municipal indigent~~	15572
~~drivers alcohol treatment fund shall be deposited into the~~	15573
~~appropriate fund in accordance with the applicable division of the~~	15574
~~section or provision.~~	15575

The treasurer of state or other appropriate official, as	15576
applicable, shall transfer the following into each county indigent	15577
drivers alcohol treatment fund, county juvenile indigent drivers	15578
alcohol treatment fund, or municipal indigent drivers alcohol	15579
treatment fund, as applicable:	15580

(a) All revenue the general assembly appropriates to the	15581
indigent drivers alcohol treatment fund for transfer into such a	15582
fund;	15583

(b) All portions of fees paid under division (F) of this	15584
section that, in accordance with division (H)(2) of this section,	15585
are credited to the indigent drivers alcohol treatment fund for	15586
deposit into such a fund;	15587

(c) All portions of additional costs imposed under section	15588
2949.094 of the Revised Code that are required to be deposited	15589
into such a fund;	15590

(d) All portions of fines that are required to be deposited	15591
into such a fund under section 4511.193 of the Revised Code;	15592

(e) All portions of fines paid under section 4511.19 of the	15593
Revised Code or Chapter 4510. of the Revised Code that are	15594
required to be paid into such a fund.	15595

(2) That portion of the license reinstatement fee that is	15596
paid under division (F) of this section and that is credited under	15597
that division to the indigent drivers alcohol treatment fund shall	15598
be deposited into a county indigent drivers alcohol treatment	15599
fund, a county juvenile indigent drivers alcohol treatment fund,	15600
or a municipal indigent drivers alcohol treatment fund as follows:	15601

(a) Regarding a suspension imposed under this section, that	15602
portion of the fee shall be deposited as follows:	15603

(i) If the fee is paid by a person who was charged in a	15604
county court with the violation that resulted in the suspension or	15605
in the imposition of the court costs, the portion shall be	15606
deposited into the county indigent drivers alcohol treatment fund	15607
under the control of that court;	15608

(ii) If the fee is paid by a person who was charged in a	15609
juvenile court with the violation that resulted in the suspension	15610
or in the imposition of the court costs, the portion shall be	15611
deposited into the county juvenile indigent drivers alcohol	15612
treatment fund established in the county served by the court;	15613

(iii) If the fee is paid by a person who was charged in a	15614
municipal court with the violation that resulted in the suspension	15615
or in the imposition of the court costs, the portion shall be	15616
deposited into the municipal indigent drivers alcohol treatment	15617
fund under the control of that court.	15618

(b) Regarding a suspension imposed under section 4511.19 of	15619
the Revised Code or under section 4510.07 of the Revised Code for	15620
a violation of a municipal OVI ordinance, that portion of the fee	15621
shall be deposited as follows:	15622

(i) If the fee is paid by a person whose license or permit	15623
was suspended by a county court, the portion shall be deposited	15624
into the county indigent drivers alcohol treatment fund under the	15625
control of that court;	15626

(ii) If the fee is paid by a person whose license or permit	15627
was suspended by a municipal court, the portion shall be deposited	15628
into the municipal indigent drivers alcohol treatment fund under	15629
the control of that court.	15630

(3) ~~Expenditures~~(a) As used in division (H)(3) of this	15631
section, "indigent person" means a person who is convicted of a	15632
violation of division (A) of section 4511.19 of the Revised Code	15633
or a substantially similar municipal ordinance or found to be a	15634
juvenile traffic offender by reason of a violation of division (B)	15635
of section 4511.19 of the Revised Code or a substantially similar	15636
municipal ordinance, who is ordered by the court to attend an	15637
alcohol and drug addiction treatment program, and who is	15638
determined by the court under division (H)(5) of this section to	15639
be unable to pay the cost of the assessment or the cost of	15640
attendance at the treatment program.	15641

(b) A county, juvenile, or municipal court judge, by order,	15642
may make expenditures from a county indigent drivers alcohol	15643
treatment fund, a county juvenile indigent drivers alcohol	15644
treatment fund, or a municipal indigent drivers alcohol treatment	15645
fund ~~shall be made only upon the order of a county, juvenile, or~~	15646
~~municipal court judge and only for payment of the cost of an~~	15647
~~assessment or the cost of the attendance at an alcohol and drug~~	15648
~~addiction treatment program of a~~with respect to an indigent	15649
person ~~who is convicted of, or found to be a juvenile traffic~~	15650
~~offender by reason of, a violation of division (A) of section~~	15651
~~4511.19 of the Revised Code or a substantially similar municipal~~	15652
~~ordinance, who is ordered by the court to attend the alcohol and~~	15653
~~drug addiction treatment program, and who is determined by the~~	15654
~~court to be unable to pay the cost of the assessment or the cost~~	15655
~~of attendance at the treatment program or for payment of the costs~~	15656
~~specified in division (H)(4) of this section in accordance with~~	15657
~~that division. The~~for any of the following:	15658

(i) To pay the cost of an assessment that is conducted by an	15659
appropriately licensed clinician at either a driver intervention	15660
program that is certified under section 5119.38 of the Revised	15661
Code or at a community addiction services provider that is	15662
certified under section 5119.36 of the Revised Code;	15663

(ii) To pay the cost of alcohol addiction services, drug	15664
addiction services, or integrated alcohol and drug addiction	15665
services at a community addiction services provider that is	15666
certified under section 5119.36 of the Revised Code;	15667

(iii) To pay the cost of transportation to attend an	15668
assessment as provided under division (H)(3)(b)(i) of this section	15669
or addiction services as provided under division (H)(3)(b)(ii) of	15670
this section.	15671

The alcohol and drug addiction services board or the board of	15672
alcohol, drug addiction, and mental health services established	15673
pursuant to section 340.02 or 340.021 of the Revised Code and	15674
serving the alcohol, drug addiction, and mental health service	15675
district in which the court is located shall administer the	15676
indigent drivers alcohol treatment program of the court. When a	15677
court orders an offender or juvenile traffic offender to obtain an	15678
assessment or attend an alcohol and drug addiction treatment	15679
program, the board shall determine which program is suitable to	15680
meet the needs of the offender or juvenile traffic offender, and	15681
when a suitable program is located and space is available at the	15682
program, the offender or juvenile traffic offender shall attend	15683
the program designated by the board. A reasonable amount not to	15684
exceed five per cent of the amounts credited to and deposited into	15685
the county indigent drivers alcohol treatment fund, the county	15686
juvenile indigent drivers alcohol treatment fund, or the municipal	15687
indigent drivers alcohol treatment fund serving every court whose	15688
program is administered by that board shall be paid to the board	15689
to cover the costs it incurs in administering those indigent	15690
drivers alcohol treatment programs.	15691

~~In addition, upon~~(c) Upon exhaustion of moneys in the	15692
indigent drivers interlock and alcohol monitoring fund for the use	15693
of an alcohol monitoring device, a county, juvenile, or municipal	15694
court judge may use moneys in the county indigent drivers alcohol	15695
treatment fund, county juvenile indigent drivers alcohol treatment	15696
fund, or municipal indigent drivers alcohol treatment fund in	15697
either of the following manners:	15698

~~(a)~~(i) If the source of the moneys was an appropriation of	15699
the general assembly, a portion of a fee that was paid under	15700
division (F) of this section, a portion of a fine that was	15701
specified for deposit into the fund by section 4511.193 of the	15702
Revised Code, or a portion of a fine that was paid for a violation	15703
of section 4511.19 of the Revised Code or of a provision contained	15704
in Chapter 4510. of the Revised Code that was required to be	15705
deposited into the fund, to pay for the continued use of an	15706
alcohol monitoring device by an offender or juvenile traffic	15707
offender, in conjunction with a treatment program approved by the	15708
department of mental health and addiction services, when such use	15709
is determined clinically necessary by the treatment program and	15710
when the court determines that the offender or juvenile traffic	15711
offender is unable to pay all or part of the daily monitoring or	15712
cost of the device;	15713

~~(b)~~(ii) If the source of the moneys was a portion of an	15714
additional court cost imposed under section 2949.094 of the	15715
Revised Code, to pay for the continued use of an alcohol	15716
monitoring device by an offender or juvenile traffic offender when	15717
the court determines that the offender or juvenile traffic	15718
offender is unable to pay all or part of the daily monitoring or	15719
cost of the device. The moneys may be used for a device as	15720
described in this division if the use of the device is in	15721
conjunction with a treatment program approved by the department of	15722
mental health and addiction services, when the use of the device	15723
is determined clinically necessary by the treatment program, but	15724
the use of a device is not required to be in conjunction with a	15725
treatment program approved by the department in order for the	15726
moneys to be used for the device as described in this division.	15727

(4) If a county, juvenile, or municipal court determines, in	15728
consultation with the alcohol and drug addiction services board or	15729
the board of alcohol, drug addiction, and mental health services	15730
established pursuant to section 340.02 or 340.021 of the Revised	15731
Code and serving the alcohol, drug addiction, and mental health	15732
district in which the court is located, that the funds in the	15733
county indigent drivers alcohol treatment fund, the county	15734
juvenile indigent drivers alcohol treatment fund, or the municipal	15735
indigent drivers alcohol treatment fund under the control of the	15736
court are more than sufficient to satisfy the purpose for which	15737
the fund was established, as specified in divisions (H)(1) to (3)	15738
of this section, the court may declare a surplus in the fund. If	15739
the court declares a surplus in the fund, the court may ~~expend~~	15740
take any of the following actions with regard to the amount of the	15741
surplus in the fund ~~for~~:	15742

(a) ~~Alcohol~~Expend any of the surplus amount for alcohol and	15743
drug abuse assessment and treatment, and for the cost of	15744
transportation related to assessment and treatment, of persons who	15745
are charged in the court with committing a criminal offense or	15746
with being a delinquent child or juvenile traffic offender and in	15747
relation to whom both of the following apply:	15748

(i) The court determines that substance abuse was a	15749
contributing factor leading to the criminal or delinquent activity	15750
or the juvenile traffic offense with which the person is charged.	15751

(ii) The court determines that the person is unable to pay	15752
the cost of the alcohol and drug abuse assessment and treatment	15753
for which the surplus money will be used.	15754

(b) ~~All~~Expend any of the surplus amount to pay all or part	15755
of the cost of purchasing alcohol monitoring devices to be used in	15756
conjunction with division (H)(3)(c) of this section, upon	15757
exhaustion of moneys in the indigent drivers interlock and alcohol	15758
monitoring fund for the use of an alcohol monitoring device.	15759

(c) Transfer to another court in the same county any of the	15760
surplus amount to be utilized in a manner consistent with division	15761
(H)(3) of this section. If surplus funds are transferred to	15762
another court, the court that transfers the funds shall notify the	15763
alcohol and drug addiction services board or the board of alcohol,	15764
drug addiction, and mental health services that serves the	15765
alcohol, drug addiction, and mental health service district in	15766
which that court is located.	15767

(d) Transfer to the alcohol and drug addiction services board	15768
or the board of alcohol, drug addiction, and mental health	15769
services that serves the alcohol, drug addiction, and mental	15770
health service district in which the court is located any of the	15771
surplus amount to be utilized in a manner consistent with division	15772
(H)(3) of this section or for board contracted recovery support	15773
services.	15774

(5) ~~For the purpose of determining as described in division~~	15775
~~(F)(2)(c) of this section whether~~In order to determine if an	15776
offender does not have the means to pay for the offender's	15777
attendance at an alcohol and drug addiction treatment program for	15778
purposes of division (H)(3) of this section or ~~whether~~if an	15779
alleged offender or delinquent child is unable to pay the costs	15780
specified in division (H)(4) of this section, the court shall use	15781
the indigent client eligibility guidelines and the standards of	15782
indigency established by the state public defender to make the	15783
determination.	15784

(6) The court shall identify and refer any community	15785
addiction services provider that is not certified under section	15786
5119.36 of the Revised Code and that is interested in receiving	15787
amounts from the surplus in the fund declared under division	15788
(H)(4) of this section to the department of mental health and	15789
addiction services in order for the services provider to become a	15790
certified community addiction services provider. The department	15791
shall keep a record of applicant referrals received pursuant to	15792
this division and shall submit a report on the referrals each year	15793
to the general assembly. If a services provider interested in	15794
becoming certified makes an application to become certified	15795
pursuant to section 5119.36 of the Revised Code, the services	15796
provider is eligible to receive surplus funds as long as the	15797
application is pending with the department. The department of	15798
mental health and addiction services must offer technical	15799
assistance to the applicant. If the interested services provider	15800
withdraws the certification application, the department must	15801
notify the court, and the court shall not provide the interested	15802
services provider with any further surplus funds.	15803

(7)(a) Each alcohol and drug addiction services board and	15804
board of alcohol, drug addiction, and mental health services	15805
established pursuant to section 340.02 or 340.021 of the Revised	15806
Code shall submit to the department of mental health and addiction	15807
services an annual report for each indigent drivers alcohol	15808
treatment fund in that board's area.	15809

(b) The report, which shall be submitted not later than sixty	15810
days after the end of the state fiscal year, shall provide the	15811
total payment that was made from the fund, including the number of	15812
indigent consumers that received treatment services and the number	15813
of indigent consumers that received an alcohol monitoring device.	15814
The report shall identify the treatment program and expenditure	15815
for an alcohol monitoring device for which that payment was made.	15816
The report shall include the fiscal year balance of each indigent	15817
drivers alcohol treatment fund located in that board's area. In	15818
the event that a surplus is declared in the fund pursuant to	15819
division (H)(4) of this section, the report also shall provide the	15820
total payment that was made from the surplus moneys and identify	15821
the ~~treatment program and expenditure for an alcohol monitoring~~	15822
~~device~~authorized purpose for which that payment was made.	15823

(c) If a board is unable to obtain adequate information to	15824
develop the report to submit to the department for a particular	15825
indigent drivers alcohol treatment fund, the board shall submit a	15826
report detailing the effort made in obtaining the information.	15827

(I)(1) Each county shall establish an indigent drivers	15828
interlock and alcohol monitoring fund and a juvenile indigent	15829
drivers interlock and alcohol treatment fund~~, and each~~. Each	15830
municipal corporation in which there is a municipal court shall	15831
establish an indigent drivers interlock and alcohol monitoring	15832
fund. ~~All revenue that the general assembly appropriates to the~~	15833
~~indigent drivers interlock and alcohol monitoring fund for~~	15834
~~transfer to a county indigent drivers interlock and alcohol~~	15835
~~monitoring fund, a county juvenile indigent drivers interlock and~~	15836
~~alcohol monitoring fund, or a municipal indigent drivers interlock~~	15837
~~and alcohol monitoring fund, all portions of license reinstatement~~	15838
~~fees that are paid under division (F)(2) of this section and that~~	15839
~~are credited under that division to the indigent drivers interlock~~	15840
~~and alcohol monitoring fund in the state treasury, and all~~	15841
~~portions of fines that are paid under division (G) of section~~	15842
~~4511.19 of the Revised Code and that are credited by division~~	15843
~~(G)(5)(e) of that section to the indigent drivers interlock and~~	15844
~~alcohol monitoring fund in the state treasury shall be deposited~~	15845
~~in the appropriate fund in accordance with division (I)(2) of this~~	15846
~~section.~~	15847

The treasurer of state shall transfer the following into each	15848
county indigent drivers interlock and alcohol monitoring fund,	15849
county juvenile indigent drivers interlock and alcohol monitoring	15850
fund, or municipal indigent drivers interlock and alcohol	15851
monitoring fund, as applicable:	15852

(a) All revenue the general assembly appropriates to the	15853
indigent drivers interlock and alcohol monitoring fund for	15854
transfer into such a fund;	15855

(b) All portions of license reinstatement fees paid under	15856
division (F)(2) of this section that, in accordance with division	15857
(I)(2) of this section, are credited to the indigent drivers	15858
interlock and alcohol monitoring fund for deposit into a such	15859
fund;	15860

(c) All portions of fines that are paid under division (G) of	15861
section 4511.19 of the Revised Code and are credited by division	15862
(G)(5)(e) of that section to the indigent drivers interlock and	15863
alcohol monitoring fund for deposit into such a fund in accordance	15864
with division (I)(2) of this section.	15865

(2) That portion of the license reinstatement fee that is	15866
paid under division (F) of this section and that portion of the	15867
fine paid under division (G) of section 4511.19 of the Revised	15868
Code and that is credited under either division to the indigent	15869
drivers interlock and alcohol monitoring fund shall be deposited	15870
into a county indigent drivers interlock and alcohol monitoring	15871
fund, a county juvenile indigent drivers interlock and alcohol	15872
monitoring fund, or a municipal indigent drivers interlock and	15873
alcohol monitoring fund as follows:	15874

(a) If the fee or fine is paid by a person who was charged in	15875
a county court with the violation that resulted in the suspension	15876
or fine, the portion shall be deposited into the county indigent	15877
drivers interlock and alcohol monitoring fund under the control of	15878
that court.	15879

(b) If the fee or fine is paid by a person who was charged in	15880
a juvenile court with the violation that resulted in the	15881
suspension or fine, the portion shall be deposited into the county	15882
juvenile indigent drivers interlock and alcohol monitoring fund	15883
established in the county served by the court.	15884

(c) If the fee or fine is paid by a person who was charged in	15885
a municipal court with the violation that resulted in the	15886
suspension, the portion shall be deposited into the municipal	15887
indigent drivers interlock and alcohol monitoring fund under the	15888
control of that court.	15889

(3) If a county, juvenile, or municipal court determines that	15890
the funds in the county indigent drivers interlock and alcohol	15891
monitoring fund, the county juvenile indigent drivers interlock	15892
and alcohol monitoring fund, or the municipal indigent drivers	15893
interlock and alcohol monitoring fund under the control of that	15894
court are more than sufficient to satisfy the purpose for which	15895
the fund was established as specified in division (F)(2)(h) of	15896
this section, the court may declare a surplus in the fund. The	15897
court then may order the transfer of a specified amount into the	15898
county indigent drivers alcohol treatment fund, the county	15899
juvenile indigent drivers alcohol treatment fund, or the municipal	15900
indigent drivers alcohol treatment fund under the control of that	15901
court to be utilized in accordance with division (H) of this	15902
section.	15903

Sec. 4715.14. (A)(1) Each person who is licensed to practice	15904
dentistry in Ohio shall, on or before the first day of January of	15905
each even-numbered year, register with the state dental board. The	15906
registration shall be made on a form prescribed by the board and	15907
furnished by the secretary, shall include the licensee's name,	15908
address, license number, and such other reasonable information as	15909
the board may consider necessary, and shall include payment of a	15910
biennial registration fee of two hundred forty-five dollars.	15911
Except as provided in division (E) of this section, this fee shall	15912
be paid to the treasurer of state. Subject to division (C) of this	15913
section, a registration shall be in effect for the two-year period	15914
beginning on the first day of January of the even-numbered year	15915
and ending on the last day of December of the following	15916
odd-numbered year, and shall be renewed in accordance with the	15917
standard renewal procedure of sections 4745.01 to 4745.03 of the	15918
Revised Code.	15919

(2)(a) Except as provided in division (A)(2)(b) of this	15920
section, in the case of a licensee seeking registration who	15921
prescribes or personally furnishes opioid analgesics or	15922
benzodiazepines, the licensee shall certify to the board whether	15923
the licensee has been granted access to the drug database	15924
established and maintained by the state board of pharmacy pursuant	15925
to section 4729.75 of the Revised Code.	15926

(b) The requirement in division (A)(2)(a) of this section	15927
does not apply if either of the following is the case:	15928

(i) The state board of pharmacy notifies the state dental	15929
board pursuant to section 4729.861 of the Revised Code that the	15930
licensee has been restricted from obtaining further information	15931
from the drug database.	15932

(ii) The state board of pharmacy no longer maintains the drug	15933
database.	15934

(3) If a licensee certifies to the state dental board that	15935
the licensee has been granted access to the drug database and the	15936
board finds through an audit or other means that the licensee has	15937
not been granted access, the board may take action under section	15938
4715.30 of the Revised Code.	15939

(B) A licensed dentist who desires to temporarily retire from	15940
practice and who has given the board notice in writing to that	15941
effect shall be granted such a retirement, provided only that at	15942
that time all previous registration fees and additional costs of	15943
reinstatement have been paid.	15944

(C) Not later than the thirty-first day of January of an	15945
even-numbered year, the board shall send a notice by certified	15946
mail to a dentist who fails to renew a license in accordance with	15947
division (A) of this section. The notice shall state all of the	15948
following:	15949

(1) That the board has not received the registration form and	15950
fee described in that division;	15951

(2) That the license shall remain valid and in good standing	15952
until the first day of April following the last day of December of	15953
the odd-numbered year in which the dentist was scheduled to renew	15954
if the dentist remains in compliance with all other applicable	15955
provisions of this chapter and any rule adopted under it;	15956

(3) That the license may be renewed until the first day of	15957
April following the last day of December of the odd-numbered year	15958
in which the dentist was scheduled to renew by the payment of the	15959
biennial registration fee and an additional fee of one hundred	15960
dollars to cover the cost of late renewal;	15961

(4) That unless the board receives the registration form and	15962
fee before the first day of April following the last day of	15963
December of the odd-numbered year in which the dentist was	15964
scheduled to renew, the board may, on or after the relevant first	15965
day of April, initiate disciplinary action against the dentist	15966
pursuant to Chapter 119. of the Revised Code;	15967

(5) That a dentist whose license has been suspended as a	15968
result of disciplinary action initiated pursuant to division	15969
(C)(4) of this section may be reinstated by the payment of the	15970
biennial registration fee and an additional fee of three hundred	15971
dollars to cover the cost of reinstatement.	15972

(D) Each dentist licensed to practice, whether a resident or	15973
not, shall notify the secretary in writing or electronically of	15974
any change in the dentist's office address or employment within	15975
ten days after such change has taken place. On the first day of	15976
July of every even-numbered year, the secretary shall issue a	15977
printed roster of the names and addresses so registered.	15978

(E) Twenty dollars of each biennial registration fee shall be	15979
paid to the dentist loan repayment fund created under section	15980
3702.95 of the Revised Code.	15981

Sec. 4715.15. When a dentist orders a test for the presence	15982
of Lyme disease in a patient, the dentist or dentist's delegate	15983
shall provide to the patient or patient's representative a written	15984
notice with the following information:	15985

"Your health care provider has ordered a test for the	15986
presence of Lyme disease. Current testing for Lyme disease can be	15987
problematic and may lead to false results. If you are tested for	15988
Lyme disease and the results are positive, this does not	15989
necessarily mean that you have contracted Lyme disease. In the	15990
alternative, if the results are negative, this does not	15991
necessarily mean that you have not contracted Lyme disease. If you	15992
continue to experience symptoms or have other health concerns, you	15993
should contact your health care provider and inquire about the	15994
appropriateness of additional testing or treatment."	15995

The dentist or dentist's delegate shall obtain a signature	15996
from the patient or patient's representative indicating receipt of	15997
the notice. The document containing the signature shall be kept in	15998
the patient's record.	15999

Sec. 4715.30. (A) An applicant for or holder of a	16000
certificate or license issued under this chapter is subject to	16001
disciplinary action by the state dental board for any of the	16002
following reasons:	16003

(1) Employing or cooperating in fraud or material deception	16004
in applying for or obtaining a license or certificate;	16005

(2) Obtaining or attempting to obtain money or anything of	16006
value by intentional misrepresentation or material deception in	16007
the course of practice;	16008

(3) Advertising services in a false or misleading manner or	16009
violating the board's rules governing time, place, and manner of	16010
advertising;	16011

(4) Commission of an act that constitutes a felony in this	16012
state, regardless of the jurisdiction in which the act was	16013
committed;	16014

(5) Commission of an act in the course of practice that	16015
constitutes a misdemeanor in this state, regardless of the	16016
jurisdiction in which the act was committed;	16017

(6) Conviction of, a plea of guilty to, a judicial finding of	16018
guilt of, a judicial finding of guilt resulting from a plea of no	16019
contest to, or a judicial finding of eligibility for intervention	16020
in lieu of conviction for, any felony or of a misdemeanor	16021
committed in the course of practice;	16022

(7) Engaging in lewd or immoral conduct in connection with	16023
the provision of dental services;	16024

(8) Selling, prescribing, giving away, or administering drugs	16025
for other than legal and legitimate therapeutic purposes, or	16026
conviction of, a plea of guilty to, a judicial finding of guilt	16027
of, a judicial finding of guilt resulting from a plea of no	16028
contest to, or a judicial finding of eligibility for intervention	16029
in lieu of conviction for, a violation of any federal or state law	16030
regulating the possession, distribution, or use of any drug;	16031

(9) Providing or allowing dental hygienists, expanded	16032
function dental auxiliaries, or other practitioners of auxiliary	16033
dental occupations working under the certificate or license	16034
holder's supervision, or a dentist holding a temporary limited	16035
continuing education license under division (C) of section 4715.16	16036
of the Revised Code working under the certificate or license	16037
holder's direct supervision, to provide dental care that departs	16038
from or fails to conform to accepted standards for the profession,	16039
whether or not injury to a patient results;	16040

(10) Inability to practice under accepted standards of the	16041
profession because of physical or mental disability, dependence on	16042
alcohol or other drugs, or excessive use of alcohol or other	16043
drugs;	16044

(11) Violation of any provision of this chapter or any rule	16045
adopted thereunder;	16046

(12) Failure to use universal blood and body fluid	16047
precautions established by rules adopted under section 4715.03 of	16048
the Revised Code;	16049

(13) Except as provided in division (H) of this section,	16050
either of the following:	16051

(a) Waiving the payment of all or any part of a deductible or	16052
copayment that a patient, pursuant to a health insurance or health	16053
care policy, contract, or plan that covers dental services, would	16054
otherwise be required to pay if the waiver is used as an	16055
enticement to a patient or group of patients to receive health	16056
care services from that certificate or license holder;	16057

(b) Advertising that the certificate or license holder will	16058
waive the payment of all or any part of a deductible or copayment	16059
that a patient, pursuant to a health insurance or health care	16060
policy, contract, or plan that covers dental services, would	16061
otherwise be required to pay.	16062

(14) Failure to comply with section 4715.302 or 4729.79 of	16063
the Revised Code, unless the state board of pharmacy no longer	16064
maintains a drug database pursuant to section 4729.75 of the	16065
Revised Code;	16066

(15) Any of the following actions taken by an agency	16067
responsible for authorizing, certifying, or regulating an	16068
individual to practice a health care occupation or provide health	16069
care services in this state or another jurisdiction, for any	16070
reason other than the nonpayment of fees: the limitation,	16071
revocation, or suspension of an individual's license to practice;	16072
acceptance of an individual's license surrender; denial of a	16073
license; refusal to renew or reinstate a license; imposition of	16074
probation; or issuance of an order of censure or other reprimand;	16075

(16) Failure to cooperate in an investigation conducted by	16076
the board under division (D) of section 4715.03 of the Revised	16077
Code, including failure to comply with a subpoena or order issued	16078
by the board or failure to answer truthfully a question presented	16079
by the board at a deposition or in written interrogatories, except	16080
that failure to cooperate with an investigation shall not	16081
constitute grounds for discipline under this section if a court of	16082
competent jurisdiction has issued an order that either quashes a	16083
subpoena or permits the individual to withhold the testimony or	16084
evidence in issue.	16085

(B) A manager, proprietor, operator, or conductor of a dental	16086
facility shall be subject to disciplinary action if any dentist,	16087
dental hygienist, expanded function dental auxiliary, or qualified	16088
personnel providing services in the facility is found to have	16089
committed a violation listed in division (A) of this section and	16090
the manager, proprietor, operator, or conductor knew of the	16091
violation and permitted it to occur on a recurring basis.	16092

(C) Subject to Chapter 119. of the Revised Code, the board	16093
may take one or more of the following disciplinary actions if one	16094
or more of the grounds for discipline listed in divisions (A) and	16095
(B) of this section exist:	16096

(1) Censure the license or certificate holder;

16097

(2) Place the license or certificate on probationary status	16098
for such period of time the board determines necessary and require	16099
the holder to:	16100

(a) Report regularly to the board upon the matters which are	16101
the basis of probation;	16102

(b) Limit practice to those areas specified by the board;

16103

(c) Continue or renew professional education until a	16104
satisfactory degree of knowledge or clinical competency has been	16105
attained in specified areas.	16106

(3) Suspend the certificate or license;

16107

(4) Revoke the certificate or license.

16108

Where the board places a holder of a license or certificate	16109
on probationary status pursuant to division (C)(2) of this	16110
section, the board may subsequently suspend or revoke the license	16111
or certificate if it determines that the holder has not met the	16112
requirements of the probation or continues to engage in activities	16113
that constitute grounds for discipline pursuant to division (A) or	16114
(B) of this section.	16115

Any order suspending a license or certificate shall state the	16116
conditions under which the license or certificate will be	16117
restored, which may include a conditional restoration during which	16118
time the holder is in a probationary status pursuant to division	16119
(C)(2) of this section. The board shall restore the license or	16120
certificate unconditionally when such conditions are met.	16121

(D) If the physical or mental condition of an applicant or a	16122
license or certificate holder is at issue in a disciplinary	16123
proceeding, the board may order the license or certificate holder	16124
to submit to reasonable examinations by an individual designated	16125
or approved by the board and at the board's expense. The physical	16126
examination may be conducted by any individual authorized by the	16127
Revised Code to do so, including a physician assistant, a clinical	16128
nurse specialist, a certified nurse practitioner, or a certified	16129
nurse-midwife. Any written documentation of the physical	16130
examination shall be completed by the individual who conducted the	16131
examination.	16132

Failure to comply with an order for an examination shall be	16133
grounds for refusal of a license or certificate or summary	16134
suspension of a license or certificate under division (E) of this	16135
section.	16136

(E) If a license or certificate holder has failed to comply	16137
with an order under division (D) of this section, the board may	16138
apply to the court of common pleas of the county in which the	16139
holder resides for an order temporarily suspending the holder's	16140
license or certificate, without a prior hearing being afforded by	16141
the board, until the board conducts an adjudication hearing	16142
pursuant to Chapter 119. of the Revised Code. If the court	16143
temporarily suspends a holder's license or certificate, the board	16144
shall give written notice of the suspension personally or by	16145
certified mail to the license or certificate holder. Such notice	16146
shall inform the license or certificate holder of the right to a	16147
hearing pursuant to Chapter 119. of the Revised Code.	16148

(F) Any holder of a certificate or license issued under this	16149
chapter who has pleaded guilty to, has been convicted of, or has	16150
had a judicial finding of eligibility for intervention in lieu of	16151
conviction entered against the holder in this state for aggravated	16152
murder, murder, voluntary manslaughter, felonious assault,	16153
kidnapping, rape, sexual battery, gross sexual imposition,	16154
aggravated arson, aggravated robbery, or aggravated burglary, or	16155
who has pleaded guilty to, has been convicted of, or has had a	16156
judicial finding of eligibility for treatment or intervention in	16157
lieu of conviction entered against the holder in another	16158
jurisdiction for any substantially equivalent criminal offense, is	16159
automatically suspended from practice under this chapter in this	16160
state and any certificate or license issued to the holder under	16161
this chapter is automatically suspended, as of the date of the	16162
guilty plea, conviction, or judicial finding, whether the	16163
proceedings are brought in this state or another jurisdiction.	16164
Continued practice by an individual after the suspension of the	16165
individual's certificate or license under this division shall be	16166
considered practicing without a certificate or license. The board	16167
shall notify the suspended individual of the suspension of the	16168
individual's certificate or license under this division by	16169
certified mail or in person in accordance with section 119.07 of	16170
the Revised Code. If an individual whose certificate or license is	16171
suspended under this division fails to make a timely request for	16172
an adjudicatory hearing, the board shall enter a final order	16173
revoking the individual's certificate or license.	16174

(G) If the supervisory investigative panel determines both of	16175
the following, the panel may recommend that the board suspend an	16176
individual's certificate or license without a prior hearing:	16177

(1) That there is clear and convincing evidence that an	16178
individual has violated division (A) of this section;	16179

(2) That the individual's continued practice presents a	16180
danger of immediate and serious harm to the public.	16181

Written allegations shall be prepared for consideration by	16182
the board. The board, upon review of those allegations and by an	16183
affirmative vote of not fewer than four dentist members of the	16184
board and seven of its members in total, excluding any member on	16185
the supervisory investigative panel, may suspend a certificate or	16186
license without a prior hearing. A telephone conference call may	16187
be utilized for reviewing the allegations and taking the vote on	16188
the summary suspension.	16189

The board shall issue a written order of suspension by	16190
certified mail or in person in accordance with section 119.07 of	16191
the Revised Code. The order shall not be subject to suspension by	16192
the court during pendency or any appeal filed under section 119.12	16193
of the Revised Code. If the individual subject to the summary	16194
suspension requests an adjudicatory hearing by the board, the date	16195
set for the hearing shall be within fifteen days, but not earlier	16196
than seven days, after the individual requests the hearing, unless	16197
otherwise agreed to by both the board and the individual.	16198

Any summary suspension imposed under this division shall	16199
remain in effect, unless reversed on appeal, until a final	16200
adjudicative order issued by the board pursuant to this section	16201
and Chapter 119. of the Revised Code becomes effective. The board	16202
shall issue its final adjudicative order within seventy-five days	16203
after completion of its hearing. A failure to issue the order	16204
within seventy-five days shall result in dissolution of the	16205
summary suspension order but shall not invalidate any subsequent,	16206
final adjudicative order.	16207

(H) Sanctions shall not be imposed under division (A)(13) of	16208
this section against any certificate or license holder who waives	16209
deductibles and copayments as follows:	16210

(1) In compliance with the health benefit plan that expressly	16211
allows such a practice. Waiver of the deductibles or copayments	16212
shall be made only with the full knowledge and consent of the plan	16213
purchaser, payer, and third-party administrator. Documentation of	16214
the consent shall be made available to the board upon request.	16215

(2) For professional services rendered to any other person	16216
who holds a certificate or license issued pursuant to this chapter	16217
to the extent allowed by this chapter and the rules of the board.	16218

(I) In no event shall the board consider or raise during a	16219
hearing required by Chapter 119. of the Revised Code the	16220
circumstances of, or the fact that the board has received, one or	16221
more complaints about a person unless the one or more complaints	16222
are the subject of the hearing or resulted in the board taking an	16223
action authorized by this section against the person on a prior	16224
occasion.	16225

(J) The board may share any information it receives pursuant	16226
to an investigation under division (D) of section 4715.03 of the	16227
Revised Code, including patient records and patient record	16228
information, with law enforcement agencies, other licensing	16229
boards, and other governmental agencies that are prosecuting,	16230
adjudicating, or investigating alleged violations of statutes or	16231
administrative rules. An agency or board that receives the	16232
information shall comply with the same requirements regarding	16233
confidentiality as those with which the state dental board must	16234
comply, notwithstanding any conflicting provision of the Revised	16235
Code or procedure of the agency or board that applies when it is	16236
dealing with other information in its possession. In a judicial	16237
proceeding, the information may be admitted into evidence only in	16238
accordance with the Rules of Evidence, but the court shall require	16239
that appropriate measures are taken to ensure that confidentiality	16240
is maintained with respect to any part of the information that	16241
contains names or other identifying information about patients or	16242
complainants whose confidentiality was protected by the state	16243
dental board when the information was in the board's possession.	16244
Measures to ensure confidentiality that may be taken by the court	16245
include sealing its records or deleting specific information from	16246
its records.	16247

Sec. 4715.302. (A) As used in this section, "drug database"	16248
means the database established and maintained by the state board	16249
of pharmacy pursuant to section 4729.75 of the Revised Code.	16250

(B) ~~The~~Except as provided in divisions (C) and (E) of this	16251
section, a dentist shall comply with all of the following as	16252
conditions of prescribing a drug that is either an opioid	16253
analgesic or a benzodiazepine, or personally furnishing a complete	16254
or partial supply of such a drug, as part of a patient's course of	16255
treatment for a particular condition:	16256

(1) Before initially prescribing or furnishing the drug, the	16257
dentist or the dentist's delegate shall request from the drug	16258
database a report of information related to the patient that	16259
covers at least the twelve months immediately preceding the date	16260
of the request. If the dentist practices primarily in a county of	16261
this state that adjoins another state, the dentist or delegate	16262
also shall request a report of any information available in the	16263
drug database that pertains to prescriptions issued or drugs	16264
furnished to the patient in the state adjoining that county.	16265

(2) If the patient's course of treatment for the condition	16266
continues for more than ninety days after the initial report is	16267
requested, the dentist or delegate shall make periodic requests	16268
for reports of information from the drug database until the course	16269
of treatment has ended. The requests shall be made at intervals	16270
not exceeding ninety days, determined according to the date the	16271
initial request was made. The request shall be made in the same	16272
manner provided in division (B)(1) of this section for requesting	16273
the initial report of information from the drug database.	16274

(3) On receipt of a report under division (B)(1) or (2) of	16275
this section, the dentist shall assess the information in the	16276
report. The dentist shall document in the patient's record that	16277
the report was received and the information was assessed.	16278

(C)(1) Division (B) of this section does not apply if a drug	16279
database report regarding the patient is not available. In this	16280
event, the dentist shall document in the patient's record the	16281
reason that the report is not available.	16282

(2) Division (B) of this section does not apply if the drug	16283
is prescribed or personally furnished in an amount indicated for a	16284
period not to exceed seven days.	16285

(D) With respect to prescribing or personally furnishing any	16286
drug that is not an opioid analgesic or a benzodiazepine but is	16287
included in the drug database pursuant to rules adopted under	16288
section 4729.84 of the Revised Code, the state dental board shall	16289
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	16290
that establish standards and procedures to be followed by a	16291
dentist regarding the review of patient information available	16292
through the drug database under division (A)(5) of section 4729.80	16293
of the Revised Code. The rules shall be adopted in accordance with	16294
Chapter 119. of the Revised Code.	16295

~~(C)~~(E) This section and the rules adopted under it do not	16296
apply if the state board of pharmacy no longer maintains the drug	16297
database.	16298

Sec. 4717.10. (A) The board of embalmers and funeral	16299
directors may recognize licenses issued to embalmers and funeral	16300
directors by other states, and upon presentation of such licenses,	16301
may issue to the holder an embalmer's or funeral director's	16302
license under this chapter. The board shall charge the same fee as	16303
prescribed in section 4717.07 of the Revised Code to issue or	16304
renew such an embalmer's or funeral director's license. Such	16305
licenses shall be renewed biennially as provided in section	16306
4717.08 of the Revised Code. The board shall not issue a license	16307
to any person under division (A) of this section unless the	16308
applicant proves that the applicant, in the state in which the	16309
applicant is licensed, has complied with requirements	16310
substantially equal to those established in section 4717.05 of the	16311
Revised Code.	16312

(B) The board of embalmers and funeral directors may issue	16313
courtesy ~~cards~~card permits. A courtesy ~~cardholder~~card permit	16314
holder shall be authorized to undertake both the following acts in	16315
this state:	16316

(1) Prepare and complete those sections of a death	16317
certificate and other permits needed for disposition of deceased	16318
human remains in this state and sign and file such death	16319
certificates and permits;	16320

(2) Supervise and conduct funeral ceremonies ~~and~~, interments,	16321
and entombments in this state.	16322

(C) The board of embalmers and funeral directors may	16323
determine under what conditions a courtesy card permit may be	16324
issued to funeral directors in bordering states after taking into	16325
account whether and under what conditions and fees such border	16326
states issue similar courtesy ~~cards~~card permits to funeral	16327
directors licensed in this state. A courtesy card permit holder	16328
shall comply with all applicable laws and rules of this state	16329
while engaged in any acts of funeral directing in this state. The	16330
board may revoke or suspend a courtesy card permit or subject a	16331
courtesy card permit holder to discipline in accordance with the	16332
laws, rules, and procedures applicable to funeral director	16333
licensees under this chapter. Applicants for courtesy ~~cards~~card	16334
permits shall apply on forms prescribed by the board, pay a	16335
biennial fee set by the board for initial applications and	16336
renewals, and adhere to such other requirements imposed by the	16337
board on courtesy ~~cardholders~~card permit holders.	16338

(D) No courtesy ~~cardholder~~card permit holder shall be	16339
authorized to undertake any of the following activities in this	16340
state:	16341

(1) Arranging funerals or disposition services with members	16342
of the public in this state;	16343

(2) Be employed by or under contract to a funeral home	16344
licensed in this state to perform funeral services in this state;	16345

(3) Advertise funeral or disposition services in this state;

16346

(4) Enter into or execute funeral or disposition contracts in	16347
this state;	16348

(5) Prepare or embalm deceased human remains in this state;

16349

(6) Arrange for or carry out the disinterment of human	16350
remains in this state.	16351

(E) As used in this section, "courtesy card permit" means a	16352
special permit that may be issued to a funeral director licensed	16353
in a state that borders this state and who does not hold a funeral	16354
director's license under this chapter.	16355

Sec. 4723.28. (A) The board of nursing, by a vote of a	16356
quorum, may impose one or more of the following sanctions if it	16357
finds that a person committed fraud in passing an examination	16358
required to obtain a license, certificate of authority, or	16359
dialysis technician certificate issued by the board or to have	16360
committed fraud, misrepresentation, or deception in applying for	16361
or securing any nursing license, certificate of authority, or	16362
dialysis technician certificate issued by the board: deny, revoke,	16363
suspend, or place restrictions on any nursing license, certificate	16364
of authority, or dialysis technician certificate issued by the	16365
board; reprimand or otherwise discipline a holder of a nursing	16366
license, certificate of authority, or dialysis technician	16367
certificate; or impose a fine of not more than five hundred	16368
dollars per violation.	16369

(B) The board of nursing, by a vote of a quorum, may impose	16370
one or more of the following sanctions: deny, revoke, suspend, or	16371
place restrictions on any nursing license, certificate of	16372
authority, or dialysis technician certificate issued by the board;	16373
reprimand or otherwise discipline a holder of a nursing license,	16374
certificate of authority, or dialysis technician certificate; or	16375
impose a fine of not more than five hundred dollars per violation.	16376
The sanctions may be imposed for any of the following:	16377

(1) Denial, revocation, suspension, or restriction of	16378
authority to engage in a licensed profession or practice a health	16379
care occupation, including nursing or practice as a dialysis	16380
technician, for any reason other than a failure to renew, in Ohio	16381
or another state or jurisdiction;	16382

(2) Engaging in the practice of nursing or engaging in	16383
practice as a dialysis technician, having failed to renew a	16384
nursing license or dialysis technician certificate issued under	16385
this chapter, or while a nursing license or dialysis technician	16386
certificate is under suspension;	16387

(3) Conviction of, a plea of guilty to, a judicial finding of	16388
guilt of, a judicial finding of guilt resulting from a plea of no	16389
contest to, or a judicial finding of eligibility for a pretrial	16390
diversion or similar program or for intervention in lieu of	16391
conviction for, a misdemeanor committed in the course of practice;	16392

(4) Conviction of, a plea of guilty to, a judicial finding of	16393
guilt of, a judicial finding of guilt resulting from a plea of no	16394
contest to, or a judicial finding of eligibility for a pretrial	16395
diversion or similar program or for intervention in lieu of	16396
conviction for, any felony or of any crime involving gross	16397
immorality or moral turpitude;	16398

(5) Selling, giving away, or administering drugs or	16399
therapeutic devices for other than legal and legitimate	16400
therapeutic purposes; or conviction of, a plea of guilty to, a	16401
judicial finding of guilt of, a judicial finding of guilt	16402
resulting from a plea of no contest to, or a judicial finding of	16403
eligibility for a pretrial diversion or similar program or for	16404
intervention in lieu of conviction for, violating any municipal,	16405
state, county, or federal drug law;	16406

(6) Conviction of, a plea of guilty to, a judicial finding of	16407
guilt of, a judicial finding of guilt resulting from a plea of no	16408
contest to, or a judicial finding of eligibility for a pretrial	16409
diversion or similar program or for intervention in lieu of	16410
conviction for, an act in another jurisdiction that would	16411
constitute a felony or a crime of moral turpitude in Ohio;	16412

(7) Conviction of, a plea of guilty to, a judicial finding of	16413
guilt of, a judicial finding of guilt resulting from a plea of no	16414
contest to, or a judicial finding of eligibility for a pretrial	16415
diversion or similar program or for intervention in lieu of	16416
conviction for, an act in the course of practice in another	16417
jurisdiction that would constitute a misdemeanor in Ohio;	16418

(8) Self-administering or otherwise taking into the body any	16419
dangerous drug, as defined in section 4729.01 of the Revised Code,	16420
in any way that is not in accordance with a legal, valid	16421
prescription issued for that individual, or self-administering or	16422
otherwise taking into the body any drug that is a schedule I	16423
controlled substance;	16424

(9) Habitual or excessive use of controlled substances, other	16425
habit-forming drugs, or alcohol or other chemical substances to an	16426
extent that impairs the individual's ability to provide safe	16427
nursing care or safe dialysis care;	16428

(10) Impairment of the ability to practice according to	16429
acceptable and prevailing standards of safe nursing care or safe	16430
dialysis care because of the use of drugs, alcohol, or other	16431
chemical substances;	16432

(11) Impairment of the ability to practice according to	16433
acceptable and prevailing standards of safe nursing care or safe	16434
dialysis care because of a physical or mental disability;	16435

(12) Assaulting or causing harm to a patient or depriving a	16436
patient of the means to summon assistance;	16437

(13) Misappropriation or attempted misappropriation of money	16438
or anything of value in the course of practice;	16439

(14) Adjudication by a probate court of being mentally ill or	16440
mentally incompetent. The board may reinstate the person's nursing	16441
license or dialysis technician certificate upon adjudication by a	16442
probate court of the person's restoration to competency or upon	16443
submission to the board of other proof of competency.	16444

(15) The suspension or termination of employment by the	16445
department of defense or the veterans administration of the United	16446
States for any act that violates or would violate this chapter;	16447

(16) Violation of this chapter or any rules adopted under it;

16448

(17) Violation of any restrictions placed by the board on a	16449
nursing license or dialysis technician certificate;	16450

(18) Failure to use universal and standard precautions	16451
established by rules adopted under section 4723.07 of the Revised	16452
Code;	16453

(19) Failure to practice in accordance with acceptable and	16454
prevailing standards of safe nursing care or safe dialysis care;	16455

(20) In the case of a registered nurse, engaging in	16456
activities that exceed the practice of nursing as a registered	16457
nurse;	16458

(21) In the case of a licensed practical nurse, engaging in	16459
activities that exceed the practice of nursing as a licensed	16460
practical nurse;	16461

(22) In the case of a dialysis technician, engaging in	16462
activities that exceed those permitted under section 4723.72 of	16463
the Revised Code;	16464

(23) Aiding and abetting a person in that person's practice	16465
of nursing without a license or practice as a dialysis technician	16466
without a certificate issued under this chapter;	16467

(24) In the case of a certified registered nurse anesthetist,	16468
clinical nurse specialist, certified nurse-midwife, or certified	16469
nurse practitioner, except as provided in division (M) of this	16470
section, either of the following:	16471

(a) Waiving the payment of all or any part of a deductible or	16472
copayment that a patient, pursuant to a health insurance or health	16473
care policy, contract, or plan that covers such nursing services,	16474
would otherwise be required to pay if the waiver is used as an	16475
enticement to a patient or group of patients to receive health	16476
care services from that provider;	16477

(b) Advertising that the nurse will waive the payment of all	16478
or any part of a deductible or copayment that a patient, pursuant	16479
to a health insurance or health care policy, contract, or plan	16480
that covers such nursing services, would otherwise be required to	16481
pay.	16482

(25) Failure to comply with the terms and conditions of	16483
participation in the chemical dependency monitoring program	16484
established under section 4723.35 of the Revised Code;	16485

(26) Failure to comply with the terms and conditions required	16486
under the practice intervention and improvement program	16487
established under section 4723.282 of the Revised Code;	16488

(27) In the case of a certified registered nurse anesthetist,	16489
clinical nurse specialist, certified nurse-midwife, or certified	16490
nurse practitioner:	16491

(a) Engaging in activities that exceed those permitted for	16492
the nurse's nursing specialty under section 4723.43 of the Revised	16493
Code;	16494

(b) Failure to meet the quality assurance standards	16495
established under section 4723.07 of the Revised Code.	16496

(28) In the case of a clinical nurse specialist, certified	16497
nurse-midwife, or certified nurse practitioner, failure to	16498
maintain a standard care arrangement in accordance with section	16499
4723.431 of the Revised Code or to practice in accordance with the	16500
standard care arrangement;	16501

(29) In the case of a clinical nurse specialist, certified	16502
nurse-midwife, or certified nurse practitioner who holds a	16503
certificate to prescribe issued under section 4723.48 of the	16504
Revised Code, failure to prescribe drugs and therapeutic devices	16505
in accordance with section 4723.481 of the Revised Code;	16506

(30) Prescribing any drug or device to perform or induce an	16507
abortion, or otherwise performing or inducing an abortion;	16508

(31) Failure to establish and maintain professional	16509
boundaries with a patient, as specified in rules adopted under	16510
section 4723.07 of the Revised Code;	16511

(32) Regardless of whether the contact or verbal behavior is	16512
consensual, engaging with a patient other than the spouse of the	16513
registered nurse, licensed practical nurse, or dialysis technician	16514
in any of the following:	16515

(a) Sexual contact, as defined in section 2907.01 of the	16516
Revised Code;	16517

(b) Verbal behavior that is sexually demeaning to the patient	16518
or may be reasonably interpreted by the patient as sexually	16519
demeaning.	16520

(33) Assisting suicide as defined in section 3795.01 of the	16521
Revised Code;	16522

(34) Failure to comply with section 4723.487 of the Revised	16523
Code, unless the state board of pharmacy no longer maintains a	16524
drug database pursuant to section 4729.75 of the Revised Code.	16525

(C) Disciplinary actions taken by the board under divisions	16526
(A) and (B) of this section shall be taken pursuant to an	16527
adjudication conducted under Chapter 119. of the Revised Code,	16528
except that in lieu of a hearing, the board may enter into a	16529
consent agreement with an individual to resolve an allegation of a	16530
violation of this chapter or any rule adopted under it. A consent	16531
agreement, when ratified by a vote of a quorum, shall constitute	16532
the findings and order of the board with respect to the matter	16533
addressed in the agreement. If the board refuses to ratify a	16534
consent agreement, the admissions and findings contained in the	16535
agreement shall be of no effect.	16536

(D) The hearings of the board shall be conducted in	16537
accordance with Chapter 119. of the Revised Code, the board may	16538
appoint a hearing examiner, as provided in section 119.09 of the	16539
Revised Code, to conduct any hearing the board is authorized to	16540
hold under Chapter 119. of the Revised Code.	16541

In any instance in which the board is required under Chapter	16542
119. of the Revised Code to give notice of an opportunity for a	16543
hearing and the applicant, licensee, or certificate holder does	16544
not make a timely request for a hearing in accordance with section	16545
119.07 of the Revised Code, the board is not required to hold a	16546
hearing, but may adopt, by a vote of a quorum, a final order that	16547
contains the board's findings. In the final order, the board may	16548
order any of the sanctions listed in division (A) or (B) of this	16549
section.	16550

(E) If a criminal action is brought against a registered	16551
nurse, licensed practical nurse, or dialysis technician for an act	16552
or crime described in divisions (B)(3) to (7) of this section and	16553
the action is dismissed by the trial court other than on the	16554
merits, the board shall conduct an adjudication to determine	16555
whether the registered nurse, licensed practical nurse, or	16556
dialysis technician committed the act on which the action was	16557
based. If the board determines on the basis of the adjudication	16558
that the registered nurse, licensed practical nurse, or dialysis	16559
technician committed the act, or if the registered nurse, licensed	16560
practical nurse, or dialysis technician fails to participate in	16561
the adjudication, the board may take action as though the	16562
registered nurse, licensed practical nurse, or dialysis technician	16563
had been convicted of the act.	16564

If the board takes action on the basis of a conviction, plea,	16565
or a judicial finding as described in divisions (B)(3) to (7) of	16566
this section that is overturned on appeal, the registered nurse,	16567
licensed practical nurse, or dialysis technician may, on	16568
exhaustion of the appeal process, petition the board for	16569
reconsideration of its action. On receipt of the petition and	16570
supporting court documents, the board shall temporarily rescind	16571
its action. If the board determines that the decision on appeal	16572
was a decision on the merits, it shall permanently rescind its	16573
action. If the board determines that the decision on appeal was	16574
not a decision on the merits, it shall conduct an adjudication to	16575
determine whether the registered nurse, licensed practical nurse,	16576
or dialysis technician committed the act on which the original	16577
conviction, plea, or judicial finding was based. If the board	16578
determines on the basis of the adjudication that the registered	16579
nurse, licensed practical nurse, or dialysis technician committed	16580
such act, or if the registered nurse, licensed practical nurse, or	16581
dialysis technician does not request an adjudication, the board	16582
shall reinstate its action; otherwise, the board shall permanently	16583
rescind its action.	16584

Notwithstanding the provision of division (C)(2) of section	16585
2953.32 of the Revised Code specifying that if records pertaining	16586
to a criminal case are sealed under that section the proceedings	16587
in the case shall be deemed not to have occurred, sealing of the	16588
following records on which the board has based an action under	16589
this section shall have no effect on the board's action or any	16590
sanction imposed by the board under this section: records of any	16591
conviction, guilty plea, judicial finding of guilt resulting from	16592
a plea of no contest, or a judicial finding of eligibility for a	16593
pretrial diversion program or intervention in lieu of conviction.	16594

The board shall not be required to seal, destroy, redact, or	16595
otherwise modify its records to reflect the court's sealing of	16596
conviction records.	16597

(F) The board may investigate an individual's criminal	16598
background in performing its duties under this section. As part of	16599
such investigation, the board may order the individual to submit,	16600
at the individual's expense, a request to the bureau of criminal	16601
identification and investigation for a criminal records check and	16602
check of federal bureau of investigation records in accordance	16603
with the procedure described in section 4723.091 of the Revised	16604
Code.	16605

(G) During the course of an investigation conducted under	16606
this section, the board may compel any registered nurse, licensed	16607
practical nurse, or dialysis technician or applicant under this	16608
chapter to submit to a mental or physical examination, or both, as	16609
required by the board and at the expense of the individual, if the	16610
board finds reason to believe that the individual under	16611
investigation may have a physical or mental impairment that may	16612
affect the individual's ability to provide safe nursing care.	16613
Failure of any individual to submit to a mental or physical	16614
examination when directed constitutes an admission of the	16615
allegations, unless the failure is due to circumstances beyond the	16616
individual's control, and a default and final order may be entered	16617
without the taking of testimony or presentation of evidence.	16618

If the board finds that an individual is impaired, the board	16619
shall require the individual to submit to care, counseling, or	16620
treatment approved or designated by the board, as a condition for	16621
initial, continued, reinstated, or renewed authority to practice.	16622
The individual shall be afforded an opportunity to demonstrate to	16623
the board that the individual can begin or resume the individual's	16624
occupation in compliance with acceptable and prevailing standards	16625
of care under the provisions of the individual's authority to	16626
practice.	16627

For purposes of this division, any registered nurse, licensed	16628
practical nurse, or dialysis technician or applicant under this	16629
chapter shall be deemed to have given consent to submit to a	16630
mental or physical examination when directed to do so in writing	16631
by the board, and to have waived all objections to the	16632
admissibility of testimony or examination reports that constitute	16633
a privileged communication.	16634

(H) The board shall investigate evidence that appears to show	16635
that any person has violated any provision of this chapter or any	16636
rule of the board. Any person may report to the board any	16637
information the person may have that appears to show a violation	16638
of any provision of this chapter or rule of the board. In the	16639
absence of bad faith, any person who reports such information or	16640
who testifies before the board in any adjudication conducted under	16641
Chapter 119. of the Revised Code shall not be liable for civil	16642
damages as a result of the report or testimony.	16643

(I) All of the following apply under this chapter with	16644
respect to the confidentiality of information:	16645

(1) Information received by the board pursuant to a complaint	16646
or an investigation is confidential and not subject to discovery	16647
in any civil action, except that the board may disclose	16648
information to law enforcement officers and government entities	16649
for purposes of an investigation of either a licensed health care	16650
professional, including a registered nurse, licensed practical	16651
nurse, or dialysis technician, or a person who may have engaged in	16652
the unauthorized practice of nursing or dialysis care. No law	16653
enforcement officer or government entity with knowledge of any	16654
information disclosed by the board pursuant to this division shall	16655
divulge the information to any other person or government entity	16656
except for the purpose of a government investigation, a	16657
prosecution, or an adjudication by a court or government entity.	16658

(2) If an investigation requires a review of patient records,	16659
the investigation and proceeding shall be conducted in such a	16660
manner as to protect patient confidentiality.	16661

(3) All adjudications and investigations of the board shall	16662
be considered civil actions for the purposes of section 2305.252	16663
of the Revised Code.	16664

(4) Any board activity that involves continued monitoring of	16665
an individual as part of or following any disciplinary action	16666
taken under this section shall be conducted in a manner that	16667
maintains the individual's confidentiality. Information received	16668
or maintained by the board with respect to the board's monitoring	16669
activities is not subject to discovery in any civil action and is	16670
confidential, except that the board may disclose information to	16671
law enforcement officers and government entities for purposes of	16672
an investigation of a licensee or certificate holder.	16673

(J) Any action taken by the board under this section	16674
resulting in a suspension from practice shall be accompanied by a	16675
written statement of the conditions under which the person may be	16676
reinstated to practice.	16677

(K) When the board refuses to grant a license or certificate	16678
to an applicant, revokes a license or certificate, or refuses to	16679
reinstate a license or certificate, the board may specify that its	16680
action is permanent. An individual subject to permanent action	16681
taken by the board is forever ineligible to hold a license or	16682
certificate of the type that was refused or revoked and the board	16683
shall not accept from the individual an application for	16684
reinstatement of the license or certificate or for a new license	16685
or certificate.	16686

(L) No unilateral surrender of a nursing license, certificate	16687
of authority, or dialysis technician certificate issued under this	16688
chapter shall be effective unless accepted by majority vote of the	16689
board. No application for a nursing license, certificate of	16690
authority, or dialysis technician certificate issued under this	16691
chapter may be withdrawn without a majority vote of the board. The	16692
board's jurisdiction to take disciplinary action under this	16693
section is not removed or limited when an individual has a license	16694
or certificate classified as inactive or fails to renew a license	16695
or certificate.	16696

(M) Sanctions shall not be imposed under division (B)(24) of	16697
this section against any licensee who waives deductibles and	16698
copayments as follows:	16699

(1) In compliance with the health benefit plan that expressly	16700
allows such a practice. Waiver of the deductibles or copayments	16701
shall be made only with the full knowledge and consent of the plan	16702
purchaser, payer, and third-party administrator. Documentation of	16703
the consent shall be made available to the board upon request.	16704

(2) For professional services rendered to any other person	16705
licensed pursuant to this chapter to the extent allowed by this	16706
chapter and the rules of the board.	16707

Sec. 4723.433. When an advanced practice registered nurse	16708
orders a test for the presence of Lyme disease in a patient, the	16709
nurse or nurse's delegate shall provide to the patient or	16710
patient's representative a written notice with the following	16711
information:	16712

"Your health care provider has ordered a test for the	16713
presence of Lyme disease. Current testing for Lyme disease can be	16714
problematic and may lead to false results. If you are tested for	16715
Lyme disease and the results are positive, this does not	16716
necessarily mean that you have contracted Lyme disease. In the	16717
alternative, if the results are negative, this does not	16718
necessarily mean that you have not contracted Lyme disease. If you	16719
continue to experience symptoms or have other health concerns, you	16720
should contact your health care provider and inquire about the	16721
appropriateness of additional testing or treatment."	16722

The nurse or nurse's delegate shall obtain a signature from	16723
the patient or patient's representative indicating receipt of the	16724
notice. The document containing the signature shall be kept in the	16725
patient's record.	16726

Sec. 4723.486. (A) A certificate to prescribe issued under	16727
section 4723.48 of the Revised Code that is not issued as an	16728
externship certificate is valid for two years, unless otherwise	16729
provided in rules adopted under section 4723.50 of the Revised	16730
Code or earlier suspended or revoked by the board. The board of	16731
nursing shall renew certificates to prescribe according to	16732
procedures and a renewal schedule established in rules adopted	16733
under section 4723.50 of the Revised Code.	16734

(B) ~~The~~Except as provided in division (C) of this section,	16735
the board may renew a certificate to prescribe if the holder	16736
submits to the board all of the following:	16737

(1) Evidence of having completed during the previous two	16738
years at least twelve hours of continuing education in advanced	16739
pharmacology, or, if the certificate has been held for less than a	16740
full renewal period, the number of hours required by the board in	16741
rules adopted under section 4723.50 of the Revised Code;	16742

(2) The fee required under section 4723.08 of the Revised	16743
Code for renewal of a certificate to prescribe;	16744

(3) Any additional information the board requires pursuant to	16745
rules adopted under section 4723.50 of the Revised Code.	16746

(C)(1) Except as provided in division (C)(2) of this section,	16747
in the case of a certificate holder seeking renewal who prescribes	16748
opioid analgesics or benzodiazepines, the holder shall certify to	16749
the board whether the holder has been granted access to the drug	16750
database established and maintained by the state board of pharmacy	16751
pursuant to section 4729.75 of the Revised Code.	16752

(2) The requirement in division (C)(1) of this section does	16753
not apply if either of the following is the case:	16754

(a) The state board of pharmacy notifies the board of nursing	16755
pursuant to section 4729.861 of the Revised Code that the	16756
certificate holder has been restricted from obtaining further	16757
information from the drug database.	16758

(b) The state board of pharmacy no longer maintains the drug	16759
database.	16760

(3) If a certificate holder certifies to the board of nursing	16761
that the holder has been granted access to the drug database and	16762
the board finds through an audit or other means that the holder	16763
has not been granted access, the board may take action under	16764
section 4723.28 of the Revised Code.	16765

(D) The continuing education in pharmacology required under	16766
division (B)(1) of this section must be received from an	16767
accredited institution recognized by the board. The hours of	16768
continuing education required are in addition to any other	16769
continuing education requirement that must be completed pursuant	16770
to this chapter.	16771

Sec. 4723.487. (A) As used in this section, "drug database"	16772
means the database established and maintained by the state board	16773
of pharmacy pursuant to section 4729.75 of the Revised Code.	16774

(B) ~~The~~Except as provided in divisions (C) and (E) of this	16775
section, an advanced practice registered nurse holding a	16776
certificate to prescribe issued under this chapter shall comply	16777
with all of the following as conditions of prescribing a drug that	16778
is either an opioid analgesic or a benzodiazepine as part of a	16779
patient's course of treatment for a particular condition:	16780

(1) Before initially prescribing the drug, the nurse or the	16781
nurse's delegate shall request from the drug database a report of	16782
information related to the patient that covers at least the twelve	16783
months immediately preceding the date of the request. If the nurse	16784
practices primarily in a county of this state that adjoins another	16785
state, the nurse or delegate also shall request a report of any	16786
information available in the drug database that pertains to	16787
prescriptions issued or drugs furnished to the patient in the	16788
state adjoining that county.	16789

(2) If the patient's course of treatment for the condition	16790
continues for more than ninety days after the initial report is	16791
requested, the nurse or delegate shall make periodic requests for	16792
reports of information from the drug database until the course of	16793
treatment has ended. The requests shall be made at intervals not	16794
exceeding ninety days, determined according to the date the	16795
initial request was made. The request shall be made in the same	16796
manner provided in division (B)(1) of this section for requesting	16797
the initial report of information from the drug database.	16798

(3) On receipt of a report under division (B)(1) or (2) of	16799
this section, the nurse shall assess the information in the	16800
report. The nurse shall document in the patient's record that the	16801
report was received and the information was assessed.	16802

(C) Division (B) of this section does not apply if in any of	16803
the following circumstances:	16804

(1) A drug database report regarding the patient is not	16805
available, in which case the nurse shall document in the patient's	16806
record the reason that the report is not available.	16807

(2) The drug is prescribed in an amount indicated for a	16808
period not to exceed seven days.	16809

(3) The drug is prescribed for the treatment of cancer or	16810
another condition associated with cancer.	16811

(4) The drug is prescribed to a hospice patient in a hospice	16812
care program, as those terms are defined in section 3712.01 of the	16813
Revised Code, or any other patient diagnosed as terminally ill.	16814

(5) The drug is prescribed for administration in a hospital,	16815
nursing home, or residential care facility.	16816

(D) With respect to prescribing any drug that is not an	16817
opioid analgesic or a benzodiazepine but is included in the drug	16818
database pursuant to rules adopted under section 4729.84 of the	16819
Revised Code, the board of nursing shall adopt rules ~~in accordance~~	16820
~~with Chapter 119. of the Revised Code~~ that establish standards and	16821
procedures to be followed by an advanced practice registered nurse	16822
with a certificate to prescribe issued under section 4723.48 of	16823
the Revised Code regarding the review of patient information	16824
available through the drug database under division (A)(5) of	16825
section 4729.80 of the Revised Code. The rules shall be adopted in	16826
accordance with Chapter 119. of the Revised Code.	16827

~~(C)~~(E) This section and the rules adopted under it do not	16828
apply if the state board of pharmacy no longer maintains the drug	16829
database.	16830

Sec. 4725.01. As used in this chapter:

16831

(A)(1) The "practice of optometry" means the application of	16832
optical principles, through technical methods and devices, in the	16833
examination of human eyes for the purpose of ascertaining	16834
departures from the normal, measuring their functional powers,	16835
adapting optical accessories for the aid thereof, and detecting	16836
ocular abnormalities that may be evidence of disease, pathology,	16837
or injury.	16838

(2) In the case of a licensed optometrist who holds a topical	16839
ocular pharmaceutical agents certificate, the "practice of	16840
optometry" has the same meaning as in division (A)(1) of this	16841
section, except that it also includes administering topical ocular	16842
pharmaceutical agents.	16843

(3) In the case of a licensed optometrist who holds a	16844
therapeutic pharmaceutical agents certificate, the "practice of	16845
optometry" has the same meaning as in division (A)(1) of this	16846
section, except that it also includes all of the following:	16847

(a) Employing, applying, administering, and prescribing	16848
instruments, devices, and procedures, other than invasive	16849
procedures, for purpose of examination, investigation, diagnosis,	16850
treatment, or prevention of any disease, injury, or other abnormal	16851
condition of the visual system;	16852

(b) Employing, applying, administering, and prescribing	16853
topical ocular pharmaceutical agents;	16854

(c) Employing, applying, administering, and prescribing	16855
therapeutic pharmaceutical agents;	16856

(d) Assisting an individual in determining the individual's	16857
blood glucose level by using a commercially available	16858
glucose-monitoring device. Nothing in this section precludes a	16859
licensed optometrist who holds a therapeutic pharmaceutical agents	16860
certificate from using any particular type of commercially	16861
available glucose-monitoring device.	16862

(B) "Topical ocular pharmaceutical agent" means a drug or	16863
dangerous drug that is a topical drug and used in the practice of	16864
optometry as follows:	16865

(1) In the case of a licensed optometrist who holds a topical	16866
ocular pharmaceutical agents certificate, for evaluative purposes	16867
in the practice of optometry as set forth in division (A)(1) of	16868
this section;	16869

(2) In the case of a licensed optometrist who holds a	16870
therapeutic pharmaceutical agents certificate, for purposes of	16871
examination, investigation, diagnosis, treatment, or prevention of	16872
any disease, injury, or other abnormal condition of the visual	16873
system.	16874

(C) "Therapeutic pharmaceutical agent" means a drug or	16875
dangerous drug that is used for examination, investigation,	16876
diagnosis, treatment, or prevention of any disease, injury, or	16877
other abnormal condition of the visual system in the practice of	16878
optometry by a licensed optometrist who holds a therapeutic	16879
pharmaceutical agents certificate, and is any of the following:	16880

(1) An oral drug or dangerous drug in one of the following	16881
classifications:	16882

(a) Anti-infectives, including antibiotics, antivirals,	16883
antimicrobials, and antifungals;	16884

(b) Anti-allergy agents;

16885

16886

(d) Analgesics, including only analgesic drugs that are	16887
available without a prescription, analgesic drugs or dangerous	16888
drugs that require a prescription but are not controlled	16889
substances, and ~~schedule III~~analgesic drugs that are controlled	16890
substances and authorized by the state board of optometry in rules	16891
adopted under section 4725.091 of the Revised Code;	16892

(e) Anti-inflammatories, excluding all drugs or dangerous	16893
drugs classified as oral steroids other than methylpredisolone, ,	16894
except that methylpredisolone may be used under a therapeutic	16895
pharmaceutical agents certificate only if it is prescribed under	16896
all of the following conditions:	16897

(i) For use in allergy cases;

16898

(ii) For use by an individual who is eighteen years of age or	16899
older;	16900

(iii) On the basis of an individual's particular episode of	16901
illness;	16902

(iv) In an amount that does not exceed the amount packaged	16903
for a single course of therapy.	16904

(2) Epinephrine administered by injection to individuals in	16905
emergency situations to counteract anaphylaxis or anaphylactic	16906
shock. Notwithstanding any provision of this section to the	16907
contrary, administration of epinephrine in this manner does not	16908
constitute performance of an invasive procedure.	16909

(3) An oral drug or dangerous drug that is not included under	16910
division (C)(1) of this section, if the drug or dangerous drug is	16911
approved, exempt from approval, certified, or exempt from	16912
certification by the federal food and drug administration for	16913
ophthalmic purposes and the drug or dangerous drug is specified in	16914
rules adopted by the state board of optometry under section	16915
4725.09 of the Revised Code.	16916

(D) "Controlled substance" has the same meaning as in section	16917
3719.01 of the Revised Code.	16918

(E) "Drug" and "dangerous drug" have the same meanings as in	16919
section 4729.01 of the Revised Code.	16920

(F) "Invasive procedure" means any procedure that involves	16921
cutting or otherwise infiltrating human tissue by mechanical means	16922
including surgery, laser surgery, ionizing radiation, therapeutic	16923
ultrasound, administering medication by injection, or the removal	16924
of intraocular foreign bodies.	16925

(G) "Visual system" means the human eye and its accessory or	16926
subordinate anatomical parts.	16927

(H) "Certificate of licensure" means a certificate issued by	16928
the state board of optometry under section 4725.13 of the Revised	16929
Code authorizing the holder to practice optometry as provided in	16930
division (A)(1) of this section.	16931

(I) "Topical ocular pharmaceutical agents certificate" means	16932
a certificate issued by the state board of optometry under section	16933
4725.13 of the Revised Code authorizing the holder to practice	16934
optometry as provided in division (A)(2) of this section.	16935

(J) "Therapeutic pharmaceutical agents certificate" means a	16936
certificate issued by the state board of optometry under division	16937
(A)(3) or (4) of section 4725.13 of the Revised Code authorizing	16938
the holder to practice optometry as provided in division (A)(3) of	16939
this section.	16940

Sec. 4725.091. (A) The state board of optometry shall adopt	16941
rules governing the authority of licensed optometrists practicing	16942
under therapeutic pharmaceutical agents certificates to employ,	16943
apply, administer, and prescribe ~~schedule III~~analgesic drugs that	16944
are controlled substances ~~under a therapeutic pharmaceutical~~	16945
~~agents certificate~~. The rules shall be adopted in accordance with	16946
Chapter 119. of the Revised Code and in consultation with the	16947
state board of pharmacy.	16948

(B) All of the following apply to the state board of	16949
optometry in the adoption of rules under this section:	16950

(1) The board shall not permit an optometrist to employ,	16951
apply, administer, or prescribe ~~a schedule III~~an analgesic drug	16952
that is a controlled substance other than a drug that is either of	16953
the following:	16954

(a) A drug that is included in section 3719.41 of the Revised	16955
Code within the schedule III narcotics-narcotic preparations	16956
category;	16957

(b) A drug that immediately prior to the effective date of	16958
this amendment was included in section 3719.41 of the Revised Code	16959
within the schedule III narcotics-narcotic preparations category,	16960
even if that drug subsequently is transferred to a different	16961
schedule or category by the general assembly, the state board of	16962
pharmacy pursuant to section 3719.44 of the Revised Code, or the	16963
United States attorney general pursuant to the federal drug abuse	16964
control laws, as defined in section 3719.01 of the Revised Code.	16965

(2) The board shall limit the ~~schedule III~~analgesic drugs	16966
that are controlled substances that optometrists may employ,	16967
apply, administer, or prescribe to the drugs that the board	16968
determines are appropriate for use in the practice of optometry	16969
under a therapeutic pharmaceutical agents certificate.	16970

(3) With regard to the prescribing of ~~schedule III~~analgesic	16971
drugs that are controlled substances, the board shall establish	16972
prescribing standards to be followed by optometrists who hold	16973
therapeutic pharmaceutical agents certificates. The board shall	16974
take into account the prescribing standards that exist within the	16975
health care marketplace.	16976

(4) The board shall establish standards and procedures for	16977
employing, applying, administering, and prescribing ~~schedule III~~	16978
analgesic drugs that are controlled substances under a therapeutic	16979
pharmaceutical agents certificate by taking into consideration and	16980
examining issues that include the appropriate length of drug	16981
therapy, appropriate standards for drug treatment, necessary	16982
monitoring systems, and any other factors the board considers	16983
relevant.	16984

Sec. 4725.092. (A) As used in this section, "drug database"	16985
means the database established and maintained by the state board	16986
of pharmacy pursuant to section 4729.75 of the Revised Code.	16987

(B) ~~The~~Except as provided in divisions (C) and (E) of this	16988
section, an optometrist holding a therapeutic pharmaceutical	16989
agents certificate shall comply with all of the following as	16990
conditions of prescribing a drug that is either an opioid	16991
analgesic or a benzodiazepine, or personally furnishing a complete	16992
or partial supply of such a drug, as part of a patient's course of	16993
treatment for a particular condition:	16994

(1) Before initially prescribing or furnishing the drug, the	16995
optometrist or the optometrist's delegate shall request from the	16996
drug database a report of information related to the patient that	16997
covers at least the twelve months immediately preceding the date	16998
of the request. If the optometrist practices primarily in a county	16999
of this state that adjoins another state, the optometrist or	17000
delegate also shall request a report of any information available	17001
in the drug database that pertains to prescriptions issued or	17002
drugs furnished to the patient in the state adjoining that county.	17003

(2) If the patient's course of treatment for the condition	17004
continues for more than ninety days after the initial report is	17005
requested, the optometrist or delegate shall make periodic	17006
requests for reports of information from the drug database until	17007
the course of treatment has ended. The requests shall be made at	17008
intervals not exceeding ninety days, determined according to the	17009
date the initial request was made. The request shall be made in	17010
the same manner provided in division (B)(1) of this section for	17011
requesting the initial report of information from the drug	17012
database.	17013

(3) On receipt of a report under division (B)(1) or (2) of	17014
this section, the optometrist shall assess the information in the	17015
report. The optometrist shall document in the patient's record	17016
that the report was received and the information was assessed.	17017

(C)(1) Division (B) of this section does not apply if a drug	17018
database report regarding the patient is not available. In this	17019
event, the optometrist shall document in the patient's record the	17020
reason that the report is not available.	17021

(2) Division (B) of this section does not apply if the drug	17022
is prescribed or personally furnished in an amount indicated for a	17023
period not to exceed seven days.	17024

(D) With respect to prescribing or personally furnishing any	17025
drug that is not an opioid analgesic or a benzodiazepine but is	17026
included in the drug database pursuant to rules adopted under	17027
section 4729.84 of the Revised Code, the state board of optometry	17028
shall adopt rules ~~in accordance with Chapter 119. of the Revised~~	17029
~~Code~~ that establish standards and procedures to be followed by an	17030
optometrist who holds a therapeutic pharmaceutical agents	17031
certificate regarding the review of patient information available	17032
through the drug database under division (A)(5) of section 4729.80	17033
of the Revised Code. The rules shall be adopted in accordance with	17034
Chapter 119. of the Revised Code.	17035

~~(C)~~(E) This section and the rules adopted under it do not	17036
apply if the state board of pharmacy no longer maintains the drug	17037
database.	17038

Sec. 4725.16. (A)(1) Each certificate of licensure, topical	17039
ocular pharmaceutical agents certificate, and therapeutic	17040
pharmaceutical agents certificate issued by the state board of	17041
optometry shall expire annually on the last day of December, and	17042
may be renewed in accordance with this section and the standard	17043
renewal procedure established under Chapter 4745. of the Revised	17044
Code.	17045

(2) An optometrist seeking to continue to practice optometry	17046
shall file with the board an application for license renewal. The	17047
application shall be in such form and require such pertinent	17048
professional biographical data as the board may require.	17049

(3)(a) Except as provided in division (A)(3)(b) of this	17050
section, in the case of an optometrist seeking renewal who holds a	17051
topical ocular pharmaceutical agents certificate and who	17052
prescribes or personally furnishes opioid analgesics or	17053
benzodiazepines, the optometrist shall certify to the board	17054
whether the optometrist has been granted access to the drug	17055
database established and maintained by the state board of pharmacy	17056
pursuant to section 4729.75 of the Revised Code.	17057

(b) The requirement in division (A)(3)(a) of this section	17058
does not apply if either of the following is the case:	17059

(i) The state board of pharmacy notifies the state board of	17060
optometry pursuant to section 4729.861 of the Revised Code that	17061
the certificate holder has been restricted from obtaining further	17062
information from the drug database.	17063

(ii) The state board of pharmacy no longer maintains the drug	17064
database.	17065

(c) If an optometrist certifies to the state board of	17066
optometry that the optometrist has been granted access to the drug	17067
database and the board finds through an audit or other means that	17068
the optometrist has not been granted access, the board may take	17069
action under section 4725.19 of the Revised Code.	17070

(B) All licensed optometrists shall annually complete	17071
continuing education in subjects relating to the practice of	17072
optometry, to the end that the utilization and application of new	17073
techniques, scientific and clinical advances, and the achievements	17074
of research will assure comprehensive care to the public. The	17075
board shall prescribe by rule the continuing optometric education	17076
that licensed optometrists must complete. The length of study	17077
shall be twenty-five clock hours each year, including ten clock	17078
hours of instruction in pharmacology to be completed by all	17079
licensed optometrists.	17080

Unless the continuing education required under this division	17081
is waived or deferred under division (D) of this section, the	17082
continuing education must be completed during the twelve-month	17083
period beginning on the first day of October and ending on the	17084
last day of September. If the board receives notice from a	17085
continuing education program indicating that an optometrist	17086
completed the program after the last day of September, and the	17087
optometrist wants to use the continuing education completed after	17088
that day to renew the license that expires on the last day of	17089
December of that year, the optometrist shall pay the penalty	17090
specified under section 4725.34 of the Revised Code for late	17091
completion of continuing education.	17092

At least once annually, the board shall post on its web site	17093
and shall mail, or send by electronic mail, to each licensed	17094
optometrist a list of courses approved in accordance with	17095
standards prescribed by board rule. Upon the request of a licensed	17096
optometrist, the executive director of the board shall supply a	17097
list of additional courses that the board has approved subsequent	17098
to the most recent web site posting, electronic mail transmission,	17099
or mailing of the list of approved courses.	17100

(C)(1) Annually, not later than the first day of November,	17101
the board shall mail or send by electronic mail a notice regarding	17102
license renewal to each licensed optometrist who may be eligible	17103
for renewal. The notice shall be sent to the optometrist's most	17104
recent electronic mail or mailing address shown in the board's	17105
records. If the board knows that the optometrist has completed the	17106
required continuing optometric education for the year, the board	17107
may include with the notice an application for license renewal.	17108

(2) Filing a license renewal application with the board shall	17109
serve as notice by the optometrist that the continuing optometric	17110
education requirement has been successfully completed. If the	17111
board finds that an optometrist has not completed the required	17112
continuing optometric education, the board shall disapprove the	17113
optometrist's application. The board's disapproval of renewal is	17114
effective without a hearing, unless a hearing is requested	17115
pursuant to Chapter 119. of the Revised Code.	17116

(3) The board shall refuse to accept an application for	17117
renewal from any applicant whose license is not in good standing	17118
or who is under disciplinary review pursuant to section 4725.19 of	17119
the Revised Code.	17120

(4) Notice of an applicant's failure to qualify for renewal	17121
shall be served upon the applicant by mail. The notice shall be	17122
sent not later than the fifteenth day of November to the	17123
applicant's last address shown in the board's records.	17124

(D) In cases of certified illness or undue hardship, the	17125
board may waive or defer for up to twelve months the requirement	17126
of continuing optometric education, except that in such cases the	17127
board may not waive or defer the continuing education in	17128
pharmacology required to be completed by optometrists who hold	17129
topical ocular pharmaceutical agents certificates or therapeutic	17130
pharmaceutical agents certificates. The board shall waive the	17131
requirement of continuing optometric education for any optometrist	17132
who is serving on active duty in the armed forces of the United	17133
States or a reserve component of the armed forces of the United	17134
States, including the Ohio national guard or the national guard of	17135
any other state or who has received an initial certificate of	17136
licensure during the nine-month period which ended on the last day	17137
of September.	17138

(E) An optometrist whose renewal application has been	17139
approved may renew each certificate held by paying to the	17140
treasurer of state the fees for renewal specified under section	17141
4725.34 of the Revised Code. On payment of all applicable fees,	17142
the board shall issue a renewal of the optometrist's certificate	17143
of licensure, topical ocular pharmaceutical agents certificate,	17144
and therapeutic pharmaceutical agents certificate, as appropriate.	17145

(F) Not later than the fifteenth day of December, the board	17146
shall mail or send by electronic mail a second notice regarding	17147
license renewal to each licensed optometrist who may be eligible	17148
for renewal but did not respond to the notice sent under division	17149
(C)(1) of this section. The notice shall be sent to the	17150
optometrist's most recent electronic mail or mailing address shown	17151
in the board's records. If an optometrist fails to file a renewal	17152
application after the second notice is sent, the board shall send	17153
a third notice regarding license renewal prior to any action under	17154
division (I) of this section to classify the optometrist's	17155
certificates as delinquent.	17156

(G) The failure of an optometrist to apply for license	17157
renewal or the failure to pay the applicable annual renewal fees	17158
on or before the date of expiration, shall automatically work a	17159
forfeiture of the optometrist's authority to practice optometry in	17160
this state.	17161

(H) The board shall accept renewal applications and renewal	17162
fees that are submitted from the first day of January to the last	17163
day of April of the year next succeeding the date of expiration.	17164
An individual who submits such a late renewal application or fee	17165
shall pay the late renewal fee specified in section 4725.34 of the	17166
Revised Code.	17167

(I)(1) If the certificates issued by the board to an	17168
individual have expired and the individual has not filed a	17169
complete application during the late renewal period, the	17170
individual's certificates shall be classified in the board's	17171
records as delinquent.	17172

(2) Any optometrist subject to delinquent classification may	17173
submit a written application to the board for reinstatement. For	17174
reinstatement to occur, the applicant must meet all of the	17175
following conditions:	17176

(a) Submit to the board evidence of compliance with board	17177
rules requiring continuing optometric education in a sufficient	17178
number of hours to make up for any delinquent compliance;	17179

(b) Pay the renewal fees for the year in which application	17180
for reinstatement is made and the reinstatement fee specified	17181
under division (A)(8) of section 4725.34 of the Revised Code;	17182

(c) Pass all or part of the licensing examination accepted by	17183
the board under section 4725.11 of the Revised Code as the board	17184
considers appropriate to determine whether the application for	17185
reinstatement should be approved;	17186

(d) If the applicant has been practicing optometry in another	17187
state or country, submit evidence that the applicant's license to	17188
practice optometry in the other state or country is in good	17189
standing.	17190

(3) The board shall approve an application for reinstatement	17191
if the conditions specified in division (I)(2) of this section are	17192
met. An optometrist who receives reinstatement is subject to the	17193
continuing education requirements specified under division (B) of	17194
this section for the year in which reinstatement occurs.	17195

Sec. 4725.19. (A) In accordance with Chapter 119. of the	17196
Revised Code and by an affirmative vote of a majority of its	17197
members, the state board of optometry, for any of the reasons	17198
specified in division (B) of this section, shall refuse to grant a	17199
certificate of licensure to an applicant and may, with respect to	17200
a licensed optometrist, do one or more of the following:	17201

(1) Suspend the operation of any certificate of licensure,	17202
topical ocular pharmaceutical agents certificate, or therapeutic	17203
pharmaceutical agents certificate, or all certificates granted by	17204
it to the optometrist;	17205

(2) Permanently revoke any or all of the certificates;

17206

(3) Limit or otherwise place restrictions on any or all of	17207
the certificates;	17208

(4) Reprimand the optometrist;

17209

(5) Impose a monetary penalty. If the reason for which the	17210
board is imposing the penalty involves a criminal offense that	17211
carries a fine under the Revised Code, the penalty shall not	17212
exceed the maximum fine that may be imposed for the criminal	17213
offense. In any other case, the penalty imposed by the board shall	17214
not exceed five hundred dollars.	17215

(6) Require the optometrist to take corrective action	17216
courses.	17217

The amount and content of corrective action courses shall be	17218
established by the board in rules adopted under section 4725.09 of	17219
the Revised Code.	17220

(B) The sanctions specified in division (A) of this section	17221
may be taken by the board for any of the following reasons:	17222

(1) Committing fraud in passing the licensing examination or	17223
making false or purposely misleading statements in an application	17224
for a certificate of licensure;	17225

(2) Being at any time guilty of immorality, regardless of the	17226
jurisdiction in which the act was committed;	17227

(3) Being guilty of dishonesty or unprofessional conduct in	17228
the practice of optometry;	17229

(4) Being at any time guilty of a felony, regardless of the	17230
jurisdiction in which the act was committed;	17231

(5) Being at any time guilty of a misdemeanor committed in	17232
the course of practice, regardless of the jurisdiction in which	17233
the act was committed;	17234

(6) Violating the conditions of any limitation or other	17235
restriction placed by the board on any certificate issued by the	17236
board;	17237

(7) Engaging in the practice of optometry as provided in	17238
division (A)(1), (2), or (3) of section 4725.01 of the Revised	17239
Code when the certificate authorizing that practice is under	17240
suspension, in which case the board shall permanently revoke the	17241
certificate;	17242

(8) Being denied a license to practice optometry in another	17243
state or country or being subject to any other sanction by the	17244
optometric licensing authority of another state or country, other	17245
than sanctions imposed for the nonpayment of fees;	17246

(9) Departing from or failing to conform to acceptable and	17247
prevailing standards of care in the practice of optometry as	17248
followed by similar practitioners under the same or similar	17249
circumstances, regardless of whether actual injury to a patient is	17250
established;	17251

(10) Failing to maintain comprehensive patient records;

17252

(11) Advertising a price of optical accessories, eye	17253
examinations, or other products or services by any means that	17254
would deceive or mislead the public;	17255

(12) Being addicted to the use of alcohol, stimulants,	17256
narcotics, or any other substance which impairs the intellect and	17257
judgment to such an extent as to hinder or diminish the	17258
performance of the duties included in the person's practice of	17259
optometry;	17260

(13) Engaging in the practice of optometry as provided in	17261
division (A)(2) or (3) of section 4725.01 of the Revised Code	17262
without authority to do so or, if authorized, in a manner	17263
inconsistent with the authority granted;	17264

(14) Failing to make a report to the board as required by	17265
division (A) of section 4725.21 or section 4725.31 of the Revised	17266
Code;	17267

(15) Soliciting patients from door to door or establishing	17268
temporary offices, in which case the board shall suspend all	17269
certificates held by the optometrist;	17270

(16) Failing to comply with section 4725.092 of the Revised	17271
Code, unless the state board of pharmacy no longer maintains a	17272
drug database pursuant to section 4729.75 of the Revised Code;	17273

(17) Except as provided in division (D) of this section:

17274

(a) Waiving the payment of all or any part of a deductible or	17275
copayment that a patient, pursuant to a health insurance or health	17276
care policy, contract, or plan that covers optometric services,	17277
would otherwise be required to pay if the waiver is used as an	17278
enticement to a patient or group of patients to receive health	17279
care services from that optometrist.	17280

(b) Advertising that the optometrist will waive the payment	17281
of all or any part of a deductible or copayment that a patient,	17282
pursuant to a health insurance or health care policy, contract, or	17283
plan that covers optometric services, would otherwise be required	17284
to pay.	17285

(C) Any person who is the holder of a certificate of	17286
licensure, or who is an applicant for a certificate of licensure	17287
against whom is preferred any charges, shall be furnished by the	17288
board with a copy of the complaint and shall have a hearing before	17289
the board in accordance with Chapter 119. of the Revised Code.	17290

(D) Sanctions shall not be imposed under division (B)~~(16)~~(17)	17291
of this section against any optometrist who waives deductibles and	17292
copayments:	17293

(1) In compliance with the health benefit plan that expressly	17294
allows such a practice. Waiver of the deductibles or copayments	17295
shall be made only with the full knowledge and consent of the plan	17296
purchaser, payer, and third-party administrator. Documentation of	17297
the consent shall be made available to the board upon request.	17298

(2) For professional services rendered to any other	17299
optometrist licensed by the board, to the extent allowed by	17300
sections 4725.01 to 4725.34 of the Revised Code and the rules of	17301
the board.	17302

Sec. 4729.12. An identification card issued by the state	17303
board of pharmacy under section 4729.08 of the Revised Code	17304
entitles the individual to whom it is issued to practice as a	17305
pharmacist or as a pharmacy intern in this state until the next	17306
annual renewal date.	17307

Identification cards shall be renewed annually on the	17308
fifteenth day of September, according to the standard renewal	17309
procedure of Chapter 4745. of the Revised Code.	17310

Each pharmacist and pharmacy intern shall carry the	17311
identification card or renewal identification card while engaged	17312
in the practice of pharmacy. The license shall be conspicuously	17313
exposed at the principal place where the pharmacist or pharmacy	17314
intern practices pharmacy.	17315

A pharmacist or pharmacy intern who desires to continue in	17316
the practice of pharmacy shall file with the board an application	17317
in such form and containing such data as the board may require for	17318
renewal of an identification card. An application filed under this	17319
section may not be withdrawn without the approval of the board. If	17320
the board finds that the applicant's card has not been revoked or	17321
placed under suspension and that the applicant has paid the	17322
renewal fee, has continued pharmacy education in accordance with	17323
the rules of the board, has been granted access to the drug	17324
database established and maintained by the board pursuant to	17325
section 4729.75 of the Revised Code (unless the board has	17326
restricted the applicant from obtaining any further information	17327
from the database or the board no longer maintains the database),	17328
and is entitled to continue in the practice of pharmacy, the board	17329
shall issue a renewal identification card to the applicant.	17330

When an identification card has lapsed for more than sixty	17331
days but application is made within three years after the	17332
expiration of the card, the applicant shall be issued a renewal	17333
identification card without further examination if the applicant	17334
meets the requirements of this section and pays the fee designated	17335
under division (E) of section 4729.15 of the Revised Code.	17336

Sec. 4729.54. (A) As used in this section ~~and section~~	17337
~~4729.541 of the Revised Code~~:	17338

(1) "Category I" means single-dose injections of intravenous	17339
fluids, including saline, Ringer's lactate, five per cent dextrose	17340
and distilled water, and other intravenous fluids or parenteral	17341
solutions included in this category by rule of the state board of	17342
pharmacy, that have a volume of one hundred milliliters or more	17343
and that contain no added substances, or single-dose injections of	17344
epinephrine to be administered pursuant to sections 4765.38 and	17345
4765.39 of the Revised Code.	17346

(2) "Category II" means any dangerous drug that is not	17347
included in category I or III.	17348

(3) "Category III" means any controlled substance that is	17349
contained in schedule I, II, III, IV, or V.	17350

(4) "Emergency medical service organization" has the same	17351
meaning as in section 4765.01 of the Revised Code.	17352

(5) "Person" includes an emergency medical service	17353
organization.	17354

(6) "Schedule I, schedule II, schedule III, schedule IV, and	17355
schedule V" mean controlled substance schedules I, II, III, IV,	17356
and V, respectively, as established pursuant to section 3719.41 of	17357
the Revised Code and as amended.	17358

(B)(1) A person who desires to be licensed as a terminal	17359
distributor of dangerous drugs shall file with the executive	17360
director of the state board of pharmacy a verified application.	17361
After it is filed, the application may not be withdrawn without	17362
approval of the board.	17363

(2) An application shall contain all the following that apply	17364
in the applicant's case:	17365

(a) Information that the board requires relative to the	17366
qualifications of a terminal distributor of dangerous drugs set	17367
forth in section 4729.55 of the Revised Code;	17368

(b) A statement that the person wishes to be licensed as a	17369
category I, category II, category III, limited category I, limited	17370
category II, or limited category III terminal distributor of	17371
dangerous drugs;	17372

(c) If the person wishes to be licensed as a limited category	17373
I, limited category II, or limited category III terminal	17374
distributor of dangerous drugs, a notarized list of the dangerous	17375
drugs that the person wishes to possess, have custody or control	17376
of, and distribute, which list shall also specify the purpose for	17377
which those drugs will be used and their source;	17378

(d) If the person is an emergency medical service	17379
organization, the information that is specified in division (C)(1)	17380
of this section;	17381

(e) Except for an emergency medical service organization, the	17382
identity of the one establishment or place at which the person	17383
intends to engage in the sale or other distribution of dangerous	17384
drugs at retail, and maintain possession, custody, or control of	17385
dangerous drugs for purposes other than the person's own use or	17386
consumption;	17387

(f) If the application pertains to a pain management clinic,	17388
information that demonstrates, to the satisfaction of the board,	17389
compliance with division (A) of section 4729.552 of the Revised	17390
Code.	17391

(C)(1) An emergency medical service organization that wishes	17392
to be licensed as a terminal distributor of dangerous drugs shall	17393
list in its application for licensure the following additional	17394
information:	17395

(a) The units under its control that the organization	17396
determines will possess dangerous drugs for the purpose of	17397
administering emergency medical services in accordance with	17398
Chapter 4765. of the Revised Code;	17399

(b) With respect to each such unit, whether the dangerous	17400
drugs that the organization determines the unit will possess are	17401
in category I, II, or III.	17402

(2) An emergency medical service organization that is	17403
licensed as a terminal distributor of dangerous drugs shall file a	17404
new application for such licensure if there is any change in the	17405
number, or location of, any of its units or any change in the	17406
category of the dangerous drugs that any unit will possess.	17407

(3) A unit listed in an application for licensure pursuant to	17408
division (C)(1) of this section may obtain the dangerous drugs it	17409
is authorized to possess from its emergency medical service	17410
organization or, on a replacement basis, from a hospital pharmacy.	17411
If units will obtain dangerous drugs from a hospital pharmacy, the	17412
organization shall file, and maintain in current form, the	17413
following items with the pharmacist who is responsible for the	17414
hospital's terminal distributor of dangerous drugs license:	17415

(a) A copy of its standing orders or protocol;

17416

(b) A list of the personnel employed or used by the	17417
organization to provide emergency medical services in accordance	17418
with Chapter 4765. of the Revised Code, who are authorized to	17419
possess the drugs, which list also shall indicate the personnel	17420
who are authorized to administer the drugs.	17421

(D) Each emergency medical service organization that applies	17422
for a terminal distributor of dangerous drugs license shall submit	17423
with its application the following:	17424

(1) A notarized copy of its standing orders or protocol,	17425
which orders or protocol shall be signed by a physician and	17426
specify the dangerous drugs that its units may carry, expressed in	17427
standard dose units;	17428

(2) A list of the personnel employed or used by the	17429
organization to provide emergency medical services in accordance	17430
with Chapter 4765. of the Revised Code.	17431

An emergency medical service organization that is licensed as	17432
a terminal distributor shall notify the board immediately of any	17433
changes in its standing orders or protocol.	17434

(E) There shall be six categories of terminal distributor of	17435
dangerous drugs licenses, which categories shall be as follows:	17436

(1) Category I license. A person who obtains this license may	17437
possess, have custody or control of, and distribute only the	17438
dangerous drugs described in category I.	17439

(2) Limited category I license. A person who obtains this	17440
license may possess, have custody or control of, and distribute	17441
only the dangerous drugs described in category I that were listed	17442
in the application for licensure.	17443

(3) Category II license. A person who obtains this license	17444
may possess, have custody or control of, and distribute only the	17445
dangerous drugs described in category I and category II.	17446

(4) Limited category II license. A person who obtains this	17447
license may possess, have custody or control of, and distribute	17448
only the dangerous drugs described in category I or category II	17449
that were listed in the application for licensure.	17450

(5) Category III license, which may include a pain management	17451
clinic classification issued under section 4729.552 of the Revised	17452
Code. A person who obtains this license may possess, have custody	17453
or control of, and distribute the dangerous drugs described in	17454
category I, category II, and category III. If the license includes	17455
a pain management clinic classification, the person may operate a	17456
pain management clinic.	17457

(6) Limited category III license. A person who obtains this	17458
license may possess, have custody or control of, and distribute	17459
only the dangerous drugs described in category I, category II, or	17460
category III that were listed in the application for licensure.	17461

(F) Except for an application made on behalf of an animal	17462
shelter, if an applicant for licensure as a limited category I,	17463
II, or III terminal distributor of dangerous drugs intends to	17464
administer dangerous drugs to a person or animal, the applicant	17465
shall submit, with the application, a notarized copy of its	17466
protocol or standing orders, which protocol or orders shall be	17467
signed by a licensed health professional authorized to prescribe	17468
drugs, specify the dangerous drugs to be administered, and list	17469
personnel who are authorized to administer the dangerous drugs in	17470
accordance with federal law or the law of this state. An	17471
application made on behalf of an animal shelter shall include a	17472
notarized list of the dangerous drugs to be administered to	17473
animals and the personnel who are authorized to administer the	17474
drugs to animals in accordance with section 4729.532 of the	17475
Revised Code. After obtaining a terminal distributor license, a	17476
licensee shall notify the board immediately of any changes in its	17477
protocol or standing orders, or in such personnel.	17478

(G)(1) Except as provided in division (G)(2) of this section,	17479
each applicant for licensure as a terminal distributor of	17480
dangerous drugs shall submit, with the application, a license fee	17481
determined as follows:	17482

(a) For a category I or limited category I license,	17483
forty-five dollars;	17484

(b) For a category II or limited category II license, one	17485
hundred twelve dollars and fifty cents;	17486

(c) For a category III license, including a license with a	17487
pain management clinic classification issued under section	17488
4729.552 of the Revised Code, or a limited category III license,	17489
one hundred fifty dollars.	17490

(2) For a professional association, corporation, partnership,	17491
or limited liability company organized for the purpose of	17492
practicing veterinary medicine, the fee shall be forty dollars.	17493

(3) Fees assessed under divisions (G)(1) and (2) of this	17494
section shall not be returned if the applicant fails to qualify	17495
for registration.	17496

(H)(1) The board shall issue a terminal distributor of	17497
dangerous drugs license to each person who submits an application	17498
for such licensure in accordance with this section, pays the	17499
required license fee, is determined by the board to meet the	17500
requirements set forth in section 4729.55 of the Revised Code, and	17501
satisfies any other applicable requirements of this section.	17502

(2) The license of a person other than an emergency medical	17503
service organization shall describe the one establishment or place	17504
at which the licensee may engage in the sale or other distribution	17505
of dangerous drugs at retail and maintain possession, custody, or	17506
control of dangerous drugs for purposes other than the licensee's	17507
own use or consumption. The one establishment or place shall be	17508
that which is described in the application for licensure.	17509

No such license shall authorize or permit the terminal	17510
distributor of dangerous drugs named in it to engage in the sale	17511
or other distribution of dangerous drugs at retail or to maintain	17512
possession, custody, or control of dangerous drugs for any purpose	17513
other than the distributor's own use or consumption, at any	17514
establishment or place other than that described in the license,	17515
except that an agent or employee of an animal shelter may possess	17516
and use dangerous drugs in the course of business as provided in	17517
division (D) of section 4729.532 of the Revised Code.	17518

(3) The license of an emergency medical service organization	17519
shall cover and describe all the units of the organization listed	17520
in its application for licensure.	17521

(4) The license of every terminal distributor of dangerous	17522
drugs shall indicate, on its face, the category of licensure. If	17523
the license is a limited category I, II, or III license, it shall	17524
specify, and shall authorize the licensee to possess, have custody	17525
or control of, and distribute only, the dangerous drugs that were	17526
listed in the application for licensure.	17527

(I) All licenses issued pursuant to this section shall be	17528
effective for a period of twelve months from the first day of	17529
~~January~~April of each year. A license shall be renewed by the	17530
board for a like period, annually, according to the provisions of	17531
this section, and the standard renewal procedure of Chapter 4745.	17532
of the Revised Code. A person who desires to renew a license shall	17533
submit an application for renewal and pay the required fee on or	17534
before the thirty-first day of ~~December~~March each year. The fee	17535
required for the renewal of a license shall be the same as the fee	17536
paid for the license being renewed, and shall accompany the	17537
application for renewal.	17538

A license that has not been renewed during ~~December~~March in	17539
any year and by the first day of ~~February~~May of the ~~following~~	17540
same year may be reinstated only upon payment of the required	17541
renewal fee and a penalty fee of fifty-five dollars.	17542

(J)(1) No emergency medical service organization that is	17543
licensed as a terminal distributor of dangerous drugs shall fail	17544
to comply with division (C)(2) or (3) of this section.	17545

(2) No emergency medical service organization that is	17546
licensed as a terminal distributor of dangerous drugs shall fail	17547
to comply with division (D) of this section.	17548

(3) No licensed terminal distributor of dangerous drugs shall	17549
possess, have custody or control of, or distribute dangerous drugs	17550
that the terminal distributor is not entitled to possess, have	17551
custody or control of, or distribute by virtue of its category of	17552
licensure.	17553

(4) No licensee that is required by division (F) of this	17554
section to notify the board of changes in its protocol or standing	17555
orders, or in personnel, shall fail to comply with that division.	17556

Sec. 4729.541. (A) Except as provided in ~~division~~divisions	17557
(B) and (C) of this section, a business entity described in	17558
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code	17559
may possess, have custody or control of, and distribute the	17560
dangerous drugs in category I, category II, and category III of,	17561
as defined in section 4729.54 of the Revised Code, without holding	17562
a terminal distributor of dangerous drugs license issued under	17563
that section.	17564

(B) If a business entity described in division (B)(1)(j) or	17565
(k) of section 4729.51 of the Revised Code is a pain management	17566
clinic or is operating a pain management clinic, the entity shall	17567
hold a license as a terminal distributor of dangerous drugs with a	17568
pain management clinic classification issued under section	17569
4729.552 of the Revised Code.	17570

(C) Beginning April 1, 2015, a business entity described in	17571
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code	17572
shall hold a license as a terminal distributor of dangerous drugs	17573
in order to possess, have custody or control of, and distribute	17574
dangerous drugs that are compounded or used for the purpose of	17575
compounding.	17576

Sec. 4729.65. (A) Except as provided in division (B) of this	17577
section, all receipts of the state board of pharmacy, from any	17578
source, shall be deposited into the state treasury to the credit	17579
of the occupational licensing and regulatory fund. All vouchers of	17580
the board shall be approved by the president or executive director	17581
of the board, or both, as authorized by the board. All initial	17582
issuance fees and renewal fees required by sections 4729.01 to	17583
4729.54 of the Revised Code shall be payable by the applicant at	17584
the time of making application.	17585

(B)(1) There is hereby created in the state treasury the	17586
board of pharmacy drug law enforcement fund. All moneys that are	17587
derived from any fines, mandatory fines, or forfeited bail to	17588
which the board may be entitled under Chapter 2925., division (C)	17589
of section 2923.42, or division (B) of section 2925.42 of the	17590
Revised Code and all moneys that are derived from forfeitures of	17591
property to which the board may be entitled pursuant to Chapter	17592
2925. or 2981. of the Revised Code, any other provision of the	17593
Revised Code, or federal law shall be deposited into the fund.	17594
Subject to division (B)(2) of this section, division (B) of	17595
section 2923.44, and divisions (B), (C), and (D) of section	17596
2981.13 of the Revised Code, the moneys in the fund shall be used	17597
solely to subsidize the drug law enforcement efforts of the board.	17598

(2) Notwithstanding any contrary provision in the Revised	17599
Code, moneys that are derived from forfeitures of property	17600
pursuant to federal law and that are deposited into the board of	17601
pharmacy drug law enforcement fund in accordance with division	17602
(B)(1) of this section shall be used and accounted for in	17603
accordance with the applicable federal law, and the board	17604
otherwise shall comply with that law in connection with the	17605
moneys.	17606

(C) All fines and forfeited bonds assessed and collected	17607
under prosecution or prosecution commenced in the enforcement of	17608
this chapter shall be paid to the executive director of the board	17609
within thirty days and by the executive director paid into the	17610
state treasury to the credit of the occupational licensing and	17611
regulatory fund. ~~The~~	17612

(D)(1) Except as provided in divisions (D)(2) and (3) of this	17613
section, the board, subject to the approval of the controlling	17614
board ~~and except for fees required to be established by the board~~	17615
~~at amounts "adequate" to cover designated expenses~~, may establish	17616
fees in excess of the amounts provided by this chapter, provided	17617
that such fees do not exceed the amounts permitted by this chapter	17618
by more than fifty per cent.	17619

(2) Division (D)(1) of this section does not apply to fees	17620
required by this chapter to be established at amounts adequate to	17621
cover designated expenses.	17622

(3) Fees established under division (D)(1) of this section or	17623
described in division (D)(2) of this section are subject to the	17624
limitation on fee increases specified in division (A) of section	17625
4729.83 of the Revised Code.	17626

Sec. 4729.80. (A) If the state board of pharmacy establishes	17627
and maintains a drug database pursuant to section 4729.75 of the	17628
Revised Code, the board is authorized or required to provide	17629
information from the database in accordance with the following:	17630

(1) On receipt of a request from a designated representative	17631
of a government entity responsible for the licensure, regulation,	17632
or discipline of health care professionals with authority to	17633
prescribe, administer, or dispense drugs, the board may provide to	17634
the representative information from the database relating to the	17635
professional who is the subject of an active investigation being	17636
conducted by the government entity.	17637

(2) On receipt of a request from a federal officer, or a	17638
state or local officer of this or any other state, whose duties	17639
include enforcing laws relating to drugs, the board shall provide	17640
to the officer information from the database relating to the	17641
person who is the subject of an active investigation of a drug	17642
abuse offense, as defined in section 2925.01 of the Revised Code,	17643
being conducted by the officer's employing government entity.	17644

(3) Pursuant to a subpoena issued by a grand jury, the board	17645
shall provide to the grand jury information from the database	17646
relating to the person who is the subject of an investigation	17647
being conducted by the grand jury.	17648

(4) Pursuant to a subpoena, search warrant, or court order in	17649
connection with the investigation or prosecution of a possible or	17650
alleged criminal offense, the board shall provide information from	17651
the database as necessary to comply with the subpoena, search	17652
warrant, or court order.	17653

(5) On receipt of a request from a prescriber or the	17654
prescriber's delegate approved by the board, the board ~~may~~shall	17655
provide to the prescriber a report of information from the	17656
database relating to a patient who is either ~~of the following~~a	17657
current patient of the prescriber or a potential patient of the	17658
prescriber based on a referral of the patient to the prescriber,	17659
if ~~the prescriber certifies in a form specified by the board that~~	17660
~~it is for the purpose of providing medical treatment to the~~	17661
~~patient who is the subject of the request~~all of the following	17662
conditions are met:	17663

(a) ~~A current patient of the prescriber~~The prescriber	17664
certifies in a form specified by the board that it is for the	17665
purpose of providing medical treatment to the patient who is the	17666
subject of the request;	17667

(b) ~~A potential patient of the prescriber based on a referral~~	17668
~~of the patient to the prescriber~~The prescriber has not been	17669
denied access to the database by the board.	17670

(6) On receipt of a request from a pharmacist or the	17671
pharmacist's delegate approved by the board, the board ~~may~~shall	17672
provide to the pharmacist information from the database relating	17673
to a current patient of the pharmacist, if the pharmacist	17674
certifies in a form specified by the board that it is for the	17675
purpose of the pharmacist's practice of pharmacy involving the	17676
patient who is the subject of the request and the pharmacist has	17677
not been denied access to the database by the board.	17678

(7) On receipt of a request from an individual seeking the	17679
individual's own database information in accordance with the	17680
procedure established in rules adopted under section 4729.84 of	17681
the Revised Code, the board may provide to the individual the	17682
individual's own database information.	17683

(8) On receipt of a request from the medical director of a	17684
managed care organization that has entered into a contract with	17685
the department of medicaid under section 5167.10 of the Revised	17686
Code and a data security agreement with the board required by	17687
section 5167.14 of the Revised Code, the board shall provide to	17688
the medical director information from the database relating to a	17689
medicaid recipient enrolled in the managed care organization,	17690
including information in the database related to prescriptions for	17691
the recipient that were not covered or reimbursed under a program	17692
administered by the department of medicaid.	17693

(9) On receipt of a request from the medicaid director, the	17694
board shall provide to the director information from the database	17695
relating to a recipient of a program administered by the	17696
department of medicaid, including information in the database	17697
related to prescriptions for the recipient that were not covered	17698
or paid by a program administered by the department.	17699

(10) On receipt of a request from the medical director of a	17700
managed care organization that has entered into a contract with	17701
the administrator of workers' compensation under division (B)(4)	17702
of section 4121.44 of the Revised Code and a data security	17703
agreement with the board required by section 4121.443 of the	17704
Revised Code, the board shall provide to the medical director	17705
information from the database relating to a claimant under Chapter	17706
4121., 4123., 4127., or 4131. of the Revised Code assigned to the	17707
managed care organization, including information in the database	17708
related to prescriptions for the claimant that were not covered or	17709
reimbursed under Chapter 4121., 4123., 4127., or 4131. of the	17710
Revised Code, if the administrator of workers' compensation	17711
confirms, upon request from the board, that the claimant is	17712
assigned to the managed care organization.	17713

(11) On receipt of a request from the administrator of	17714
workers' compensation, the board ~~may~~shall provide to the	17715
administrator information from the database relating to a claimant	17716
under Chapter 4121., 4123., 4127., or 4131. of the Revised Code,	17717
including information in the database related to prescriptions for	17718
the claimant that were not covered or reimbursed under Chapter	17719
4121., 4123., 4127., or 4131. of the Revised Code.	17720

~~(11)~~(12) On receipt of a request from a prescriber or the	17721
prescriber's delegate approved by the board, the board shall	17722
provide to the prescriber information from the database relating	17723
to a patient's mother, if the prescriber certifies in a form	17724
specified by the board that it is for the purpose of providing	17725
medical treatment to a newborn or infant patient diagnosed as	17726
opioid dependent and the prescriber has not been denied access to	17727
the database by the board.	17728

(13) On receipt of a request from a requestor described in	17729
division (A)(1), (2), (5), or (6) of this section who is from or	17730
participating with another state's prescription monitoring	17731
program, the board may provide to the requestor information from	17732
the database, but only if there is a written agreement under which	17733
the information is to be used and disseminated according to the	17734
laws of this state.	17735

(B) The state board of pharmacy shall maintain a record of	17736
each individual or entity that requests information from the	17737
database pursuant to this section. In accordance with rules	17738
adopted under section 4729.84 of the Revised Code, the board may	17739
use the records to document and report statistics and law	17740
enforcement outcomes.	17741

The board may provide records of an individual's requests for	17742
database information to the following:	17743

(1) A designated representative of a government entity that	17744
is responsible for the licensure, regulation, or discipline of	17745
health care professionals with authority to prescribe, administer,	17746
or dispense drugs who is involved in an active investigation being	17747
conducted by the government entity of the individual who submitted	17748
the requests for database information;	17749

(2) A federal officer, or a state or local officer of this or	17750
any other state, whose duties include enforcing laws relating to	17751
drugs and who is involved in an active investigation being	17752
conducted by the officer's employing government entity of the	17753
individual who submitted the requests for database information.	17754

(C) Information contained in the database and any information	17755
obtained from it is not a public record. Information contained in	17756
the records of requests for information from the database is not a	17757
public record. Information that does not identify a person may be	17758
released in summary, statistical, or aggregate form.	17759

(D) A pharmacist or prescriber shall not be held liable in	17760
damages to any person in any civil action for injury, death, or	17761
loss to person or property on the basis that the pharmacist or	17762
prescriber did or did not seek or obtain information from the	17763
database.	17764

Sec. 4729.83. (A) If the state board of pharmacy establishes	17765
and maintains a drug database pursuant to section 4729.75 of the	17766
Revised Code, the board may use, for the purpose of establishing	17767
or maintaining the database, any portion of the fees collected	17768
under section 4729.15, 4729.52, or 4729.54 of the Revised Code for	17769
the licensing or registration of pharmacists, pharmacy interns,	17770
wholesale distributors of dangerous drugs, or terminal	17771
distributors of dangerous drugs. The board shall not increase the	17772
amount of any of those fees solely for the purpose of establishing	17773
or maintaining the database.	17774

The board shall not impose any charge on a ~~terminal~~	17775
~~distributor of dangerous drugs, pharmacist, or~~ prescriber for the	17776
establishment or maintenance of the database. The board shall not	17777
charge any fees for the transmission of data to the database or	17778
for the receipt of information from the database, except that the	17779
board may charge a fee in accordance with rules adopted under	17780
section 4729.84 of the Revised Code to an individual who requests	17781
the individual's own database information under section 4729.80 of	17782
the Revised Code.	17783

(B) The board may accept grants, gifts, or donations for	17784
purposes of the drug database. Any money received shall be	17785
deposited into the state treasury to the credit of the drug	17786
database fund, which is hereby created. Money in the fund shall be	17787
used solely for purposes of the drug database.	17788

Sec. 4729.86. If the state board of pharmacy establishes and	17789
maintains a drug database pursuant to section 4729.75 of the	17790
Revised Code, all of the following apply:	17791

(A)(1) No person identified in divisions (A)(1) to ~~(10)~~(12)	17792
or (B) of section 4729.80 of the Revised Code shall disseminate	17793
any written or electronic information the person receives from the	17794
drug database or otherwise provide another person access to the	17795
information that the person receives from the database, except as	17796
follows:	17797

(a) When necessary in the investigation or prosecution of a	17798
possible or alleged criminal offense;	17799

(b) When a person provides the information to the prescriber	17800
or pharmacist for whom the person is approved by the board to	17801
serve as a delegate of the prescriber or pharmacist for purposes	17802
of requesting and receiving information from the drug database	17803
under division (A)(5) or (6) of section 4729.80 of the Revised	17804
Code;	17805

(c) When a prescriber or pharmacist provides the information	17806
to a person who is approved by the board to serve as such a	17807
delegate of the prescriber or pharmacist.	17808

(2) No person shall provide false information to the state	17809
board of pharmacy with the intent to obtain or alter information	17810
contained in the drug database.	17811

(3) No person shall obtain drug database information by any	17812
means except as provided under section 4729.80 or 4729.81 of the	17813
Revised Code.	17814

(B) A person shall not use information obtained pursuant to	17815
division (A) of section 4729.80 of the Revised Code as evidence in	17816
any civil or administrative proceeding.	17817

(C)(1) ~~The~~Except as provided in division (C)(2) of this	17818
section, after providing notice and affording an opportunity for a	17819
hearing in accordance with Chapter 119. of the Revised Code, the	17820
board may restrict a person from obtaining further information	17821
from the drug database if any of the following is the case:	17822

(a) The person violates division (A)(1), (2), or (3) of this	17823
section;	17824

(b) The person is a requestor identified in division	17825
(A)~~(11)~~(13) of section 4729.80 of the Revised Code and the board	17826
determines that the person's actions in another state would have	17827
constituted a violation of division (A)(1), (2), or (3) of this	17828
section;	17829

(c) The person fails to comply with division (B) of this	17830
section, regardless of the jurisdiction in which the failure to	17831
comply occurred;	17832

(d) The person creates, by clear and convincing evidence, a	17833
threat to the security of information contained in the database.	17834

(2) If the board determines that allegations regarding a	17835
person's actions warrant restricting the person from obtaining	17836
further information from the drug database without a prior	17837
hearing, the board may summarily impose the restriction. A	17838
telephone conference call may be used for reviewing the	17839
allegations and taking a vote on the summary restriction. The	17840
summary restriction shall remain in effect, unless removed by the	17841
board, until the board's final adjudication order becomes	17842
effective.	17843

(3) The board shall determine the extent to which the person	17844
is restricted from obtaining further information from the	17845
database.	17846

Sec. 4729.861. If the state board of pharmacy establishes	17847
and maintains a drug database pursuant to section 4729.75 of the	17848
Revised Code and if the board restricts a prescriber from	17849
obtaining further information from the database pursuant to	17850
division (C) of section 4729.86 of the Revised Code, the board	17851
shall notify the government entity responsible for licensing the	17852
prescriber.	17853

Sec. 4730.093. When a physician assistant orders a test for	17854
the presence of Lyme disease in a patient, the physician assistant	17855
or physician assistant's delegate shall provide to the patient or	17856
patient's representative a written notice with the following	17857
information:	17858

"Your health care provider has ordered a test for the	17859
presence of Lyme disease. Current testing for Lyme disease can be	17860
problematic and may lead to false results. If you are tested for	17861
Lyme disease and the results are positive, this does not	17862
necessarily mean that you have contracted Lyme disease. In the	17863
alternative, if the results are negative, this does not	17864
necessarily mean that you have not contracted Lyme disease. If you	17865
continue to experience symptoms or have other health concerns, you	17866
should contact your health care provider and inquire about the	17867
appropriateness of additional testing or treatment."	17868

The physician assistant or physician assistant's delegate	17869
shall obtain a signature from the patient or patient's	17870
representative indicating receipt of the notice. The document	17871
containing the signature shall be kept in the patient's record.	17872

Sec. 4730.25. (A) The state medical board, by an affirmative	17873
vote of not fewer than six members, may revoke or may refuse to	17874
grant a certificate to practice as a physician assistant or a	17875
certificate to prescribe to a person found by the board to have	17876
committed fraud, misrepresentation, or deception in applying for	17877
or securing the certificate.	17878

(B) The board, by an affirmative vote of not fewer than six	17879
members, shall, to the extent permitted by law, limit, revoke, or	17880
suspend an individual's certificate to practice as a physician	17881
assistant or certificate to prescribe, refuse to issue a	17882
certificate to an applicant, refuse to reinstate a certificate, or	17883
reprimand or place on probation the holder of a certificate for	17884
any of the following reasons:	17885

(1) Failure to practice in accordance with the conditions	17886
under which the supervising physician's supervision agreement with	17887
the physician assistant was approved, including the requirement	17888
that when practicing under a particular supervising physician, the	17889
physician assistant must practice only according to the physician	17890
supervisory plan the board approved for that physician or the	17891
policies of the health care facility in which the supervising	17892
physician and physician assistant are practicing;	17893

(2) Failure to comply with the requirements of this chapter,	17894
Chapter 4731. of the Revised Code, or any rules adopted by the	17895
board;	17896

(3) Violating or attempting to violate, directly or	17897
indirectly, or assisting in or abetting the violation of, or	17898
conspiring to violate, any provision of this chapter, Chapter	17899
4731. of the Revised Code, or the rules adopted by the board;	17900

(4) Inability to practice according to acceptable and	17901
prevailing standards of care by reason of mental illness or	17902
physical illness, including physical deterioration that adversely	17903
affects cognitive, motor, or perceptive skills;	17904

(5) Impairment of ability to practice according to acceptable	17905
and prevailing standards of care because of habitual or excessive	17906
use or abuse of drugs, alcohol, or other substances that impair	17907
ability to practice;	17908

(6) Administering drugs for purposes other than those	17909
authorized under this chapter;	17910

(7) Willfully betraying a professional confidence;

17911

(8) Making a false, fraudulent, deceptive, or misleading	17912
statement in soliciting or advertising for employment as a	17913
physician assistant; in connection with any solicitation or	17914
advertisement for patients; in relation to the practice of	17915
medicine as it pertains to physician assistants; or in securing or	17916
attempting to secure a certificate to practice as a physician	17917
assistant, a certificate to prescribe, or approval of a	17918
supervision agreement.	17919

As used in this division, "false, fraudulent, deceptive, or	17920
misleading statement" means a statement that includes a	17921
misrepresentation of fact, is likely to mislead or deceive because	17922
of a failure to disclose material facts, is intended or is likely	17923
to create false or unjustified expectations of favorable results,	17924
or includes representations or implications that in reasonable	17925
probability will cause an ordinarily prudent person to	17926
misunderstand or be deceived.	17927

(9) Representing, with the purpose of obtaining compensation	17928
or other advantage personally or for any other person, that an	17929
incurable disease or injury, or other incurable condition, can be	17930
permanently cured;	17931

(10) The obtaining of, or attempting to obtain, money or	17932
anything of value by fraudulent misrepresentations in the course	17933
of practice;	17934

(11) A plea of guilty to, a judicial finding of guilt of, or	17935
a judicial finding of eligibility for intervention in lieu of	17936
conviction for, a felony;	17937

(12) Commission of an act that constitutes a felony in this	17938
state, regardless of the jurisdiction in which the act was	17939
committed;	17940

(13) A plea of guilty to, a judicial finding of guilt of, or	17941
a judicial finding of eligibility for intervention in lieu of	17942
conviction for, a misdemeanor committed in the course of practice;	17943

(14) A plea of guilty to, a judicial finding of guilt of, or	17944
a judicial finding of eligibility for intervention in lieu of	17945
conviction for, a misdemeanor involving moral turpitude;	17946

(15) Commission of an act in the course of practice that	17947
constitutes a misdemeanor in this state, regardless of the	17948
jurisdiction in which the act was committed;	17949

(16) Commission of an act involving moral turpitude that	17950
constitutes a misdemeanor in this state, regardless of the	17951
jurisdiction in which the act was committed;	17952

(17) A plea of guilty to, a judicial finding of guilt of, or	17953
a judicial finding of eligibility for intervention in lieu of	17954
conviction for violating any state or federal law regulating the	17955
possession, distribution, or use of any drug, including	17956
trafficking in drugs;	17957

(18) Any of the following actions taken by the state agency	17958
responsible for regulating the practice of physician assistants in	17959
another state, for any reason other than the nonpayment of fees:	17960
the limitation, revocation, or suspension of an individual's	17961
license to practice; acceptance of an individual's license	17962
surrender; denial of a license; refusal to renew or reinstate a	17963
license; imposition of probation; or issuance of an order of	17964
censure or other reprimand;	17965

(19) A departure from, or failure to conform to, minimal	17966
standards of care of similar physician assistants under the same	17967
or similar circumstances, regardless of whether actual injury to a	17968
patient is established;	17969

(20) Violation of the conditions placed by the board on a	17970
certificate to practice as a physician assistant, a certificate to	17971
prescribe, a physician supervisory plan, or supervision agreement;	17972

(21) Failure to use universal blood and body fluid	17973
precautions established by rules adopted under section 4731.051 of	17974
the Revised Code;	17975

(22) Failure to cooperate in an investigation conducted by	17976
the board under section 4730.26 of the Revised Code, including	17977
failure to comply with a subpoena or order issued by the board or	17978
failure to answer truthfully a question presented by the board at	17979
a deposition or in written interrogatories, except that failure to	17980
cooperate with an investigation shall not constitute grounds for	17981
discipline under this section if a court of competent jurisdiction	17982
has issued an order that either quashes a subpoena or permits the	17983
individual to withhold the testimony or evidence in issue;	17984

(23) Assisting suicide as defined in section 3795.01 of the	17985
Revised Code;	17986

(24) Prescribing any drug or device to perform or induce an	17987
abortion, or otherwise performing or inducing an abortion;	17988

(25) Failure to comply with section 4730.53 of the Revised	17989
Code, unless the board no longer maintains a drug database	17990
pursuant to section 4729.75 of the Revised Code.	17991

(C) Disciplinary actions taken by the board under divisions	17992
(A) and (B) of this section shall be taken pursuant to an	17993
adjudication under Chapter 119. of the Revised Code, except that	17994
in lieu of an adjudication, the board may enter into a consent	17995
agreement with a physician assistant or applicant to resolve an	17996
allegation of a violation of this chapter or any rule adopted	17997
under it. A consent agreement, when ratified by an affirmative	17998
vote of not fewer than six members of the board, shall constitute	17999
the findings and order of the board with respect to the matter	18000
addressed in the agreement. If the board refuses to ratify a	18001
consent agreement, the admissions and findings contained in the	18002
consent agreement shall be of no force or effect.	18003

(D) For purposes of divisions (B)(12), (15), and (16) of this	18004
section, the commission of the act may be established by a finding	18005
by the board, pursuant to an adjudication under Chapter 119. of	18006
the Revised Code, that the applicant or certificate holder	18007
committed the act in question. The board shall have no	18008
jurisdiction under these divisions in cases where the trial court	18009
renders a final judgment in the certificate holder's favor and	18010
that judgment is based upon an adjudication on the merits. The	18011
board shall have jurisdiction under these divisions in cases where	18012
the trial court issues an order of dismissal upon technical or	18013
procedural grounds.	18014

(E) The sealing of conviction records by any court shall have	18015
no effect upon a prior board order entered under the provisions of	18016
this section or upon the board's jurisdiction to take action under	18017
the provisions of this section if, based upon a plea of guilty, a	18018
judicial finding of guilt, or a judicial finding of eligibility	18019
for intervention in lieu of conviction, the board issued a notice	18020
of opportunity for a hearing prior to the court's order to seal	18021
the records. The board shall not be required to seal, destroy,	18022
redact, or otherwise modify its records to reflect the court's	18023
sealing of conviction records.	18024

(F) For purposes of this division, any individual who holds a	18025
certificate issued under this chapter, or applies for a	18026
certificate issued under this chapter, shall be deemed to have	18027
given consent to submit to a mental or physical examination when	18028
directed to do so in writing by the board and to have waived all	18029
objections to the admissibility of testimony or examination	18030
reports that constitute a privileged communication.	18031

(1) In enforcing division (B)(4) of this section, the board,	18032
upon a showing of a possible violation, may compel any individual	18033
who holds a certificate issued under this chapter or who has	18034
applied for a certificate pursuant to this chapter to submit to a	18035
mental examination, physical examination, including an HIV test,	18036
or both a mental and physical examination. The expense of the	18037
examination is the responsibility of the individual compelled to	18038
be examined. Failure to submit to a mental or physical examination	18039
or consent to an HIV test ordered by the board constitutes an	18040
admission of the allegations against the individual unless the	18041
failure is due to circumstances beyond the individual's control,	18042
and a default and final order may be entered without the taking of	18043
testimony or presentation of evidence. If the board finds a	18044
physician assistant unable to practice because of the reasons set	18045
forth in division (B)(4) of this section, the board shall require	18046
the physician assistant to submit to care, counseling, or	18047
treatment by physicians approved or designated by the board, as a	18048
condition for an initial, continued, reinstated, or renewed	18049
certificate. An individual affected under this division shall be	18050
afforded an opportunity to demonstrate to the board the ability to	18051
resume practicing in compliance with acceptable and prevailing	18052
standards of care.	18053

(2) For purposes of division (B)(5) of this section, if the	18054
board has reason to believe that any individual who holds a	18055
certificate issued under this chapter or any applicant for a	18056
certificate suffers such impairment, the board may compel the	18057
individual to submit to a mental or physical examination, or both.	18058
The expense of the examination is the responsibility of the	18059
individual compelled to be examined. Any mental or physical	18060
examination required under this division shall be undertaken by a	18061
treatment provider or physician qualified to conduct such	18062
examination and chosen by the board.	18063

Failure to submit to a mental or physical examination ordered	18064
by the board constitutes an admission of the allegations against	18065
the individual unless the failure is due to circumstances beyond	18066
the individual's control, and a default and final order may be	18067
entered without the taking of testimony or presentation of	18068
evidence. If the board determines that the individual's ability to	18069
practice is impaired, the board shall suspend the individual's	18070
certificate or deny the individual's application and shall require	18071
the individual, as a condition for initial, continued, reinstated,	18072
or renewed certification to practice or prescribe, to submit to	18073
treatment.	18074

Before being eligible to apply for reinstatement of a	18075
certificate suspended under this division, the physician assistant	18076
shall demonstrate to the board the ability to resume practice or	18077
prescribing in compliance with acceptable and prevailing standards	18078
of care. The demonstration shall include the following:	18079

(a) Certification from a treatment provider approved under	18080
section 4731.25 of the Revised Code that the individual has	18081
successfully completed any required inpatient treatment;	18082

(b) Evidence of continuing full compliance with an aftercare	18083
contract or consent agreement;	18084

(c) Two written reports indicating that the individual's	18085
ability to practice has been assessed and that the individual has	18086
been found capable of practicing according to acceptable and	18087
prevailing standards of care. The reports shall be made by	18088
individuals or providers approved by the board for making such	18089
assessments and shall describe the basis for their determination.	18090

The board may reinstate a certificate suspended under this	18091
division after such demonstration and after the individual has	18092
entered into a written consent agreement.	18093

When the impaired physician assistant resumes practice or	18094
prescribing, the board shall require continued monitoring of the	18095
physician assistant. The monitoring shall include compliance with	18096
the written consent agreement entered into before reinstatement or	18097
with conditions imposed by board order after a hearing, and, upon	18098
termination of the consent agreement, submission to the board for	18099
at least two years of annual written progress reports made under	18100
penalty of falsification stating whether the physician assistant	18101
has maintained sobriety.	18102

(G) If the secretary and supervising member determine that	18103
there is clear and convincing evidence that a physician assistant	18104
has violated division (B) of this section and that the	18105
individual's continued practice or prescribing presents a danger	18106
of immediate and serious harm to the public, they may recommend	18107
that the board suspend the individual's certificate to practice or	18108
prescribe without a prior hearing. Written allegations shall be	18109
prepared for consideration by the board.	18110

The board, upon review of those allegations and by an	18111
affirmative vote of not fewer than six of its members, excluding	18112
the secretary and supervising member, may suspend a certificate	18113
without a prior hearing. A telephone conference call may be	18114
utilized for reviewing the allegations and taking the vote on the	18115
summary suspension.	18116

The board shall issue a written order of suspension by	18117
certified mail or in person in accordance with section 119.07 of	18118
the Revised Code. The order shall not be subject to suspension by	18119
the court during pendency of any appeal filed under section 119.12	18120
of the Revised Code. If the physician assistant requests an	18121
adjudicatory hearing by the board, the date set for the hearing	18122
shall be within fifteen days, but not earlier than seven days,	18123
after the physician assistant requests the hearing, unless	18124
otherwise agreed to by both the board and the certificate holder.	18125

A summary suspension imposed under this division shall remain	18126
in effect, unless reversed on appeal, until a final adjudicative	18127
order issued by the board pursuant to this section and Chapter	18128
119. of the Revised Code becomes effective. The board shall issue	18129
its final adjudicative order within sixty days after completion of	18130
its hearing. Failure to issue the order within sixty days shall	18131
result in dissolution of the summary suspension order, but shall	18132
not invalidate any subsequent, final adjudicative order.	18133

(H) If the board takes action under division (B)(11), (13),	18134
or (14) of this section, and the judicial finding of guilt, guilty	18135
plea, or judicial finding of eligibility for intervention in lieu	18136
of conviction is overturned on appeal, upon exhaustion of the	18137
criminal appeal, a petition for reconsideration of the order may	18138
be filed with the board along with appropriate court documents.	18139
Upon receipt of a petition and supporting court documents, the	18140
board shall reinstate the certificate to practice or prescribe.	18141
The board may then hold an adjudication under Chapter 119. of the	18142
Revised Code to determine whether the individual committed the act	18143
in question. Notice of opportunity for hearing shall be given in	18144
accordance with Chapter 119. of the Revised Code. If the board	18145
finds, pursuant to an adjudication held under this division, that	18146
the individual committed the act, or if no hearing is requested,	18147
it may order any of the sanctions identified under division (B) of	18148
this section.	18149

(I) The certificate to practice issued to a physician	18150
assistant and the physician assistant's practice in this state are	18151
automatically suspended as of the date the physician assistant	18152
pleads guilty to, is found by a judge or jury to be guilty of, or	18153
is subject to a judicial finding of eligibility for intervention	18154
in lieu of conviction in this state or treatment or intervention	18155
in lieu of conviction in another state for any of the following	18156
criminal offenses in this state or a substantially equivalent	18157
criminal offense in another jurisdiction: aggravated murder,	18158
murder, voluntary manslaughter, felonious assault, kidnapping,	18159
rape, sexual battery, gross sexual imposition, aggravated arson,	18160
aggravated robbery, or aggravated burglary. Continued practice	18161
after the suspension shall be considered practicing without a	18162
certificate.	18163

The board shall notify the individual subject to the	18164
suspension by certified mail or in person in accordance with	18165
section 119.07 of the Revised Code. If an individual whose	18166
certificate is suspended under this division fails to make a	18167
timely request for an adjudication under Chapter 119. of the	18168
Revised Code, the board shall enter a final order permanently	18169
revoking the individual's certificate to practice.	18170

(J) In any instance in which the board is required by Chapter	18171
119. of the Revised Code to give notice of opportunity for hearing	18172
and the individual subject to the notice does not timely request a	18173
hearing in accordance with section 119.07 of the Revised Code, the	18174
board is not required to hold a hearing, but may adopt, by an	18175
affirmative vote of not fewer than six of its members, a final	18176
order that contains the board's findings. In that final order, the	18177
board may order any of the sanctions identified under division (A)	18178
or (B) of this section.	18179

(K) Any action taken by the board under division (B) of this	18180
section resulting in a suspension shall be accompanied by a	18181
written statement of the conditions under which the physician	18182
assistant's certificate may be reinstated. The board shall adopt	18183
rules in accordance with Chapter 119. of the Revised Code	18184
governing conditions to be imposed for reinstatement.	18185
Reinstatement of a certificate suspended pursuant to division (B)	18186
of this section requires an affirmative vote of not fewer than six	18187
members of the board.	18188

(L) When the board refuses to grant to an applicant a	18189
certificate to practice as a physician assistant or a certificate	18190
to prescribe, revokes an individual's certificate, refuses to	18191
issue a certificate, or refuses to reinstate an individual's	18192
certificate, the board may specify that its action is permanent.	18193
An individual subject to a permanent action taken by the board is	18194
forever thereafter ineligible to hold the certificate and the	18195
board shall not accept an application for reinstatement of the	18196
certificate or for issuance of a new certificate.	18197

(M) Notwithstanding any other provision of the Revised Code,	18198
all of the following apply:	18199

(1) The surrender of a certificate issued under this chapter	18200
is not effective unless or until accepted by the board.	18201
Reinstatement of a certificate surrendered to the board requires	18202
an affirmative vote of not fewer than six members of the board.	18203

(2) An application made under this chapter for a certificate,	18204
approval of a physician supervisory plan, or approval of a	18205
supervision agreement may not be withdrawn without approval of the	18206
board.	18207

(3) Failure by an individual to renew a certificate in	18208
accordance with section 4730.14 or section 4730.48 of the Revised	18209
Code shall not remove or limit the board's jurisdiction to take	18210
disciplinary action under this section against the individual.	18211

Sec. 4730.48. (A)(1) Except in the case of a provisional	18212
certificate to prescribe, a physician assistant's certificate to	18213
prescribe expires on the same date as the physician assistant's	18214
certificate to practice as a physician assistant, as provided in	18215
section 4730.14 of the Revised Code. The certificate to prescribe	18216
may be renewed in accordance with this section.	18217

(2) A person seeking to renew a certificate to prescribe	18218
shall, on or before the thirty-first day of January of each	18219
even-numbered year, apply for renewal of the certificate. The	18220
state medical board shall send renewal notices at least one month	18221
prior to the expiration date. The notice may be sent as part of	18222
the notice sent for renewal of the certificate to practice.	18223

(3) Applications for renewal shall be submitted to the board	18224
on forms the board shall prescribe and furnish. An application for	18225
renewal of a certificate to prescribe may be submitted in	18226
conjunction with an application for renewal of a certificate to	18227
practice.	18228

(4)(a) Except as provided in division (A)(4)(b) of this	18229
section, in the case of an applicant who prescribes opioid	18230
analgesics or benzodiazepines, the applicant shall certify to the	18231
board whether the applicant has been granted access to the drug	18232
database established and maintained by the state board of pharmacy	18233
pursuant to section 4729.75 of the Revised Code.	18234

(b) The requirement in division (A)(4)(a) of this section	18235
does not apply if either of the following is the case:	18236

(i) The state board of pharmacy notifies the state medical	18237
board pursuant to section 4729.861 of the Revised Code that the	18238
applicant has been restricted from obtaining further information	18239
from the drug database.	18240

(ii) The state board of pharmacy no longer maintains the drug	18241
database.	18242

(c) If an applicant certifies to the state medical board that	18243
the applicant has been granted access to the drug database and the	18244
board finds through an audit or other means that the applicant has	18245
not been granted access, the board may take action under section	18246
4730.25 of the Revised Code.	18247

(5) Each application for renewal of a certificate to	18248
prescribe shall be accompanied by a biennial renewal fee of fifty	18249
dollars. The board shall deposit the fees in accordance with	18250
section 4731.24 of the Revised Code.	18251

(6) The applicant shall report any criminal offense that	18252
constitutes grounds under section 4730.25 of the Revised Code for	18253
refusing to issue a certificate to prescribe to which the	18254
applicant has pleaded guilty, of which the applicant has been	18255
found guilty, or for which the applicant has been found eligible	18256
for intervention in lieu of conviction, since last signing an	18257
application for a certificate to prescribe.	18258

(B) The board shall review all renewal applications received.	18259
If an applicant submits a complete renewal application and meets	18260
the requirements for renewal specified in section 4730.49 of the	18261
Revised Code, the board shall issue to the applicant a renewed	18262
certificate to prescribe.	18263

Sec. 4730.53. (A) As used in this section, "drug database"	18264
means the database established and maintained by the state board	18265
of pharmacy pursuant to section 4729.75 of the Revised Code.	18266

(B) ~~The~~Except as provided in divisions (C) and (E) of this	18267
section, a physician assistant holding a certificate to prescribe	18268
issued under this chapter shall comply with all of the following	18269
as conditions of prescribing a drug that is either an opioid	18270
analgesic or a benzodiazepine as part of a patient's course of	18271
treatment for a particular condition:	18272

(1) Before initially prescribing the drug, the physician	18273
assistant or the physician assistant's delegate shall request from	18274
the drug database a report of information related to the patient	18275
that covers at least the twelve months immediately preceding the	18276
date of the request. If the physician assistant practices	18277
primarily in a county of this state that adjoins another state,	18278
the physician assistant or delegate also shall request a report of	18279
any information available in the drug database that pertains to	18280
prescriptions issued or drugs furnished to the patient in the	18281
state adjoining that county.	18282

(2) If the patient's course of treatment for the condition	18283
continues for more than ninety days after the initial report is	18284
requested, the physician assistant or delegate shall make periodic	18285
requests for reports of information from the drug database until	18286
the course of treatment has ended. The requests shall be made at	18287
intervals not exceeding ninety days, determined according to the	18288
date the initial request was made. The request shall be made in	18289
the same manner provided in division (B)(1) of this section for	18290
requesting the initial report of information from the drug	18291
database.	18292

(3) On receipt of a report under division (B)(1) or (2) of	18293
this section, the physician assistant shall assess the information	18294
in the report. The physician assistant shall document in the	18295
patient's record that the report was received and the information	18296
was assessed.	18297

(C) Division (B) of this section does not apply in any of the	18298
following circumstances:	18299

(1) A drug database report regarding the patient is not	18300
available, in which case the physician assistant shall document in	18301
the patient's record the reason that the report is not available.	18302

(2) The drug is prescribed in an amount indicated for a	18303
period not to exceed seven days.	18304

(3) The drug is prescribed for the treatment of cancer or	18305
another condition associated with cancer.	18306

(4) The drug is prescribed to a hospice patient in a hospice	18307
care program, as those terms are defined in section 3712.01 of the	18308
Revised Code, or any other patient diagnosed as terminally ill.	18309

(5) The drug is prescribed for administration in a hospital,	18310
nursing home, or residential care facility.	18311

(D) With respect to prescribing any drug that is not an	18312
opioid analgesic or a benzodiazepine but is included in the drug	18313
database pursuant to rules adopted under section 4729.84 of the	18314
Revised Code, the state medical board shall adopt rules in	18315
~~accordance with Chapter 119. of the Revised Code~~ that establish	18316
standards and procedures to be followed by a physician assistant	18317
who holds a certificate to prescribe issued under this chapter	18318
regarding the review of patient information available through the	18319
drug database under division (A)(5) of section 4729.80 of the	18320
Revised Code. The rules shall be adopted in accordance with	18321
Chapter 119. of the Revised Code.	18322

~~(C)~~(E) This section and the rules adopted under it do not	18323
apply if the state board of pharmacy no longer maintains the drug	18324
database.	18325

Sec. 4731.055. (A) As used in this section:

18326

(1) "Drug database" means the database established and	18327
maintained by the state board of pharmacy pursuant to section	18328
4729.75 of the Revised Code.	18329

(2) "Physician" means an individual authorized under this	18330
chapter to practice medicine and surgery, osteopathic medicine and	18331
surgery, or podiatric medicine and surgery.	18332

(B) ~~The~~Except as provided in divisions (C) and (E) of this	18333
section, a physician shall comply with all of the following as	18334
conditions of prescribing a drug that is either an opioid	18335
analgesic or a benzodiazepine, or personally furnishing a complete	18336
or partial supply of such a drug, as part of a patient's course of	18337
treatment for a particular condition:	18338

(1) Before initially prescribing or furnishing the drug, the	18339
physician or the physician's delegate shall request from the drug	18340
database a report of information related to the patient that	18341
covers at least the twelve months immediately preceding the date	18342
of the request. If the physician practices primarily in a county	18343
of this state that adjoins another state, the physician or	18344
delegate also shall request a report of any information available	18345
in the drug database that pertains to prescriptions issued or	18346
drugs furnished to the patient in the state adjoining that county.	18347

(2) If the patient's course of treatment for the condition	18348
continues for more than ninety days after the initial report is	18349
requested, the physician or delegate shall make periodic requests	18350
for reports of information from the drug database until the course	18351
of treatment has ended. The requests shall be made at intervals	18352
not exceeding ninety days, determined according to the date the	18353
initial request was made. The request shall be made in the same	18354
manner provided in division (B)(1) of this section for requesting	18355
the initial report of information from the drug database.	18356

(3) On receipt of a report under division (B)(1) or (2) of	18357
this section, the physician shall assess the information in the	18358
report. The physician shall document in the patient's record that	18359
the report was received and the information was assessed.	18360

(C) Division (B) of this section does not apply in any of the	18361
following circumstances:	18362

(1) A drug database report regarding the patient is not	18363
available, in which case the physician shall document in the	18364
patient's record the reason that the report is not available.	18365

(2) The drug is prescribed or personally furnished in an	18366
amount indicated for a period not to exceed seven days.	18367

(3) The drug is prescribed or personally furnished for the	18368
treatment of cancer or another condition associated with cancer.	18369

(4) The drug is prescribed or personally furnished to a	18370
hospice patient in a hospice care program, as those terms are	18371
defined in section 3712.01 of the Revised Code, or any other	18372
patient diagnosed as terminally ill.	18373

(5) The drug is prescribed or personally furnished for	18374
administration in a hospital, nursing home, or residential care	18375
facility.	18376

(6) The drug is prescribed or personally furnished to treat	18377
acute pain resulting from a surgical or other invasive procedure	18378
or a delivery.	18379

(D) With respect to prescribing or personally furnishing any	18380
drug that is not an opioid analgesic or a benzodiazepine but is	18381
included in the drug database pursuant to rules adopted under	18382
section 4729.84 of the Revised Code, the state medical board shall	18383
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	18384
that establish standards and procedures to be followed by a	18385
physician regarding the review of patient information available	18386
through the drug database under division (A)(5) of section 4729.80	18387
of the Revised Code. The rules shall be adopted in accordance with	18388
Chapter 119. of the Revised Code.	18389

~~(C)~~(E) This section and the rules adopted under it do not	18390
apply if the state board of pharmacy no longer maintains the drug	18391
database.	18392

Sec. 4731.15. (A)(1) The state medical board also shall	18393
regulate the following limited branches of medicine: massage	18394
therapy and cosmetic therapy, and to the extent specified in	18395
section 4731.151 of the Revised Code, naprapathy and	18396
mechanotherapy. The board shall adopt rules governing the limited	18397
branches of medicine under its jurisdiction. The rules shall be	18398
adopted in accordance with Chapter 119. of the Revised Code.	18399

(2) As used in this chapter~~, "cosmetic~~:

18400

(a) "Cosmetic therapy" means the permanent removal of hair	18401
from the human body through the use of electric modalities	18402
approved by the board for use in cosmetic therapy, and	18403
additionally may include the systematic friction, stroking,	18404
slapping, and kneading or tapping of the face, neck, scalp, or	18405
shoulders.	18406

(b) "Massage therapy" means the treatment of disorders of the	18407
human body by the manipulation of soft tissue through the	18408
systematic external application of massage techniques including	18409
touch, stroking, friction, vibration, percussion, kneading,	18410
stretching, compression, and joint movements within the normal	18411
physiologic range of motion; and adjunctive thereto, the external	18412
application of water, heat, cold, topical preparations, and	18413
mechanical devices.	18414

(B) A certificate to practice a limited branch of medicine	18415
issued by the state medical board is valid for a two-year period,	18416
except when an initial certificate is issued for a shorter period	18417
or when division (C)(2) of this section is applicable. The	18418
certificate may be renewed in accordance with division (C) of this	18419
section.	18420

(C)(1) Except as provided in division (C)(2) of this section,	18421
all of the following apply with respect to the renewal of	18422
certificates to practice a limited branch of medicine:	18423

(a) Each person seeking to renew a certificate to practice a	18424
limited branch of medicine shall apply for biennial registration	18425
with the state medical board on a renewal application form	18426
prescribed by the board. An applicant for renewal shall pay a	18427
biennial registration fee of one hundred dollars.	18428

(b) At least six months before a certificate expires, the	18429
board shall mail or cause to be mailed a renewal notice to the	18430
certificate holder's last known address.	18431

(c) At least three months before a certificate expires, the	18432
certificate holder shall submit the renewal application and	18433
biennial registration fee to the board.	18434

(2) Beginning with the 2009 registration period, the board	18435
shall implement a staggered renewal system that is substantially	18436
similar to the staggered renewal system the board uses under	18437
division (B) of section 4731.281 of the Revised Code.	18438

(D) All persons who hold a certificate to practice a limited	18439
branch of medicine issued by the state medical board shall provide	18440
the board written notice of any change of address. The notice	18441
shall be submitted to the board not later than thirty days after	18442
the change of address.	18443

(E) A certificate to practice a limited branch of medicine	18444
shall be automatically suspended if the certificate holder fails	18445
to renew the certificate in accordance with division (C) of this	18446
section. Continued practice after the suspension of the	18447
certificate to practice shall be considered as practicing in	18448
violation of sections 4731.34 and 4731.41 of the Revised Code.	18449

If a certificate to practice has been suspended pursuant to	18450
this division for two years or less, it may be reinstated. The	18451
board shall reinstate the certificate upon an applicant's	18452
submission of a renewal application and payment of the biennial	18453
registration fee and the applicable monetary penalty. With regard	18454
to reinstatement of a certificate to practice cosmetic therapy,	18455
the applicant also shall submit with the application a	18456
certification that the number of hours of continuing education	18457
necessary to have a suspended certificate reinstated have been	18458
completed, as specified in rules the board shall adopt in	18459
accordance with Chapter 119. of the Revised Code. The penalty for	18460
reinstatement shall be twenty-five dollars.	18461

If a certificate has been suspended pursuant to this division	18462
for more than two years, it may be restored. Subject to section	18463
4731.222 of the Revised Code, the board may restore the	18464
certificate upon an applicant's submission of a restoration	18465
application, the biennial registration fee, and the applicable	18466
monetary penalty and compliance with sections 4776.01 to 4776.04	18467
of the Revised Code. The board shall not restore to an applicant a	18468
certificate to practice unless the board, in its discretion,	18469
decides that the results of the criminal records check do not make	18470
the applicant ineligible for a certificate issued pursuant to	18471
section 4731.17 of the Revised Code. The penalty for restoration	18472
is fifty dollars.	18473

Sec. 4731.155. ~~(A) Except as provided in division (D) of~~	18474
~~this section, each person holding a certificate to practice~~	18475
~~cosmetic therapy shall complete biennially not less than~~	18476
~~twenty-five hours of continuing cosmetic therapy education.~~	18477

~~Cosmetic therapists shall earn continuing education credits~~	18478
~~at the rate of one-half credit hour for each twenty-five to thirty~~	18479
~~minutes of instruction and one credit hour for each fifty to sixty~~	18480
~~minutes of instruction.~~	18481

~~(B) Only continuing education approved by the state medical~~	18482
~~board may be used to fulfill the requirements of division (A) of~~	18483
~~this section.~~	18484

~~(C) Each certified cosmetic therapist shall submit to the~~	18485
~~board at the time of biennial renewal pursuant to section 4731.15~~	18486
~~of the Revised Code a sworn affidavit, in a form acceptable to the~~	18487
~~board, attesting that the cosmetic therapist has completed~~	18488
~~continuing education programs in compliance with this section and~~	18489
~~listing the date, location, sponsor, subject matter, and hours~~	18490
~~completed of the programs.~~	18491

~~(D)~~ The state medical board ~~shall~~may adopt rules ~~providing~~	18492
~~for pro rata adjustments by month of the hours of~~that establish	18493
continuing education ~~required by this section for persons who~~	18494
~~first receive a certificate during a registration period or who~~	18495
~~have a registration period that is shorter or longer than two~~	18496
~~years because of the implementation of a staggered renewal system~~	18497
~~under section 4731.15 of the Revised Code.~~	18498

~~The board may excuse a cosmetic therapist from all or any~~	18499
~~part of the requirements of this section because of an unusual~~	18500
~~circumstance, emergency, or special hardship.~~	18501

~~(E) Failure to comply with the requirements of this section~~	18502
~~constitutes a failure to renew pursuant to section 4731.15 of the~~	18503
~~Revised Code~~requirements for renewal under section 4731.15 of the	18504
Revised Code of a certificate to practice a limited branch of	18505
medicine. The rules shall be adopted in accordance with Chapter	18506
119. of the Revised Code.	18507

Sec. 4731.22. (A) The state medical board, by an affirmative	18508
vote of not fewer than six of its members, may limit, revoke, or	18509
suspend an individual's certificate to practice, refuse to grant a	18510
certificate to an individual, refuse to register an individual,	18511
refuse to reinstate a certificate, or reprimand or place on	18512
probation the holder of a certificate if the individual or	18513
certificate holder is found by the board to have committed fraud	18514
during the administration of the examination for a certificate to	18515
practice or to have committed fraud, misrepresentation, or	18516
deception in applying for or securing any certificate to practice	18517
or certificate of registration issued by the board.	18518

(B) The board, by an affirmative vote of not fewer than six	18519
members, shall, to the extent permitted by law, limit, revoke, or	18520
suspend an individual's certificate to practice, refuse to	18521
register an individual, refuse to reinstate a certificate, or	18522
reprimand or place on probation the holder of a certificate for	18523
one or more of the following reasons:	18524

(1) Permitting one's name or one's certificate to practice or	18525
certificate of registration to be used by a person, group, or	18526
corporation when the individual concerned is not actually	18527
directing the treatment given;	18528

(2) Failure to maintain minimal standards applicable to the	18529
selection or administration of drugs, or failure to employ	18530
acceptable scientific methods in the selection of drugs or other	18531
modalities for treatment of disease;	18532

(3) Selling, giving away, personally furnishing, prescribing,	18533
or administering drugs for other than legal and legitimate	18534
therapeutic purposes or a plea of guilty to, a judicial finding of	18535
guilt of, or a judicial finding of eligibility for intervention in	18536
lieu of conviction of, a violation of any federal or state law	18537
regulating the possession, distribution, or use of any drug;	18538

(4) Willfully betraying a professional confidence.

18539

For purposes of this division, "willfully betraying a	18540
professional confidence" does not include providing any	18541
information, documents, or reports to a child fatality review	18542
board under sections 307.621 to 307.629 of the Revised Code and	18543
does not include the making of a report of an employee's use of a	18544
drug of abuse, or a report of a condition of an employee other	18545
than one involving the use of a drug of abuse, to the employer of	18546
the employee as described in division (B) of section 2305.33 of	18547
the Revised Code. Nothing in this division affects the immunity	18548
from civil liability conferred by that section upon a physician	18549
who makes either type of report in accordance with division (B) of	18550
that section. As used in this division, "employee," "employer,"	18551
and "physician" have the same meanings as in section 2305.33 of	18552
the Revised Code.	18553

(5) Making a false, fraudulent, deceptive, or misleading	18554
statement in the solicitation of or advertising for patients; in	18555
relation to the practice of medicine and surgery, osteopathic	18556
medicine and surgery, podiatric medicine and surgery, or a limited	18557
branch of medicine; or in securing or attempting to secure any	18558
certificate to practice or certificate of registration issued by	18559
the board.	18560

As used in this division, "false, fraudulent, deceptive, or	18561
misleading statement" means a statement that includes a	18562
misrepresentation of fact, is likely to mislead or deceive because	18563
of a failure to disclose material facts, is intended or is likely	18564
to create false or unjustified expectations of favorable results,	18565
or includes representations or implications that in reasonable	18566
probability will cause an ordinarily prudent person to	18567
misunderstand or be deceived.	18568

(6) A departure from, or the failure to conform to, minimal	18569
standards of care of similar practitioners under the same or	18570
similar circumstances, whether or not actual injury to a patient	18571
is established;	18572

(7) Representing, with the purpose of obtaining compensation	18573
or other advantage as personal gain or for any other person, that	18574
an incurable disease or injury, or other incurable condition, can	18575
be permanently cured;	18576

(8) The obtaining of, or attempting to obtain, money or	18577
anything of value by fraudulent misrepresentations in the course	18578
of practice;	18579

(9) A plea of guilty to, a judicial finding of guilt of, or a	18580
judicial finding of eligibility for intervention in lieu of	18581
conviction for, a felony;	18582

(10) Commission of an act that constitutes a felony in this	18583
state, regardless of the jurisdiction in which the act was	18584
committed;	18585

(11) A plea of guilty to, a judicial finding of guilt of, or	18586
a judicial finding of eligibility for intervention in lieu of	18587
conviction for, a misdemeanor committed in the course of practice;	18588

(12) Commission of an act in the course of practice that	18589
constitutes a misdemeanor in this state, regardless of the	18590
jurisdiction in which the act was committed;	18591

(13) A plea of guilty to, a judicial finding of guilt of, or	18592
a judicial finding of eligibility for intervention in lieu of	18593
conviction for, a misdemeanor involving moral turpitude;	18594

(14) Commission of an act involving moral turpitude that	18595
constitutes a misdemeanor in this state, regardless of the	18596
jurisdiction in which the act was committed;	18597

(15) Violation of the conditions of limitation placed by the	18598
board upon a certificate to practice;	18599

(16) Failure to pay license renewal fees specified in this	18600
chapter;	18601

(17) Except as authorized in section 4731.31 of the Revised	18602
Code, engaging in the division of fees for referral of patients,	18603
or the receiving of a thing of value in return for a specific	18604
referral of a patient to utilize a particular service or business;	18605

(18) Subject to section 4731.226 of the Revised Code,	18606
violation of any provision of a code of ethics of the American	18607
medical association, the American osteopathic association, the	18608
American podiatric medical association, or any other national	18609
professional organizations that the board specifies by rule. The	18610
state medical board shall obtain and keep on file current copies	18611
of the codes of ethics of the various national professional	18612
organizations. The individual whose certificate is being suspended	18613
or revoked shall not be found to have violated any provision of a	18614
code of ethics of an organization not appropriate to the	18615
individual's profession.	18616

For purposes of this division, a "provision of a code of	18617
ethics of a national professional organization" does not include	18618
any provision that would preclude the making of a report by a	18619
physician of an employee's use of a drug of abuse, or of a	18620
condition of an employee other than one involving the use of a	18621
drug of abuse, to the employer of the employee as described in	18622
division (B) of section 2305.33 of the Revised Code. Nothing in	18623
this division affects the immunity from civil liability conferred	18624
by that section upon a physician who makes either type of report	18625
in accordance with division (B) of that section. As used in this	18626
division, "employee," "employer," and "physician" have the same	18627
meanings as in section 2305.33 of the Revised Code.	18628

(19) Inability to practice according to acceptable and	18629
prevailing standards of care by reason of mental illness or	18630
physical illness, including, but not limited to, physical	18631
deterioration that adversely affects cognitive, motor, or	18632
perceptive skills.	18633

In enforcing this division, the board, upon a showing of a	18634
possible violation, may compel any individual authorized to	18635
practice by this chapter or who has submitted an application	18636
pursuant to this chapter to submit to a mental examination,	18637
physical examination, including an HIV test, or both a mental and	18638
a physical examination. The expense of the examination is the	18639
responsibility of the individual compelled to be examined. Failure	18640
to submit to a mental or physical examination or consent to an HIV	18641
test ordered by the board constitutes an admission of the	18642
allegations against the individual unless the failure is due to	18643
circumstances beyond the individual's control, and a default and	18644
final order may be entered without the taking of testimony or	18645
presentation of evidence. If the board finds an individual unable	18646
to practice because of the reasons set forth in this division, the	18647
board shall require the individual to submit to care, counseling,	18648
or treatment by physicians approved or designated by the board, as	18649
a condition for initial, continued, reinstated, or renewed	18650
authority to practice. An individual affected under this division	18651
shall be afforded an opportunity to demonstrate to the board the	18652
ability to resume practice in compliance with acceptable and	18653
prevailing standards under the provisions of the individual's	18654
certificate. For the purpose of this division, any individual who	18655
applies for or receives a certificate to practice under this	18656
chapter accepts the privilege of practicing in this state and, by	18657
so doing, shall be deemed to have given consent to submit to a	18658
mental or physical examination when directed to do so in writing	18659
by the board, and to have waived all objections to the	18660
admissibility of testimony or examination reports that constitute	18661
a privileged communication.	18662

(20) Except when civil penalties are imposed under section	18663
4731.225 or 4731.281 of the Revised Code, and subject to section	18664
4731.226 of the Revised Code, violating or attempting to violate,	18665
directly or indirectly, or assisting in or abetting the violation	18666
of, or conspiring to violate, any provisions of this chapter or	18667
any rule promulgated by the board.	18668

This division does not apply to a violation or attempted	18669
violation of, assisting in or abetting the violation of, or a	18670
conspiracy to violate, any provision of this chapter or any rule	18671
adopted by the board that would preclude the making of a report by	18672
a physician of an employee's use of a drug of abuse, or of a	18673
condition of an employee other than one involving the use of a	18674
drug of abuse, to the employer of the employee as described in	18675
division (B) of section 2305.33 of the Revised Code. Nothing in	18676
this division affects the immunity from civil liability conferred	18677
by that section upon a physician who makes either type of report	18678
in accordance with division (B) of that section. As used in this	18679
division, "employee," "employer," and "physician" have the same	18680
meanings as in section 2305.33 of the Revised Code.	18681

(21) The violation of section 3701.79 of the Revised Code or	18682
of any abortion rule adopted by the public health council pursuant	18683
to section 3701.341 of the Revised Code;	18684

(22) Any of the following actions taken by an agency	18685
responsible for authorizing, certifying, or regulating an	18686
individual to practice a health care occupation or provide health	18687
care services in this state or another jurisdiction, for any	18688
reason other than the nonpayment of fees: the limitation,	18689
revocation, or suspension of an individual's license to practice;	18690
acceptance of an individual's license surrender; denial of a	18691
license; refusal to renew or reinstate a license; imposition of	18692
probation; or issuance of an order of censure or other reprimand;	18693

(23) The violation of section 2919.12 of the Revised Code or	18694
the performance or inducement of an abortion upon a pregnant woman	18695
with actual knowledge that the conditions specified in division	18696
(B) of section 2317.56 of the Revised Code have not been satisfied	18697
or with a heedless indifference as to whether those conditions	18698
have been satisfied, unless an affirmative defense as specified in	18699
division (H)(2) of that section would apply in a civil action	18700
authorized by division (H)(1) of that section;	18701

(24) The revocation, suspension, restriction, reduction, or	18702
termination of clinical privileges by the United States department	18703
of defense or department of veterans affairs or the termination or	18704
suspension of a certificate of registration to prescribe drugs by	18705
the drug enforcement administration of the United States	18706
department of justice;	18707

(25) Termination or suspension from participation in the	18708
medicare or medicaid programs by the department of health and	18709
human services or other responsible agency for any act or acts	18710
that also would constitute a violation of division (B)(2), (3),	18711
(6), (8), or (19) of this section;	18712

(26) Impairment of ability to practice according to	18713
acceptable and prevailing standards of care because of habitual or	18714
excessive use or abuse of drugs, alcohol, or other substances that	18715
impair ability to practice.	18716

For the purposes of this division, any individual authorized	18717
to practice by this chapter accepts the privilege of practicing in	18718
this state subject to supervision by the board. By filing an	18719
application for or holding a certificate to practice under this	18720
chapter, an individual shall be deemed to have given consent to	18721
submit to a mental or physical examination when ordered to do so	18722
by the board in writing, and to have waived all objections to the	18723
admissibility of testimony or examination reports that constitute	18724
privileged communications.	18725

If it has reason to believe that any individual authorized to	18726
practice by this chapter or any applicant for certification to	18727
practice suffers such impairment, the board may compel the	18728
individual to submit to a mental or physical examination, or both.	18729
The expense of the examination is the responsibility of the	18730
individual compelled to be examined. Any mental or physical	18731
examination required under this division shall be undertaken by a	18732
treatment provider or physician who is qualified to conduct the	18733
examination and who is chosen by the board.	18734

Failure to submit to a mental or physical examination ordered	18735
by the board constitutes an admission of the allegations against	18736
the individual unless the failure is due to circumstances beyond	18737
the individual's control, and a default and final order may be	18738
entered without the taking of testimony or presentation of	18739
evidence. If the board determines that the individual's ability to	18740
practice is impaired, the board shall suspend the individual's	18741
certificate or deny the individual's application and shall require	18742
the individual, as a condition for initial, continued, reinstated,	18743
or renewed certification to practice, to submit to treatment.	18744

Before being eligible to apply for reinstatement of a	18745
certificate suspended under this division, the impaired	18746
practitioner shall demonstrate to the board the ability to resume	18747
practice in compliance with acceptable and prevailing standards of	18748
care under the provisions of the practitioner's certificate. The	18749
demonstration shall include, but shall not be limited to, the	18750
following:	18751

(a) Certification from a treatment provider approved under	18752
section 4731.25 of the Revised Code that the individual has	18753
successfully completed any required inpatient treatment;	18754

(b) Evidence of continuing full compliance with an aftercare	18755
contract or consent agreement;	18756

(c) Two written reports indicating that the individual's	18757
ability to practice has been assessed and that the individual has	18758
been found capable of practicing according to acceptable and	18759
prevailing standards of care. The reports shall be made by	18760
individuals or providers approved by the board for making the	18761
assessments and shall describe the basis for their determination.	18762

The board may reinstate a certificate suspended under this	18763
division after that demonstration and after the individual has	18764
entered into a written consent agreement.	18765

When the impaired practitioner resumes practice, the board	18766
shall require continued monitoring of the individual. The	18767
monitoring shall include, but not be limited to, compliance with	18768
the written consent agreement entered into before reinstatement or	18769
with conditions imposed by board order after a hearing, and, upon	18770
termination of the consent agreement, submission to the board for	18771
at least two years of annual written progress reports made under	18772
penalty of perjury stating whether the individual has maintained	18773
sobriety.	18774

(27) A second or subsequent violation of section 4731.66 or	18775
4731.69 of the Revised Code;	18776

(28) Except as provided in division (N) of this section:

18777

(a) Waiving the payment of all or any part of a deductible or	18778
copayment that a patient, pursuant to a health insurance or health	18779
care policy, contract, or plan that covers the individual's	18780
services, otherwise would be required to pay if the waiver is used	18781
as an enticement to a patient or group of patients to receive	18782
health care services from that individual;	18783

(b) Advertising that the individual will waive the payment of	18784
all or any part of a deductible or copayment that a patient,	18785
pursuant to a health insurance or health care policy, contract, or	18786
plan that covers the individual's services, otherwise would be	18787
required to pay.	18788

(29) Failure to use universal blood and body fluid	18789
precautions established by rules adopted under section 4731.051 of	18790
the Revised Code;	18791

(30) Failure to provide notice to, and receive acknowledgment	18792
of the notice from, a patient when required by section 4731.143 of	18793
the Revised Code prior to providing nonemergency professional	18794
services, or failure to maintain that notice in the patient's	18795
file;	18796

(31) Failure of a physician supervising a physician assistant	18797
to maintain supervision in accordance with the requirements of	18798
Chapter 4730. of the Revised Code and the rules adopted under that	18799
chapter;	18800

(32) Failure of a physician or podiatrist to enter into a	18801
standard care arrangement with a clinical nurse specialist,	18802
certified nurse-midwife, or certified nurse practitioner with whom	18803
the physician or podiatrist is in collaboration pursuant to	18804
section 4731.27 of the Revised Code or failure to fulfill the	18805
responsibilities of collaboration after entering into a standard	18806
care arrangement;	18807

(33) Failure to comply with the terms of a consult agreement	18808
entered into with a pharmacist pursuant to section 4729.39 of the	18809
Revised Code;	18810

(34) Failure to cooperate in an investigation conducted by	18811
the board under division (F) of this section, including failure to	18812
comply with a subpoena or order issued by the board or failure to	18813
answer truthfully a question presented by the board in an	18814
investigative interview, an investigative office conference, at a	18815
deposition, or in written interrogatories, except that failure to	18816
cooperate with an investigation shall not constitute grounds for	18817
discipline under this section if a court of competent jurisdiction	18818
has issued an order that either quashes a subpoena or permits the	18819
individual to withhold the testimony or evidence in issue;	18820

(35) Failure to supervise an oriental medicine practitioner	18821
or acupuncturist in accordance with Chapter 4762. of the Revised	18822
Code and the board's rules for providing that supervision;	18823

(36) Failure to supervise an anesthesiologist assistant in	18824
accordance with Chapter 4760. of the Revised Code and the board's	18825
rules for supervision of an anesthesiologist assistant;	18826

(37) Assisting suicide as defined in section 3795.01 of the	18827
Revised Code;	18828

(38) Failure to comply with the requirements of section	18829
2317.561 of the Revised Code;	18830

(39) Failure to supervise a radiologist assistant in	18831
accordance with Chapter 4774. of the Revised Code and the board's	18832
rules for supervision of radiologist assistants;	18833

(40) Performing or inducing an abortion at an office or	18834
facility with knowledge that the office or facility fails to post	18835
the notice required under section 3701.791 of the Revised Code;	18836

(41) Failure to comply with the standards and procedures	18837
established in rules under section 4731.054 of the Revised Code	18838
for the operation of or the provision of care at a pain management	18839
clinic;	18840

(42) Failure to comply with the standards and procedures	18841
established in rules under section 4731.054 of the Revised Code	18842
for providing supervision, direction, and control of individuals	18843
at a pain management clinic;	18844

(43) Failure to comply with the requirements of section	18845
4729.79 or 4731.055 of the Revised Code, unless the state board of	18846
pharmacy no longer maintains a drug database pursuant to section	18847
4729.75 of the Revised Code;	18848

(44) Failure to comply with the requirements of section	18849
2919.171 of the Revised Code or failure to submit to the	18850
department of health in accordance with a court order a complete	18851
report as described in section 2919.171 of the Revised Code;	18852

(45) Practicing at a facility that is subject to licensure as	18853
a category III terminal distributor of dangerous drugs with a pain	18854
management clinic classification unless the person operating the	18855
facility has obtained and maintains the license with the	18856
classification;	18857

(46) Owning a facility that is subject to licensure as a	18858
category III terminal distributor of dangerous drugs with a pain	18859
management clinic classification unless the facility is licensed	18860
with the classification;	18861

(47) Failure to comply with the requirement regarding	18862
maintaining notes described in division (B) of section 2919.191 of	18863
the Revised Code or failure to satisfy the requirements of section	18864
2919.191 of the Revised Code prior to performing or inducing an	18865
abortion upon a pregnant woman.	18866

(C) Disciplinary actions taken by the board under divisions	18867
(A) and (B) of this section shall be taken pursuant to an	18868
adjudication under Chapter 119. of the Revised Code, except that	18869
in lieu of an adjudication, the board may enter into a consent	18870
agreement with an individual to resolve an allegation of a	18871
violation of this chapter or any rule adopted under it. A consent	18872
agreement, when ratified by an affirmative vote of not fewer than	18873
six members of the board, shall constitute the findings and order	18874
of the board with respect to the matter addressed in the	18875
agreement. If the board refuses to ratify a consent agreement, the	18876
admissions and findings contained in the consent agreement shall	18877
be of no force or effect.	18878

A telephone conference call may be utilized for ratification	18879
of a consent agreement that revokes or suspends an individual's	18880
certificate to practice. The telephone conference call shall be	18881
considered a special meeting under division (F) of section 121.22	18882
of the Revised Code.	18883

If the board takes disciplinary action against an individual	18884
under division (B) of this section for a second or subsequent plea	18885
of guilty to, or judicial finding of guilt of, a violation of	18886
section 2919.123 of the Revised Code, the disciplinary action	18887
shall consist of a suspension of the individual's certificate to	18888
practice for a period of at least one year or, if determined	18889
appropriate by the board, a more serious sanction involving the	18890
individual's certificate to practice. Any consent agreement	18891
entered into under this division with an individual that pertains	18892
to a second or subsequent plea of guilty to, or judicial finding	18893
of guilt of, a violation of that section shall provide for a	18894
suspension of the individual's certificate to practice for a	18895
period of at least one year or, if determined appropriate by the	18896
board, a more serious sanction involving the individual's	18897
certificate to practice.	18898

(D) For purposes of divisions (B)(10), (12), and (14) of this	18899
section, the commission of the act may be established by a finding	18900
by the board, pursuant to an adjudication under Chapter 119. of	18901
the Revised Code, that the individual committed the act. The board	18902
does not have jurisdiction under those divisions if the trial	18903
court renders a final judgment in the individual's favor and that	18904
judgment is based upon an adjudication on the merits. The board	18905
has jurisdiction under those divisions if the trial court issues	18906
an order of dismissal upon technical or procedural grounds.	18907

(E) The sealing of conviction records by any court shall have	18908
no effect upon a prior board order entered under this section or	18909
upon the board's jurisdiction to take action under this section	18910
if, based upon a plea of guilty, a judicial finding of guilt, or a	18911
judicial finding of eligibility for intervention in lieu of	18912
conviction, the board issued a notice of opportunity for a hearing	18913
prior to the court's order to seal the records. The board shall	18914
not be required to seal, destroy, redact, or otherwise modify its	18915
records to reflect the court's sealing of conviction records.	18916

(F)(1) The board shall investigate evidence that appears to	18917
show that a person has violated any provision of this chapter or	18918
any rule adopted under it. Any person may report to the board in a	18919
signed writing any information that the person may have that	18920
appears to show a violation of any provision of this chapter or	18921
any rule adopted under it. In the absence of bad faith, any person	18922
who reports information of that nature or who testifies before the	18923
board in any adjudication conducted under Chapter 119. of the	18924
Revised Code shall not be liable in damages in a civil action as a	18925
result of the report or testimony. Each complaint or allegation of	18926
a violation received by the board shall be assigned a case number	18927
and shall be recorded by the board.	18928

(2) Investigations of alleged violations of this chapter or	18929
any rule adopted under it shall be supervised by the supervising	18930
member elected by the board in accordance with section 4731.02 of	18931
the Revised Code and by the secretary as provided in section	18932
4731.39 of the Revised Code. The president may designate another	18933
member of the board to supervise the investigation in place of the	18934
supervising member. No member of the board who supervises the	18935
investigation of a case shall participate in further adjudication	18936
of the case.	18937

(3) In investigating a possible violation of this chapter or	18938
any rule adopted under this chapter, or in conducting an	18939
inspection under division (E) of section 4731.054 of the Revised	18940
Code, the board may question witnesses, conduct interviews,	18941
administer oaths, order the taking of depositions, inspect and	18942
copy any books, accounts, papers, records, or documents, issue	18943
subpoenas, and compel the attendance of witnesses and production	18944
of books, accounts, papers, records, documents, and testimony,	18945
except that a subpoena for patient record information shall not be	18946
issued without consultation with the attorney general's office and	18947
approval of the secretary and supervising member of the board.	18948

(a) Before issuance of a subpoena for patient record	18949
information, the secretary and supervising member shall determine	18950
whether there is probable cause to believe that the complaint	18951
filed alleges a violation of this chapter or any rule adopted	18952
under it and that the records sought are relevant to the alleged	18953
violation and material to the investigation. The subpoena may	18954
apply only to records that cover a reasonable period of time	18955
surrounding the alleged violation.	18956

(b) On failure to comply with any subpoena issued by the	18957
board and after reasonable notice to the person being subpoenaed,	18958
the board may move for an order compelling the production of	18959
persons or records pursuant to the Rules of Civil Procedure.	18960

(c) A subpoena issued by the board may be served by a	18961
sheriff, the sheriff's deputy, or a board employee designated by	18962
the board. Service of a subpoena issued by the board may be made	18963
by delivering a copy of the subpoena to the person named therein,	18964
reading it to the person, or leaving it at the person's usual	18965
place of residence, usual place of business, or address on file	18966
with the board. When serving a subpoena to an applicant for or the	18967
holder of a certificate issued under this chapter, service of the	18968
subpoena may be made by certified mail, return receipt requested,	18969
and the subpoena shall be deemed served on the date delivery is	18970
made or the date the person refuses to accept delivery. If the	18971
person being served refuses to accept the subpoena or is not	18972
located, service may be made to an attorney who notifies the board	18973
that the attorney is representing the person.	18974

(d) A sheriff's deputy who serves a subpoena shall receive	18975
the same fees as a sheriff. Each witness who appears before the	18976
board in obedience to a subpoena shall receive the fees and	18977
mileage provided for under section 119.094 of the Revised Code.	18978

(4) All hearings, investigations, and inspections of the	18979
board shall be considered civil actions for the purposes of	18980
section 2305.252 of the Revised Code.	18981

(5) A report required to be submitted to the board under this	18982
chapter, a complaint, or information received by the board	18983
pursuant to an investigation or pursuant to an inspection under	18984
division (E) of section 4731.054 of the Revised Code is	18985
confidential and not subject to discovery in any civil action.	18986

The board shall conduct all investigations or inspections and	18987
proceedings in a manner that protects the confidentiality of	18988
patients and persons who file complaints with the board. The board	18989
shall not make public the names or any other identifying	18990
information about patients or complainants unless proper consent	18991
is given or, in the case of a patient, a waiver of the patient	18992
privilege exists under division (B) of section 2317.02 of the	18993
Revised Code, except that consent or a waiver of that nature is	18994
not required if the board possesses reliable and substantial	18995
evidence that no bona fide physician-patient relationship exists.	18996

The board may share any information it receives pursuant to	18997
an investigation or inspection, including patient records and	18998
patient record information, with law enforcement agencies, other	18999
licensing boards, and other governmental agencies that are	19000
prosecuting, adjudicating, or investigating alleged violations of	19001
statutes or administrative rules. An agency or board that receives	19002
the information shall comply with the same requirements regarding	19003
confidentiality as those with which the state medical board must	19004
comply, notwithstanding any conflicting provision of the Revised	19005
Code or procedure of the agency or board that applies when it is	19006
dealing with other information in its possession. In a judicial	19007
proceeding, the information may be admitted into evidence only in	19008
accordance with the Rules of Evidence, but the court shall require	19009
that appropriate measures are taken to ensure that confidentiality	19010
is maintained with respect to any part of the information that	19011
contains names or other identifying information about patients or	19012
complainants whose confidentiality was protected by the state	19013
medical board when the information was in the board's possession.	19014
Measures to ensure confidentiality that may be taken by the court	19015
include sealing its records or deleting specific information from	19016
its records.	19017

(6) On a quarterly basis, the board shall prepare a report	19018
that documents the disposition of all cases during the preceding	19019
three months. The report shall contain the following information	19020
for each case with which the board has completed its activities:	19021

(a) The case number assigned to the complaint or alleged	19022
violation;	19023

(b) The type of certificate to practice, if any, held by the	19024
individual against whom the complaint is directed;	19025

(c) A description of the allegations contained in the	19026
complaint;	19027

(d) The disposition of the case.

19028

The report shall state how many cases are still pending and	19029
shall be prepared in a manner that protects the identity of each	19030
person involved in each case. The report shall be a public record	19031
under section 149.43 of the Revised Code.	19032

(G) If the secretary and supervising member determine both of	19033
the following, they may recommend that the board suspend an	19034
individual's certificate to practice without a prior hearing:	19035

(1) That there is clear and convincing evidence that an	19036
individual has violated division (B) of this section;	19037

(2) That the individual's continued practice presents a	19038
danger of immediate and serious harm to the public.	19039

Written allegations shall be prepared for consideration by	19040
the board. The board, upon review of those allegations and by an	19041
affirmative vote of not fewer than six of its members, excluding	19042
the secretary and supervising member, may suspend a certificate	19043
without a prior hearing. A telephone conference call may be	19044
utilized for reviewing the allegations and taking the vote on the	19045
summary suspension.	19046

The board shall issue a written order of suspension by	19047
certified mail or in person in accordance with section 119.07 of	19048
the Revised Code. The order shall not be subject to suspension by	19049
the court during pendency of any appeal filed under section 119.12	19050
of the Revised Code. If the individual subject to the summary	19051
suspension requests an adjudicatory hearing by the board, the date	19052
set for the hearing shall be within fifteen days, but not earlier	19053
than seven days, after the individual requests the hearing, unless	19054
otherwise agreed to by both the board and the individual.	19055

Any summary suspension imposed under this division shall	19056
remain in effect, unless reversed on appeal, until a final	19057
adjudicative order issued by the board pursuant to this section	19058
and Chapter 119. of the Revised Code becomes effective. The board	19059
shall issue its final adjudicative order within seventy-five days	19060
after completion of its hearing. A failure to issue the order	19061
within seventy-five days shall result in dissolution of the	19062
summary suspension order but shall not invalidate any subsequent,	19063
final adjudicative order.	19064

(H) If the board takes action under division (B)(9), (11), or	19065
(13) of this section and the judicial finding of guilt, guilty	19066
plea, or judicial finding of eligibility for intervention in lieu	19067
of conviction is overturned on appeal, upon exhaustion of the	19068
criminal appeal, a petition for reconsideration of the order may	19069
be filed with the board along with appropriate court documents.	19070
Upon receipt of a petition of that nature and supporting court	19071
documents, the board shall reinstate the individual's certificate	19072
to practice. The board may then hold an adjudication under Chapter	19073
119. of the Revised Code to determine whether the individual	19074
committed the act in question. Notice of an opportunity for a	19075
hearing shall be given in accordance with Chapter 119. of the	19076
Revised Code. If the board finds, pursuant to an adjudication held	19077
under this division, that the individual committed the act or if	19078
no hearing is requested, the board may order any of the sanctions	19079
identified under division (B) of this section.	19080

(I) The certificate to practice issued to an individual under	19081
this chapter and the individual's practice in this state are	19082
automatically suspended as of the date of the individual's second	19083
or subsequent plea of guilty to, or judicial finding of guilt of,	19084
a violation of section 2919.123 of the Revised Code, or the date	19085
the individual pleads guilty to, is found by a judge or jury to be	19086
guilty of, or is subject to a judicial finding of eligibility for	19087
intervention in lieu of conviction in this state or treatment or	19088
intervention in lieu of conviction in another jurisdiction for any	19089
of the following criminal offenses in this state or a	19090
substantially equivalent criminal offense in another jurisdiction:	19091
aggravated murder, murder, voluntary manslaughter, felonious	19092
assault, kidnapping, rape, sexual battery, gross sexual	19093
imposition, aggravated arson, aggravated robbery, or aggravated	19094
burglary. Continued practice after suspension shall be considered	19095
practicing without a certificate.	19096

The board shall notify the individual subject to the	19097
suspension by certified mail or in person in accordance with	19098
section 119.07 of the Revised Code. If an individual whose	19099
certificate is automatically suspended under this division fails	19100
to make a timely request for an adjudication under Chapter 119. of	19101
the Revised Code, the board shall do whichever of the following is	19102
applicable:	19103

(1) If the automatic suspension under this division is for a	19104
second or subsequent plea of guilty to, or judicial finding of	19105
guilt of, a violation of section 2919.123 of the Revised Code, the	19106
board shall enter an order suspending the individual's certificate	19107
to practice for a period of at least one year or, if determined	19108
appropriate by the board, imposing a more serious sanction	19109
involving the individual's certificate to practice.	19110

(2) In all circumstances in which division (I)(1) of this	19111
section does not apply, enter a final order permanently revoking	19112
the individual's certificate to practice.	19113

(J) If the board is required by Chapter 119. of the Revised	19114
Code to give notice of an opportunity for a hearing and if the	19115
individual subject to the notice does not timely request a hearing	19116
in accordance with section 119.07 of the Revised Code, the board	19117
is not required to hold a hearing, but may adopt, by an	19118
affirmative vote of not fewer than six of its members, a final	19119
order that contains the board's findings. In that final order, the	19120
board may order any of the sanctions identified under division (A)	19121
or (B) of this section.	19122

(K) Any action taken by the board under division (B) of this	19123
section resulting in a suspension from practice shall be	19124
accompanied by a written statement of the conditions under which	19125
the individual's certificate to practice may be reinstated. The	19126
board shall adopt rules governing conditions to be imposed for	19127
reinstatement. Reinstatement of a certificate suspended pursuant	19128
to division (B) of this section requires an affirmative vote of	19129
not fewer than six members of the board.	19130

(L) When the board refuses to grant a certificate to an	19131
applicant, revokes an individual's certificate to practice,	19132
refuses to register an applicant, or refuses to reinstate an	19133
individual's certificate to practice, the board may specify that	19134
its action is permanent. An individual subject to a permanent	19135
action taken by the board is forever thereafter ineligible to hold	19136
a certificate to practice and the board shall not accept an	19137
application for reinstatement of the certificate or for issuance	19138
of a new certificate.	19139

(M) Notwithstanding any other provision of the Revised Code,	19140
all of the following apply:	19141

(1) The surrender of a certificate issued under this chapter	19142
shall not be effective unless or until accepted by the board. A	19143
telephone conference call may be utilized for acceptance of the	19144
surrender of an individual's certificate to practice. The	19145
telephone conference call shall be considered a special meeting	19146
under division (F) of section 121.22 of the Revised Code.	19147
Reinstatement of a certificate surrendered to the board requires	19148
an affirmative vote of not fewer than six members of the board.	19149

(2) An application for a certificate made under the	19150
provisions of this chapter may not be withdrawn without approval	19151
of the board.	19152

(3) Failure by an individual to renew a certificate of	19153
registration in accordance with this chapter shall not remove or	19154
limit the board's jurisdiction to take any disciplinary action	19155
under this section against the individual.	19156

(4) At the request of the board, a certificate holder shall	19157
immediately surrender to the board a certificate that the board	19158
has suspended, revoked, or permanently revoked.	19159

(N) Sanctions shall not be imposed under division (B)(28) of	19160
this section against any person who waives deductibles and	19161
copayments as follows:	19162

(1) In compliance with the health benefit plan that expressly	19163
allows such a practice. Waiver of the deductibles or copayments	19164
shall be made only with the full knowledge and consent of the plan	19165
purchaser, payer, and third-party administrator. Documentation of	19166
the consent shall be made available to the board upon request.	19167

(2) For professional services rendered to any other person	19168
authorized to practice pursuant to this chapter, to the extent	19169
allowed by this chapter and rules adopted by the board.	19170

(O) Under the board's investigative duties described in this	19171
section and subject to division (F) of this section, the board	19172
shall develop and implement a quality intervention program	19173
designed to improve through remedial education the clinical and	19174
communication skills of individuals authorized under this chapter	19175
to practice medicine and surgery, osteopathic medicine and	19176
surgery, and podiatric medicine and surgery. In developing and	19177
implementing the quality intervention program, the board may do	19178
all of the following:	19179

(1) Offer in appropriate cases as determined by the board an	19180
educational and assessment program pursuant to an investigation	19181
the board conducts under this section;	19182

(2) Select providers of educational and assessment services,	19183
including a quality intervention program panel of case reviewers;	19184

(3) Make referrals to educational and assessment service	19185
providers and approve individual educational programs recommended	19186
by those providers. The board shall monitor the progress of each	19187
individual undertaking a recommended individual educational	19188
program.	19189

(4) Determine what constitutes successful completion of an	19190
individual educational program and require further monitoring of	19191
the individual who completed the program or other action that the	19192
board determines to be appropriate;	19193

(5) Adopt rules in accordance with Chapter 119. of the	19194
Revised Code to further implement the quality intervention	19195
program.	19196

An individual who participates in an individual educational	19197
program pursuant to this division shall pay the financial	19198
obligations arising from that educational program.	19199

Sec. 4731.24. Except as provided in sections 4731.281 and	19200
4731.40 of the Revised Code, all receipts of the state medical	19201
board, from any source, shall be deposited in the state treasury.	19202
Until July 1, 1998, the funds shall be deposited to the credit of	19203
the occupational licensing and regulatory fund. On and after July	19204
1, 1998, the funds shall be deposited to the credit of the state	19205
medical board operating fund, which is hereby created on July 1,	19206
1998. ~~All~~Except as provided in section 4731.24 of the Revised	19207
Code, all funds deposited into the state treasury under this	19208
section shall be used solely for the administration and	19209
enforcement of this chapter and Chapters 4730., 4760., 4762.,	19210
4774., and 4778. of the Revised Code by the board.	19211

Sec. 4731.241. (A) The state medical board may solicit and	19212
accept grants and services from public and private sources for the	19213
purpose of developing and maintaining programs that address	19214
patient safety and education, supply and demand of health care	19215
professionals, and information sharing with the public and the	19216
individuals regulated by the board. The board shall not solicit or	19217
accept a grant or service that would interfere with the board's	19218
independence or objectivity, as determined by the board.	19219

Money received by the board under this ~~section~~division shall	19220
be deposited into the state treasury to the credit of the medical	19221
board education and patient safety fund, which is hereby created.	19222
The money shall be used solely in accordance with this section.	19223

(B) The board may accept from the state, a political	19224
subdivision of the state, or the federal government money that	19225
results from a fine, civil penalty, or seizure or forfeiture of	19226
property. Money received by the board under this division shall be	19227
deposited in accordance with section 4731.24 of the Revised Code.	19228
The money shall be used solely to further the investigation,	19229
enforcement, and compliance activities of the board.	19230

Sec. 4731.281. (A) On or before the deadline established	19231
under division (B) of this section for applying for renewal of a	19232
certificate of registration, each person holding a certificate	19233
under this chapter to practice medicine and surgery, osteopathic	19234
medicine and surgery, or podiatric medicine and surgery shall	19235
certify to the state medical board that in the preceding two years	19236
the person has completed one hundred hours of continuing medical	19237
education. The certification shall be made upon the application	19238
for biennial registration submitted pursuant to division (B) of	19239
this section. The board shall adopt rules providing for pro rata	19240
reductions by month of the number of hours of continuing education	19241
required for persons who are in their first registration period,	19242
who have been disabled due to illness or accident, or who have	19243
been absent from the country.	19244

In determining whether a course, program, or activity	19245
qualifies for credit as continuing medical education, the board	19246
shall approve all continuing medical education taken by persons	19247
holding a certificate to practice medicine and surgery that is	19248
certified by the Ohio state medical association, all continuing	19249
medical education taken by persons holding a certificate to	19250
practice osteopathic medicine and surgery that is certified by the	19251
Ohio osteopathic association, and all continuing medical education	19252
taken by persons holding a certificate to practice podiatric	19253
medicine and surgery that is certified by the Ohio podiatric	19254
medical association. Each person holding a certificate to practice	19255
under this chapter shall be given sufficient choice of continuing	19256
education programs to ensure that the person has had a reasonable	19257
opportunity to participate in continuing education programs that	19258
are relevant to the person's medical practice in terms of subject	19259
matter and level.	19260

The board may require a random sample of persons holding a	19261
certificate to practice under this chapter to submit materials	19262
documenting completion of the continuing medical education	19263
requirement during the preceding registration period, but this	19264
provision shall not limit the board's authority to investigate	19265
pursuant to section 4731.22 of the Revised Code.	19266

(B)(1) Every person holding a certificate under this chapter	19267
to practice medicine and surgery, osteopathic medicine and	19268
surgery, or podiatric medicine and surgery wishing to renew that	19269
certificate shall apply to the board for a certificate of	19270
registration upon an application furnished by the board, and pay	19271
to the board at the time of application a fee of three hundred	19272
five dollars, according to the following schedule:	19273

(a) Persons whose last name begins with the letters "A"	19274
through "B," on or before April 1, 2001, and the first day of	19275
April of every odd-numbered year thereafter;	19276

(b) Persons whose last name begins with the letters "C"	19277
through "D," on or before January 1, 2001, and the first day of	19278
January of every odd-numbered year thereafter;	19279

(c) Persons whose last name begins with the letters "E"	19280
through "G," on or before October 1, 2000, and the first day of	19281
October of every even-numbered year thereafter;	19282

(d) Persons whose last name begins with the letters "H"	19283
through "K," on or before July 1, 2000, and the first day of July	19284
of every even-numbered year thereafter;	19285

(e) Persons whose last name begins with the letters "L"	19286
through "M," on or before April 1, 2000, and the first day of	19287
April of every even-numbered year thereafter;	19288

(f) Persons whose last name begins with the letters "N"	19289
through "R," on or before January 1, 2000, and the first day of	19290
January of every even-numbered year thereafter;	19291

(g) Persons whose last name begins with the letter "S," on or	19292
before October 1, 1999, and the first day of October of every	19293
odd-numbered year thereafter;	19294

(h) Persons whose last name begins with the letters "T"	19295
through "Z," on or before July 1, 1999, and the first day of July	19296
of every odd-numbered year thereafter.	19297

The board shall deposit the fee in accordance with section	19298
4731.24 of the Revised Code, except that the board shall deposit	19299
twenty dollars of the fee into the state treasury to the credit of	19300
the physician loan repayment fund created by section 3702.78 of	19301
the Revised Code.	19302

(2) The board shall mail or cause to be mailed to every	19303
person registered to practice medicine and surgery, osteopathic	19304
medicine and surgery, or podiatric medicine and surgery, a notice	19305
of registration renewal addressed to the person's last known	19306
address or may cause the notice to be sent to the person through	19307
the secretary of any recognized medical, osteopathic, or podiatric	19308
society, according to the following schedule:	19309

(a) To persons whose last name begins with the letters "A"	19310
through "B," on or before January 1, 2001, and the first day of	19311
January of every odd-numbered year thereafter;	19312

(b) To persons whose last name begins with the letters "C"	19313
through "D," on or before October 1, 2000, and the first day of	19314
October of every even-numbered year thereafter;	19315

(c) To persons whose last name begins with the letters "E"	19316
through "G," on or before July 1, 2000, and the first day of July	19317
of every even-numbered year thereafter;	19318

(d) To persons whose last name begins with the letters "H"	19319
through "K," on or before April 1, 2000, and the first day of	19320
April of every even-numbered year thereafter;	19321

(e) To persons whose last name begins with the letters "L"	19322
through "M," on or before January 1, 2000, and the first day of	19323
January of every even-numbered year thereafter;	19324

(f) To persons whose last name begins with the letters "N"	19325
through "R," on or before October 1, 1999, and the first day of	19326
October of every odd-numbered year thereafter;	19327

(g) To persons whose last name begins with the letter "S," on	19328
or before July 1, 1999, and the first day of July of every	19329
odd-numbered year thereafter;	19330

(h) To persons whose last name begins with the letters "T"	19331
through "Z," on or before April 1, 1999, and the first day of	19332
April of every odd-numbered year thereafter.	19333

(3) Failure of any person to receive a notice of renewal from	19334
the board shall not excuse the person from the requirements	19335
contained in this section.	19336

(4) The board's notice shall inform the applicant of the	19337
renewal procedure. The board shall provide the application for	19338
registration renewal in a form determined by the board. ~~The~~	19339

(5) The applicant shall provide in the application the	19340
applicant's full name, principal practice address and residence	19341
address, the number of the applicant's certificate to practice,	19342
and any other information required by the board. ~~The~~	19343

(6)(a) Except as provided in division (B)(6)(b) of this	19344
section, in the case of an applicant who prescribes or personally	19345
furnishes opioid analgesics or benzodiazepines, the applicant	19346
shall certify to the board whether the applicant has been granted	19347
access to the drug database established and maintained by the	19348
state board of pharmacy pursuant to section 4729.75 of the Revised	19349
Code.	19350

(b) The requirement in division (B)(6)(a) of this section	19351
does not apply if either of the following is the case:	19352

(i) The state board of pharmacy notifies the state medical	19353
board pursuant to section 4729.861 of the Revised Code that the	19354
applicant has been restricted from obtaining further information	19355
from the drug database.	19356

(ii) The state board of pharmacy no longer maintains the drug	19357
database.	19358

(c) If an applicant certifies to the state medical board that	19359
the applicant has been granted access to the drug database and the	19360
board finds through an audit or other means that the applicant has	19361
not been granted access, the board may take action under section	19362
4731.22 of the Revised Code.	19363

(7) The applicant shall include with the application a list	19364
of the names and addresses of any clinical nurse specialists,	19365
certified nurse-midwives, or certified nurse practitioners with	19366
whom the applicant is currently collaborating, as defined in	19367
section 4723.01 of the Revised Code. ~~The applicant shall execute~~	19368
~~and deliver the application to the board in a manner prescribed by~~	19369
~~the board.~~ Every person registered under this section shall give	19370
written notice to the state medical board of any change of	19371
principal practice address or residence address or in the list	19372
within thirty days of the change.	19373

(8) The applicant shall report any criminal offense to which	19374
the applicant has pleaded guilty, of which the applicant has been	19375
found guilty, or for which the applicant has been found eligible	19376
for intervention in lieu of conviction, since last filing an	19377
application for a certificate of registration.	19378

(9) The applicant shall execute and deliver the application	19379
to the board in a manner prescribed by the board.	19380

(C) The board shall issue to any person holding a certificate	19381
under this chapter to practice medicine and surgery, osteopathic	19382
medicine and surgery, or podiatric medicine and surgery, upon	19383
application and qualification therefor in accordance with this	19384
section, a certificate of registration under the seal of the	19385
board. A certificate of registration shall be valid for a two-year	19386
period.	19387

(D) Failure of any certificate holder to register and comply	19388
with this section shall operate automatically to suspend the	19389
holder's certificate to practice. Continued practice after the	19390
suspension of the certificate to practice shall be considered as	19391
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	19392
the Revised Code. If the certificate has been suspended pursuant	19393
to this division for two years or less, it may be reinstated. The	19394
board shall reinstate a certificate to practice suspended for	19395
failure to register upon an applicant's submission of a renewal	19396
application, the biennial registration fee, and the applicable	19397
monetary penalty. The penalty for reinstatement shall be fifty	19398
dollars. If the certificate has been suspended pursuant to this	19399
division for more than two years, it may be restored. Subject to	19400
section 4731.222 of the Revised Code, the board may restore a	19401
certificate to practice suspended for failure to register upon an	19402
applicant's submission of a restoration application, the biennial	19403
registration fee, and the applicable monetary penalty and	19404
compliance with sections 4776.01 to 4776.04 of the Revised Code.	19405
The board shall not restore to an applicant a certificate to	19406
practice unless the board, in its discretion, decides that the	19407
results of the criminal records check do not make the applicant	19408
ineligible for a certificate issued pursuant to section 4731.14,	19409
4731.56, or 4731.57 of the Revised Code. The penalty for	19410
restoration shall be one hundred dollars. The board shall deposit	19411
the penalties in accordance with section 4731.24 of the Revised	19412
Code.	19413

(E) If an individual certifies completion of the number of	19414
hours and type of continuing medical education required to receive	19415
a certificate of registration or reinstatement of a certificate to	19416
practice, and the board finds through the random samples it	19417
conducts under this section or through any other means that the	19418
individual did not complete the requisite continuing medical	19419
education, the board may impose a civil penalty of not more than	19420
five thousand dollars. The board's finding shall be made pursuant	19421
to an adjudication under Chapter 119. of the Revised Code and by	19422
an affirmative vote of not fewer than six members.	19423

A civil penalty imposed under this division may be in	19424
addition to or in lieu of any other action the board may take	19425
under section 4731.22 of the Revised Code. The board shall deposit	19426
civil penalties in accordance with section 4731.24 of the Revised	19427
Code.	19428

(F) The state medical board may obtain information not	19429
protected by statutory or common law privilege from courts and	19430
other sources concerning malpractice claims against any person	19431
holding a certificate to practice under this chapter or practicing	19432
as provided in section 4731.36 of the Revised Code.	19433

(G) Each mailing sent by the board under division (B)(2) of	19434
this section to a person registered to practice medicine and	19435
surgery or osteopathic medicine and surgery shall inform the	19436
applicant of the reporting requirement established by division (H)	19437
of section 3701.79 of the Revised Code. At the discretion of the	19438
board, the information may be included on the application for	19439
registration or on an accompanying page.	19440

Sec. 4731.77. When a physician orders a test for the	19441
presence of Lyme disease in a patient, the physician or	19442
physician's delegate shall provide to the patient or patient's	19443
representative a written notice with the following information:	19444

"Your health care provider has ordered a test for the	19445
presence of Lyme disease. Current testing for Lyme disease can be	19446
problematic and may lead to false results. If you are tested for	19447
Lyme disease and the results are positive, this does not	19448
necessarily mean that you have contracted Lyme disease. In the	19449
alternative, if the results are negative, this does not	19450
necessarily mean that you have not contracted Lyme disease. If you	19451
continue to experience symptoms or have other health concerns, you	19452
should contact your health care provider and inquire about the	19453
appropriateness of additional testing or treatment."	19454

The physician or physician's delegate shall obtain a	19455
signature from the patient or patient's representative indicating	19456
receipt of the notice. The document containing the signature shall	19457
be kept in the patient's record.	19458

Sec. 4737.045. (A) To register as a scrap metal dealer or a	19459
bulk merchandise container dealer with the director of public	19460
safety as required by division (B) of section 4737.04 of the	19461
Revised Code, a person shall do all of the following:	19462

(1) Provide the name and street address of the dealer's place	19463
of business;	19464

(2) Provide the name of the primary owner of the business,	19465
and of the manager of the business, if the manager is not the	19466
primary owner;	19467

(3) Provide the electronic mail address of the business;

19468

(4) Provide confirmation that the dealer has the capabilities	19469
to electronically connect with the department of public safety for	19470
the purpose of sending and receiving information;	19471

(5) Provide any other information required by the director in	19472
rules the director adopts pursuant to sections 4737.01 to 4737.045	19473
of the Revised Code;	19474

(6) Pay an initial registration fee of two hundred dollars.

19475

(B) A person engaging in the business of a scrap metal dealer	19476
or a bulk merchandise container dealer in this state on or before	19477
~~the effective date of this section~~September 28, 2012, shall	19478
register with the director not later than January 1, 2013. With	19479
respect to a person who commences engaging in the business of a	19480
scrap metal dealer or a bulk merchandise container dealer after	19481
~~the effective date of this section~~September 28, 2012, the person	19482
shall register with the director pursuant to this section prior to	19483
commencing business as a scrap metal dealer or a bulk merchandise	19484
container dealer.	19485

(C) A registration issued to a scrap metal dealer or a bulk	19486
merchandise container dealer pursuant to this section is valid for	19487
a period of one year. A dealer shall renew the registration in	19488
accordance with the rules adopted by the director and pay a	19489
renewal fee of one hundred fifty dollars to cover the costs of	19490
operating and maintaining the registry created pursuant to	19491
division (E) of this section.	19492

(D) A scrap metal dealer or a bulk merchandise container	19493
dealer registered under this section shall prominently display a	19494
copy of the annual registration certificate received from the	19495
director pursuant to division (E)(2) of this section.	19496

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

19497

(1) Develop and implement, by January 1, 2014, and maintain	19498
as a registry a secure database for use by law enforcement	19499
agencies that is capable of all of the following:	19500

(a) Receiving and securely storing all of the information	19501
required by division (A) of this section and the daily transaction	19502
data that scrap metal dealers and bulk merchandise dealers are	19503
required to send pursuant to division (E)(1) of section 4737.04 of	19504
the Revised Code;	19505

(b) Providing secure search capabilities to law enforcement	19506
agencies for enforcement purposes;	19507

(c) Creating a link and retransmission capability for receipt	19508
of routine scrap theft alerts published by the institute of scrap	19509
recycling industries for transmission to dealers and law	19510
enforcement agencies in the state;	19511

(d) Making the electronic lists prepared pursuant to division	19512
(F)(2) of section 4737.04 of the Revised Code available through an	19513
electronic searchable format for individual law enforcement	19514
agencies and for dealers in the state;	19515

(e) Providing, without charge, interlink programming enabling	19516
the transfer of information to dealers.	19517

(2) Issue, reissue, or deny registration to dealers;

19518

(3) Adopt rules to enforce sections 4737.01 to 4737.045 of	19519
the Revised Code, rules establishing procedures to renew a	19520
registration issued under this section, rules for the format and	19521
maintenance for the records required under division (A) of section	19522
4737.012 of the Revised Code or division (C) of section 4737.04 of	19523
the Revised Code, and rules regarding the delivery of the report	19524
required by division (E)(1) of section 4737.04 of the Revised Code	19525
to the registry, which shall be used exclusively by law	19526
enforcement agencies.	19527

(F) A scrap metal dealer or bulk merchandise container dealer	19528
may search, modify, or update only the dealer's own business data	19529
contained within the registry established in division (E) of this	19530
section.	19531

(G) All fees received by the director pursuant to this	19532
section and division (F) of section 4737.99 of the Revised Code	19533
shall be used to develop and maintain the registry required under	19534
this section. The fees shall be deposited into the ~~security,~~	19535
~~investigations, and policing~~infrastructure protection fund which	19536
is hereby created in ~~section 4501.11 of the Revised Code~~the state	19537
treasury.	19538

Sec. 4741.49. (A) A person holding a license, limited	19539
license, or temporary permit to practice veterinary medicine who	19540
orders a test for the presence of Lyme disease in an animal under	19541
the person's care may report to the department of health any test	19542
result indicating the presence of the disease.	19543

(B) The director of health may adopt rules regarding the	19544
submission of reports described in this section. If rules are	19545
adopted, the rules shall be adopted in accordance with Chapter	19546
119. of the Revised Code.	19547

Sec. 4758.01. As used in this chapter:

19548

(A) "Accredited educational institution" means an educational	19549
institution accredited by an accrediting agency accepted by the	19550
Ohio board of regents.	19551

(B)(1) "Alcohol and other drug clinical counseling	19552
principles, methods, or procedures" means an approach to chemical	19553
dependency counseling that emphasizes the chemical dependency	19554
counselor's role in systematically assisting clients through all	19555
of the following:	19556

(a) Analyzing background and current information;

19557

(b) Exploring possible solutions;

19558

19559

(d) In the case of an independent chemical dependency	19560
counselor-clinical supervisor, independent chemical dependency	19561
counselor, or chemical dependency counselor III only, diagnosing	19562
chemical dependency conditions.	19563

(2) "Alcohol and other drug clinical counseling principles,	19564
methods, or procedures" includes counseling, assessing,	19565
consulting, and referral as they relate to chemical dependency	19566
conditions.	19567

(C) "Alcohol and other drug prevention services" means a	19568
planned process of strategies and activities designed to preclude	19569
the onset of the use of alcohol and other drugs, reduce	19570
problematic use of alcohol and other drugs, or both.	19571

(D) "Chemical dependency conditions" means those conditions	19572
relating to the abuse of or dependency on alcohol or other drugs	19573
that are classified in accepted nosologies, including the	19574
diagnostic and statistical manual of mental disorders and the	19575
international classification of diseases, and in editions of those	19576
nosologies published after December 23, 2002.	19577

(E) "Chemical dependency counseling" means rendering or	19578
offering to render to individuals, groups, or the public a	19579
counseling service involving the application of alcohol and other	19580
drug clinical counseling principles, methods, or procedures to	19581
assist individuals who are abusing or dependent on alcohol or	19582
other drugs.	19583

(F) "Gambling disorder" means a persistent and recurring	19584
maladaptive gambling behavior that is classified in accepted	19585
nosologies, including the diagnostic and statistical manual of	19586
mental disorders and the international classification of diseases,	19587
and in editions of those nosologies published after the effective	19588
date of this section.	19589

(G) Unless the context provides otherwise, "scope of	19590
practice" means the services, methods, and techniques in which and	19591
the areas for which a person who holds a license or, certificate,	19592
or endorsement under this chapter is trained and qualified.	19593

~~(G)~~(H) "Substance abuse professional" has the same meaning as	19594
in 49 C.F.R. 40.3.	19595

~~(H)~~(I) "U.S. department of transportation drug and alcohol	19596
testing program" means a transportation workplace drug and alcohol	19597
testing program governed by 49 C.F.R. part 40.	19598

Sec. 4758.02. (A) Except as provided in section 4758.03 of	19599
the Revised Code, no person shall do any of the following:	19600

(1) Engage in or represent to the public that the person	19601
engages in chemical dependency counseling for a fee, salary, or	19602
other consideration unless the person holds a valid independent	19603
chemical dependency counselor-clinical supervisor license,	19604
independent chemical dependency counselor license, chemical	19605
dependency counselor III license, chemical dependency counselor II	19606
license, or chemical dependency counselor assistant certificate	19607
issued under this chapter;	19608

(2) Use the title "licensed independent chemical dependency	19609
counselor-clinical supervisor," "LICDC-CS," "licensed independent	19610
chemical dependency counselor," "LICDC," "licensed chemical	19611
dependency counselor III," "LCDC III," "licensed chemical	19612
dependency counselor II," "LCDC II," "chemical dependency	19613
counselor assistant," "CDCA," or any other title or description	19614
incorporating the word "chemical dependency counselor" or any	19615
other initials used to identify persons acting in those capacities	19616
unless currently authorized under this chapter to act in the	19617
capacity indicated by the title or initials;	19618

(3) Represent to the public that the person holds a gambling	19619
disorder endorsement unless the person holds a valid gambling	19620
disorder endorsement issued under this chapter;	19621

(4) Represent to the public that the person is a registered	19622
applicant unless the person holds a valid registered applicant	19623
certificate issued under this chapter;	19624

~~(4)~~(5) Use the title "certified prevention specialist II,"	19625
"CPS II," "certified prevention specialist I," "CPS I," "certified	19626
prevention specialist assistant," "CPSA," "registered applicant,"	19627
"RA," or any other title, description, or initials used to	19628
identify persons acting in those capacities unless currently	19629
authorized under this chapter to act in the capacity indicated by	19630
the title or initials.	19631

(B) No person shall engage in or represent to the public that	19632
the person engages in chemical dependency counseling as a chemical	19633
dependency counselor I.	19634

Sec. 4758.06. No individual who holds or has held a license	19635
or, certificate, or endorsement issued under this chapter shall	19636
disclose any information regarding the identity, diagnosis, or	19637
treatment of any of the individual's clients or consumers except	19638
for the purposes and under the circumstances expressly authorized	19639
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that	19640
federal law, other federal law enacted after ~~the effective date of~~	19641
~~this section~~December 23, 2002, to replace 42 U.S.C.A. 290dd-2, or	19642
regulations promulgated under the replacement federal law. The	19643
prohibition of this section applies whether or not the information	19644
is recorded.	19645

Sec. 4758.16. The chemical dependency professionals board	19646
shall not discriminate against any licensee, certificate holder,	19647
endorsement holder, or applicant for a license or, certificate, or	19648
endorsement under this chapter because of the individual's race,	19649
color, religion, gender, national origin, disability as defined in	19650
section 4112.01 of the Revised Code, or age. The board shall	19651
afford a hearing to any individual who files with the board a	19652
statement alleging discrimination based on any of those reasons.	19653

Sec. 4758.20. (A) The chemical dependency professionals board	19654
shall adopt rules to establish, specify, or provide for all of the	19655
following:	19656

(1) Fees for the purposes authorized by section 4758.21 of	19657
the Revised Code;	19658

(2) If the board, pursuant to section 4758.221 of the Revised	19659
Code, elects to administer examinations for individuals seeking to	19660
act as substance abuse professionals in a U.S. department of	19661
transportation drug and alcohol testing program, the board's	19662
administration of the examinations;	19663

(3) For the purpose of section 4758.23 of the Revised Code,	19664
codes of ethical practice and professional conduct for individuals	19665
who hold a license or, certificate, or endorsement issued under	19666
this chapter;	19667

(4) For the purpose of section 4758.24 of the Revised Code,	19668
all of the following:	19669

(a) Good moral character requirements for an individual who	19670
seeks or holds a license or, certificate, or endorsement issued	19671
under this chapter;	19672

(b) The documents that an individual seeking such a license	19673
or, certificate, or endorsement must submit to the board;	19674

(c) Requirements to obtain the license or, certificate, or	19675
endorsement that are in addition to the requirements established	19676
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,	19677
4758.44, 4758.45, 4758.46, ~~and~~ 4758.47, and 4758.48 of the Revised	19678
Code. The additional requirements may include preceptorships.	19679

(d) The period of time that an individual whose registered	19680
applicant certificate has expired must wait before applying for a	19681
new registered applicant certificate.	19682

(5) For the purpose of section 4758.28 of the Revised Code,	19683
requirements for approval of continuing education courses of study	19684
for individuals who hold a license or, certificate, or endorsement	19685
issued under this chapter;	19686

(6) For the purpose of section 4758.30 of the Revised Code,	19687
the intervention for and treatment of an individual holding a	19688
license or, certificate, or endorsement issued under this chapter	19689
whose abilities to practice are impaired due to abuse of or	19690
dependency on alcohol or other drugs or other physical or mental	19691
condition;	19692

(7) Requirements governing reinstatement of a suspended or	19693
revoked license or, certificate, or endorsement under division (B)	19694
of section 4758.30 of the Revised Code, including requirements for	19695
determining the amount of time an individual must wait to apply	19696
for reinstatement;	19697

(8) For the purpose of section 4758.31 of the Revised Code,	19698
methods of ensuring that all records the board holds pertaining to	19699
an investigation remain confidential during the investigation;	19700

(9) Criteria for employees of the board to follow when	19701
performing their duties under division (B) of section 4758.35 of	19702
the Revised Code;	19703

(10) For the purpose of division (A)(1) of section 4758.39	19704
and division (A)(1) of section 4758.40 of the Revised Code, course	19705
requirements for a degree in a behavioral science or nursing that	19706
shall, at a minimum, include at least forty semester hours in all	19707
of the following courses:	19708

(a) Theories of counseling and psychotherapy;

19709

(b) Counseling procedures;

19710

19711

(d) Relationship therapy;

19712

(e) Research methods and statistics;

19713

(f) Fundamentals of assessment and diagnosis, including	19714
measurement and appraisal;	19715

(g) Psychopathology;

19716

(h) Human development;

19717

(i) Cultural competence in counseling;

19718

(j) Ethics.

19719

(11) For the purpose of division (A)(3) of section 4758.39,	19720
division (A)(3) of section 4758.40, division (A)(3) of section	19721
4758.41, and division (A)(3) of section 4758.42 of the Revised	19722
Code, training requirements for chemical dependency that shall, at	19723
a minimum, include qualifications for the individuals who provide	19724
the training and instruction in all of the following courses:	19725

(a) Theories of addiction;

19726

(b) Counseling procedures and strategies with addicted	19727
populations;	19728

(c) Group process and techniques working with addicted	19729
populations;	19730

(d) Assessment and diagnosis of addiction;

19731

(e) Relationship counseling with addicted populations;

19732

(f) Pharmacology;

19733

(g) Prevention strategies;

19734

(h) Treatment planning;

19735

(i) Legal and ethical issues.

19736

(12) For the purpose of division (B)(2)(b) of section 4758.40	19737
and division (B)(2) of section 4758.41 of the Revised Code,	19738
requirements for the forty clock hours of training on the version	19739
of the diagnostic and statistical manual of mental disorders that	19740
is current at the time of the training, including the number of	19741
the clock hours that must be on substance-related disorders, the	19742
number of the clock hours that must be on chemical dependency	19743
conditions, and the number of the clock hours that must be on	19744
awareness of other mental and emotional disorders;	19745

(13) For the purpose of division (A)(1) of section 4758.41 of	19746
the Revised Code, course requirements for a degree in a behavioral	19747
science or nursing;	19748

(14) For the purpose of division (A) of section 4758.43 of	19749
the Revised Code, training requirements for chemical dependency	19750
counseling that shall, at a minimum, include qualifications for	19751
the individuals who provide the training and instruction in one or	19752
more of the courses listed in division (A)(10) of this section as	19753
selected by the individual seeking the chemical dependency	19754
counselor assistant certificate;	19755

(15) For the purpose of division (A)(2) of section 4758.44 of	19756
the Revised Code, the field of study in which an individual must	19757
obtain at least a bachelor's degree;	19758

(16) For the purpose of division (A)(3) of section 4758.44,	19759
division (A)(3) of section 4758.45, and division (D) of section	19760
4758.46 of the Revised Code, requirements for prevention-related	19761
education;	19762

(17) For the purpose of division (A)(4) of section 4758.44 of	19763
the Revised Code, the number of hours of administrative or	19764
supervisory education that an individual must have;	19765

(18) For the purpose of division (A)(2) of section 4758.45 of	19766
the Revised Code, the field of study in which an individual must	19767
obtain at least an associate's degree;	19768

(19) Standards for the one hundred hours of compensated work	19769
or supervised internship in gambling disorder direct clinical	19770
experience required by division (B)(2) of section 4758.48 of the	19771
Revised Code;	19772

(20) For the purpose of section 4758.51 of the Revised Code,	19773
continuing education requirements for individuals who hold a	19774
license or, certificate, or endorsement issued under this chapter;	19775

~~(20)~~(21) For the purpose of section 4758.51 of the Revised	19776
Code, the number of hours of continuing education that an	19777
individual must complete to have an expired license or,	19778
certificate, or endorsement restored under section 4758.26 of the	19779
Revised Code;	19780

~~(21)~~(22) For the purpose of divisions (A) and (B) of section	19781
4758.52 of the Revised Code, training requirements for chemical	19782
dependency counseling;	19783

~~(22)~~(23) The duties, which may differ, of all of the	19784
following:	19785

(a) An independent chemical dependency counselor-clinical	19786
supervisor licensed under this chapter who supervises a chemical	19787
dependency counselor III under section 4758.56 of the Revised	19788
Code;	19789

(b) An independent chemical dependency counselor-clinical	19790
supervisor, independent chemical dependency counselor, or chemical	19791
dependency counselor III licensed under this chapter who	19792
supervises a chemical dependency counselor assistant under section	19793
4758.59 of the Revised Code;	19794

(c) A prevention specialist II or prevention specialist I	19795
certified under this chapter or independent chemical dependency	19796
counselor-clinical supervisor, independent chemical dependency	19797
counselor, or chemical dependency counselor III licensed under	19798
this chapter who supervises a prevention specialist assistant or	19799
registered applicant under section 4758.61 of the Revised Code.	19800

~~(23)~~(24) The duties of an independent chemical dependency	19801
counselor licensed under this chapter who holds the gambling	19802
disorder endorsement who supervises a chemical dependency	19803
counselor III with the gambling disorder endorsement under section	19804
4758.62 of the Revised Code.	19805

(25) Anything else necessary to administer this chapter.

19806

(B) All rules adopted under this section shall be adopted in	19807
accordance with Chapter 119. of the Revised Code and any	19808
applicable federal laws and regulations.	19809

(C) When it adopts rules under this section, the board may	19810
consider standards established by any national association or	19811
other organization representing the interests of those involved in	19812
chemical dependency counseling or alcohol and other drug	19813
prevention services.	19814

Sec. 4758.21. (A) In accordance with rules adopted under	19815
section 4758.20 of the Revised Code and subject to division (B) of	19816
this section, the chemical dependency professionals board shall	19817
establish, and may from time to time adjust, fees to be charged	19818
for the following:	19819

(1) Admitting an individual to an examination administered	19820
pursuant to section 4758.22 of the Revised Code;	19821

(2) Issuing an initial independent chemical dependency	19822
counselor-clinical supervisor license, independent chemical	19823
dependency counselor license, chemical dependency counselor III	19824
license, chemical dependency counselor II license, chemical	19825
dependency counselor assistant certificate, prevention specialist	19826
II certificate, prevention specialist I certificate, prevention	19827
specialist assistant certificate, or registered applicant	19828
certificate;	19829

(3) Issuing an initial gambling disorder endorsement;

19830

(4) Renewing an independent chemical dependency	19831
counselor-clinical supervisor license, independent chemical	19832
dependency counselor license, chemical dependency counselor III	19833
license, chemical dependency counselor II license, chemical	19834
dependency counselor assistant certificate, prevention specialist	19835
II certificate, prevention specialist I certificate, or prevention	19836
specialist assistant certificate;	19837

~~(4)~~(5) Renewing a gambling disorder endorsement;

19838

(6) Approving continuing education courses under section	19839
4758.28 of the Revised Code;	19840

~~(5)~~(7) Doing anything else the board determines necessary to	19841
administer this chapter.	19842

(B) The fees established under division (A) of this section	19843
are nonrefundable. They shall be in amounts sufficient to cover	19844
the necessary expenses of the board in administering this chapter	19845
and rules adopted under it. The fees for a license or,	19846
certificate, or endorsement and the renewal of a license or,	19847
certificate, or endorsement may differ for the various types of	19848
licenses ~~and~~, certificates, or endorsements, but shall not exceed	19849
one hundred seventy-five dollars each, unless the board determines	19850
that amounts in excess of one hundred seventy-five dollars are	19851
needed to cover its necessary expenses in administering this	19852
chapter and rules adopted under it and the amounts in excess of	19853
one hundred seventy-five dollars are approved by the controlling	19854
board.	19855

(C) All vouchers of the board shall be approved by the	19856
chairperson or executive director of the board, or both, as	19857
authorized by the board.	19858

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	19859
the Revised Code, the chemical dependency professionals board	19860
shall establish codes of ethical practice and professional conduct	19861
for the following:	19862

(1) Individuals who hold a valid independent chemical	19863
dependency counselor-clinical supervisor license, independent	19864
chemical dependency counselor license, chemical dependency	19865
counselor III license, chemical dependency counselor II license,	19866
or chemical dependency counselor assistant certificate issued	19867
under this chapter;	19868

(2) Individuals who hold a valid prevention specialist II	19869
certificate, prevention specialist I certificate, prevention	19870
specialist assistant certificate, or registered applicant	19871
certificate issued under this chapter;	19872

(3) Individuals who hold a valid gambling disorder	19873
endorsement.	19874

(B) The codes for individuals identified under division	19875
(A)(1) of this section shall define unprofessional conduct, which	19876
shall include engaging in a dual relationship with a client,	19877
former client, consumer, or former consumer; committing an act of	19878
sexual abuse, misconduct, or exploitation of a client, former	19879
client, consumer, or former consumer; and, except as permitted by	19880
law, violating client or consumer confidentiality.	19881

(C) The codes for individuals identified under division	19882
(A)(1) of this section may be based on any codes of ethical	19883
practice and professional conduct developed by national	19884
associations or other organizations representing the interests of	19885
those involved in chemical dependency counseling. The codes for	19886
individuals identified under division (A)(2) of this section may	19887
be based on any codes of ethical practice and professional conduct	19888
developed by national associations or other organizations	19889
representing the interests of those involved in alcohol and other	19890
drug prevention services. The board may establish standards in the	19891
codes that are more stringent than those established by the	19892
national associations or other organizations.	19893

Sec. 4758.24. (A) The chemical dependency professionals board	19894
shall issue a license or, certificate, or endorsement under this	19895
chapter to an individual who meets all of the following	19896
requirements:	19897

(1) Is of good moral character as determined in accordance	19898
with rules adopted under section 4758.20 of the Revised Code;	19899

(2) Except as provided in section 4758.241 of the Revised	19900
Code, submits a properly completed application and all other	19901
documentation specified in rules adopted under section 4758.20 of	19902
the Revised Code;	19903

(3) Except as provided in section 4758.241 of the Revised	19904
Code, pays the fee established under section 4758.21 of the	19905
Revised Code for the license or, certificate, or endorsement that	19906
the individual seeks;	19907

(4) Meets the requirements to obtain the license or,	19908
certificate, or endorsement that the individual seeks as specified	19909
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44,	19910
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;	19911

(5) Meets any additional requirements specified in rules	19912
adopted under section 4758.20 of the Revised Code to obtain the	19913
license or, certificate, or endorsement that the individual seeks.	19914

(B) The board shall not do either of the following:

19915

(1) Issue a certificate to practice as a chemical dependency	19916
counselor I;	19917

(2) Issue a new registered applicant certificate to an	19918
individual whose previous registered applicant certificate has	19919
been expired for less than the period of time specified in rules	19920
adopted under section 4758.20 of the Revised Code.	19921

Sec. 4758.26. (A) Subject to section 4758.30 of the Revised	19922
Code, a license or, certificate, or endorsement issued under this	19923
chapter expires the following period of time after it is issued:	19924

(1) In the case of an initial chemical dependency counselor	19925
assistant certificate, thirteen months;	19926

(2) In the case of any other license or, certificate, or	19927
endorsement, two years.	19928

(B) Subject to section 4758.30 of the Revised Code and except	19929
as provided in section 4758.27 of the Revised Code, the chemical	19930
dependency professionals board shall renew a license or,	19931
certificate, or endorsement issued under this chapter in	19932
accordance with the standard renewal procedure established under	19933
Chapter 4745. of the Revised Code if the individual seeking the	19934
renewal pays the renewal fee established under section 4758.21 of	19935
the Revised Code and does the following:	19936

(1) In the case of an individual seeking renewal of an	19937
initial chemical dependency counselor assistant certificate,	19938
satisfies the additional training requirement established under	19939
section 4758.52 of the Revised Code;	19940

(2) In the case of any other individual, satisfies the	19941
continuing education requirements established under section	19942
4758.51 of the Revised Code.	19943

(C) Subject to section 4758.30 of the Revised Code and except	19944
as provided in section 4758.27 of the Revised Code, a license or,	19945
certificate, or endorsement issued under this chapter that has	19946
expired may be restored if the individual seeking the restoration,	19947
not later than two years after the license or, certificate, or	19948
endorsement expires, applies for restoration of the license or,	19949
certificate, or endorsement. The board shall issue a restored	19950
license or, certificate, or endorsement to the individual if the	19951
individual pays the renewal fee established under section 4758.21	19952
of the Revised Code and does the following:	19953

(1) In the case of an individual whose initial chemical	19954
dependency counselor assistant certificate expired, satisfies the	19955
additional training requirement established under section 4758.52	19956
of the Revised Code;	19957

(2) In the case of any other individual, satisfies the	19958
continuing education requirements established under section	19959
4758.51 of the Revised Code for restoring the license or,	19960
certificate, or endorsement.	19961

The board shall not require an individual to take an	19962
examination as a condition of having an expired license or,	19963
certificate, or endorsement restored under this section.	19964

Sec. 4758.28. The chemical dependency professionals board	19965
shall approve, in accordance with rules adopted under section	19966
4758.20 of the Revised Code and subject to payment of the fee	19967
established under section 4758.21 of the Revised Code, continuing	19968
education courses of study for individuals who hold a license or,	19969
certificate, or endorsement issued under this chapter.	19970

Sec. 4758.29. On receipt of a notice pursuant to section	19971
3123.43 of the Revised Code, the chemical dependency professionals	19972
board shall comply with sections 3123.41 to 3123.50 of the Revised	19973
Code and any applicable rules adopted under section 3123.63 of the	19974
Revised Code with respect to a license or, certificate, or	19975
endorsement issued pursuant to this chapter.	19976

Sec. 4758.30. (A) The chemical dependency professionals	19977
board, in accordance with Chapter 119. of the Revised Code, may	19978
refuse to issue a license or, certificate, or endorsement applied	19979
for under this chapter; refuse to renew or restore a license or,	19980
certificate, or endorsement issued under this chapter; suspend,	19981
revoke, or otherwise restrict a license or, certificate, or	19982
endorsement issued under this chapter; or reprimand an individual	19983
holding a license or, certificate, or endorsement issued under	19984
this chapter. These actions may be taken by the board regarding	19985
the applicant for a license or, certificate, or endorsement or the	19986
individual holding a license or, certificate, or endorsement for	19987
one or more of the following reasons:	19988

(1) Violation of any provision of this chapter or rules	19989
adopted under it;	19990

(2) Knowingly making a false statement on an application for	19991
a license or, certificate, or endorsement or for renewal,	19992
restoration, or reinstatement of a license or, certificate, or	19993
endorsement;	19994

(3) Acceptance of a commission or rebate for referring an	19995
individual to a person who holds a license or certificate issued	19996
by, or who is registered with, an entity of state government,	19997
including persons practicing chemical dependency counseling,	19998
alcohol and other drug prevention services, gambling disorder	19999
counseling, or fields related to chemical dependency counseling,	20000
gambling disorder counseling, or alcohol and other drug prevention	20001
services;	20002

(4) Conviction in this or any other state of any crime that	20003
is a felony in this state;	20004

(5) Conviction in this or any other state of a misdemeanor	20005
committed in the course of practice as an independent chemical	20006
dependency counselor-clinical supervisor, independent chemical	20007
dependency counselor, chemical dependency counselor III, chemical	20008
dependency counselor II, chemical dependency counselor assistant,	20009
prevention specialist II, gambling disorder endorsee, prevention	20010
specialist I, prevention specialist assistant, or registered	20011
applicant;	20012

(6) Inability to practice as an independent chemical	20013
dependency counselor-clinical supervisor, independent chemical	20014
dependency counselor, chemical dependency counselor III, chemical	20015
dependency counselor II, chemical dependency counselor assistant,	20016
gambling disorder endorsee, prevention specialist II, prevention	20017
specialist I, prevention specialist assistant, or registered	20018
applicant due to abuse of or dependency on alcohol or other drugs	20019
or other physical or mental condition;	20020

(7) Practicing outside the individual's scope of practice;

20021

(8) Practicing without complying with the supervision	20022
requirements specified under section 4758.56, 4758.59, or 4758.61,	20023
or 4758.62 of the Revised Code;	20024

(9) Violation of the code of ethical practice and	20025
professional conduct for chemical dependency counseling or,	20026
alcohol and other drug prevention, or gambling disorder counseling	20027
services adopted by the board pursuant to section 4758.23 of the	20028
Revised Code;	20029

(10) Revocation of a license or, certificate, or endorsement	20030
or voluntary surrender of a license or, certificate, or	20031
endorsement in another state or jurisdiction for an offense that	20032
would be a violation of this chapter.	20033

(B) An individual whose license or, certificate, or	20034
endorsement has been suspended or revoked under this section may	20035
apply to the board for reinstatement after an amount of time the	20036
board shall determine in accordance with rules adopted under	20037
section 4758.20 of the Revised Code. The board may accept or	20038
refuse an application for reinstatement. The board may require an	20039
examination for reinstatement of a license or, certificate, or	20040
endorsement that has been suspended or revoked.	20041

Sec. 4758.31. The chemical dependency professionals board	20042
shall investigate alleged violations of this chapter or the rules	20043
adopted under it and alleged irregularities in the delivery of	20044
chemical dependency counseling services, gambling disorder	20045
counseling services, or alcohol and other drug prevention services	20046
by individuals who hold a license or, certificate, or endorsement	20047
issued under this chapter. As part of an investigation, the board	20048
may issue subpoenas, examine witnesses, and administer oaths.	20049

The board may receive any information necessary to conduct an	20050
investigation under this section that has been obtained in	20051
accordance with federal laws and regulations. If the board is	20052
investigating the provision of chemical dependency counseling	20053
services or gambling disorder counseling services to a couple or	20054
group, it is not necessary for both members of the couple or all	20055
members of the group to consent to the release of information	20056
relevant to the investigation.	20057

The board shall ensure, in accordance with rules adopted	20058
under section 4758.20 of the Revised Code, that all records it	20059
holds pertaining to an investigation remain confidential during	20060
the investigation. After the investigation, the records are public	20061
records except as otherwise provided by federal or state law.	20062

Sec. 4758.35. (A) An individual seeking a license or,	20063
certificate, or endorsement issued under this chapter shall file	20064
with the chemical dependency professionals board a written	20065
application on a form prescribed by the board. Each form shall	20066
state that a false statement made on the form is the crime of	20067
falsification under section 2921.13 of the Revised Code.	20068

(B) The board shall require an individual or individuals	20069
employed by the board under section 4758.15 of the Revised Code to	20070
do both of the following in accordance with criteria established	20071
by rules adopted under section 4758.20 of the Revised Code:	20072

(1) Receive and review all applications submitted to the	20073
board;	20074

(2) Submit to the board all applications the individual or	20075
individuals recommend the board review based on the criteria	20076
established in the rules.	20077

(C) The board shall review all applications submitted to the	20078
board pursuant to division (B)(2) of this section.	20079

Sec. 4758.36. As part of the review process under division	20080
(C) of section 4758.35 of the Revised Code of an application	20081
submitted by an applicant who has obtained the applicant's	20082
education, experience in chemical dependency counseling, gambling	20083
disorder, or alcohol and other drug prevention services, or	20084
education and experience outside the United States, the chemical	20085
dependency professionals board shall determine whether the	20086
applicant's command of the English language and education or	20087
experience meet the standards required by this chapter and rules	20088
adopted under it.	20089

Sec. 4758.48. An individual is not eligible for a gambling	20090
disorder endorsement unless the individual meets the requirements	20091
of divisions (A) and (B) of this section.	20092

(A) The individual is an independent chemical dependency	20093
counselor, chemical dependency counselor III, or chemical	20094
dependency counselor II licensed under this chapter.	20095

(B) Except as otherwise provided in this division, the	20096
individual has completed both of the following:	20097

(1) A minimum of thirty hours of gambling disorder training	20098
that meets the requirements prescribed in rules adopted under	20099
section 4758.20 of the Revised Code; and	20100

(2) A minimum of one hundred hours of compensated work or	20101
supervised internship in gambling disorder direct clinical	20102
experience.	20103

An individual may be issued an initial gambling disorder	20104
endorsement without having complied with division (B)(2) of this	20105
section, but the individual shall comply with division (B)(2) of	20106
this section before expiration of the initial endorsement. An	20107
individual who fails to comply with this paragraph is not entitled	20108
to renewal of the initial endorsement.	20109

Sec. 4758.50. An individual who holds a license or,	20110
certificate, or endorsement issued under this chapter shall post	20111
the license or, certificate, or endorsement in a prominent place	20112
at the individual's place of employment.	20113

Sec. 4758.51. (A) Except as provided in division (C) of this	20114
section and in accordance with rules adopted under section 4758.20	20115
of the Revised Code, each individual who holds a license or,	20116
certificate, or endorsement issued under this chapter, other than	20117
an initial chemical dependency counselor assistant certificate,	20118
shall complete during the period that the license or, certificate,	20119
or endorsement is in effect not less than the following number of	20120
clock hours of continuing education as a condition of receiving a	20121
renewed license or, certificate, or endorsement:	20122

(1) In the case of an individual holding a prevention	20123
specialist assistant certificate, twenty;	20124

(2) In the case of an individual holding a gambling disorder	20125
endorsement, six;	20126

(3) In the case of any other individual, forty.

20127

(B) Except as provided in division (C) of this section, an	20128
individual whose license or, certificate, or endorsement issued	20129
under this chapter, other than an initial chemical dependency	20130
counselor assistant certificate, has expired shall complete the	20131
number of hours of continuing education specified in rules adopted	20132
under section 4758.20 of the Revised Code as a condition of	20133
receiving a restored license or, certificate, or endorsement.	20134

(C) The chemical dependency professionals board may waive the	20135
continuing education requirements established under this section	20136
for individuals who are unable to fulfill them because of military	20137
service, illness, residence outside the United States, or any	20138
other reason the board considers acceptable.	20139

Sec. 4758.55. In addition to practicing chemical dependency	20140
counseling, an individual holding a valid independent chemical	20141
dependency counselor license may do all of the following:	20142

(A) Diagnose and treat chemical dependency conditions;

20143

(B) Perform treatment planning, assessment, crisis	20144
intervention, individual and group counseling, case management,	20145
and education services as they relate to abuse of and dependency	20146
on alcohol and other drugs;	20147

(C) Provide clinical supervision of chemical dependency	20148
counseling under the supervision of any of the following:	20149

(1) An independent chemical dependency counselor-clinical	20150
supervisor licensed under this chapter;	20151

(2) An individual authorized under Chapter 4731. of the	20152
Revised Code to practice medicine and surgery or osteopathic	20153
medicine and surgery;	20154

(3) A psychologist licensed under Chapter 4732. of the	20155
Revised Code;	20156

(4) A registered nurse licensed under Chapter 4723. of the	20157
Revised Code or licensed professional clinical counselor,	20158
independent social worker, or independent marriage and family	20159
therapist licensed under Chapter 4757. of the Revised Code if such	20160
supervision is consistent with the scope of practice of the	20161
registered nurse, licensed professional clinical counselor,	20162
independent social worker, or independent marriage and family	20163
therapist;	20164

(5) An individual authorized to practice as a certified nurse	20165
practitioner or clinical nurse specialist under Chapter 4723. of	20166
the Revised Code.	20167

(D) Refer individuals with nonchemical dependency conditions	20168
to appropriate sources of help.	20169

Sec. 4758.561. Any of the following professionals may	20170
supervise a chemical dependency counselor III for purposes of	20171
divisions (A)(1) and (4) of section 4758.56 of the Revised Code:	20172

(A) An independent chemical dependency counselor-clinical	20173
supervisor licensed under this chapter;	20174

(B) An individual authorized under Chapter 4731. of the	20175
Revised Code to practice medicine and surgery or osteopathic	20176
medicine and surgery;	20177

(C) A psychologist licensed under Chapter 4732. of the	20178
Revised Code;	20179

(D) A registered nurse licensed under Chapter 4723. of the	20180
Revised Code or licensed professional clinical counselor,	20181
independent social worker, or independent marriage and family	20182
therapist licensed under Chapter 4757. of the Revised Code if such	20183
supervision is consistent with the scope of practice of the	20184
registered nurse, licensed professional clinical counselor,	20185
independent social worker, or independent marriage and family	20186
therapist;	20187

(E) An individual authorized to practice as a certified nurse	20188
practitioner or clinical nurse specialist under Chapter 4723. of	20189
the Revised Code.	20190

Sec. 4758.59. (A) Subject to division (B) of this section, an	20191
individual holding a valid chemical dependency counselor assistant	20192
certificate may do both of the following in addition to practicing	20193
chemical dependency counseling:	20194

(1) Perform treatment planning, assessment, crisis	20195
intervention, individual and group counseling, case management,	20196
and education services as they relate to abuse of or dependency on	20197
alcohol and other drugs;	20198

(2) Refer individuals with nonchemical dependency conditions	20199
to appropriate sources of help.	20200

(B) An individual holding a valid chemical dependency	20201
counselor assistant certificate may practice chemical dependency	20202
counseling and perform the tasks specified in division (A) of this	20203
section only while under the supervision of any of the following:	20204

(1) An independent chemical dependency counselor-clinical	20205
supervisor, independent chemical dependency counselor, or chemical	20206
dependency counselor III licensed under this chapter;	20207

(2) An individual authorized under Chapter 4731. of the	20208
Revised Code to practice medicine and surgery or osteopathic	20209
medicine and surgery;	20210

(3) A psychologist licensed under Chapter 4732. of the	20211
Revised Code;	20212

(4) A registered nurse licensed under Chapter 4723. of the	20213
Revised Code or licensed professional clinical counselor,	20214
independent social worker, or independent marriage and family	20215
therapist licensed under Chapter 4757. of the Revised Code if such	20216
supervision is consistent with the scope of practice of the	20217
registered nurse, licensed professional clinical counselor,	20218
independent social worker, or independent marriage and family	20219
therapist;	20220

(5) An individual authorized to practice as a certified nurse	20221
practitioner or clinical nurse specialist under Chapter 4723. of	20222
the Revised Code.	20223

(C) A chemical dependency counselor assistant may not	20224
practice as an individual practitioner.	20225

Sec. 4758.60. An individual who holds a valid prevention	20226
specialist II certificate or prevention specialist I certificate	20227
issued under this chapter may engage in the practice of ~~alcohol~~	20228
~~and other drug~~ prevention services as specified in rules adopted	20229
under section 4758.20 of the Revised Code.	20230

Sec. 4758.61. An individual who holds a valid prevention	20231
specialist assistant certificate or registered applicant	20232
certificate issued under this chapter may engage in the practice	20233
of alcohol and other drug prevention services under the	20234
supervision of any of the following:	20235

(A) A prevention specialist II or prevention specialist I	20236
certified under this chapter;	20237

(B) An independent chemical dependency counselor-clinical	20238
supervisor, an independent chemical dependency counselor, or a	20239
chemical dependency counselor III licensed under this chapter;	20240

(C) An individual authorized under Chapter 4731. of the	20241
Revised Code to practice medicine and surgery or osteopathic	20242
medicine and surgery;	20243

(D) A psychologist licensed under Chapter 4732. of the	20244
Revised Code;	20245

(E) A registered nurse licensed under Chapter 4723. of the	20246
Revised Code;	20247

(F) A licensed professional clinical counselor, a licensed	20248
professional counselor, an independent social worker, a social	20249
worker, an independent marriage and family therapist, or a	20250
marriage and family therapist licensed under Chapter 4757. of the	20251
Revised Code;	20252

(G) A school counselor licensed by the department of	20253
education pursuant to section 3319.22 of the Revised Code;	20254

(H) A health education specialist certified by the national	20255
commission for health education credentialing;	20256

(I) An individual authorized to practice as a certified nurse	20257
practitioner or clinical nurse specialist under Chapter 4723. of	20258
the Revised Code.	20259

Sec. 4758.62. An individual who holds an independent	20260
chemical dependency counselor license and a gambling disorder	20261
endorsement may do all of the following:	20262

(A) Diagnose and treat gambling disorder conditions;

20263

(B) Perform treatment planning, assessment, crisis	20264
intervention, individual and group counseling, case management,	20265
and educational services insofar as those functions relate to	20266
gambling disorders;	20267

20268

(D) Refer individuals with other gambling conditions to	20269
appropriate sources of help.	20270

Sec. 4758.63. An individual who holds a chemical dependency	20271
counselor III license and a gambling disorder endorsement may do	20272
all of the following:	20273

(A) Treat gambling disorder conditions;

20274

(B) Diagnose gambling disorder conditions under supervision;

20275

(C) Perform treatment planning, assessment, crisis	20276
intervention, individual and group counseling, case management,	20277
and educational services insofar as those functions relate to	20278
gambling disorders;	20279

(D) Supervise gambling disorder counseling under supervision;	20280
and	20281

(E) Refer individuals with other gambling conditions to	20282
appropriate sources of help.	20283

The supervision required by divisions (B) and (D) of this	20284
section shall be provided by an independent chemical dependency	20285
counselor licensed under this chapter; an individual authorized to	20286
practice medicine and surgery or osteopathic medicine and surgery	20287
under Chapter 4731. of the Revised Code; a psychologist licensed	20288
under Chapter 4732. of the Revised Code; an individual authorized	20289
to practice as a certified nurse practitioner or clinical nurse	20290
specialist under Chapter 4723. of the Revised Code; a registered	20291
nurse licensed under Chapter 4723. of the Revised Code; or a	20292
professional clinical counselor, independent social worker, or	20293
independent marriage and family therapist licensed under Chapter	20294
4757. of the Revised Code.	20295

An individual holding a chemical dependency counselor III	20296
license shall not practice as an individual practitioner.	20297

Sec. 4758.64. An individual who holds a chemical dependency	20298
counselor II license and a gambling disorder endorsement may do	20299
all of the following:	20300

(A) Treat gambling disorder conditions;

20301

(B) Perform treatment planning, assessment, crisis	20302
intervention, individual and group counseling, case management,	20303
and educational services insofar as those functions relate to	20304
gambling disorders; and	20305

(C) Refer individuals with other gambling conditions to	20306
appropriate sources of help.	20307

An individual holding a chemical dependency II license shall	20308
not practice as an individual practitioner.	20309

Sec. 4758.71. Nothing in this chapter or the rules adopted	20310
under it authorizes an individual who holds a license or,	20311
certificate, or endorsement issued under this chapter to admit a	20312
patient to a hospital or requires a hospital to allow any such	20313
individual to admit a patient.	20314

Sec. 4781.04. (A) The manufactured homes commission shall	20315
adopt rules pursuant to Chapter 119. of the Revised Code to do all	20316
of the following:	20317

(1) Establish uniform standards that govern the installation	20318
of manufactured housing. Not later than one hundred eighty days	20319
after the secretary of the United States department of housing and	20320
urban development adopts model standards for the installation of	20321
manufactured housing or amends those standards, the commission	20322
shall amend its standards as necessary to be consistent with, and	20323
not less stringent than, the model standards for the design and	20324
installation of manufactured housing the secretary adopts or any	20325
manufacturers' standards that the secretary determines are equal	20326
to or not less stringent than the model standards.	20327

(2) Govern the inspection of the installation of manufactured	20328
housing. The rules shall specify that the commission, any building	20329
department or personnel of any department, or any private third	20330
party, certified pursuant to section 4781.07 of the Revised Code	20331
shall conduct all inspections of the installation of manufactured	20332
housing located in manufactured home parks to determine compliance	20333
with the uniform installation standards the commission establishes	20334
pursuant to this section.	20335

(3) Govern the design, construction, installation, approval,	20336
and inspection of foundations and the base support systems for	20337
manufactured housing. The rules shall specify that the commission,	20338
any building department or personnel of any department, or any	20339
private third party, certified pursuant to section 4781.07 of the	20340
Revised Code shall conduct all inspections of the installation,	20341
foundations, and base support systems of manufactured housing	20342
located in manufactured home parks to determine compliance with	20343
the uniform installation standards and foundation and base support	20344
system design the commission establishes pursuant to this section.	20345

(4) Govern the training, experience, and education	20346
requirements for manufactured housing installers, manufactured	20347
housing dealers, manufactured housing brokers, and manufactured	20348
housing salespersons;	20349

(5) Establish a code of ethics for manufactured housing	20350
installers;	20351

(6) Govern the issuance, revocation, and suspension of	20352
licenses to manufactured housing installers;	20353

(7) Establish fees for the issuance and renewal of licenses,	20354
for conducting inspections to determine an applicant's compliance	20355
with this chapter and the rules adopted pursuant to it, and for	20356
the commission's expenses incurred in implementing this chapter;	20357

(8) Establish conditions under which a licensee may enter	20358
into contracts to fulfill the licensee's responsibilities;	20359

(9) Govern the investigation of complaints concerning any	20360
violation of this chapter or the rules adopted pursuant to it or	20361
complaints involving the conduct of any licensed manufactured	20362
housing installer or person installing manufactured housing	20363
without a license, licensed manufactured housing dealer, licensed	20364
manufactured housing broker, or manufactured housing salesperson;	20365

(10) Establish a dispute resolution program for the timely	20366
resolution of warranty issues involving new manufactured homes,	20367
disputes regarding responsibility for the correction or repair of	20368
defects in manufactured housing, and the installation of	20369
manufactured housing. The rules shall provide for the timely	20370
resolution of disputes between manufacturers, manufactured housing	20371
dealers, and installers regarding the correction or repair of	20372
defects in manufactured housing that are reported by the purchaser	20373
of the home during the one-year period beginning on the date of	20374
installation of the home. The rules also shall provide that	20375
decisions made regarding the dispute under the program are not	20376
binding upon the purchaser of the home or the other parties	20377
involved in the dispute unless the purchaser so agrees in a	20378
written acknowledgement that the purchaser signs and delivers to	20379
the program within ten business days after the decision is issued.	20380

(11) Establish the requirements and procedures for the	20381
certification of building departments and building department	20382
personnel pursuant to section 4781.07 of the Revised Code;	20383

(12) Establish fees to be charged to building departments and	20384
building department personnel applying for certification and	20385
renewal of certification pursuant to section 4781.07 of the	20386
Revised Code;	20387

(13) Develop a policy regarding the maintenance of records	20388
for any inspection authorized or conducted pursuant to this	20389
chapter. Any record maintained under division (A)(13) of this	20390
section shall be a public record under section 149.43 of the	20391
Revised Code.	20392

(14) Carry out any other provision of this chapter.

20393

(B) The manufactured homes commission shall do all of the	20394
following:	20395

(1) Prepare and administer a licensure examination to	20396
determine an applicant's knowledge of manufactured housing	20397
installation and other aspects of installation the commission	20398
determines appropriate;	20399

(2) Select, provide, or procure appropriate examination	20400
questions and answers for the licensure examination and establish	20401
the criteria for successful completion of the examination;	20402

(3) Prepare and distribute any application form this chapter	20403
requires;	20404

(4) Receive applications for licenses and renewal of licenses	20405
and issue licenses to qualified applicants;	20406

(5) Establish procedures for processing, approving, and	20407
disapproving applications for licensure;	20408

(6) Retain records of applications for licensure, including	20409
all application materials submitted and a written record of the	20410
action taken on each application;	20411

(7) Review the design and plans for manufactured housing	20412
installations, foundations, and support systems;	20413

(8) Inspect a sample of homes at a percentage the commission	20414
determines to evaluate the construction and installation of	20415
manufactured housing installations, foundations, and support	20416
systems to determine compliance with the standards the commission	20417
adopts;	20418

(9) Investigate complaints concerning violations of this	20419
chapter or the rules adopted pursuant to it, or the conduct of any	20420
manufactured housing installer, manufactured housing dealer,	20421
manufactured housing broker, or manufactured housing salesperson;	20422

(10) Determine appropriate disciplinary actions for	20423
violations of this chapter;	20424

(11) Conduct audits and inquiries of manufactured housing	20425
installers, manufactured housing dealers, and manufactured housing	20426
brokers as appropriate for the enforcement of this chapter. The	20427
commission, or any person the commission employs for the purpose,	20428
may review and audit the business records of any manufactured	20429
housing installer, dealer, or broker during normal business hours.	20430

(12) Approve an installation training course, which may be	20431
offered by the Ohio manufactured homes association or other	20432
entity;	20433

(13) Perform any function or duty necessary to administer	20434
this chapter and the rules adopted pursuant to it.	20435

(C) Nothing in this section, or in any rule adopted by the	20436
manufactured homes commission, shall be construed to limit the	20437
authority of a board of health to enforce section 3701.344 or	20438
Chapters 3703., 3718., and 3781. of the Revised Code or limit the	20439
authority of the department of administrative services to lease	20440
space for the use of a state agency and to group together state	20441
offices in any city in the state as provided in section 123.01 of	20442
the Revised Code.	20443

Sec. 4905.911. (A)(1) Except as provided in division (A)(2)	20444
of this section:	20445

(a) The public utilities commission shall require an operator	20446
of either of the following types of pipelines that was completely	20447
constructed on or after ~~the effective date of this section~~	20448
September 10, 2012, and that transports gas produced by a	20449
horizontal well to comply with the applicable pipe design	20450
requirements of 49 C.F.R. 192 subpart C:	20451

~~(a)~~(i) A gas gathering pipeline;

20452

~~(b)~~(ii) A processing plant gas stub pipeline.

20453

~~(2)~~(b) The commission shall also require the operator to do	20454
all of the following regarding that pipeline:	20455

~~(a)~~(i) Design, install, construct, initially inspect, and	20456
initially test the pipeline in accordance with the requirements of	20457
49 C.F.R. 192 if the pipeline is new, replaced, relocated, or	20458
otherwise changed;	20459

~~(b)~~(ii) Control corrosion according to requirements of 49	20460
C.F.R. 192 subpart I if the pipeline is metallic;	20461

~~(c)~~(iii) Establish and carry out a damage prevention program	20462
under 49 C.F.R. 192.614;	20463

~~(d)~~(iv) Establish and carry out a public education program	20464
under 49 C.F.R. 192.616;	20465

~~(e)~~(v) Establish the MAOP of the pipeline under 49 C.F.R.	20466
192.619;	20467

~~(f)~~(vi) Install and maintain pipeline markers according to	20468
the requirements for transmission lines under 49 C.F.R. 192.707;	20469

~~(g)~~(vii) Perform leakage surveys according to requirements in	20470
49 C.F.R. 192.706;	20471

~~(h)~~(viii) Retain a record of each required leakage survey	20472
conducted under division (A)~~(2)(g)~~(1)(b)(vii) of this section and	20473
49 C.F.R. 192.706 for five years or until the next leakage survey	20474
is completed, whichever time period is longer.	20475

(2) The commission may, at its discretion and in accordance	20476
with subsection (d) of 49 U.S.C. 60118, waive compliance with a	20477
pipe design requirement of 49 C.F.R. 192 subpart C.	20478

(B)(1) Any person who plans to construct a pipeline subject	20479
to division (A) of this section after ~~the effective date of this~~	20480
~~section~~September 10, 2012, shall file with the public utilities	20481
commission division of pipeline safety a form approved by the	20482
division that includes all of the following information:	20483

(a) The route of the proposed pipeline;

20484

(b) The MAOP of the pipeline;

20485

20486

(d) The wall thickness of the pipeline;

20487

(e) The material that the pipeline will be made of;

20488

(f) The yield strength of the pipeline.

20489

The form shall be filed with the division not later than	20490
twenty-one days prior to the commencement of construction of the	20491
pipeline.	20492

(2) Not later than sixty days after the completion of	20493
construction of a pipeline subject to division (B)(1) of this	20494
section, the operator of the pipeline shall file with the public	20495
utilities commission division of pipeline safety an explanation of	20496
the constructed pipeline's route and operating information.	20497

20498

(1) "Horizontal well" has the same meaning as in section	20499
1509.01 of the Revised Code.	20500

(2) "Operator" means any person that owns, operates, manages,	20501
controls, or leases a gas gathering pipeline or a processing plant	20502
gas stub pipeline.	20503

Sec. 4906.20. (A) No person shall commence to construct an	20504
economically significant wind farm in this state without first	20505
having obtained a certificate from the power siting board. An	20506
economically significant wind farm with respect to which such a	20507
certificate is required shall be constructed, operated, and	20508
maintained in conformity with that certificate and any terms,	20509
conditions, and modifications it contains. A certificate shall be	20510
issued only pursuant to this section. The certificate may be	20511
transferred, subject to the approval of the board, to a person	20512
that agrees to comply with those terms, conditions, and	20513
modifications.	20514

(B) The board shall adopt rules governing the certificating	20515
of economically significant wind farms under this section. Initial	20516
rules shall be adopted within one hundred twenty days after June	20517
24, 2008.	20518

(1) The rules shall provide for an application process for	20519
certificating economically significant wind farms that is	20520
identical to the extent practicable to the process applicable to	20521
certificating major utility facilities under sections 4906.06,	20522
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	20523
Revised Code and shall prescribe a reasonable schedule of	20524
application filing fees structured in the manner of the schedule	20525
of filing fees required for major utility facilities.	20526

(2) Additionally, the rules shall prescribe reasonable	20527
regulations regarding any wind turbines and associated facilities	20528
of an economically significant wind farm, including, but not	20529
limited to, their location, erection, construction,	20530
reconstruction, change, alteration, maintenance, removal, use, or	20531
enlargement and including erosion control, aesthetics,	20532
recreational land use, wildlife protection, interconnection with	20533
power lines and with regional transmission organizations,	20534
independent transmission system operators, or similar	20535
organizations, ice throw, sound and noise levels, blade shear,	20536
shadow flicker, decommissioning, and necessary cooperation for	20537
site visits and enforcement investigations. ~~The~~	20538

(a) The rules also shall prescribe a minimum setback for a	20539
wind turbine of an economically significant wind farm. That	20540
minimum shall be equal to a horizontal distance, from the	20541
turbine's base to the property line of the wind farm property,	20542
equal to one and one-tenth times the total height of the turbine	20543
structure as measured from its base to the tip of its highest	20544
blade and be at least one thousand one hundred twenty-five feet in	20545
horizontal distance from the tip of the turbine's nearest blade at	20546
ninety degrees to ~~the exterior of~~property line of the nearest,	20547
~~habitable, residential structure, if any, located on~~ adjacent	20548
property at the time of the certification application. ~~For~~	20549

(b)(i) For any existing certificates and amendments thereto,	20550
and existing certification applications that have been found by	20551
the chairperson to be in compliance with division (A) of section	20552
4906.06 of the Revised Code before the effective date of the	20553
amendment of this section by H.B. 59 of the 130th general	20554
assembly, September 29, 2013, the distance shall be seven hundred	20555
fifty feet instead of one thousand one hundred twenty-five feet.	20556
~~The~~	20557

(ii) For certification applications that have been found by	20558
the chairperson to be in compliance with division (A) of section	20559
4906.06 of the Revised Code before the effective date of the	20560
amendment of this section by H.B. 483 of the 130th general	20561
assembly, the measurement shall be to the exterior of the nearest,	20562
habitable, residential structure, if any, located on adjacent	20563
property instead of to the property line of the nearest adjacent	20564
property.	20565

(c) The setback shall apply in all cases except those in	20566
which all owners of property adjacent to the wind farm property	20567
waive application of the setback to that property pursuant to a	20568
procedure the board shall establish by rule and except in which,	20569
in a particular case, the board determines that a setback greater	20570
than the minimum is necessary.	20571

Sec. 4906.201. (A) An electric generating plant that consists	20572
of wind turbines and associated facilities with a single	20573
interconnection to the electrical grid that is designed for, or	20574
capable of, operation at an aggregate capacity of fifty megawatts	20575
or more is subject to the minimum setback requirements established	20576
in rules adopted by the power siting board under division (B)(2)	20577
of section 4906.20 of the Revised Code. ~~For~~	20578

(B)(1) For any existing certificates and amendments thereto,	20579
and existing certification applications that have been found by	20580
the chairperson to be in compliance with division (A) of section	20581
4906.06 of the Revised Code before the effective date of the	20582
amendment of this section by H.B. 59 of the 130th general	20583
assembly, September 29, 2013, the distance shall be seven hundred	20584
fifty feet instead of one thousand one hundred twenty-five feet.	20585

(2) For certification applications that have been found by	20586
the chairperson to be in compliance with division (A) of section	20587
4906.06 of the Revised Code before the effective date of the	20588
amendment of this section by H.B. 483 of the 130th general	20589
assembly, the measurement shall be to the exterior of the nearest,	20590
habitable, residential structure, if any, located on adjacent	20591
property instead of to the property line of the nearest adjacent	20592
property.	20593

Sec. 4923.02. (A) As used in this chapter, "private motor	20594
carrier" does not include a person when engaged in any of the	20595
following in intrastate commerce:	20596

(1) The transportation of persons in taxicabs in the usual	20597
taxicab service;	20598

(2) The transportation of pupils in school busses operating	20599
to or from school sessions or school events;	20600

(3) The transportation of farm supplies to the farm or farm	20601
products from farm to market or to food fabricating plants;	20602

(4) The distribution of newspapers;

20603

(5) The transportation of crude petroleum incidental to	20604
gathering from wells and delivery to destination by pipe line;	20605

(6) The transportation of injured, ill, or deceased persons	20606
by hearse or ambulance;	20607

(7) The transportation of compost (a combination of manure	20608
and sand or shredded bark mulch) or shredded bark mulch;	20609

(8) The transportation of persons in a ridesharing	20610
arrangement when any fee charged each person so transported is in	20611
such amount as to recover only the person's share of the costs of	20612
operating the motor vehicle for such purpose;	20613

(9) The operation of motor vehicles for contractors on public	20614
road work.	20615

(B) The public utilities commission may grant a motor carrier	20616
operating in intrastate commerce a temporary exemption from some	20617
or all of the provisions of this chapter and the rules adopted	20618
under it, when either of the following applies:	20619

(1) The governor of this state has declared an emergency.

20620

(2) The chairperson of the commission or the chairperson's	20621
designee has declared a transportation-specific emergency.	20622

(C) The commission may adopt rules not incompatible with the	20623
requirements of the United States department of transportation to	20624
provide exemptions to motor carriers operating in intrastate	20625
commerce not otherwise identified in divisions (A) and (B) of this	20626
section.	20627

(D) Divisions (A) to (C) of this section shall not be	20628
construed to relieve a person from compliance with ~~either of~~ the	20629
following:	20630

(1) Rules adopted under division (A)(2) of section 4923.04 of	20631
the Revised Code, division (E) of section 4923.06 of the Revised	20632
Code, division (B) of section 4923.07 of the Revised Code, and	20633
section 4923.11 of the Revised Code;	20634

(2) Rules regarding commercial driver's licenses adopted	20635
under division (A)(1) of section 4923.04 of the Revised Code;	20636

(3) Rules adopted under section 4921.15 of the Revised Code	20637
regarding uniform registration and permitting of carriers of	20638
hazardous materials and other applicable provisions of that	20639
section and division (H) of section 4921.19 of the Revised Code.	20640

Sec. 5101.345. (A) There is hereby created in the department	20641
of job and family services the Ohio family stability commission.	20642
The commission shall consist of four members of the general	20643
assembly and twenty-one individuals who are government agency	20644
representatives, private citizens, or elected officials other than	20645
members of the general assembly.	20646

Of the general assembly members, two shall be appointed by	20647
the president of the senate, each from a different political	20648
party, and two shall be appointed by the speaker of the house of	20649
representatives, each from a different political party.	20650

The remaining members shall be appointed by the governor as	20651
follows:	20652

(1) Two with expertise in out-of-wedlock births;

20653

(2) Two with expertise in marital divorce;

20654

(3) One with expertise in education;

20655

(4) One with expertise in employment;

20656

(5) One with expertise in child support;

20657

(6) One with expertise in child custody;

20658

(7) One with expertise in child abuse and neglect;

20659

(8) One with expertise in domestic violence;

20660

(9) Two with expertise in the judicial system;

20661

(10) Two with expertise in criminal justice;

20662

(11) Two with expertise in faith-based initiatives;

20663

(12) Two with expertise in fatherhood programs;

20664

(13) Two with expertise in philanthropic or nonprofit	20665
management;	20666

(14) One with expertise in mass media or communications.

20667

Commission members shall serve at the pleasure of their	20668
appointing authorities. Vacancies shall be filled in the manner	20669
provided for original appointments. Members shall serve without	20670
compensation, except to the extent that serving on the commission	20671
is considered part of their regular duties of employment.	20672

(B) The commission shall be staffed by personnel of the	20673
department of job and family services. This division does not	20674
require the department to employ personnel the department	20675
otherwise would not have employed.	20676

(C)(1) During its first year of operation, the commission	20677
shall conduct research and formulate recommendations for	20678
consideration by the general assembly, appropriate state agencies,	20679
and other appropriate entities concerning societal issues that	20680
impact the stability of families in this state. The	20681
recommendations shall provide the general assembly, appropriate	20682
state agencies, and other appropriate entities with strategies,	20683
both legal and otherwise, for addressing the issues.	20684

At a minimum, the commission's research and recommendations	20685
shall address all of the following:	20686

(a) The divorce rate in this state and strategies for	20687
reducing the divorce rate;	20688

(b) The birth rate among unmarried individuals in this state	20689
and strategies for reducing the number of births occurring outside	20690
of marriage;	20691

(c) The rate of domestic violence, including child abuse, in	20692
this state and strategies for reducing that rate;	20693

(d) Issues concerning child custody and child support.

20694

(2) During its second year of operation, the commission shall	20695
advise the general assembly, appropriate state agencies, and other	20696
appropriate entities on ways to implement the recommendations	20697
formulated under division (C)(1) of this section.	20698

(3) During its third year of operation, the commission shall	20699
continue to provide advice regarding implementation of the	20700
recommendations formulated under division (C)(1) of this section	20701
and begin monitoring implementation.	20702

At the end of its third year of operation, the commission	20703
shall issue a report to the general assembly regarding the status	20704
of the implementation of the recommendations.	20705

(4) During its fourth year of operation, the commission shall	20706
conduct activities to ensure continued implementation of the	20707
recommendations formulated under division (C)(1) of this section	20708
and, if applicable, enforcement of the recommendations.	20709

At the end of its fourth year of operation, the commission	20710
shall issue a report to the general assembly regarding the status	20711
of the implementation of the recommendations.	20712

Sec. 5101.90. (A) As used in this section, "public	20713
assistance" has the same meaning as in section 5101.26 of the	20714
Revised Code.	20715

(B) The department of job and family services shall establish	20716
an evaluation system that rates both of the following in terms of	20717
their success with helping public assistance recipients obtain	20718
employment that enables the recipients to cease relying on public	20719
assistance:	20720

(1) Individual caseworkers employed by county departments of	20721
job and family services;	20722

(2) Each county department of job and family services.

20723

(C) The department shall design the evaluation system	20724
established under this section in a manner that encourages	20725
caseworkers and county departments to increase their success with	20726
helping public assistance recipients obtain employment that	20727
enables the recipients to cease relying on public assistance. The	20728
system shall provide for caseworkers' and county departments'	20729
ratings under the system to be updated at least annually.	20730

Sec. 5103.05. (A) As used in this section and section	20731
5103.051 of the Revised Code:	20732

(1) "Children's residential center" means a facility that is	20733
operated by a private child placing agency, private noncustodial	20734
agency, or public children services agency, that has been	20735
certified by the department of job and family services to operate	20736
a children's residential center, and in which eleven or more	20737
children, including the children of any staff residing at the	20738
facility, are given nonsecure care and supervision twenty-four	20739
hours a day.	20740

(2) "Children's crisis care facility" has the same meaning as	20741
in section 5103.13 of the Revised Code.	20742

(3) "County children's home" means a facility established	20743
under section 5153.21 of the Revised Code.	20744

(4) "District children's home" means a facility established	20745
under section 5153.42 of the Revised Code.	20746

(5) "Group home for children" means any public or private	20747
facility that is operated by a private child placing agency,	20748
private noncustodial agency, or public children services agency,	20749
that has been certified by the department to operate a group home	20750
for children, and that meets all of the following criteria:	20751

(a) Gives, for compensation, a maximum of ten children,	20752
including the children of the operator or any staff who reside in	20753
the facility, nonsecure care and supervision twenty-four hours a	20754
day by a person or persons who are unrelated to the children by	20755
blood or marriage, or who is not the appointed guardian of any of	20756
the children;	20757

(b) Is not certified as a foster home;

20758

(c) Receives or cares for children for two or more	20759
consecutive weeks.	20760

"Group home for children" does not include any facility that	20761
provides care for children from only a single-family group, placed	20762
at the facility by the children's parents or other relative having	20763
custody.	20764

(6) "Residential facility" means a group home for children,	20765
children's crisis care facility, children's residential center,	20766
residential parenting facility that provides twenty-four-hour	20767
child care, county children's home, or district children's home. A	20768
foster home is not a residential facility.	20769

(7) "Residential parenting facility" means a facility	20770
operated by a private child placing agency, private noncustodial	20771
agency, or public children services agency, that has been	20772
certified by the department to operate a residential parenting	20773
facility, in which teenage mothers and their children reside for	20774
the purpose of keeping mother and child together, teaching	20775
parenting and life skills to the mother, and assisting teenage	20776
mothers in obtaining educational or vocational training and	20777
skills.	20778

(8) "Nonsecure care and supervision" means care and	20779
supervision of a child in a residential facility that does not	20780
confine or prevent movement of the child within the facility or	20781
from the facility.	20782

(B) Within ten days after the commencement of operations at a	20783
residential facility, the facility shall provide the following to	20784
all county, municipal, or township law enforcement agencies,	20785
emergency management agencies, and fire departments with	20786
jurisdiction over the facility:	20787

(1) Written notice that the facility is located and will be	20788
operating in the agency's or department's jurisdiction. The	20789
written notice shall provide the address of the facility, identify	20790
the facility as a group home for children, children's crisis care	20791
facility, children's residential center, residential parenting	20792
facility, county children's home, or district children's home, and	20793
provide contact information for the facility.	20794

(2) A copy of the facility's procedures for emergencies and	20795
disasters established pursuant to rules adopted under section	20796
5103.03 of the Revised Code;	20797

(3) A copy of the facility's medical emergency plan	20798
established pursuant to rules adopted under section 5103.03 of the	20799
Revised Code;	20800

(4) A copy of the facility's community engagement plan	20801
established pursuant to rules adopted under section 5103.051 of	20802
the Revised Code.	20803

(C) Within ten days of a facility's recertification by the	20804
department, the facility shall provide to all county, municipal,	20805
or township law enforcement agencies, emergency management	20806
agencies, and fire departments with jurisdiction over the facility	20807
updated copies of the information required to be provided under	20808
divisions (B)(2), (3), and (4) of this section.	20809

(D) The department may adopt rules in accordance with Chapter	20810
119. of the Revised Code necessary to implement this section.	20811

Sec. 5103.051. (A) Each private child placing agency, private	20812
noncustodial agency, public children services agency, or	20813
superintendent of a county or district children's home shall	20814
establish a community engagement plan in accordance with rules	20815
adopted under division (B) of this section for each residential	20816
facility the agency, entity, or superintendent operates.	20817

(B)(1) The department of job and family services shall adopt	20818
rules in accordance with Chapter 119. of the Revised Code that	20819
establish the following:	20820

(a) The contents of a community engagement plan to be	20821
established under division (A) of this section that includes the	20822
following:	20823

(i) Protocols for the community in which a residential	20824
facility is located to communicate concerns or other pertinent	20825
information directly to the agency or entity;	20826

(ii) Protocols for the agency or entity in responding to a	20827
communication made under division (B)(1)(a)(i) of this section.	20828

(b) Orientation procedures for training residential facility	20829
staff on the implementation of the community engagement plan	20830
established under division (A) of this section and procedures for	20831
responding to incidents involving a child at the facility and	20832
neighbors or the police.	20833

(2) The department shall file initial rules adopted under	20834
division (B)(1) of this section within ninety days after the	20835
effective date of this section.	20836

Sec. 5104.03. (A) Any person, firm, organization,	20837
institution, or agency seeking to establish a child day-care	20838
center, type A family day-care home, or licensed type B family	20839
day-care home shall apply for a license to the director of job and	20840
family services on such form as the director prescribes. The	20841
director shall provide at no charge to each applicant for	20842
licensure a copy of the child care license requirements in this	20843
chapter and a copy of the rules adopted pursuant to this chapter.	20844
The copies may be provided in paper or electronic form.	20845

Fees shall be set by the director pursuant to sections	20846
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	20847
paid at the time of application for a license to operate a center,	20848
type A home, or type B home. Fees collected under this section	20849
shall be paid into the state treasury to the credit of the general	20850
revenue fund.	20851

(B)(1) Upon filing of the application for a license, the	20852
director shall investigate and inspect the center, type A home, or	20853
type B home to determine the license capacity for each age	20854
category of children of the center, type A home, or type B home	20855
and to determine whether the center, type A home, or type B home	20856
complies with this chapter and rules adopted pursuant to this	20857
chapter. When, after investigation and inspection, the director is	20858
satisfied that this chapter and rules adopted pursuant to it are	20859
complied with, subject to division (H) of this section, a license	20860
shall be issued as soon as practicable in such form and manner as	20861
prescribed by the director. The license shall be designated as	20862
provisional and shall be valid for twelve months from the date of	20863
issuance unless revoked.	20864

(2) The director may contract with a government entity or a	20865
private nonprofit entity for the entity to inspect ~~and license~~	20866
type B family day-care homes pursuant to this section. If the	20867
director contracts with a government entity or private nonprofit	20868
entity for that purpose, the entity may contract with another	20869
government entity or private nonprofit entity for the other entity	20870
to inspect type B homes pursuant to this section. The ~~department~~	20871
director, government entity, or private nonprofit entity shall	20872
conduct ~~the~~an inspection prior to the issuance of a license for	20873
~~the~~a type B home and, as part of that inspection, ensure that the	20874
type B home is safe and sanitary.	20875

(C)(1) On receipt of an application for licensure as a type B	20876
family day-care home to provide publicly funded child care, the	20877
~~department~~director shall search the uniform statewide automated	20878
child welfare information system for information concerning any	20879
abuse or neglect report made pursuant to section 2151.421 of the	20880
Revised Code of which the applicant, any other adult residing in	20881
the applicant's home, or a person designated by the applicant to	20882
be an emergency or substitute caregiver for the applicant is the	20883
subject.	20884

(2) The ~~department~~director shall consider any information it	20885
~~discovers~~discovered pursuant to division (C)(1) of this section	20886
or that is provided by a public children services agency pursuant	20887
to section 5153.175 of the Revised Code. If the ~~department~~	20888
director determines that the information, when viewed within the	20889
totality of the circumstances, reasonably leads to the conclusion	20890
that the applicant may directly or indirectly endanger the health,	20891
safety, or welfare of children, the ~~department~~director shall deny	20892
the application for licensure or revoke the license of a type B	20893
family day-care home.	20894

(D) The director shall investigate and inspect the center,	20895
type A home, or type B home at least once during operation under a	20896
license designated as provisional. If after the investigation and	20897
inspection the director determines that the requirements of this	20898
chapter and rules adopted pursuant to this chapter are met,	20899
subject to division (H) of this section, the director shall issue	20900
a new license to the center or home.	20901

(E) Each license shall state the name of the licensee, the	20902
name of the administrator, the address of the center, type A home,	20903
or licensed type B home, and the license capacity for each age	20904
category of children. The license shall include thereon, in	20905
accordance with sections 5104.015, 5104.017, and 5104.018 of the	20906
Revised Code, the toll-free telephone number to be used by persons	20907
suspecting that the center, type A home, or licensed type B home	20908
has violated a provision of this chapter or rules adopted pursuant	20909
to this chapter. A license is valid only for the licensee,	20910
administrator, address, and license capacity for each age category	20911
of children designated on the license. The license capacity	20912
specified on the license is the maximum number of children in each	20913
age category that may be cared for in the center, type A home, or	20914
licensed type B home at one time.	20915

The center or type A home licensee shall notify the director	20916
when the administrator of the center or home changes. The director	20917
shall amend the current license to reflect a change in an	20918
administrator, if the administrator meets the requirements of this	20919
chapter and rules adopted pursuant to this chapter, or a change in	20920
license capacity for any age category of children as determined by	20921
the director of job and family services.	20922

(F) If the director revokes the license of a center, a type A	20923
home, or a type B home, the director shall not issue another	20924
license to the owner of the center, type A home, or type B home	20925
until five years have elapsed from the date the license is	20926
revoked.	20927

If the director denies an application for a license, the	20928
director shall not accept another application from the applicant	20929
until five years have elapsed from the date the application is	20930
denied.	20931

(G) If during the application for licensure process the	20932
director determines that the license of the owner has been	20933
revoked, the investigation of the center, type A home, or type B	20934
home shall cease. This action does not constitute denial of the	20935
application and may not be appealed under division (H) of this	20936
section.	20937

(H) All actions of the director with respect to licensing	20938
centers, type A homes, or type B homes, refusal to license, and	20939
revocation of a license shall be in accordance with Chapter 119.	20940
of the Revised Code. Any applicant who is denied a license or any	20941
owner whose license is revoked may appeal in accordance with	20942
section 119.12 of the Revised Code.	20943

(I) In no case shall the director issue a license under this	20944
section for a center, type A home, or type B home if the director,	20945
based on documentation provided by the appropriate county	20946
department of job and family services, determines that the	20947
applicant had been certified as a type B family day-care home when	20948
such certifications were issued by county departments prior to	20949
January 1, 2014, that the county department revoked that	20950
certification within the immediately preceding five years, that	20951
the revocation was based on the applicant's refusal or inability	20952
to comply with the criteria for certification, and that the	20953
refusal or inability resulted in a risk to the health or safety of	20954
children.	20955

(J)(1) Except as provided in division (J)(2) of this section,	20956
an administrator of a type B family day-care home that receives a	20957
license pursuant to this section to provide publicly funded child	20958
care is an independent contractor and is not an employee of the	20959
department of job and family services.	20960

(2) For purposes of Chapter 4141. of the Revised Code,	20961
determinations concerning the employment of an administrator of a	20962
type B family day-care home that receives a license pursuant to	20963
this section shall be determined under Chapter 4141. of the	20964
Revised Code.	20965

Sec. 5104.34. (A)(1) Each county department of job and	20966
family services shall implement procedures for making	20967
determinations of eligibility for publicly funded child care.	20968
Under those procedures, the eligibility determination for each	20969
applicant shall be made no later than thirty calendar days from	20970
the date the county department receives a completed application	20971
for publicly funded child care. Each applicant shall be notified	20972
promptly of the results of the eligibility determination. An	20973
applicant aggrieved by a decision or delay in making an	20974
eligibility determination may appeal the decision or delay to the	20975
department of job and family services in accordance with section	20976
5101.35 of the Revised Code. The due process rights of applicants	20977
shall be protected.	20978

To the extent permitted by federal law, the county department	20979
may make all determinations of eligibility for publicly funded	20980
child care, may contract with child care providers or child care	20981
resource and referral service organizations for the providers or	20982
resource and referral service organizations to make all or any	20983
part of the determinations, and may contract with child care	20984
providers or child care resource and referral service	20985
organizations for the providers or resource and referral service	20986
organizations to collect specified information for use by the	20987
county department in making determinations. If a county department	20988
contracts with a child care provider or a child care resource and	20989
referral service organization for eligibility determinations or	20990
for the collection of information, the contract shall require the	20991
provider or resource and referral service organization to make	20992
each eligibility determination no later than thirty calendar days	20993
from the date the provider or resource and referral organization	20994
receives a completed application that is the basis of the	20995
determination and to collect and transmit all necessary	20996
information to the county department within a period of time that	20997
enables the county department to make each eligibility	20998
determination no later than thirty days after the filing of the	20999
application that is the basis of the determination.	21000

The county department may station employees of the department	21001
in various locations throughout the county to collect information	21002
relevant to applications for publicly funded child care and to	21003
make eligibility determinations. The county department, child care	21004
provider, and child care resource and referral service	21005
organization shall make each determination of eligibility for	21006
publicly funded child care no later than thirty days after the	21007
filing of the application that is the basis of the determination,	21008
shall make each determination in accordance with any relevant	21009
rules adopted pursuant to section 5104.38 of the Revised Code, and	21010
shall notify promptly each applicant for publicly funded child	21011
care of the results of the determination of the applicant's	21012
eligibility.	21013

The director of job and family services shall adopt rules in	21014
accordance with Chapter 119. of the Revised Code for monitoring	21015
the eligibility determination process. In accordance with those	21016
rules, the state department shall monitor eligibility	21017
determinations made by county departments of job and family	21018
services and shall direct any entity that is not in compliance	21019
with this division or any rule adopted under this division to	21020
implement corrective action specified by the department.	21021

(2)(a) All eligibility determinations for publicly funded	21022
child care shall be made in accordance with rules adopted pursuant	21023
to division (A) of section 5104.38 of the Revised Code ~~and, if a~~	21024
~~county department of job and family services specifies, pursuant~~	21025
~~to rules adopted under division (B) of that section, a maximum~~	21026
~~amount of income a family may have to be eligible for publicly~~	21027
~~funded child care, the income maximum specified by the county~~	21028
~~department~~. ~~Publicly~~Except as otherwise provided in this section,	21029
both of the following apply:	21030

(i) Publicly funded child care may be provided only to	21031
eligible infants, toddlers, preschool-age children, and school-age	21032
children under age thirteen. ~~For~~	21033

(ii) For an applicant to be eligible for publicly funded	21034
child care, the caretaker parent must be employed or participating	21035
in a program of education or training for an amount of time	21036
reasonably related to the time that the parent's children are	21037
receiving publicly funded child care. This restriction does not	21038
apply to families whose children are eligible for protective child	21039
care.	21040

(b) In accordance with rules adopted under division (B) of	21041
section 5104.38 of the Revised Code, an applicant may receive	21042
publicly funded child care while the county department determines	21043
eligibility. An applicant may receive publicly funded child care	21044
while a county department determines eligibility only once during	21045
a twelve-month period. If the county department determines that an	21046
applicant is not eligible for publicly funded child care, the	21047
licensed child care program shall be paid for providing publicly	21048
funded child care for up to five days after that determination if	21049
the county department received a completed application with all	21050
required documentation. A program may appeal a denial of payment	21051
under this division.	21052

(c) If a caretaker parent who has been determined eligible to	21053
receive publicly funded child care no longer meets the	21054
requirements of division (A)(2)(a)(ii) of this section, the	21055
caretaker parent may continue to receive publicly funded child	21056
care for a period of up to thirteen weeks not to extend beyond the	21057
caretaker parent's twelve-month eligibility period. Such	21058
authorization may be given only once during a twelve-month period.	21059

Subject to available funds, ~~a county~~the department of job	21060
and family services shall allow a family to receive publicly	21061
funded child care unless the family's income exceeds the maximum	21062
income eligibility limit. Initial and continued eligibility for	21063
publicly funded child care is subject to available funds unless	21064
the family is receiving child care pursuant to division (A)(1),	21065
(2), (3), or (4) of section 5104.30 of the Revised Code. If the	21066
~~county~~ department must limit eligibility due to lack of available	21067
funds, it shall give first priority for publicly funded child care	21068
to an assistance group whose income is not more than the maximum	21069
income eligibility limit that received transitional child care in	21070
the previous month but is no longer eligible because the	21071
twelve-month period has expired. Such an assistance group shall	21072
continue to receive priority for publicly funded child care until	21073
its income exceeds the maximum income eligibility limit.	21074

(3) An assistance group that ceases to participate in the	21075
Ohio works first program established under Chapter 5107. of the	21076
Revised Code is eligible for transitional child care at any time	21077
during the immediately following twelve-month period that both of	21078
the following apply:	21079

(a) The assistance group requires child care due to	21080
employment;	21081

(b) The assistance group's income is not more than one	21082
hundred fifty per cent of the federal poverty line.	21083

An assistance group ineligible to participate in the Ohio	21084
works first program pursuant to section 5101.83 or section 5107.16	21085
of the Revised Code is not eligible for transitional child care.	21086

(B) To the extent permitted by federal law, ~~a county~~the	21087
department of job and family services may require a caretaker	21088
parent determined to be eligible for publicly funded child care to	21089
pay a fee according to the schedule of fees established in rules	21090
adopted under section 5104.38 of the Revised Code. ~~Each county~~	21091
The department shall make protective child care services available	21092
to children without regard to the income or assets of the	21093
caretaker parent of the child.	21094

(C) A caretaker parent receiving publicly funded child care	21095
shall report to the entity that determined eligibility any changes	21096
in status with respect to employment or participation in a program	21097
of education or training not later than ten calendar days after	21098
the change occurs.	21099

(D) If ~~a county~~the department of job and family services	21100
determines that available resources are not sufficient to provide	21101
publicly funded child care to all eligible families who request	21102
it, the ~~county~~ department may establish a waiting list. ~~A county~~	21103
The department may establish separate waiting lists within the	21104
waiting list based on income. ~~When resources become available to~~	21105
~~provide publicly funded child care to families on the waiting~~	21106
~~list, a county department that establishes a waiting list shall~~	21107
~~assess the needs of the next family scheduled to receive publicly~~	21108
~~funded child care. If the assessment demonstrates that the family~~	21109
~~continues to need and is eligible for publicly funded child care,~~	21110
~~the county department shall offer it to the family. If the county~~	21111
~~department determines that the family is no longer eligible or no~~	21112
~~longer needs publicly funded child care, the county department~~	21113
~~shall remove the family from the waiting list.~~	21114

(E) A caretaker parent shall not receive full-time publicly	21115
funded child care from more than one child care provider per child	21116
during any period.	21117

(F) As used in this section, "maximum income eligibility	21118
limit" means the amount of income specified in rules adopted under	21119
division (A) of section 5104.38 of the Revised Code ~~or, if a~~	21120
~~county department of job and family services specifies a higher~~	21121
~~amount pursuant to rules adopted under division (B) of that~~	21122
~~section, the amount the county department specifies~~.	21123

Sec. 5104.341. (A) ~~Except as provided in division (B) of~~	21124
~~this section, both of the following apply:~~	21125

~~(1)~~ An eligibility determination made under section 5104.34	21126
of the Revised Code for publicly funded child care is valid for	21127
one year;	21128

~~(2)~~.

21129

(B) The county department of job and family services shall	21130
adjust the appropriate level of a fee charged under division (B)	21131
of section 5104.34 of the Revised Code if a caretaker parent	21132
reports changes in income, family size, or both.	21133

~~(B) Division (A) of this section does not apply if the~~	21134
~~recipient of the publicly funded child care ceases to be eligible~~	21135
~~for publicly funded child care.~~	21136

Sec. 5104.38. In addition to any other rules adopted under	21137
this chapter, the director of job and family services shall adopt	21138
rules in accordance with Chapter 119. of the Revised Code	21139
governing financial and administrative requirements for publicly	21140
funded child care and establishing all of the following:	21141

(A) Procedures and criteria to be used in making	21142
determinations of eligibility for publicly funded child care that	21143
give priority to children of families with lower incomes and	21144
procedures and criteria for eligibility for publicly funded	21145
protective child care. The rules shall specify the maximum amount	21146
of income a family may have for initial and continued eligibility.	21147
The maximum amount shall not exceed two hundred per cent of the	21148
federal poverty line. The rules may specify exceptions to the	21149
eligibility requirements in the case of a family that previously	21150
received publicly funded child care and is seeking to have the	21151
child care reinstated after the family's eligibility was	21152
terminated.	21153

(B) Procedures under which ~~a county department of job and~~	21154
~~family services may, if the department, under division (A) of this~~	21155
~~section, specifies a maximum amount of income a family may have~~	21156
~~for eligibility for publicly funded child care that is less than~~	21157
~~the maximum amount specified in that division, specify a maximum~~	21158
~~amount of income a family residing in the county the county~~	21159
~~department serves may have for initial and continued eligibility~~	21160
~~for publicly funded child care that is higher than the amount~~	21161
~~specified by the department but does not exceed the maximum amount~~	21162
~~specified in division (A) of this section~~an applicant for	21163
publicly funded child care may receive publicly funded child care	21164
while the county department of job and family services determines	21165
eligibility and under which a licensed child care program may	21166
appeal a denial of payment under division (A)(2)(b) of section	21167
5104.34 of the Revised Code;	21168

(C) A schedule of fees requiring all eligible caretaker	21169
parents to pay a fee for publicly funded child care according to	21170
income and family size, which shall be uniform for all types of	21171
publicly funded child care, except as authorized by rule, and, to	21172
the extent permitted by federal law, shall permit the use of state	21173
and federal funds to pay the customary deposits and other advance	21174
payments that a provider charges all children who receive child	21175
care from that provider. The schedule of fees may not provide for	21176
a caretaker parent to pay a fee that exceeds ten per cent of the	21177
parent's family income.	21178

(D) A formula for determining the amount of state and federal	21179
funds appropriated for publicly funded child care that may be	21180
allocated to a county department to use for administrative	21181
purposes;	21182

(E) Procedures to be followed by the department and county	21183
departments in recruiting individuals and groups to become	21184
providers of child care;	21185

(F) Procedures to be followed in establishing state or local	21186
programs designed to assist individuals who are eligible for	21187
publicly funded child care in identifying the resources available	21188
to them and to refer the individuals to appropriate sources to	21189
obtain child care;	21190

(G) Procedures to deal with fraud and abuse committed by	21191
either recipients or providers of publicly funded child care;	21192

(H) Procedures for establishing a child care grant or loan	21193
program in accordance with the child care block grant act;	21194

(I) Standards and procedures for applicants to apply for	21195
grants and loans, and for the department to make grants and loans;	21196

(J) A definition of "person who stands in loco parentis" for	21197
the purposes of division (KK)(1) of section 5104.01 of the Revised	21198
Code;	21199

(K) Procedures for a county department of job and family	21200
services to follow in making eligibility determinations and	21201
redeterminations for publicly funded child care available through	21202
telephone, computer, and other means at locations other than the	21203
county department;	21204

(L) If the director establishes a different reimbursement	21205
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	21206
Code, standards and procedures for determining the amount of the	21207
higher payment that is to be issued to a child care provider based	21208
on the special needs of the child being served;	21209

(M) To the extent permitted by federal law, procedures for	21210
paying for up to thirty days of child care for a child whose	21211
caretaker parent is seeking employment, taking part in employment	21212
orientation activities, or taking part in activities in	21213
anticipation of enrolling in or attending an education or training	21214
program or activity, if the employment or the education or	21215
training program or activity is expected to begin within the	21216
thirty-day period;	21217

(N) Any other rules necessary to carry out sections 5104.30	21218
to 5104.43 of the Revised Code.	21219

Sec. 5119.40. (A) As used in this section~~, "mentally~~and	21220
section 5119.401 of the Revised Code:	21221

(1) "Mentally ill individual" and "specialized services" have	21222
the same meanings as in section 5165.03 of the Revised Code.	21223

(2) "Nursing facility" has the same meaning as in section	21224
5165.01 of the Revised Code.	21225

(B)(1) Except as provided in division (B)(2) of this section	21226
~~and~~, in rules adopted under division (E)(3) of this section, and	21227
in section 5119.401 of the Revised Code, for purposes of section	21228
5165.03 of the Revised Code, the department of mental health and	21229
addiction services shall determine in accordance with the "Social	21230
Security Act," section 1919(e)(7), 42 U.S.C. 1396r(e)(7), and	21231
regulations adopted under section 1919(f)(8)(A) of that act, 42	21232
U.S.C. 1396r(f)(8)(A), whether, because of the individual's	21233
physical and mental condition, a mentally ill individual seeking	21234
admission to a nursing facility requires the level of services	21235
provided by a nursing facility and, if the individual requires	21236
that level of services, whether the individual requires	21237
specialized services for mental illness. The determination	21238
required by this division shall be based on an independent	21239
physical and mental evaluation performed by a person or entity	21240
other than the department.	21241

(2) Except as provided in division (B)(3) of this section, a	21242
determination under division (B)(1) of this section is not	21243
required for any of the following:	21244

(a) An individual seeking readmission to a nursing facility	21245
after having been transferred from a nursing facility to a	21246
hospital for care;	21247

(b) An individual who meets all of the following conditions:

21248

(i) The individual is admitted to the nursing facility	21249
directly from a hospital after receiving inpatient care at the	21250
hospital;	21251

(ii) The individual requires nursing facility services for	21252
the condition for which care in the hospital was received;	21253

(iii) The individual's attending physician has certified,	21254
before admission to the nursing facility, that the individual is	21255
likely to require less than thirty days of nursing facility	21256
services.	21257

(c) An individual transferred from one nursing facility to	21258
another nursing facility, with or without an intervening hospital	21259
stay.	21260

(3) AExcept as provided in section 5119.401 of the Revised	21261
Code, a determination under division (B)(1) of this section is	21262
required for an individual described in division (B)(2)(a) or (b)	21263
of this section if the hospital from which the individual is	21264
transferred or directly admitted to a nursing facility is either	21265
of the following:	21266

(a) A hospital that the department maintains, operates,	21267
manages, and governs under section 5119.14 of the Revised Code for	21268
the care and treatment of mentally ill persons;	21269

(b) A free-standing hospital, or unit of a hospital, licensed	21270
by the department under section 5119.33 of the Revised Code.	21271

(C) Except as provided in section 5119.401 of the Revised	21272
Code and rules adopted under division (E)(3) of this section, the	21273
department of mental health and addiction services shall review	21274
and determine for each resident of a nursing facility who is	21275
mentally ill, whether the resident, because of the resident's	21276
physical and mental condition, requires the level of services	21277
provided by a nursing facility and whether the resident requires	21278
specialized services for mental illness. The review and	21279
determination shall be conducted in accordance with section	21280
1919(e)(7) of the "Social Security Act" and the regulations	21281
adopted under section 1919(f)(8)(A) of the act and based on an	21282
independent physical and mental evaluation performed by a person	21283
or entity other than the department. The review and determination	21284
shall be completed promptly after a nursing facility has notified	21285
the department that there has been a significant change in the	21286
resident's mental or physical condition.	21287

(D)(1) In the case of a nursing facility resident who has	21288
continuously resided in a nursing facility for at least thirty	21289
months before the date of a review and determination under	21290
division (C) of this section or a resident review under division	21291
(A)(2) of section 5119.401 of the Revised Code, if the resident is	21292
determined not to require the level of services provided by a	21293
nursing facility, but is determined to require specialized	21294
services for mental illness, the department, in consultation with	21295
the resident's family or legal representative and care givers,	21296
shall do all of the following:	21297

(a) Inform the resident of the institutional and	21298
noninstitutional alternatives covered under the medicaid state	21299
plan ~~for medical assistance~~;	21300

(b) Offer the resident the choice of remaining in the nursing	21301
facility or receiving covered services in an alternative	21302
institutional or noninstitutional setting;	21303

(c) Clarify the effect on eligibility for services under the	21304
medicaid state plan ~~for medical assistance~~ if the resident chooses	21305
to leave the facility, including its effect on readmission to the	21306
facility;	21307

(d) Provide for or arrange for the provision of specialized	21308
services for the resident's mental illness in the setting chosen	21309
by the resident.	21310

(2) In the case of a nursing facility resident who has	21311
continuously resided in a nursing facility for less than thirty	21312
months before the date of the review and determination under	21313
division (C) of this section or a resident review under division	21314
(A)(2) of section 5119.401 of the Revised Code, if the resident is	21315
determined not to require the level of services provided by a	21316
nursing facility, but is determined to require specialized	21317
services for mental illness, or if the resident is determined to	21318
require neither the level of services provided by a nursing	21319
facility nor specialized services for mental illness, the	21320
department shall act in accordance with its alternative	21321
disposition plan approved by the United States department of	21322
health and human services under section 1919(e)(7)(E) of the	21323
"Social Security Act."	21324

(3) In the case of an individual who is determined under	21325
division (B) or (C) of this section or division (A)(2) of section	21326
5119.401 of the Revised Code to require both the level of services	21327
provided by a nursing facility and specialized services for mental	21328
illness, the department of mental health and addiction services	21329
shall provide or arrange for the provision of the specialized	21330
services needed by the individual or resident while residing in a	21331
nursing facility.	21332

(E) The department of mental health and addiction services	21333
shall adopt rules in accordance with Chapter 119. of the Revised	21334
Code that do all of the following:	21335

(1) Establish criteria to be used in making the	21336
determinations required by divisions (B) and (C) of this section.	21337
The criteria shall not exceed the criteria established by	21338
regulations adopted by the United States department of health and	21339
human services under section 1919(f)(8)(A) of the "Social Security	21340
Act."	21341

(2) Specify information to be provided by the individual or	21342
nursing facility resident being assessed;	21343

(3) Specify any circumstances, in addition to circumstances	21344
listed in division (B) of this section and specified in section	21345
5119.401 of the Revised Code, under which determinations under	21346
divisions (B) and (C) of this section are not required to be made.	21347

Sec. 5119.401. (A) A nursing facility with a valid license	21348
issued by the director of mental health and addiction services	21349
under division (B) of this section may do both of the following:	21350

(1) Admit as a resident a mentally ill individual without the	21351
individual undergoing the determination otherwise required by	21352
division (B)(1) of section 5119.40 of the Revised Code if the	21353
individual, pursuant to division (B)(2)(a) or (b) of that section,	21354
would be exempt from having to undergo the determination if not	21355
for division (B)(3) of that section;	21356

(2) Instead of providing for a resident admitted to the	21357
nursing facility under division (A)(1) of this section to undergo	21358
a review and determination under division (C) of section 5119.40	21359
of the Revised Code, provide for the resident to undergo a	21360
resident review that is conducted in accordance with all of the	21361
following:	21362

(a) By a case manager who does not have a direct or indirect	21363
affiliation or relationship with the nursing facility;	21364

(b) Every thirty days;

21365

(c) In accordance with the requirements of the "Social	21366
Security Act," section 1919(e)(7), 42 U.S.C. 1396r(e)(7), and the	21367
regulations adopted under the "Social Security Act," section	21368
1919(f)(8)(A), 42 U.S.C. 1396r(f)(8)(A).	21369

(B) The director shall issue to a nursing facility a license	21370
that authorizes the nursing facility to take the actions specified	21371
in division (A) of this section if all of the following apply:	21372

(1) The nursing facility has a medical director who is a	21373
psychiatrist;	21374

(2) The nursing facility provides specialized services for	21375
mental illness;	21376

(3) The nursing facility does not restrict admissions to	21377
mentally ill individuals;	21378

(4) The nursing facility meets all other requirements	21379
specified in rules adopted under this section.	21380

(C) The director shall adopt rules in accordance with Chapter	21381
119. of the Revised Code as necessary to implement this section.	21382

Sec. 5122.36. If the legal residence of a person suffering	21383
from mental illness is in another county of the state, the	21384
necessary expense of the person's return is a proper charge	21385
against the county of legal residence. If an adjudication and	21386
order of hospitalization by the probate court of the county of	21387
temporary residence are required, the regular probate court fees	21388
and expenses incident to the order of hospitalization under this	21389
chapter and any other expense incurred on the person's behalf	21390
shall be charged to and paid by the county of the person's legal	21391
residence upon the approval and certification of the probate judge	21392
of that county. The ordering court shall send to the probate court	21393
of the person's county of legal residence a certified transcript	21394
of all proceedings had in the ordering court. The receiving court	21395
shall enter and record the transcript. The certified transcript is	21396
prima facie evidence of the residence of the person. When the	21397
residence of the person cannot be established as represented by	21398
the ordering court, the matter of residence shall be referred to	21399
the department of mental health and addiction services for	21400
investigation and determination.	21401

Sec. 5123.01. As used in this chapter:

21402

(A) "Chief medical officer" means the licensed physician	21403
appointed by the managing officer of an institution for the	21404
mentally retarded with the approval of the director of	21405
developmental disabilities to provide medical treatment for	21406
residents of the institution.	21407

(B) "Chief program director" means a person with special	21408
training and experience in the diagnosis and management of the	21409
mentally retarded, certified according to division (C) of this	21410
section in at least one of the designated fields, and appointed by	21411
the managing officer of an institution for the mentally retarded	21412
with the approval of the director to provide habilitation and care	21413
for residents of the institution.	21414

(C) "Comprehensive evaluation" means a study, including a	21415
sequence of observations and examinations, of a person leading to	21416
conclusions and recommendations formulated jointly, with	21417
dissenting opinions if any, by a group of persons with special	21418
training and experience in the diagnosis and management of persons	21419
with mental retardation or a developmental disability, which group	21420
shall include individuals who are professionally qualified in the	21421
fields of medicine, psychology, and social work, together with	21422
such other specialists as the individual case may require.	21423

(D) "Education" means the process of formal training and	21424
instruction to facilitate the intellectual and emotional	21425
development of residents.	21426

(E) "Habilitation" means the process by which the staff of	21427
the institution assists the resident in acquiring and maintaining	21428
those life skills that enable the resident to cope more	21429
effectively with the demands of the resident's own person and of	21430
the resident's environment and in raising the level of the	21431
resident's physical, mental, social, and vocational efficiency.	21432
Habilitation includes but is not limited to programs of formal,	21433
structured education and training.	21434

(F) "Health officer" means any public health physician,	21435
public health nurse, or other person authorized or designated by a	21436
city or general health district.	21437

(G) "Home and community-based services" means medicaid-funded	21438
home and community-based services specified in division (A)(1) of	21439
section 5166.20 of the Revised Code provided under the medicaid	21440
waiver components the department of developmental disabilities	21441
administers pursuant to section 5166.21 of the Revised Code.	21442
Except as provided in section 5123.0412 of the Revised Code, home	21443
and community-based services provided under the medicaid waiver	21444
component known as the transitions developmental disabilities	21445
waiver are to be considered to be home and community-based	21446
services for the purposes of this chapter, and Chapters 5124. and	21447
5126. of the Revised Code, only to the extent, if any, provided by	21448
the contract required by section 5166.21 of the Revised Code	21449
regarding the waiver.	21450

(H) "ICF/IID" has the same meaning as in section 5124.01 of	21451
the Revised Code.	21452

(I) "Indigent person" means a person who is unable, without	21453
substantial financial hardship, to provide for the payment of an	21454
attorney and for other necessary expenses of legal representation,	21455
including expert testimony.	21456

(J) "Institution" means a public or private facility, or a	21457
part of a public or private facility, that is licensed by the	21458
appropriate state department and is equipped to provide	21459
residential habilitation, care, and treatment for the mentally	21460
retarded.	21461

(K) "Licensed physician" means a person who holds a valid	21462
certificate issued under Chapter 4731. of the Revised Code	21463
authorizing the person to practice medicine and surgery or	21464
osteopathic medicine and surgery, or a medical officer of the	21465
government of the United States while in the performance of the	21466
officer's official duties.	21467

(L) "Managing officer" means a person who is appointed by the	21468
director of developmental disabilities to be in executive control	21469
of an institution for the mentally retarded under the jurisdiction	21470
of the department.	21471

(M) "Medicaid case management services" means case management	21472
services provided to an individual with mental retardation or	21473
other developmental disability that the state medicaid plan	21474
requires.	21475

(N) "Mentally retarded person" means a person having	21476
significantly subaverage general intellectual functioning existing	21477
concurrently with deficiencies in adaptive behavior, manifested	21478
during the developmental period.	21479

(O) "Mentally retarded person subject to institutionalization	21480
by court order" means a person eighteen years of age or older who	21481
is at least moderately mentally retarded and in relation to whom,	21482
because of the person's retardation, either of the following	21483
conditions exist:	21484

(1) The person represents a very substantial risk of physical	21485
impairment or injury to self as manifested by evidence that the	21486
person is unable to provide for and is not providing for the	21487
person's most basic physical needs and that provision for those	21488
needs is not available in the community;	21489

(2) The person needs and is susceptible to significant	21490
habilitation in an institution.	21491

(P) "A person who is at least moderately mentally retarded"	21492
means a person who is found, following a comprehensive evaluation,	21493
to be impaired in adaptive behavior to a moderate degree and to be	21494
functioning at the moderate level of intellectual functioning in	21495
accordance with standard measurements as recorded in the most	21496
current revision of the manual of terminology and classification	21497
in mental retardation published by the American association on	21498
mental retardation.	21499

(Q) As used in this division, ~~"substantial functional~~	21500
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	21501
has the ~~meanings~~meaning established pursuant to section 5123.011	21502
of the Revised Code.	21503

"Developmental disability" means a severe, chronic disability	21504
that is characterized by all of the following:	21505

(1) It is attributable to a mental or physical impairment or	21506
a combination of mental and physical impairments, other than a	21507
mental or physical impairment solely caused by mental illness as	21508
defined in division (A) of section 5122.01 of the Revised Code.	21509

(2) It is manifested before age twenty-two.

21510

(3) It is likely to continue indefinitely.

21511

(4) It results in one of the following:

21512

(a) In the case of a person under three years of age, at	21513
least one developmental delay or ~~an established risk~~a diagnosed	21514
physical or mental condition that has a high probability of	21515
resulting in a developmental delay;	21516

(b) In the case of a person at least three years of age but	21517
under six years of age, at least two developmental delays ~~or an~~	21518
~~established risk~~;	21519

(c) In the case of a person six years of age or older, a	21520
substantial functional limitation in at least three of the	21521
following areas of major life activity, as appropriate for the	21522
person's age: self-care, receptive and expressive language,	21523
learning, mobility, self-direction, capacity for independent	21524
living, and, if the person is at least sixteen years of age,	21525
capacity for economic self-sufficiency.	21526

(5) It causes the person to need a combination and sequence	21527
of special, interdisciplinary, or other type of care, treatment,	21528
or provision of services for an extended period of time that is	21529
individually planned and coordinated for the person.	21530

(R) "Developmentally disabled person" means a person with a	21531
developmental disability.	21532

(S) "State institution" means an institution that is	21533
tax-supported and under the jurisdiction of the department.	21534

(T) "Residence" and "legal residence" have the same meaning	21535
as "legal settlement," which is acquired by residing in Ohio for a	21536
period of one year without receiving general assistance prior to	21537
July 17, 1995, under former Chapter 5113. of the Revised Code,	21538
financial assistance under Chapter 5115. of the Revised Code, or	21539
assistance from a private agency that maintains records of	21540
assistance given. A person having a legal settlement in the state	21541
shall be considered as having legal settlement in the assistance	21542
area in which the person resides. No adult person coming into this	21543
state and having a spouse or minor children residing in another	21544
state shall obtain a legal settlement in this state as long as the	21545
spouse or minor children are receiving public assistance, care, or	21546
support at the expense of the other state or its subdivisions. For	21547
the purpose of determining the legal settlement of a person who is	21548
living in a public or private institution or in a home subject to	21549
licensing by the department of job and family services, the	21550
department of mental health and addiction services, or the	21551
department of developmental disabilities, the residence of the	21552
person shall be considered as though the person were residing in	21553
the county in which the person was living prior to the person's	21554
entrance into the institution or home. Settlement once acquired	21555
shall continue until a person has been continuously absent from	21556
Ohio for a period of one year or has acquired a legal residence in	21557
another state. A woman who marries a man with legal settlement in	21558
any county immediately acquires the settlement of her husband. The	21559
legal settlement of a minor is that of the parents, surviving	21560
parent, sole parent, parent who is designated the residential	21561
parent and legal custodian by a court, other adult having	21562
permanent custody awarded by a court, or guardian of the person of	21563
the minor, provided that:	21564

(1) A minor female who marries shall be considered to have	21565
the legal settlement of her husband and, in the case of death of	21566
her husband or divorce, she shall not thereby lose her legal	21567
settlement obtained by the marriage.	21568

(2) A minor male who marries, establishes a home, and who has	21569
resided in this state for one year without receiving general	21570
assistance prior to July 17, 1995, under former Chapter 5113. of	21571
the Revised Code, financial assistance under Chapter 5115. of the	21572
Revised Code, or assistance from a private agency that maintains	21573
records of assistance given shall be considered to have obtained a	21574
legal settlement in this state.	21575

(3) The legal settlement of a child under eighteen years of	21576
age who is in the care or custody of a public or private child	21577
caring agency shall not change if the legal settlement of the	21578
parent changes until after the child has been in the home of the	21579
parent for a period of one year.	21580

No person, adult or minor, may establish a legal settlement	21581
in this state for the purpose of gaining admission to any state	21582
institution.	21583

(U)(1) "Resident" means, subject to division (U)(2) of this	21584
section, a person who is admitted either voluntarily or	21585
involuntarily to an institution or other facility pursuant to	21586
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	21587
Code subsequent to a finding of not guilty by reason of insanity	21588
or incompetence to stand trial or under this chapter who is under	21589
observation or receiving habilitation and care in an institution.	21590

(2) "Resident" does not include a person admitted to an	21591
institution or other facility under section 2945.39, 2945.40,	21592
2945.401, or 2945.402 of the Revised Code to the extent that the	21593
reference in this chapter to resident, or the context in which the	21594
reference occurs, is in conflict with any provision of sections	21595
2945.37 to 2945.402 of the Revised Code.	21596

(V) "Respondent" means the person whose detention,	21597
commitment, or continued commitment is being sought in any	21598
proceeding under this chapter.	21599

(W) "Working day" and "court day" mean Monday, Tuesday,	21600
Wednesday, Thursday, and Friday, except when such day is a legal	21601
holiday.	21602

(X) "Prosecutor" means the prosecuting attorney, village	21603
solicitor, city director of law, or similar chief legal officer	21604
who prosecuted a criminal case in which a person was found not	21605
guilty by reason of insanity, who would have had the authority to	21606
prosecute a criminal case against a person if the person had not	21607
been found incompetent to stand trial, or who prosecuted a case in	21608
which a person was found guilty.	21609

(Y) "Court" means the probate division of the court of common	21610
pleas.	21611

(Z) "Supported living" and "residential services" have the	21612
same meanings as in section 5126.01 of the Revised Code.	21613

Sec. 5123.011. The director of developmental disabilities	21614
shall adopt rules in accordance with Chapter 119. of the Revised	21615
Code ~~that establish definitions of "substantial functional~~	21616
~~limitation,"~~to do both of the following:	21617

(A) Define "developmental delay~~," "established risk,"~~	21618
~~"biological risk," and "environmental risk.~~";	21619

(B) For the purpose of division (Q)(4)(c) of section 5123.01	21620
and division (F)(4)(c) of section 5126.01 of the Revised Code,	21621
specify how to determine whether a person six years of age or	21622
older has a substantial functional limitation in a major life	21623
activity as appropriate for the person's age.	21624

Sec. 5123.012. (A) As used in this section:

21625

~~(1) "Biological risk" and "environmental risk" have the~~	21626
~~meanings established pursuant to section 5123.011 of the Revised~~	21627
~~Code.~~	21628

~~(2) "Preschool~~, "preschool child with a disability" has the	21629
same meaning as in section 3323.01 of the Revised Code.	21630

(B) Except as provided in division (C) of this section, the	21631
department of developmental disabilities shall make eligibility	21632
determinations in accordance with the definition of "developmental	21633
disability" in section 5123.01 of the Revised Code. The department	21634
may adopt rules in accordance with Chapter 119. of the Revised	21635
Code establishing eligibility for programs and services for ~~either~~	21636
~~of the following:~~	21637

~~(1) Individuals under age six who have a biological risk or~~	21638
~~environmental risk of a developmental delay;~~	21639

~~(2) Any~~any preschool child with a disability eligible for	21640
services under section 3323.02 of the Revised Code whose	21641
disability is not attributable solely to mental illness as defined	21642
in section 5122.01 of the Revised Code.	21643

(C)(1) The department shall make determinations of	21644
eligibility for protective services in accordance with sections	21645
5123.55 to 5123.59 of the Revised Code.	21646

(2) Determinations of whether a mentally retarded person is	21647
subject to institutionalization by court order shall be made in	21648
accordance with sections 5123.71 to 5123.76 of the Revised Code	21649
and shall be based on the definition of "mentally retarded person	21650
subject to institutionalization by court order" in section 5123.01	21651
of the Revised Code.	21652

(3) All persons who were eligible for services and enrolled	21653
in programs offered by the department of developmental	21654
disabilities pursuant to this chapter on July 1, 1991, shall	21655
continue to be eligible for those services and to be enrolled in	21656
those programs as long as they are in need of services.	21657

Sec. 5123.0420. As used in this section, "evidence-based	21658
intervention" means a prevention or treatment service that has	21659
been demonstrated through scientific evaluation to produce a	21660
positive outcome.	21661

The department of developmental disabilities shall establish	21662
a voluntary training and certification program for individuals who	21663
provide evidence-based interventions to individuals with an autism	21664
spectrum disorder. The department shall administer the program or	21665
contract with a person or other government entity to administer	21666
the program. The program shall not conflict with or duplicate any	21667
other certification or licensure process administered by the	21668
state.	21669

The director of developmental disabilities may adopt rules as	21670
necessary to implement this section. If the director adopts rules,	21671
the rules shall be adopted in accordance with Chapter 119. of the	21672
Revised Code.	21673

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.1610	21674
of the Revised Code:	21675

(1) "Applicant" means any of the following:

21676

(a) The chief executive officer of a business that applies	21677
under section 5123.161 of the Revised Code for a certificate to	21678
provide supported living;	21679

(b) The chief executive officer of a business that seeks	21680
renewal of the business's supported living certificate under	21681
section 5123.164 of the Revised Code;	21682

(c) An individual who applies under section 5123.161 of the	21683
Revised Code for a certificate to provide supported living as an	21684
independent provider;	21685

(d) An independent provider who seeks renewal of the	21686
independent provider's supported living certificate under section	21687
5123.164 of the Revised Code.	21688

(2)~~(a)~~ "Business" means ~~either of the following:~~

21689

~~(i) An~~an association, corporation, nonprofit organization,	21690
partnership, trust, or other group of persons;	21691

~~(ii) An individual who employs, directly or through contract,~~	21692
~~one or more other individuals to provide supported living.~~	21693

~~(b)~~. "Business" does not mean an independent provider.

21694

(3) "Criminal records check" has the same meaning as in	21695
section 109.572 of the Revised Code.	21696

(4) "Disqualifying offense" means any of the offenses listed	21697
or described in divisions (A)(3)(a) to (e) of section 109.572 of	21698
the Revised Code.	21699

(5) "Independent provider" means a provider who provides	21700
supported living on a self-employed basis and does not employ,	21701
directly or through contract, another ~~individual~~person to provide	21702
the supported living.	21703

(6) "Provider" means a person or government entity certified	21704
by the director of developmental disabilities to provide supported	21705
living. For the purpose of division (A)(8) of this section,	21706
"provider" includes a person or government entity that seeks or	21707
previously held a certificate to provide supported living.	21708

(7) "Minor drug possession offense" has the same meaning as	21709
in section 2925.01 of the Revised Code.	21710

(8) "Related party" means any of the following:

21711

(a) In the case of a provider who is an individual, any of	21712
the following:	21713

(i) The spouse of the provider;

21714

(ii) A parent or stepparent of the provider or provider's	21715
spouse;	21716

(iii) A child of the provider or provider's spouse;

21717

(iv) A sibling, half sibling, or stepsibling of the provider	21718
or provider's spouse;	21719

(v) A grandparent of the provider or provider's spouse;

21720

(vi) A grandchild of the provider or provider's spouse;

21721

~~(vii) An employee or employer of the provider or provider's~~	21722
~~spouse~~.	21723

(b) In the case of a provider that is a person other than an	21724
individual, any of the following:	21725

(i) ~~An employee of the person~~Any person or government entity	21726
that directly or indirectly controls the provider's day-to-day	21727
operations (including as a general manager, business manager,	21728
financial manager, administrator, or director), regardless of	21729
whether the person or government entity exercises the control	21730
pursuant to a contract or other arrangement and regardless of	21731
whether the person or government entity is required to file an	21732
Internal Revenue Code form W-2 for the provider;	21733

(ii) An officer of the provider, including the chief	21734
executive officer, president, vice-president, secretary, and	21735
treasurer;	21736

(iii) A member of the provider's board of directors or	21737
trustees;	21738

(iv) A person owning a financial interest of five per cent or	21739
more in the provider, including a direct, indirect, security, or	21740
mortgage financial interest;	21741

(v) ~~A corporation that has a subsidiary relationship with the~~	21742
~~provider;~~	21743

~~(vi) A person or government entity that has control over the~~	21744
~~provider's day-to-day operation;~~	21745

~~(vii)~~The spouse, parent, stepparent, child, sibling, half	21746
sibling, stepsibling, grandparent, or grandchild of any of the	21747
persons specified in divisions (A)(8)(b)(i) to (iv) of this	21748
section;	21749

(vi) A person over which the provider has control of the	21750
day-to-day operation;	21751

(vii) A corporation that has a subsidiary relationship with	21752
the provider.	21753

(c) In the case of a provider that is a government entity,	21754
any of the following:	21755

(i) ~~An employee of the provider~~Any person or government	21756
entity that directly or indirectly controls the provider's	21757
day-to-day operations (including as a general manager, financial	21758
manager, administrator, or director), regardless of whether the	21759
person or government entity exercises the control pursuant to a	21760
contract or other arrangement;	21761

(ii) An officer of the provider;

21762

(iii) A member of the provider's governing board;

21763

(iv) ~~A government entity that has control over the provider's~~	21764
~~day-to-day operation;~~	21765

~~(v)~~ A person or government entity over which the provider has	21766
control of the day-to-day operation.	21767

(B) No person or government entity may provide supported	21768
living without a valid supported living certificate issued by the	21769
director of developmental disabilities.	21770

(C) A county board of developmental disabilities may provide	21771
supported living only to the extent permitted by rules adopted	21772
under section 5123.1610 of the Revised Code.	21773

Sec. 5123.162. (A) The director of developmental	21774
disabilities may conduct surveys of persons and government	21775
entities that seek a supported living certificate to determine	21776
whether the persons and government entities meet the certification	21777
standards. The director may also conduct surveys of providers to	21778
determine whether the providers continue to meet the certification	21779
standards. The director may assign to a county board of	21780
developmental disabilities the responsibility to conduct either	21781
type of survey. Each survey shall ~~conduct the surveys~~be conducted	21782
in accordance with rules adopted under section 5123.1610 of the	21783
Revised Code.	21784

(B) Following each survey of a provider, the director shall	21785
issue a report listing the date of the survey, any citations	21786
issued as a result of the survey, and the statutes or rules that	21787
purportedly have been violated and are the bases of the citations.	21788
The director shall also do both of the following:	21789

(1) Specify a date by which the provider may appeal any of	21790
the citations;	21791

(2) When appropriate, specify a timetable within which the	21792
provider must submit a plan of correction describing how the	21793
problems specified in the citations will be corrected and the date	21794
by which the provider anticipates the problems will be corrected.	21795

(C) If the director initiates a proceeding to revoke a	21796
provider's certification, the director shall include the report	21797
required by division (B) of this section with the notice of the	21798
proposed revocation the director sends to the provider. In this	21799
circumstance, the provider may not submit a plan of correction.	21800

(D) After a plan of correction is submitted, the director	21801
shall approve or disapprove the plan. If the plan of correction is	21802
approved, a copy of the approved plan shall be provided, not later	21803
than five business days after it is approved, to any person or	21804
government entity that requests it and made available on the	21805
internet web site maintained by the department of developmental	21806
disabilities. If the plan of correction is not approved and the	21807
director initiates a proceeding to revoke the provider's	21808
certification, a copy of the survey report shall be provided to	21809
any person or government entity that requests it and shall be made	21810
available on the internet web site maintained by the department.	21811

~~The~~(E) In addition to survey reports described in this	21812
section, all other records ofassociated with surveys conducted	21813
under this section are public records for the purpose of section	21814
149.43 of the Revised Code and shall be made available on the	21815
request of any person or government entity.	21816

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	21817
the Revised Code:	21818

(1) "Independent living arrangement" means an arrangement in	21819
which a mentally retarded or developmentally disabled person	21820
resides in an individualized setting chosen by the person or the	21821
person's guardian, which is not dedicated principally to the	21822
provision of residential services for mentally retarded or	21823
developmentally disabled persons, and for which no financial	21824
support is received for rendering such service from any	21825
governmental agency by a provider of residential services.	21826

(2) "Licensee" means the person or government agency that has	21827
applied for a license to operate a residential facility and to	21828
which the license was issued under this section.	21829

(3) "Political subdivision" means a municipal corporation,	21830
county, or township.	21831

(4) "Related party" has the same meaning as in section	21832
5123.16 of the Revised Code except that "provider" as used in the	21833
definition of "related party" means a person or government entity	21834
that held or applied for a license to operate a residential	21835
facility, rather than a person or government entity certified to	21836
provide supported living.	21837

(5)(a) Except as provided in division (A)(5)(b) of this	21838
section, "residential facility" means a home or facility,	21839
including an ICF/IID, in which an individual with mental	21840
retardation or a developmental disability resides.	21841

(b) "Residential facility" does not mean any of the	21842
following:	21843

(i) The home of a relative or legal guardian in which an	21844
individual with mental retardation or a developmental disability	21845
resides;	21846

(ii) A respite care home certified under section 5126.05 of	21847
the Revised Code;	21848

(iii) A county home or district home operated pursuant to	21849
Chapter 5155. of the Revised Code;	21850

(iv) A dwelling in which the only residents with mental	21851
retardation or developmental disabilities are in independent	21852
living arrangements or are being provided supported living.	21853

(B) Every person or government agency desiring to operate a	21854
residential facility shall apply for licensure of the facility to	21855
the director of developmental disabilities unless the residential	21856
facility is subject to section 3721.02, 5103.03, 5119.33, or	21857
division (A)(9)(b) of section 5119.34 of the Revised Code.	21858

(C) Subject to section 5123.196 of the Revised Code, the	21859
director of developmental disabilities shall license the operation	21860
of residential facilities. An initial license shall be issued for	21861
a period that does not exceed one year, unless the director denies	21862
the license under division (D) of this section. A license shall be	21863
renewed for a period that does not exceed three years, unless the	21864
director refuses to renew the license under division (D) of this	21865
section. The director, when issuing or renewing a license, shall	21866
specify the period for which the license is being issued or	21867
renewed. A license remains valid for the length of the licensing	21868
period specified by the director, unless the license is	21869
terminated, revoked, or voluntarily surrendered.	21870

(D) If it is determined that an applicant or licensee is not	21871
in compliance with a provision of this chapter that applies to	21872
residential facilities or the rules adopted under such a	21873
provision, the director may deny issuance of a license, refuse to	21874
renew a license, terminate a license, revoke a license, issue an	21875
order for the suspension of admissions to a facility, issue an	21876
order for the placement of a monitor at a facility, issue an order	21877
for the immediate removal of residents, or take any other action	21878
the director considers necessary consistent with the director's	21879
authority under this chapter regarding residential facilities. In	21880
the director's selection and administration of the sanction to be	21881
imposed, all of the following apply:	21882

(1) The director may deny, refuse to renew, or revoke a	21883
license, if the director determines that the applicant or licensee	21884
has demonstrated a pattern of serious noncompliance or that a	21885
violation creates a substantial risk to the health and safety of	21886
residents of a residential facility.	21887

(2) The director may terminate a license if more than twelve	21888
consecutive months have elapsed since the residential facility was	21889
last occupied by a resident or a notice required by division (K)	21890
of this section is not given.	21891

(3) The director may issue an order for the suspension of	21892
admissions to a facility for any violation that may result in	21893
sanctions under division (D)(1) of this section and for any other	21894
violation specified in rules adopted under division (H)(2) of this	21895
section. If the suspension of admissions is imposed for a	21896
violation that may result in sanctions under division (D)(1) of	21897
this section, the director may impose the suspension before	21898
providing an opportunity for an adjudication under Chapter 119. of	21899
the Revised Code. The director shall lift an order for the	21900
suspension of admissions when the director determines that the	21901
violation that formed the basis for the order has been corrected.	21902

(4) The director may order the placement of a monitor at a	21903
residential facility for any violation specified in rules adopted	21904
under division (H)(2) of this section. The director shall lift the	21905
order when the director determines that the violation that formed	21906
the basis for the order has been corrected.	21907

(5) If the director determines that two or more residential	21908
facilities owned or operated by the same person or government	21909
entity are not being operated in compliance with a provision of	21910
this chapter that applies to residential facilities or the rules	21911
adopted under such a provision, and the director's findings are	21912
based on the same or a substantially similar action, practice,	21913
circumstance, or incident that creates a substantial risk to the	21914
health and safety of the residents, the director shall conduct a	21915
survey as soon as practicable at each residential facility owned	21916
or operated by that person or government entity. The director may	21917
take any action authorized by this section with respect to any	21918
facility found to be operating in violation of a provision of this	21919
chapter that applies to residential facilities or the rules	21920
adopted under such a provision.	21921

(6) When the director initiates license revocation	21922
proceedings, no opportunity for submitting a plan of correction	21923
shall be given. The director shall notify the licensee by letter	21924
of the initiation of the proceedings. The letter shall list the	21925
deficiencies of the residential facility and inform the licensee	21926
that no plan of correction will be accepted. The director shall	21927
also send a copy of the letter to the county board of	21928
developmental disabilities. The county board shall send a copy of	21929
the letter to each of the following:	21930

(a) Each resident who receives services from the licensee;

21931

(b) The guardian of each resident who receives services from	21932
the licensee if the resident has a guardian;	21933

(c) The parent or guardian of each resident who receives	21934
services from the licensee if the resident is a minor.	21935

(7) Pursuant to rules which shall be adopted in accordance	21936
with Chapter 119. of the Revised Code, the director may order the	21937
immediate removal of residents from a residential facility	21938
whenever conditions at the facility present an immediate danger of	21939
physical or psychological harm to the residents.	21940

(8) In determining whether a residential facility is being	21941
operated in compliance with a provision of this chapter that	21942
applies to residential facilities or the rules adopted under such	21943
a provision, or whether conditions at a residential facility	21944
present an immediate danger of physical or psychological harm to	21945
the residents, the director may rely on information obtained by a	21946
county board of developmental disabilities or other governmental	21947
agencies.	21948

(9) In proceedings initiated to deny, refuse to renew, or	21949
revoke licenses, the director may deny, refuse to renew, or revoke	21950
a license regardless of whether some or all of the deficiencies	21951
that prompted the proceedings have been corrected at the time of	21952
the hearing.	21953

(E) The director shall establish a program under which public	21954
notification may be made when the director has initiated license	21955
revocation proceedings or has issued an order for the suspension	21956
of admissions, placement of a monitor, or removal of residents.	21957
The director shall adopt rules in accordance with Chapter 119. of	21958
the Revised Code to implement this division. The rules shall	21959
establish the procedures by which the public notification will be	21960
made and specify the circumstances for which the notification must	21961
be made. The rules shall require that public notification be made	21962
if the director has taken action against the facility in the	21963
eighteen-month period immediately preceding the director's latest	21964
action against the facility and the latest action is being taken	21965
for the same or a substantially similar violation of a provision	21966
of this chapter that applies to residential facilities or the	21967
rules adopted under such a provision. The rules shall specify a	21968
method for removing or amending the public notification if the	21969
director's action is found to have been unjustified or the	21970
violation at the residential facility has been corrected.	21971

(F)(1) Except as provided in division (F)(2) of this section,	21972
appeals from proceedings initiated to impose a sanction under	21973
division (D) of this section shall be conducted in accordance with	21974
Chapter 119. of the Revised Code.	21975

(2) Appeals from proceedings initiated to order the	21976
suspension of admissions to a facility shall be conducted in	21977
accordance with Chapter 119. of the Revised Code, unless the order	21978
was issued before providing an opportunity for an adjudication, in	21979
which case all of the following apply:	21980

(a) The licensee may request a hearing not later than ten	21981
days after receiving the notice specified in section 119.07 of the	21982
Revised Code.	21983

(b) If a timely request for a hearing that includes the	21984
licensee's current address is made, the hearing shall commence not	21985
later than thirty days after the department receives the request.	21986

(c) After commencing, the hearing shall continue	21987
uninterrupted, except for Saturdays, Sundays, and legal holidays,	21988
unless other interruptions are agreed to by the licensee and the	21989
director.	21990

(d) If the hearing is conducted by a hearing examiner, the	21991
hearing examiner shall file a report and recommendations not later	21992
than ten days after the last of the following:	21993

(i) The close of the hearing;

21994

(ii) If a transcript of the proceedings is ordered, the	21995
hearing examiner receives the transcript;	21996

(iii) If post-hearing briefs are timely filed, the hearing	21997
examiner receives the briefs.	21998

(e) A copy of the written report and recommendation of the	21999
hearing examiner shall be sent, by certified mail, to the licensee	22000
and the licensee's attorney, if applicable, not later than five	22001
days after the report is filed.	22002

(f) Not later than five days after the hearing examiner files	22003
the report and recommendations, the licensee may file objections	22004
to the report and recommendations.	22005

(g) Not later than fifteen days after the hearing examiner	22006
files the report and recommendations, the director shall issue an	22007
order approving, modifying, or disapproving the report and	22008
recommendations.	22009

(h) Notwithstanding the pendency of the hearing, the director	22010
shall lift the order for the suspension of admissions when the	22011
director determines that the violation that formed the basis for	22012
the order has been corrected.	22013

(G) Neither a person or government agency whose application	22014
for a license to operate a residential facility is denied nor a	22015
related party of the person or government agency may apply for a	22016
license to operate a residential facility before the date that is	22017
one year after the date of the denial. Neither a licensee whose	22018
residential facility license is revoked nor a related party of the	22019
licensee may apply for a residential facility license before the	22020
date that is five years after the date of the revocation.	22021

(H) In accordance with Chapter 119. of the Revised Code, the	22022
director shall adopt and may amend and rescind rules for licensing	22023
and regulating the operation of residential facilities. The rules	22024
for residential facilities that are ICFs/IID may differ from those	22025
for other residential facilities. The rules shall establish and	22026
specify the following:	22027

(1) Procedures and criteria for issuing and renewing	22028
licenses, including procedures and criteria for determining the	22029
length of the licensing period that the director must specify for	22030
each license when it is issued or renewed;	22031

(2) Procedures and criteria for denying, refusing to renew,	22032
terminating, and revoking licenses and for ordering the suspension	22033
of admissions to a facility, placement of a monitor at a facility,	22034
and the immediate removal of residents from a facility;	22035

(3) Fees for issuing and renewing licenses, which shall be	22036
deposited into the program fee fund created under section 5123.033	22037
of the Revised Code;	22038

(4) Procedures for surveying residential facilities;

22039

(5) Requirements for the training of residential facility	22040
personnel;	22041

(6) Classifications for the various types of residential	22042
facilities;	22043

(7) Certification procedures for licensees and management	22044
contractors that the director determines are necessary to ensure	22045
that they have the skills and qualifications to properly operate	22046
or manage residential facilities;	22047

(8) The maximum number of persons who may be served in a	22048
particular type of residential facility;	22049

(9) Uniform procedures for admission of persons to and	22050
transfers and discharges of persons from residential facilities;	22051

(10) Other standards for the operation of residential	22052
facilities and the services provided at residential facilities;	22053

(11) Procedures for waiving any provision of any rule adopted	22054
under this section.	22055

(I)(1) Before issuing a license, the director ~~of the~~	22056
~~department or the director's designee~~ shall conduct a survey of	22057
the residential facility for which application is made. The	22058
director ~~or the director's designee~~ shall conduct a survey of each	22059
licensed residential facility at least once during the period the	22060
license is valid and may conduct additional inspections as needed.	22061
A survey includes but is not limited to an on-site examination and	22062
evaluation of the residential facility, its personnel, and the	22063
services provided there. The director may assign to a county board	22064
of developmental disabilities the responsibility to conduct any	22065
survey or inspection under this section.	22066

(2) In conducting surveys, the director ~~or the director's~~	22067
~~designee~~ shall be given access to the residential facility; all	22068
records, accounts, and any other documents related to the	22069
operation of the facility; the licensee; the residents of the	22070
facility; and all persons acting on behalf of, under the control	22071
of, or in connection with the licensee. The licensee and all	22072
persons on behalf of, under the control of, or in connection with	22073
the licensee shall cooperate with the director ~~or the director's~~	22074
~~designee~~ in conducting the survey.	22075

(3) Following each survey, ~~unless the director initiates a~~	22076
~~license revocation proceeding,~~ the director ~~or the director's~~	22077
~~designee~~ shall provide the licensee with a report listing the date	22078
of the survey, any ~~deficiencies, specifying~~citations issued as a	22079
result of the survey, and the statutes or rules that purportedly	22080
have been violated and are the bases of the citations. The	22081
director shall also do both of the following:	22082

(a) Specify a date by which the licensee may appeal any of	22083
the citations;	22084

(b) When appropriate, specify a timetable within which the	22085
licensee ~~shall~~must submit a plan of correction describing how	22086
the ~~deficiencies~~problems specified in the citations will be	22087
corrected, and~~, when appropriate~~, ~~specifying a timetable within~~	22088
the date by which the licensee ~~must correct~~anticipates the	22089
~~deficiencies~~problems will be corrected. ~~After~~	22090

(4) If the director initiates a proceeding to revoke a	22092
license, the director shall include the report required by	22093
division (I)(3) of this section with the notice of the proposed	22094
revocation the director sends to the licensee. In this	22095
circumstance, the licensee may not submit a plan of correction.	22096

(5) After a plan of correction is submitted, the director or	22097
~~the director's designee~~ shall approve or disapprove the plan. AIf	22098
the plan of correction is approved, a copy of the ~~report and any~~	22099
approved plan ~~of correction~~ shall be provided, not later than five	22100
business days after it is approved, to any person or government	22101
entity who requests it and made available on the internet web site	22102
maintained by the department of developmental disabilities. If the	22103
plan of correction is not approved and the director initiates a	22104
proceeding to revoke the license, a copy of the survey report	22105
shall be provided to any person or government entity that requests	22106
it and shall be made available on the internet web site maintained	22107
by the department.	22108

(6) The director shall initiate disciplinary action against	22109
any department employee who notifies or causes the notification to	22110
any unauthorized person of an unannounced survey of a residential	22111
facility by an authorized representative of the department.	22112

(J) In addition to any other information which may be	22113
required of applicants for a license pursuant to this section, the	22114
director shall require each applicant to provide a copy of an	22115
approved plan for a proposed residential facility pursuant to	22116
section 5123.042 of the Revised Code. This division does not apply	22117
to renewal of a license or to an applicant for an initial or	22118
modified license who meets the requirements of section 5123.197 of	22119
the Revised Code.	22120

(K) A licensee shall notify the owner of the building in	22121
which the licensee's residential facility is located of any	22122
significant change in the identity of the licensee or management	22123
contractor before the effective date of the change if the licensee	22124
is not the owner of the building.	22125

Pursuant to rules which shall be adopted in accordance with	22126
Chapter 119. of the Revised Code, the director may require	22127
notification to the department of any significant change in the	22128
ownership of a residential facility or in the identity of the	22129
licensee or management contractor. If the director determines that	22130
a significant change of ownership is proposed, the director shall	22131
consider the proposed change to be an application for development	22132
by a new operator pursuant to section 5123.042 of the Revised Code	22133
and shall advise the applicant within sixty days of the	22134
notification that the current license shall continue in effect or	22135
a new license will be required pursuant to this section. If the	22136
director requires a new license, the director shall permit the	22137
facility to continue to operate under the current license until	22138
the new license is issued, unless the current license is revoked,	22139
refused to be renewed, or terminated in accordance with Chapter	22140
119. of the Revised Code.	22141

(L) A county board of developmental disabilities and any	22142
interested person may file complaints alleging violations of	22143
statute or department rule relating to residential facilities with	22144
the department. All complaints shall be in writing and shall state	22145
the facts constituting the basis of the allegation. The department	22146
shall not reveal the source of any complaint unless the	22147
complainant agrees in writing to waive the right to	22148
confidentiality or until so ordered by a court of competent	22149
jurisdiction.	22150

The department shall adopt rules in accordance with Chapter	22151
119. of the Revised Code establishing procedures for the receipt,	22152
referral, investigation, and disposition of complaints filed with	22153
the department under this division.	22154

(M) The department shall establish procedures for the	22155
notification of interested parties of the transfer or interim care	22156
of residents from residential facilities that are closing or are	22157
losing their license.	22158

(N) Before issuing a license under this section to a	22159
residential facility that will accommodate at any time more than	22160
one mentally retarded or developmentally disabled individual, the	22161
director shall, by first class mail, notify the following:	22162

(1) If the facility will be located in a municipal	22163
corporation, the clerk of the legislative authority of the	22164
municipal corporation;	22165

(2) If the facility will be located in unincorporated	22166
territory, the clerk of the appropriate board of county	22167
commissioners and the fiscal officer of the appropriate board of	22168
township trustees.	22169

The director shall not issue the license for ten days after	22170
mailing the notice, excluding Saturdays, Sundays, and legal	22171
holidays, in order to give the notified local officials time in	22172
which to comment on the proposed issuance.	22173

Any legislative authority of a municipal corporation, board	22174
of county commissioners, or board of township trustees that	22175
receives notice under this division of the proposed issuance of a	22176
license for a residential facility may comment on it in writing to	22177
the director within ten days after the director mailed the notice,	22178
excluding Saturdays, Sundays, and legal holidays. If the director	22179
receives written comments from any notified officials within the	22180
specified time, the director shall make written findings	22181
concerning the comments and the director's decision on the	22182
issuance of the license. If the director does not receive written	22183
comments from any notified local officials within the specified	22184
time, the director shall continue the process for issuance of the	22185
license.	22186

(O) Any person may operate a licensed residential facility	22187
that provides room and board, personal care, habilitation	22188
services, and supervision in a family setting for at least six but	22189
not more than eight persons with mental retardation or a	22190
developmental disability as a permitted use in any residential	22191
district or zone, including any single-family residential district	22192
or zone, of any political subdivision. These residential	22193
facilities may be required to comply with area, height, yard, and	22194
architectural compatibility requirements that are uniformly	22195
imposed upon all single-family residences within the district or	22196
zone.	22197

(P) Any person may operate a licensed residential facility	22198
that provides room and board, personal care, habilitation	22199
services, and supervision in a family setting for at least nine	22200
but not more than sixteen persons with mental retardation or a	22201
developmental disability as a permitted use in any multiple-family	22202
residential district or zone of any political subdivision, except	22203
that a political subdivision that has enacted a zoning ordinance	22204
or resolution establishing planned unit development districts may	22205
exclude these residential facilities from those districts, and a	22206
political subdivision that has enacted a zoning ordinance or	22207
resolution may regulate these residential facilities in	22208
multiple-family residential districts or zones as a conditionally	22209
permitted use or special exception, in either case, under	22210
reasonable and specific standards and conditions set out in the	22211
zoning ordinance or resolution to:	22212

(1) Require the architectural design and site layout of the	22213
residential facility and the location, nature, and height of any	22214
walls, screens, and fences to be compatible with adjoining land	22215
uses and the residential character of the neighborhood;	22216

(2) Require compliance with yard, parking, and sign	22217
regulation;	22218

(3) Limit excessive concentration of these residential	22219
facilities.	22220

(Q) This section does not prohibit a political subdivision	22221
from applying to residential facilities nondiscriminatory	22222
regulations requiring compliance with health, fire, and safety	22223
regulations and building standards and regulations.	22224

(R) Divisions (O) and (P) of this section are not applicable	22225
to municipal corporations that had in effect on June 15, 1977, an	22226
ordinance specifically permitting in residential zones licensed	22227
residential facilities by means of permitted uses, conditional	22228
uses, or special exception, so long as such ordinance remains in	22229
effect without any substantive modification.	22230

(S)(1) The director may issue an interim license to operate a	22231
residential facility to an applicant for a license under this	22232
section if either of the following is the case:	22233

(a) The director determines that an emergency exists	22234
requiring immediate placement of persons in a residential	22235
facility, that insufficient licensed beds are available, and that	22236
the residential facility is likely to receive a permanent license	22237
under this section within thirty days after issuance of the	22238
interim license.	22239

(b) The director determines that the issuance of an interim	22240
license is necessary to meet a temporary need for a residential	22241
facility.	22242

(2) To be eligible to receive an interim license, an	22243
applicant must meet the same criteria that must be met to receive	22244
a permanent license under this section, except for any differing	22245
procedures and time frames that may apply to issuance of a	22246
permanent license.	22247

(3) An interim license shall be valid for thirty days and may	22248
be renewed by the director for a period not to exceed one hundred	22249
fifty days.	22250

(4) The director shall adopt rules in accordance with Chapter	22251
119. of the Revised Code as the director considers necessary to	22252
administer the issuance of interim licenses.	22253

(T) Notwithstanding rules adopted pursuant to this section	22254
establishing the maximum number of persons who may be served in a	22255
particular type of residential facility, a residential facility	22256
shall be permitted to serve the same number of persons being	22257
served by the facility on the effective date of the rules or the	22258
number of persons for which the facility is authorized pursuant to	22259
a current application for a certificate of need with a letter of	22260
support from the department of developmental disabilities and	22261
which is in the review process prior to April 4, 1986.	22262

(U) The director ~~or the director's designee~~ may enter at any	22263
time, for purposes of investigation, any home, facility, or other	22264
structure that has been reported to the director or that the	22265
director has reasonable cause to believe is being operated as a	22266
residential facility without a license issued under this section.	22267

The director may petition the court of common pleas of the	22268
county in which an unlicensed residential facility is located for	22269
an order enjoining the person or governmental agency operating the	22270
facility from continuing to operate without a license. The court	22271
may grant the injunction on a showing that the person or	22272
governmental agency named in the petition is operating a	22273
residential facility without a license. The court may grant the	22274
injunction, regardless of whether the residential facility meets	22275
the requirements for receiving a license under this section.	22276

Sec. 5123.191. (A) The court of common pleas or a judge	22277
thereof in the judge's county, or the probate court, may appoint a	22278
receiver to take possession of and operate a residential facility	22279
licensed by the department of developmental disabilities, in	22280
causes pending in such courts respectively, when conditions	22281
existing at the facility present a substantial risk of physical or	22282
mental harm to residents and no other remedies at law are adequate	22283
to protect the health, safety, and welfare of the residents.	22284
Conditions at the facility that may present such risk of harm	22285
include, but are not limited to, instances when any of the	22286
following occur:	22287

(1) The residential facility is in violation of state or	22288
federal law or regulations.	22289

(2) The facility has had its license revoked or procedures	22290
for revocation have been initiated, or the facility is closing or	22291
intends to cease operations.	22292

(3) Arrangements for relocating residents need to be made.

22293

(4) Insolvency of the operator, licensee, or landowner	22294
threatens the operation of the facility.	22295

(5) The facility or operator has demonstrated a pattern and	22296
practice of repeated violations of state or federal laws or	22297
regulations.	22298

(B) A court in which a petition is filed pursuant to this	22299
section shall notify the person holding the license for the	22300
facility and the department of developmental disabilities of the	22301
filing. The court shall order the department to notify the	22302
facility owner, facility operator, county board of developmental	22303
disabilities, facility residents, and residents' parents and	22304
guardians of the filing of the petition.	22305

The court shall provide a hearing on the petition within five	22306
court days of the time it was filed, except that the court may	22307
appoint a receiver prior to that time if it determines that the	22308
circumstances necessitate such action. Following a hearing on the	22309
petition, and upon a determination that the appointment of a	22310
receiver is warranted, the court shall appoint a receiver and	22311
notify the department of developmental disabilities and	22312
appropriate persons of this action.	22313

(C) A residential facility for which a receiver has been	22314
named is deemed to be in compliance with section 5123.19 and	22315
Chapter 3721. of the Revised Code for the duration of the	22316
receivership.	22317

(D) When the operating revenue of a residential facility in	22318
receivership is insufficient to meet its operating expenses,	22319
including the cost of bringing the facility into compliance with	22320
state or federal laws or regulations, the court may order the	22321
state to provide necessary funding, except as provided in division	22322
(K) of this section. The state shall provide such funding, subject	22323
to the approval of the controlling board. The court may also order	22324
the appropriate authorities to expedite all inspections necessary	22325
for the issuance of licenses or the certification of a facility,	22326
and order a facility to be closed if it determines that reasonable	22327
efforts cannot bring the facility into substantial compliance with	22328
the law.	22329

(E) In establishing a receivership, the court shall set forth	22330
the powers and duties of the receiver. The court may generally	22331
authorize the receiver to do all that is prudent and necessary to	22332
safely and efficiently operate the residential facility within the	22333
requirements of state and federal law, but shall require the	22334
receiver to obtain court approval prior to making any single	22335
expenditure of more than five thousand dollars to correct	22336
deficiencies in the structure or furnishings of a facility. The	22337
court shall closely review the conduct of the receiver it has	22338
appointed and shall require regular and detailed reports. The	22339
receivership shall be reviewed at least every sixty days.	22340

(F) A receivership established pursuant to this section shall	22341
be terminated, following notification of the appropriate parties	22342
and a hearing, if the court determines either of the following:	22343

(1) The residential facility has been closed and the former	22344
residents have been relocated to an appropriate facility.	22345

(2) Circumstances no longer exist at the facility that	22346
present a substantial risk of physical or mental harm to	22347
residents, and there is no deficiency in the facility that is	22348
likely to create a future risk of harm.	22349

Notwithstanding division (F)(2) of this section, the court	22350
shall not terminate a receivership for a residential facility that	22351
has previously operated under another receivership unless the	22352
responsibility for the operation of the facility is transferred to	22353
an operator approved by the court and the department of	22354
developmental disabilities.	22355

(G) The department of developmental disabilities may, upon	22356
its own initiative or at the request of an owner, operator, or	22357
resident of a residential facility, or at the request of a	22358
resident's guardian or relative or a county board of developmental	22359
disabilities, petition the court to appoint a receiver to take	22360
possession of and operate a residential facility. When the	22361
department has been requested to file a petition by any of the	22362
parties listed above, it shall, within forty-eight hours of such	22363
request, either file such a petition or notify the requesting	22364
party of its decision not to file. If the department refuses to	22365
file, the requesting party may file a petition with the court	22366
requesting the appointment of a receiver to take possession of and	22367
operate a residential facility.	22368

Petitions filed pursuant to this division shall include the	22369
following:	22370

(1) A description of the specific conditions existing at the	22371
facility which present a substantial risk of physical or mental	22372
harm to residents;	22373

(2) A statement of the absence of other adequate remedies at	22374
law;	22375

(3) The number of individuals residing at the facility;

22376

(4) A statement that the facts have been brought to the	22377
attention of the owner or licensee and that conditions have not	22378
been remedied within a reasonable period of time or that the	22379
conditions, though remedied periodically, habitually exist at the	22380
facility as a pattern or practice;	22381

(5) The name and address of the person holding the license	22382
for the facility and the address of the department of	22383
developmental disabilities.	22384

The court may award to an operator appropriate costs and	22385
expenses, including reasonable attorney's fees, if it determines	22386
that a petitioner has initiated a proceeding in bad faith or	22387
merely for the purpose of harassing or embarrassing the operator.	22388

(H) Except for the department of developmental disabilities	22389
or a county board of developmental disabilities, no party or	22390
person interested in an action shall be appointed a receiver	22391
pursuant to this section.	22392

To assist the court in identifying persons qualified to be	22393
named as receivers, the director of developmental disabilities or	22394
~~the director's designee~~ shall maintain a list of the names of such	22395
persons. The director shall, in accordance with Chapter 119. of	22396
the Revised Code, establish standards for evaluating persons	22397
desiring to be included on such a list.	22398

(I) Before a receiver enters upon the duties of that person,	22399
the receiver must be sworn to perform the duties of receiver	22400
faithfully, and, with surety approved by the court, judge, or	22401
clerk, execute a bond to such person, and in such sum as the court	22402
or judge directs, to the effect that such receiver will faithfully	22403
discharge the duties of receiver in the action, and obey the	22404
orders of the court therein.	22405

(J) Under the control of the appointing court, a receiver may	22406
bring and defend actions in the receiver's own name as receiver	22407
and take and keep possession of property.	22408

The court shall authorize the receiver to do the following:

22409

(1) Collect payment for all goods and services provided to	22410
the residents or others during the period of the receivership at	22411
the same rate as was charged by the licensee at the time the	22412
petition for receivership was filed, unless a different rate is	22413
set by the court;	22414

(2) Honor all leases, mortgages, and secured transactions	22415
governing all buildings, goods, and fixtures of which the receiver	22416
has taken possession and continues to use, subject to the	22417
following conditions:	22418

(a) In the case of a rental agreement, only to the extent of	22419
payments that are for the use of the property during the period of	22420
the receivership;	22421

(b) In the case of a purchase agreement only to the extent of	22422
payments that come due during the period of the receivership.	22423

(3) If transfer of residents is necessary, provide for the	22424
orderly transfer of residents by doing the following:	22425

(a) Cooperating with all appropriate state and local agencies	22426
in carrying out the transfer of residents to alternative community	22427
placements;	22428

(b) Providing for the transportation of residents' belongings	22429
and records;	22430

(c) Helping to locate alternative placements and develop	22431
discharge plans;	22432

(d) Preparing residents for the trauma of discharge;

22433

(e) Permitting residents or guardians to participate in	22434
transfer or discharge planning except when an emergency exists and	22435
immediate transfer is necessary.	22436

(4) Make periodic reports on the status of the residential	22437
program to the appropriate state agency, county board of	22438
developmental disabilities, parents, guardians, and residents;	22439

(5) Compromise demands or claims;

22440

(6) Generally do such acts respecting the residential	22441
facility as the court authorizes.	22442

(K) Neither the receiver nor the department of developmental	22443
disabilities is liable for debts incurred by the owner or operator	22444
of a residential facility for which a receiver has been appointed.	22445

(L) The department of developmental disabilities may contract	22446
for the operation of a residential facility in receivership. The	22447
department shall establish the conditions of a contract.	22448
Notwithstanding any other provision of law, contracts that are	22449
necessary to carry out the powers and duties of the receiver need	22450
not be competitively bid.	22451

(M) The department of developmental disabilities, the	22452
department of job and family services, and the department of	22453
health shall provide technical assistance to any receiver	22454
appointed pursuant to this section.	22455

Sec. 5123.21. The director of developmental disabilities or	22456
~~the director's designee~~ may transfer or authorize the transfer of	22457
an involuntary resident or a consenting voluntary resident from	22458
one public institution to another or to an institution other than	22459
a public institution or other facility, if the director determines	22460
that it would be consistent with the habilitation needs of the	22461
resident to do so.	22462

Before an involuntary resident may be transferred to a more	22463
restrictive setting, the managing officer of the institution shall	22464
file a motion with the court requesting the court to amend its	22465
order of placement issued under section 5123.76 of the Revised	22466
Code. At the resident's request, the court shall hold a hearing on	22467
the motion at which the resident has the same rights as at a full	22468
hearing under section 5123.76 of the Revised Code.	22469

Whenever a resident is transferred, the director shall give	22470
written notice of the transfer to the resident's legal guardian,	22471
parents, spouse, and counsel, or, if none is known, to the	22472
resident's nearest known relative or friend. If the resident is a	22473
minor, the ~~department~~director before making such a transfer shall	22474
make a minute of the order for the transfer and the reason for it	22475
upon its record and shall send a certified copy at least seven	22476
days prior to the transfer to the person shown by its record to	22477
have had the care or custody of the minor immediately prior to the	22478
minor's commitment. Whenever a consenting voluntary resident is	22479
transferred, the notification shall be given only at the	22480
resident's request. The managing officer shall advise a voluntary	22481
resident who is being transferred that the patient may decide if	22482
such a notification shall be given. In all such transfers, due	22483
consideration shall be given to the relationship of the resident	22484
to the resident's family, legal guardian, or friends, so as to	22485
maintain relationships and encourage visits beneficial to the	22486
resident.	22487

Sec. 5123.61. (A) As used in this section:

22488

(1) "Law enforcement agency" means the state highway patrol,	22489
the police department of a municipal corporation, or a county	22490
sheriff.	22491

(2) "Abuse" has the same meaning as in section 5123.50 of the	22492
Revised Code, except that it includes a misappropriation, as	22493
defined in that section.	22494

(3) "Neglect" has the same meaning as in section 5123.50 of	22495
the Revised Code.	22496

(B) The department of developmental disabilities shall	22497
establish a registry office for the purpose of maintaining reports	22498
of abuse, neglect, and other major unusual incidents made to the	22499
department under this section and reports received from county	22500
boards of developmental disabilities under section 5126.31 of the	22501
Revised Code. The department shall establish committees to review	22502
reports of abuse, neglect, and other major unusual incidents.	22503

(C)(1) Any person listed in division (C)(2) of this section,	22504
having reason to believe that a person with mental retardation or	22505
a developmental disability has suffered or faces a substantial	22506
risk of suffering any wound, injury, disability, or condition of	22507
such a nature as to reasonably indicate abuse or neglect of that	22508
person, shall immediately report or cause reports to be made of	22509
such information to the entity specified in this division. Except	22510
as provided in section 5120.173 of the Revised Code or as	22511
otherwise provided in this division, the person making the report	22512
shall make it to a law enforcement agency or to the county board	22513
of developmental disabilities. If the report concerns a resident	22514
of a facility operated by the department of developmental	22515
disabilities the report shall be made either to a law enforcement	22516
agency or to the department. If the report concerns any act or	22517
omission of an employee of a county board of developmental	22518
disabilities, the report immediately shall be made to the	22519
department and to the county board.	22520

(2) All of the following persons are required to make a	22521
report under division (C)(1) of this section:	22522

(a) Any physician, including a hospital intern or resident,	22523
any dentist, podiatrist, chiropractor, practitioner of a limited	22524
branch of medicine as specified in section 4731.15 of the Revised	22525
Code, hospital administrator or employee of a hospital, nurse	22526
licensed under Chapter 4723. of the Revised Code, employee of an	22527
ambulatory health facility as defined in section 5101.61 of the	22528
Revised Code, employee of a home health agency, employee of a	22529
residential facility licensed under section 5119.34 of the Revised	22530
Code that provides accommodations, supervision, and person care	22531
services for three to sixteen unrelated adults, or employee of a	22532
community mental health facility;	22533

(b) Any school teacher or school authority, social worker,	22534
psychologist, attorney, peace officer, coroner, or residents'	22535
rights advocate as defined in section 3721.10 of the Revised Code;	22536

(c) A superintendent, board member, or employee of a county	22537
board of developmental disabilities; an administrator, board	22538
member, or employee of a residential facility licensed under	22539
section 5123.19 of the Revised Code; an administrator, board	22540
member, or employee of any other public or private provider of	22541
services to a person with mental retardation or a developmental	22542
disability, or any MR/DD employee, as defined in section 5123.50	22543
of the Revised Code;	22544

(d) A member of a citizen's advisory council established at	22545
an institution or branch institution of the department of	22546
developmental disabilities under section 5123.092 of the Revised	22547
Code;	22548

(e) A member of the clergy who is employed in a position that	22549
includes providing specialized services to an individual with	22550
mental retardation or another developmental disability, while	22551
acting in an official or professional capacity in that position,	22552
or a person who is employed in a position that includes providing	22553
specialized services to an individual with mental retardation or	22554
another developmental disability and who, while acting in an	22555
official or professional capacity, renders spiritual treatment	22556
through prayer in accordance with the tenets of an organized	22557
religion.	22558

(3)(a) The reporting requirements of this division do not	22559
apply to employees of the Ohio protection and advocacy system.	22560

(b) An attorney or physician is not required to make a report	22561
pursuant to division (C)(1) of this section concerning any	22562
communication the attorney or physician receives from a client or	22563
patient in an attorney-client or physician-patient relationship,	22564
if, in accordance with division (A) or (B) of section 2317.02 of	22565
the Revised Code, the attorney or physician could not testify with	22566
respect to that communication in a civil or criminal proceeding,	22567
except that the client or patient is deemed to have waived any	22568
testimonial privilege under division (A) or (B) of section 2317.02	22569
of the Revised Code with respect to that communication and the	22570
attorney or physician shall make a report pursuant to division	22571
(C)(1) of this section, if both of the following apply:	22572

(i) The client or patient, at the time of the communication,	22573
is a person with mental retardation or a developmental disability.	22574

(ii) The attorney or physician knows or suspects, as a result	22575
of the communication or any observations made during that	22576
communication, that the client or patient has suffered or faces a	22577
substantial risk of suffering any wound, injury, disability, or	22578
condition of a nature that reasonably indicates abuse or neglect	22579
of the client or patient.	22580

(4) Any person who fails to make a report required under	22581
division (C) of this section and who is an MR/DD employee, as	22582
defined in section 5123.50 of the Revised Code, shall be eligible	22583
to be included in the registry regarding misappropriation, abuse,	22584
neglect, or other specified misconduct by MR/DD employees	22585
established under section 5123.52 of the Revised Code.	22586

(D) The reports required under division (C) of this section	22587
shall be made forthwith by telephone or in person and shall be	22588
followed by a written report. The reports shall contain the	22589
following:	22590

(1) The names and addresses of the person with mental	22591
retardation or a developmental disability and the person's	22592
custodian, if known;	22593

(2) The age of the person with mental retardation or a	22594
developmental disability;	22595

(3) Any other information that would assist in the	22596
investigation of the report.	22597

(E) When a physician performing services as a member of the	22598
staff of a hospital or similar institution has reason to believe	22599
that a person with mental retardation or a developmental	22600
disability has suffered injury, abuse, or physical neglect, the	22601
physician shall notify the person in charge of the institution or	22602
that person's designated delegate, who shall make the necessary	22603
reports.	22604

(F) Any person having reasonable cause to believe that a	22605
person with mental retardation or a developmental disability has	22606
suffered or faces a substantial risk of suffering abuse or neglect	22607
may report or cause a report to be made of that belief to the	22608
entity specified in this division. Except as provided in section	22609
5120.173 of the Revised Code or as otherwise provided in this	22610
division, the person making the report shall make it to a law	22611
enforcement agency or the county board of developmental	22612
disabilities. If the person is a resident of a facility operated	22613
by the department of developmental disabilities, the report shall	22614
be made to a law enforcement agency or to the department. If the	22615
report concerns any act or omission of an employee of a county	22616
board of developmental disabilities, the report immediately shall	22617
be made to the department and to the county board.	22618

(G)(1) Upon the receipt of a report concerning the possible	22619
abuse or neglect of a person with mental retardation or a	22620
developmental disability, the law enforcement agency shall inform	22621
the county board of developmental disabilities or, if the person	22622
is a resident of a facility operated by the department of	22623
developmental disabilities, the ~~director of the~~ department ~~or the~~	22624
~~director's designee~~.	22625

(2) On receipt of a report under this section that includes	22626
an allegation of action or inaction that may constitute a crime	22627
under federal law or the law of this state, the department of	22628
developmental disabilities shall notify the law enforcement	22629
agency.	22630

(3) When a county board of developmental disabilities	22631
receives a report under this section that includes an allegation	22632
of action or inaction that may constitute a crime under federal	22633
law or the law of this state, the superintendent of the board or	22634
an individual the superintendent designates under division (H) of	22635
this section shall notify the law enforcement agency. The	22636
superintendent or individual shall notify the department of	22637
developmental disabilities when it receives any report under this	22638
section.	22639

(4) When a county board of developmental disabilities	22640
receives a report under this section and believes that the degree	22641
of risk to the person is such that the report is an emergency, the	22642
superintendent of the board or an employee of the board the	22643
superintendent designates shall attempt a face-to-face contact	22644
with the person with mental retardation or a developmental	22645
disability who allegedly is the victim within one hour of the	22646
board's receipt of the report.	22647

(H) The superintendent of the board may designate an	22648
individual to be responsible for notifying the law enforcement	22649
agency and the department when the county board receives a report	22650
under this section.	22651

(I) An adult with mental retardation or a developmental	22652
disability about whom a report is made may be removed from the	22653
adult's place of residence only by law enforcement officers who	22654
consider that the adult's immediate removal is essential to	22655
protect the adult from further injury or abuse or in accordance	22656
with the order of a court made pursuant to section 5126.33 of the	22657
Revised Code.	22658

(J) A law enforcement agency shall investigate each report of	22659
abuse or neglect it receives under this section. In addition, the	22660
department, in cooperation with law enforcement officials, shall	22661
investigate each report regarding a resident of a facility	22662
operated by the department to determine the circumstances	22663
surrounding the injury, the cause of the injury, and the person	22664
responsible. The investigation shall be in accordance with the	22665
memorandum of understanding prepared under section 5126.058 of the	22666
Revised Code. The department shall determine, with the registry	22667
office which shall be maintained by the department, whether prior	22668
reports have been made concerning an adult with mental retardation	22669
or a developmental disability or other principals in the case. If	22670
the department finds that the report involves action or inaction	22671
that may constitute a crime under federal law or the law of this	22672
state, it shall submit a report of its investigation, in writing,	22673
to the law enforcement agency. If the person with mental	22674
retardation or a developmental disability is an adult, with the	22675
consent of the adult, the department shall provide such protective	22676
services as are necessary to protect the adult. The law	22677
enforcement agency shall make a written report of its findings to	22678
the department.	22679

If the person is an adult and is not a resident of a facility	22680
operated by the department, the county board of developmental	22681
disabilities shall review the report of abuse or neglect in	22682
accordance with sections 5126.30 to 5126.33 of the Revised Code	22683
and the law enforcement agency shall make the written report of	22684
its findings to the county board.	22685

(K) Any person or any hospital, institution, school, health	22686
department, or agency participating in the making of reports	22687
pursuant to this section, any person participating as a witness in	22688
an administrative or judicial proceeding resulting from the	22689
reports, or any person or governmental entity that discharges	22690
responsibilities under sections 5126.31 to 5126.33 of the Revised	22691
Code shall be immune from any civil or criminal liability that	22692
might otherwise be incurred or imposed as a result of such actions	22693
except liability for perjury, unless the person or governmental	22694
entity has acted in bad faith or with malicious purpose.	22695

(L) No employer or any person with the authority to do so	22696
shall discharge, demote, transfer, prepare a negative work	22697
performance evaluation, reduce pay or benefits, terminate work	22698
privileges, or take any other action detrimental to an employee or	22699
retaliate against an employee as a result of the employee's having	22700
made a report under this section. This division does not preclude	22701
an employer or person with authority from taking action with	22702
regard to an employee who has made a report under this section if	22703
there is another reasonable basis for the action.	22704

(M) Reports made under this section are not public records as	22705
defined in section 149.43 of the Revised Code. Information	22706
contained in the reports on request shall be made available to the	22707
person who is the subject of the report, to the person's legal	22708
counsel, and to agencies authorized to receive information in the	22709
report by the department or by a county board of developmental	22710
disabilities.	22711

(N) Notwithstanding section 4731.22 of the Revised Code, the	22712
physician-patient privilege shall not be a ground for excluding	22713
evidence regarding the injuries or physical neglect of a person	22714
with mental retardation or a developmental disability or the cause	22715
thereof in any judicial proceeding resulting from a report	22716
submitted pursuant to this section.	22717

Sec. 5123.75. A respondent who is involuntarily placed in an	22718
institution or other place as designated in section 5123.77 of the	22719
Revised Code or with respect to whom proceedings have been	22720
instituted under section 5123.71 of the Revised Code shall, on	22721
request of the respondent, the respondent's guardian, or the	22722
respondent's counsel, or upon the court's own motion, be afforded	22723
a hearing to determine whether there is probable cause to believe	22724
that the respondent is a mentally retarded person subject to	22725
institutionalization by court order.	22726

(A) The probable cause hearing shall be conducted within two	22727
court days from the day on which the request is made. Failure to	22728
conduct the probable cause hearing within this time shall effect	22729
an immediate discharge of the respondent. If the proceedings are	22730
not reinstituted within thirty days, records of the proceedings	22731
shall be expunged.	22732

(B) The respondent shall be informed that the respondent may	22733
retain counsel and have independent expert evaluation and, if the	22734
respondent is an indigent person, be represented by court	22735
appointed counsel and have independent expert evaluation at court	22736
expense.	22737

(C) The probable cause hearing shall be conducted in a manner	22738
consistent with the procedures set forth in division (A) of	22739
section 5123.76 of the Revised Code, except divisions (A)(10) and	22740
(14) of that section, and the designee of the director of	22741
developmental disabilities under section 5123.72 of the Revised	22742
Code shall present evidence for the state.	22743

(D) If the court does not find probable cause to believe that	22744
the respondent is a mentally retarded person subject to	22745
institutionalization by court order, it shall order immediate	22746
release of the respondent and dismiss and expunge all record of	22747
the proceedings under this chapter.	22748

(E) On motion of the respondent or the respondent's counsel	22749
and for good cause shown, the court may order a continuance of the	22750
hearing.	22751

(F) If the court finds probable cause to believe that the	22752
respondent is a mentally retarded person subject to	22753
institutionalization by court order, the court may issue an	22754
interim order of placement and, where proceedings under section	22755
5123.71 of the Revised Code have been instituted, shall order a	22756
full hearing as provided in section 5123.76 of the Revised Code to	22757
be held on the question of whether the respondent is a mentally	22758
retarded person subject to institutionalization by court order.	22759
Unless specifically waived by the respondent or the respondent's	22760
counsel, the court shall schedule said hearing to be held as soon	22761
as possible within ten days from the probable cause hearing. A	22762
waiver of such full hearing at this point shall not preclude the	22763
respondent from asserting the respondent's right to such hearing	22764
under section 5123.76 of the Revised Code at any time prior to the	22765
mandatory hearing provided in division (H) of section 5123.76 of	22766
the Revised Code. In any case, if the respondent has waived the	22767
right to the full hearing, a mandatory hearing shall be held under	22768
division (H) of section 5123.76 of the Revised Code between the	22769
ninetieth and the one hundredth day after the original involuntary	22770
detention of the person unless the respondent has been discharged.	22771

(G) Whenever possible, the probable cause hearing shall be	22772
held before the respondent is taken into custody.	22773

Sec. 5123.76. (A) The full hearing shall be conducted in a	22774
manner consistent with the procedures outlined in this chapter and	22775
with due process of law. The hearing shall be held by a judge of	22776
the probate division or, upon transfer by the judge of the probate	22777
division, by another judge of the court of common pleas, or a	22778
referee designated by the judge of the probate division. Any	22779
referee designated by the judge of the probate division must be an	22780
attorney.	22781

(1) The following shall be made available to counsel for the	22782
respondent:	22783

(a) All relevant documents, information, and evidence in the	22784
custody or control of the state or prosecutor;	22785

(b) All relevant documents, information, and evidence in the	22786
custody or control of the institution, facility, or program in	22787
which the respondent currently is held or in which the respondent	22788
has been held pursuant to these proceedings;	22789

(c) With the consent of the respondent, all relevant	22790
documents, information, and evidence in the custody or control of	22791
any institution or person other than the state.	22792

(2) The respondent has the right to be represented by counsel	22793
of the respondent's choice and has the right to attend the hearing	22794
except if unusual circumstances of compelling medical necessity	22795
exist that render the respondent unable to attend and the	22796
respondent has not expressed a desire to attend.	22797

(3) If the respondent is not represented by counsel and the	22798
court determines that the conditions specified in division (A)(2)	22799
of this section justify the respondent's absence and the right to	22800
counsel has not been validly waived, the court shall appoint	22801
counsel forthwith to represent the respondent at the hearing,	22802
reserving the right to tax costs of appointed counsel to the	22803
respondent unless it is shown that the respondent is indigent. If	22804
the court appoints counsel, or if the court determines that the	22805
evidence relevant to the respondent's absence does not justify the	22806
absence, the court shall continue the case.	22807

(4) The respondent shall be informed of the right to retain	22808
counsel, to have independent expert evaluation, and, if an	22809
indigent person, to be represented by court appointed counsel and	22810
have expert independent evaluation at court expense.	22811

(5) The hearing may be closed to the public unless counsel	22812
for the respondent requests that the hearing be open to the	22813
public.	22814

(6) Unless objected to by the respondent, the respondent's	22815
counsel, or the designee of the director of developmental	22816
disabilities under section 5123.72 of the Revised Code, the court,	22817
for good cause shown, may admit persons having a legitimate	22818
interest in the proceedings.	22819

(7) The affiant under section 5123.71 of the Revised Code	22820
shall be subject to subpoena by either party.	22821

(8) The court shall examine the sufficiency of all documents	22822
filed and shall inform the respondent, if present, and the	22823
respondent's counsel of the nature of the content of the documents	22824
and the reason for which the respondent is being held or for which	22825
the respondent's placement is being sought.	22826

(9) The court shall receive only relevant, competent, and	22827
material evidence.	22828

(10) ~~The~~In accordance with section 5123.72 of the Revised	22829
Code, the designee of the director shall present the evidence for	22830
the state. In proceedings under this chapter, the attorney general	22831
shall present the comprehensive evaluation, assessment, diagnosis,	22832
prognosis, record of habilitation and care, if any, and less	22833
restrictive habilitation plans, if any. The attorney general does	22834
not have a similar presentation responsibility in connection with	22835
a person who has been found not guilty by reason of insanity and	22836
who is the subject of a hearing under section 2945.40 of the	22837
Revised Code to determine whether the person is a mentally	22838
retarded person subject to institutionalization by court order.	22839

(11) The respondent has the right to testify and the	22840
respondent or the respondent's counsel has the right to subpoena	22841
witnesses and documents and to present and cross-examine	22842
witnesses.	22843

(12) The respondent shall not be compelled to testify and	22844
shall be so advised by the court.	22845

(13) On motion of the respondent or the respondent's counsel	22846
for good cause shown, or upon the court's own motion, the court	22847
may order a continuance of the hearing.	22848

(14) To an extent not inconsistent with this chapter, the	22849
Rules of Civil Procedure shall be applicable.	22850

(B) Unless, upon completion of the hearing, the court finds	22851
by clear and convincing evidence that the respondent named in the	22852
affidavit is a mentally retarded person subject to	22853
institutionalization by court order, it shall order the	22854
respondent's discharge forthwith.	22855

(C) If, upon completion of the hearing, the court finds by	22856
clear and convincing evidence that the respondent is a mentally	22857
retarded person subject to institutionalization by court order,	22858
the court may order the respondent's discharge or order the	22859
respondent, for a period not to exceed ninety days, to any of the	22860
following:	22861

(1) A public institution, provided that commitment of the	22862
respondent to the institution will not cause the institution to	22863
exceed its licensed capacity determined in accordance with section	22864
5123.19 of the Revised Code and provided that such a placement is	22865
indicated by the comprehensive evaluation report filed pursuant to	22866
section 5123.71 of the Revised Code;	22867

(2) A private institution;

22868

(3) A county mental retardation program;

22869

(4) Receive private habilitation and care;

22870

(5) Any other suitable facility, program, or the care of any	22871
person consistent with the comprehensive evaluation, assessment,	22872
diagnosis, prognosis, and habilitation needs of the respondent.	22873

(D) Any order made pursuant to division (C)(2), (4), or (5)	22874
of this section shall be conditional upon the receipt by the court	22875
of consent by the facility, program, or person to accept the	22876
respondent.	22877

(E) In determining the place to which, or the person with	22878
whom, the respondent is to be committed, the court shall consider	22879
the comprehensive evaluation, assessment, diagnosis, and projected	22880
habilitation plan for the respondent, and shall order the	22881
implementation of the least restrictive alternative available and	22882
consistent with habilitation goals.	22883

(F) If, at any time it is determined by the director of the	22884
facility or program to which, or the person to whom, the	22885
respondent is committed that the respondent could be equally well	22886
habilitated in a less restrictive environment that is available,	22887
the following shall occur:	22888

(1) The respondent shall be released by the director of the	22889
facility or program or by the person forthwith and referred to the	22890
court together with a report of the findings and recommendations	22891
of the facility, program, or person.	22892

(2) The director of the facility or program or the person	22893
shall notify the respondent's counsel and the designee of the	22894
director of developmental disabilities.	22895

(3) The court shall dismiss the case or order placement in	22896
the less restrictive environment.	22897

(G)(1) Except as provided in divisions (G)(2) and (3) of this	22898
section, any person who has been committed under this section may	22899
apply at any time during the ninety-day period for voluntary	22900
admission to an institution under section 5123.69 of the Revised	22901
Code. Upon admission of a voluntary resident, the managing officer	22902
immediately shall notify the court, the respondent's counsel, and	22903
the designee of the director in writing of that fact by mail or	22904
otherwise, and, upon receipt of the notice, the court shall	22905
dismiss the case.	22906

(2) A person who is found incompetent to stand trial or not	22907
guilty by reason of insanity and who is committed pursuant to	22908
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	22909
Code shall not be voluntarily admitted to an institution pursuant	22910
to division (G)(1) of this section until after the termination of	22911
the commitment, as described in division (J) of section 2945.401	22912
of the Revised Code.	22913

(H) If, at the end of any commitment period, the respondent	22914
has not already been discharged or has not requested voluntary	22915
admission status, the director of the facility or program, or the	22916
person to whose care the respondent has been committed, shall	22917
discharge the respondent forthwith, unless at least ten days	22918
before the expiration of that period the designee of the director	22919
of developmental disabilities or the prosecutor files an	22920
application with the court requesting continued commitment.	22921

(1) An application for continued commitment shall include a	22922
written report containing a current comprehensive evaluation and	22923
assessment, a diagnosis, a prognosis, an account of progress and	22924
past habilitation, and a description of alternative habilitation	22925
settings and plans, including a habilitation setting that is the	22926
least restrictive setting consistent with the need for	22927
habilitation. A copy of the application shall be provided to	22928
respondent's counsel. The requirements for notice under section	22929
5123.73 of the Revised Code and the provisions of divisions (A) to	22930
(E) of this section apply to all hearings on such applications.	22931

(2) A hearing on the first application for continued	22932
commitment shall be held at the expiration of the first ninety-day	22933
period. The hearing shall be mandatory and may not be waived.	22934

(3) Subsequent periods of commitment not to exceed one	22935
hundred eighty days each may be ordered by the court if the	22936
designee of the director of developmental disabilities files an	22937
application for continued commitment, after a hearing is held on	22938
the application or without a hearing if no hearing is requested	22939
and no hearing required under division (H)(4) of this section is	22940
waived. Upon the application of a person involuntarily committed	22941
under this section, supported by an affidavit of a licensed	22942
physician alleging that the person is no longer a mentally	22943
retarded person subject to institutionalization by court order,	22944
the court for good cause shown may hold a full hearing on the	22945
person's continued commitment prior to the expiration of any	22946
subsequent period of commitment set by the court.	22947

(4) A mandatory hearing shall be held at least every two	22948
years after the initial commitment.	22949

(5) If the court, after a hearing upon a request to continue	22950
commitment, finds that the respondent is a mentally retarded	22951
person subject to institutionalization by court order, the court	22952
may make an order pursuant to divisions (C), (D), and (E) of this	22953
section.	22954

(I) Notwithstanding the provisions of division (H) of this	22955
section, no person who is found to be a mentally retarded person	22956
subject to institutionalization by court order pursuant to	22957
division (O)(2) of section 5123.01 of the Revised Code shall be	22958
held under involuntary commitment for more than five years.	22959

(J) The managing officer admitting a person pursuant to a	22960
judicial proceeding, within ten working days of the admission,	22961
shall make a report of the admission to the department.	22962

Sec. 5123.89. (A) As used in this section:

22963

(1) "Family" means a parent, brother, sister, spouse, son,	22964
daughter, grandparent, aunt, uncle, or cousin.	22965

(2) "Payment" means activities undertaken by a service	22966
provider or government entity to obtain or provide reimbursement	22967
for services provided to a person.	22968

(3) "Treatment" means the provision of services to a person,	22969
including the coordination or management of services provided to	22970
the person.	22971

(B) All certificates, applications, records, and reports made	22972
for the purpose of this chapter, other than court journal entries	22973
or court docket entries, which directly or indirectly identify a	22974
resident or former resident of an institution for the mentally	22975
retarded or person whose institutionalization has been sought	22976
under this chapter shall be kept confidential and shall not be	22977
disclosed by any person except in the following situations:	22978

(1) It is the judgment of the court for judicial records, and	22979
the managing officer for institution records, that disclosure is	22980
in the best interest of the person identified, and that person or	22981
that person's guardian or, if that person is a minor, that	22982
person's parent or guardian consents.	22983

(2) Disclosure is provided for in other sections of this	22984
chapter.	22985

(3) It is the judgment of the managing officer for	22986
institution records that disclosure to a mental health facility is	22987
in the best interest of the person identified.	22988

(4) Disclosure is of a record deposited with the Ohio	22989
historical society pursuant to division (C) of section 5123.31 of	22990
the Revised Code and the disclosure is made to the closest living	22991
relative of the person identified, on the relative's request.	22992

~~(B)~~(5) Disclosure is needed for the treatment of a person who	22993
is a resident or former resident of an institution for the	22994
mentally retarded or a person whose institutionalization has been	22995
sought under this chapter or is needed for the payment of services	22996
provided to the person.	22997

(C) The department of developmental disabilities shall adopt	22998
rules with respect to the systematic and periodic destruction of	22999
residents' records.	23000

~~(C)(1) As used in this division, "family" means a parent,~~	23001
~~brother, sister, spouse, son, daughter, grandparent, aunt, uncle,~~	23002
~~or cousin.~~	23003

~~(2)~~(D) Upon the death of a resident or former resident of an	23004
institution for the mentally retarded or a person whose	23005
institutionalization was sought under this chapter, the managing	23006
officer of an institution shall provide access to the	23007
certificates, applications, records, and reports made for the	23008
purposes of this chapter to the resident's, former resident's, or	23009
person's guardian if the guardian makes a written request. If a	23010
deceased resident, former resident, or person whose	23011
institutionalization was sought under this chapter did not have a	23012
guardian at the time of death, the managing officer shall provide	23013
access to the certificates, applications, records, and reports	23014
made for purposes of this chapter to a member of the person's	23015
family, upon that family member's written request.	23016

~~(D)~~(E) No person shall reveal the contents of a record of a	23017
resident except as authorized by this chapter.	23018

Sec. 5124.01. As used in this chapter:

23019

(A) "Affiliated operator" means an operator affiliated with	23020
either of the following:	23021

(1) The exiting operator for whom the affiliated operator is	23022
to assume liability for the entire amount of the exiting	23023
operator's debt under the medicaid program or the portion of the	23024
debt that represents the franchise permit fee the exiting operator	23025
owes;	23026

(2) The entering operator involved in the change of operator	23027
with the exiting operator specified in division (A)(1) of this	23028
section.	23029

(B) "Allowable costs" means an ICF/IID's costs that the	23030
department of developmental disabilities determines are	23031
reasonable. Fines paid under section 5124.99 of the Revised Code	23032
are not allowable costs.	23033

(C) "Capital costs" means an ICF/IID's costs of ownership and	23034
costs of nonextensive renovation.	23035

(D) "Case-mix score" means the measure determined under	23036
section 5124.192 of the Revised Code of the relative direct-care	23037
resources needed to provide care and habilitation to an ICF/IID	23038
resident.	23039

(E) "Change of operator" means an entering operator becoming	23040
the operator of an ICF/IID in the place of the exiting operator.	23041

(1) Actions that constitute a change of operator include the	23042
following:	23043

(a) A change in an exiting operator's form of legal	23044
organization, including the formation of a partnership or	23045
corporation from a sole proprietorship;	23046

(b) A transfer of all the exiting operator's ownership	23047
interest in the operation of the ICF/IID to the entering operator,	23048
regardless of whether ownership of any or all of the real property	23049
or personal property associated with the ICF/IID is also	23050
transferred;	23051

(c) A lease of the ICF/IID to the entering operator or the	23052
exiting operator's termination of the exiting operator's lease;	23053

(d) If the exiting operator is a partnership, dissolution of	23054
the partnership;	23055

(e) If the exiting operator is a partnership, a change in	23056
composition of the partnership unless both of the following apply:	23057

(i) The change in composition does not cause the	23058
partnership's dissolution under state law.	23059

(ii) The partners agree that the change in composition does	23060
not constitute a change in operator.	23061

(f) If the operator is a corporation, dissolution of the	23062
corporation, a merger of the corporation into another corporation	23063
that is the survivor of the merger, or a consolidation of one or	23064
more other corporations to form a new corporation.	23065

(2) The following, alone, do not constitute a change of	23066
operator:	23067

(a) A contract for an entity to manage an ICF/IID as the	23068
operator's agent, subject to the operator's approval of daily	23069
operating and management decisions;	23070

(b) A change of ownership, lease, or termination of a lease	23071
of real property or personal property associated with an ICF/IID	23072
if an entering operator does not become the operator in place of	23073
an exiting operator;	23074

(c) If the operator is a corporation, a change of one or more	23075
members of the corporation's governing body or transfer of	23076
ownership of one or more shares of the corporation's stock, if the	23077
same corporation continues to be the operator.	23078

(F) "Cost center" means the following:

23079

(1) Capital costs;

23080

(2) Direct care costs;

23081

(3) Indirect care costs;

23082

(4) Other protected costs.

23083

(G) "Costs of nonextensive renovations" means the actual	23084
expense incurred by an ICF/IID for depreciation or amortization	23085
and interest on renovations that are not extensive renovations.	23086

(H)(1) "Costs of ownership" means the actual expenses	23087
incurred by an ICF/IID for all of the following:	23088

(a) Subject to division (H)(2) of this section, depreciation	23089
and interest on any capital assets that cost five hundred dollars	23090
or more per item, including the following:	23091

(i) Buildings;

23092

(ii) Building improvements that are not approved as	23093
nonextensive renovations under section 5124.17 of the Revised	23094
Code;	23095

(iii) Equipment;

23096

(iv) Extensive renovations;

23097

(v) Transportation equipment.

23098

(b) Amortization and interest on land improvements and	23099
leasehold improvements;	23100

23101

(d) Except as provided in division (Z) of this section, lease	23102
and rent of land, building, and equipment.	23103

(2) The costs of capital assets of less than five hundred	23104
dollars per item may be considered costs of ownership in	23105
accordance with an ICF/IID provider's practice.	23106

(I)(1) "Date of licensure" means the following:

23107

(a) In the case of an ICF/IID that was originally licensed as	23108
a nursing home under Chapter 3721. of the Revised Code, the date	23109
that it was originally so licensed, regardless that it was	23110
subsequently licensed as a residential facility under section	23111
5123.19 of the Revised Code;	23112

(b) In the case of an ICF/IID that was originally licensed as	23113
a residential facility under section 5123.19 of the Revised Code,	23114
the date it was originally so licensed;	23115

(c) In the case of an ICF/IID that was not required by law to	23116
be licensed as a nursing home or residential facility when it was	23117
originally operated as a residential facility, the date it first	23118
was operated as a residential facility, regardless of the date the	23119
ICF/IID was first licensed as a nursing home or residential	23120
facility.	23121

(2) If, after an ICF/IID's original date of licensure, more	23122
residential facility beds are added to the ICF/IID or all or part	23123
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	23124
a different date of licensure for the additional beds or	23125
extensively renovated portion of the ICF/IID. This does not apply,	23126
however, to additional beds when both of the following apply:	23127

(a) The additional beds are located in a part of the ICF/IID	23128
that was constructed at the same time as the continuing beds	23129
already located in that part of the ICF/IID;.	23130

(b) The part of the ICF/IID in which the additional beds are	23131
located was constructed as part of the ICF/IID at a time when the	23132
ICF/IID was not required by law to be licensed as a nursing home	23133
or residential facility.	23134

(3) The definition of "date of licensure" in this section	23135
applies in determinations of ICFs/IID's medicaid payment rates but	23136
does not apply in determinations of ICFs/IID's franchise permit	23137
fees under sections 5168.60 to 5168.71 of the Revised Code.	23138

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	23139
on a cost report filed under section 5124.10 or 5124.101 of the	23140
Revised Code have been subjected to a desk review under section	23141
5124.108 of the Revised Code and preliminarily determined to be	23142
allowable costs.	23143

(K) "Developmental center" means a residential facility that	23144
is maintained and operated by the department of developmental	23145
disabilities.	23146

(L) "Direct care costs" means all of the following costs	23147
incurred by an ICF/IID:	23148

(1) Costs for registered nurses, licensed practical nurses,	23149
and nurse aides employed by the ICF/IID;	23150

(2) Costs for direct care staff, administrative nursing	23151
staff, medical directors, respiratory therapists, physical	23152
therapists, physical therapy assistants, occupational therapists,	23153
occupational therapy assistants, speech therapists, audiologists,	23154
habilitation staff (including habilitation supervisors), qualified	23155
intellectual disability professionals, program directors, social	23156
services staff, activities staff, off-site day programming,	23157
psychologists, psychology assistants, social workers, counselors,	23158
and other persons holding degrees qualifying them to provide	23159
therapy;	23160

(3) Costs of purchased nursing services;

23161

(4) Costs of training and staff development, employee	23162
benefits, payroll taxes, and workers' compensation premiums or	23163
costs for self-insurance claims and related costs as specified in	23164
rules adopted under section 5124.03 of the Revised Code, for	23165
personnel listed in divisions (L)(1), (2), and (3) of this	23166
section;	23167

(5) Costs of quality assurance;

23168

(6) Costs of consulting and management fees related to direct	23169
care;	23170

(7) Allocated direct care home office costs;

23171

(8) Costs of other direct-care resources that are specified	23172
as direct care costs in rules adopted under section 5124.03 of the	23173
Revised Code.	23174

(M) "Downsized ICF/IID" means an ICF/IID that permanently	23175
reduced its medicaid-certified capacity pursuant to a plan	23176
approved by the department of developmental disabilities under	23177
section 5123.042 of the Revised Code.	23178

(N) "Effective date of a change of operator" means the day	23179
the entering operator becomes the operator of the ICF/IID.	23180

(O) "Effective date of a facility closure" means the last day	23181
that the last of the residents of the ICF/IID resides in the	23182
ICF/IID.	23183

(P) "Effective date of an involuntary termination" means the	23184
date the department of medicaid terminates the operator's provider	23185
agreement for the ICF/IID or the last day that such a provider	23186
agreement is in effect when the department cancels or refuses to	23187
revalidate it.	23188

(Q) "Effective date of a voluntary termination" means the day	23189
the ICF/IID ceases to accept medicaid recipients.	23190

(R) "Entering operator" means the person or government entity	23191
that will become the operator of an ICF/IID when a change of	23192
operator occurs or following an involuntary termination.	23193

(S) "Exiting operator" means any of the following:

23194

(1) An operator that will cease to be the operator of an	23195
ICF/IID on the effective date of a change of operator;	23196

(2) An operator that will cease to be the operator of an	23197
ICF/IID on the effective date of a facility closure;	23198

(3) An operator of an ICF/IID that is undergoing or has	23199
undergone a voluntary termination;	23200

(4) An operator of an ICF/IID that is undergoing or has	23201
undergone an involuntary termination.	23202

(T)(1) "Extensive renovation" means the following:

23203

(a) An ICF/IID's betterment, improvement, or restoration to	23204
which both of the following apply:	23205

(i) It was started before July 1, 1993;.

23206

(ii) It meets the definition of "extensive renovation"	23207
established in rules that were adopted by the director of job and	23208
family services and in effect on December 22, 1992.	23209

(b) An ICF/IID's betterment, improvement, or restoration to	23210
which all of the following apply:	23211

(i) It was started on or after July 1, 1993;.

23212

(ii) Except as provided in division (T)(2) of this section,	23213
it costs more than sixty-five per cent and not more than	23214
eighty-five per cent of the cost of constructing a new bed;.	23215

(iii) It extends the useful life of the assets for at least	23216
ten years.	23217

(2) The department of developmental disabilities may treat a	23218
renovation that costs more than eighty-five per cent of the cost	23219
of constructing new beds as an extensive renovation if the	23220
department determines that the renovation is more prudent than	23221
construction of new beds.	23222

(3) For the purpose of division (T)(1)(b)(ii) of this	23223
section, the cost of constructing a new bed shall be considered to	23224
be forty thousand dollars, adjusted for the estimated rate of	23225
inflation from January 1, 1993, to the end of the calendar year	23226
during which the extensive renovation is completed, using the	23227
consumer price index for shelter costs for all urban consumers for	23228
the north central region, as published by the United States bureau	23229
of labor statistics.	23230

(U)(1) Subject to divisions (U)(2) and (3) of this section,	23231
"facility closure" means either of the following:	23232

(a) Discontinuance of the use of the building, or part of the	23233
building, that houses the facility as an ICF/IID that results in	23234
the relocation of all of the facility's residents;	23235

(b) Conversion of the building, or part of the building, that	23236
houses an ICF/IID to a different use with any necessary license or	23237
other approval needed for that use being obtained and one or more	23238
of the facility's residents remaining in the facility to receive	23239
services under the new use.	23240

(2) A facility closure occurs regardless of any of the	23241
following:	23242

(a) The operator completely or partially replacing the	23243
ICF/IID by constructing a new ICF/IID or transferring the	23244
ICF/IID's license to another ICF/IID;	23245

(b) The ICF/IID's residents relocating to another of the	23246
operator's ICFs/IID;	23247

(c) Any action the department of health takes regarding the	23248
ICF/IID's medicaid certification that may result in the transfer	23249
of part of the ICF/IID's survey findings to another of the	23250
operator's ICFs/IID;	23251

(d) Any action the department of developmental disabilities	23252
takes regarding the ICF/IID's license under section 5123.19 of the	23253
Revised Code.	23254

(3) A facility closure does not occur if all of the ICF/IID's	23255
residents are relocated due to an emergency evacuation and one or	23256
more of the residents return to a medicaid-certified bed in the	23257
ICF/IID not later than thirty days after the evacuation occurs.	23258

(V) "Fiscal year" means the fiscal year of this state, as	23259
specified in section 9.34 of the Revised Code.	23260

(W) "Franchise permit fee" means the fee imposed by sections	23261
5168.60 to 5168.71 of the Revised Code.	23262

(X) "Home and community-based services" has the same meaning	23263
as in section 5123.01 of the Revised Code.	23264

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	23265
440.150.	23266

(Z)(1) "Indirect care costs" means all reasonable costs	23267
incurred by an ICF/IID other than capital costs, direct care	23268
costs, and other protected costs. "Indirect care costs" includes	23269
costs of habilitation supplies, pharmacy consultants, medical and	23270
habilitation records, program supplies, incontinence supplies,	23271
food, enterals, dietary supplies and personnel, laundry,	23272
housekeeping, security, administration, liability insurance,	23273
bookkeeping, purchasing department, human resources,	23274
communications, travel, dues, license fees, subscriptions, home	23275
office costs not otherwise allocated, legal services, accounting	23276
services, minor equipment, maintenance and repair expenses,	23277
help-wanted advertising, informational advertising, start-up	23278
costs, organizational expenses, other interest, property	23279
insurance, employee training and staff development, employee	23280
benefits, payroll taxes, and workers' compensation premiums or	23281
costs for self-insurance claims and related costs, as specified in	23282
rules adopted under section 5124.03 of the Revised Code, for	23283
personnel listed in this division. Notwithstanding division (H) of	23284
this section, "indirect care costs" also means the cost of	23285
equipment, including vehicles, acquired by operating lease	23286
executed before December 1, 1992, if the costs are reported as	23287
administrative and general costs on the ICF/IID's cost report for	23288
the cost reporting period ending December 31, 1992.	23289

(2) For the purpose of division (Z)(1) of this section, an	23290
operating lease shall be construed in accordance with generally	23291
accepted accounting principles.	23292

(AA) "Inpatient days" means both of the following:

23293

(1) All days during which a resident, regardless of payment	23294
source, occupies a bed in an ICF/IID that is included in the	23295
ICF/IID's medicaid-certified capacity;	23296

(2) All days for which payment is made under section 5124.34	23297
of the Revised Code.	23298

(BB) "Intermediate care facility for individuals with	23299
intellectual disabilities" and "ICF/IID" mean an intermediate care	23300
facility for the mentally retarded as defined in the "Social	23301
Security Act," section 1905(d), 42 U.S.C. 1396d(d).	23302

(CC) "Involuntary termination" means the department of	23303
medicaid's termination of, cancellation of, or refusal to	23304
revalidate the operator's provider agreement for the ICF/IID when	23305
such action is not taken at the operator's request.	23306

(DD) "Maintenance and repair expenses" means, except as	23307
provided in division ~~(TT)~~(WW)(2)(b) of this section, expenditures	23308
that are necessary and proper to maintain an asset in a normally	23309
efficient working condition and that do not extend the useful life	23310
of the asset two years or more. "Maintenance and repair expenses"	23311
includes the costs of ordinary repairs such as painting and	23312
wallpapering.	23313

(EE) "Medicaid-certified capacity" means the number of an	23314
ICF/IID's beds that are certified for participation in medicaid as	23315
ICF/IID beds.	23316

(FF) "Medicaid days" means both of the following:

23317

(1) All days during which a resident who is a medicaid	23318
recipient eligible for ICF/IID services occupies a bed in an	23319
ICF/IID that is included in the ICF/IID's medicaid-certified	23320
capacity;	23321

(2) All days for which payment is made under section 5124.34	23322
of the Revised Code.	23323

(GG)(1) "New ICF/IID" means an ICF/IID for which the provider	23324
obtains an initial provider agreement following the director of	23325
health's medicaid certification of the ICF/IID, including such an	23326
ICF/IID that replaces one or more ICFs/IID for which a provider	23327
previously held a provider agreement.	23328

(2) "New ICF/IID" does not mean either of the following:

23329

(a) An ICF/IID for which the entering operator seeks a	23330
provider agreement pursuant to section 5124.511 or 5124.512 or	23331
(pursuant to section 5124.515) section 5124.07 of the Revised	23332
Code;	23333

(b) A downsized ICF/IID or partially converted ICF/IID.

23334

(HH) "Nursing home" has the same meaning as in section	23335
3721.01 of the Revised Code.	23336

(II) "Operator" means the person or government entity	23337
responsible for the daily operating and management decisions for	23338
an ICF/IID.	23339

(JJ) "Other protected costs" means costs incurred by an	23340
ICF/IID for medical supplies; real estate, franchise, and property	23341
taxes; natural gas, fuel oil, water, electricity, sewage, and	23342
refuse and hazardous medical waste collection; allocated other	23343
protected home office costs; and any additional costs defined as	23344
other protected costs in rules adopted under section 5124.03 of	23345
the Revised Code.	23346

(KK)(1) "Owner" means any person or government entity that	23347
has at least five per cent ownership or interest, either directly,	23348
indirectly, or in any combination, in any of the following	23349
regarding an ICF/IID:	23350

(a) The land on which the ICF/IID is located;

23351

(b) The structure in which the ICF/IID is located;

23352

(c) Any mortgage, contract for deed, or other obligation	23353
secured in whole or in part by the land or structure on or in	23354
which the ICF/IID is located;	23355

(d) Any lease or sublease of the land or structure on or in	23356
which the ICF/IID is located.	23357

(2) "Owner" does not mean a holder of a debenture or bond	23358
related to an ICF/IID and purchased at public issue or a regulated	23359
lender that has made a loan related to the ICF/IID unless the	23360
holder or lender operates the ICF/IID directly or through a	23361
subsidiary.	23362

(LL) "Partially converted ICF/IID" means an ICF/IID that	23363
converted some, but not all, of its beds to providing home and	23364
community-based services under the individual options waiver	23365
pursuant to section 5124.60 or 5124.61 of the Revised Code.	23366

(MM) "Peer group 1" means each ICF/IID with a	23367
medicaid-certified capacity exceeding eight.	23368

(NN) "Peer group 2" means each ICF/IID with a	23369
medicaid-certified capacity not exceeding eight, other than an	23370
ICF/IID that is in peer group 3.	23371

(OO) "Peer group 3" means each ICF/IID to which all of the	23372
following apply:	23373

(1) The ICF/IID is first certified as an ICF/IID after July	23374
1, 2014;	23375

(2) The ICF/IID has a medicaid-certified capacity not	23376
exceeding six;	23377

(3) The ICF/IID has a contract with the department of	23378
developmental disabilities that is for fifteen years and includes	23379
a provision for the department to approve all admissions to, and	23380
discharges from, the ICF/IID;	23381

(4) The ICF/IID's residents are admitted to the ICF/IID	23382
directly from a developmental center or have been determined by	23383
the department to be at risk of admission to a developmental	23384
center.	23385

(PP)(1) Except as provided in divisions ~~(MM)~~(PP)(2) and (3)	23386
of this section, "per diem" means an ICF/IID's desk-reviewed,	23387
actual, allowable costs in a given cost center in a cost reporting	23388
period, divided by the facility's inpatient days for that cost	23389
reporting period.	23390

(2) When determining capital costs for the purpose of section	23391
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	23392
allowable capital costs in a ~~cost-reporting~~cost reporting period	23393
divided by the greater of the facility's inpatient days for that	23394
period or the number of inpatient days the ICF/IID would have had	23395
during that period if its occupancy rate had been ninety-five per	23396
cent.	23397

(3) When determining indirect care costs for the purpose of	23398
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	23399
actual, allowable indirect care costs in a ~~cost-reporting~~cost	23400
reporting period divided by the greater of the ICF/IID's inpatient	23401
days for that period or the number of inpatient days the ICF/IID	23402
would have had during that period if its occupancy rate had been	23403
eighty-five per cent.	23404

~~(NN)~~(QQ) "Provider" means an operator with a valid provider	23405
agreement.	23406

~~(OO)~~(RR) "Provider agreement" means a provider agreement, as	23407
defined in section 5164.01 of the Revised Code, that is between	23408
the department of medicaid and the operator of an ICF/IID for the	23409
provision of ICF/IID services under the medicaid program.	23410

~~(PP)~~(SS) "Purchased nursing services" means services that are	23411
provided in an ICF/IID by registered nurses, licensed practical	23412
nurses, or nurse aides who are not employees of the ICF/IID.	23413

~~(QQ)~~(TT) "Reasonable" means that a cost is an actual cost	23414
that is appropriate and helpful to develop and maintain the	23415
operation of resident care facilities and activities, including	23416
normal standby costs, and that does not exceed what a prudent	23417
buyer pays for a given item or services. Reasonable costs may vary	23418
from provider to provider and from time to time for the same	23419
provider.	23420

~~(RR)~~(UU) "Related party" means an individual or organization	23421
that, to a significant extent, has common ownership with, is	23422
associated or affiliated with, has control of, or is controlled	23423
by, a provider.	23424

(1) An individual who is a relative of an owner is a related	23425
party.	23426

(2) Common ownership exists when an individual or individuals	23427
possess significant ownership or equity in both the provider and	23428
the other organization. Significant ownership or equity exists	23429
when an individual or individuals possess five per cent ownership	23430
or equity in both the provider and a supplier. Significant	23431
ownership or equity is presumed to exist when an individual or	23432
individuals possess ten per cent ownership or equity in both the	23433
provider and another organization from which the provider	23434
purchases or leases real property.	23435

(3) Control exists when an individual or organization has the	23436
power, directly or indirectly, to significantly influence or	23437
direct the actions or policies of an organization.	23438

(4) An individual or organization that supplies goods or	23439
services to a provider shall not be considered a related party if	23440
all of the following conditions are met:	23441

(a) The supplier is a separate bona fide organization.

23442

(b) A substantial part of the supplier's business activity of	23443
the type carried on with the provider is transacted with others	23444
than the provider and there is an open, competitive market for the	23445
types of goods or services the supplier furnishes.	23446

(c) The types of goods or services are commonly obtained by	23447
other ICFs/IID from outside organizations and are not a basic	23448
element of resident care ordinarily furnished directly to	23449
residents by the ICFs/IID.	23450

(d) The charge to the provider is in line with the charge for	23451
the goods or services in the open market and no more than the	23452
charge made under comparable circumstances to others by the	23453
supplier.	23454

~~(SS)~~(VV) "Relative of owner" means an individual who is	23455
related to an owner of an ICF/IID by one of the following	23456
relationships:	23457

(1) Spouse;

23458

(2) Natural parent, child, or sibling;

23459

(3) Adopted parent, child, or sibling;

23460

(4) Stepparent, stepchild, stepbrother, or stepsister;

23461

(5) Father-in-law, mother-in-law, son-in-law,	23462
daughter-in-law, brother-in-law, or sister-in-law;	23463

(6) Grandparent or grandchild;

23464

(7) Foster caregiver, foster child, foster brother, or foster	23465
sister.	23466

~~(TT)~~(WW)(1) "Renovation" means the following:

23467

(a) An ICF/IID's betterment, improvement, or restoration to	23468
which both of the following apply:	23469

(i) It was started before July 1, 1993;.

23470

(ii) It meets the definition of "renovation" established in	23471
rules that were adopted by the director of job and family services	23472
and in effect on December 22, 1992.	23473

(b) An ICF/IID's betterment, improvement, or restoration to	23474
which both of the following apply:	23475

(i) It was started on or after July 1, 1993;.

23476

(ii) It betters, improves, or restores the ICF/IID beyond its	23477
current functional capacity through a structural change that costs	23478
at least five hundred dollars per bed.	23479

(2) A renovation started on or after July 1, 1993, may	23480
include both of the following:	23481

(a) A betterment, improvement, restoration, or replacement of	23482
assets that are affixed to a building and have a useful life of at	23483
least five years;	23484

(b) Costs that otherwise would be considered maintenance and	23485
repair expenses if they are an integral part of the structural	23486
change that makes up the renovation project.	23487

(3) "Renovation" does not mean construction of additional	23488
space for beds that will be added to an ICF/IID's licensed	23489
capacity or medicaid-certified capacity.	23490

~~(UU)~~(XX) "Residential facility" has the same meaning as in	23491
section 5123.19 of the Revised Code.	23492

~~(VV)~~(YY) "Sponsor" means an adult relative, friend, or	23493
guardian of an ICF/IID resident who has an interest or	23494
responsibility in the resident's welfare.	23495

~~(WW)~~(ZZ) "Title XIX" means Title XIX of the "Social Security	23496
Act," 42 U.S.C. 1396, et seq.	23497

~~(XX)~~(AAA) "Title XVIII" means Title XVIII of the "Social	23498
Security Act," 42 U.S.C. 1395, et seq.	23499

~~(YY)~~(BBB) "Voluntary termination" means an operator's	23500
voluntary election to terminate the participation of an ICF/IID in	23501
the medicaid program but to continue to provide service of the	23502
type provided by a residential facility as defined in section	23503
5123.19 of the Revised Code.	23504

Sec. 5124.101. (A) The provider of an ICF/IID in peer group 1	23505
or peer group 2 that becomes a downsized ICF/IID or partially	23506
converted ICF/IID on or after July 1, 2013, or becomes a new	23507
ICF/IID on or after that date, may file with the department of	23508
developmental disabilities a cost report covering the period	23509
specified in division (B) of this section if the following applies	23510
to the ICF/IID:	23511

(1) In the case of an ICF/IID that becomes a downsized	23512
ICF/IID or partially converted ICF/IID, the ICF/IID has either of	23513
the following on the day it becomes a downsized ICF/IID or	23514
partially converted ICF/IID:	23515

(a) A medicaid-certified capacity that is at least ten per	23516
cent less than its medicaid-certified capacity on the day	23517
immediately preceding the day it becomes a downsized ICF/IID or	23518
partially converted ICF/IID;	23519

(b) At least five fewer beds certified as ICF/IID beds than	23520
it has on the day immediately preceding the day it becomes a	23521
downsized ICF/IID or partially converted ICF/IID.	23522

(2) In the case of a new ICF/IID, the ICF/IID's beds are from	23523
a downsized ICF/IID and the downsized ICF/IID has either of the	23524
following on the day it becomes a downsized ICF/IID:	23525

(a) A medicaid-certified capacity that is at least ten per	23526
cent less than its medicaid-certified capacity on the day	23527
immediately preceding the day it becomes a downsized ICF/IID;	23528

(b) At least five fewer beds certified as ICF/IID beds than	23529
it has on the day immediately preceding the day it becomes a	23530
downsized ICF/IID.	23531

(B) A cost report filed under division (A) of this section	23532
shall cover the period that begins and ends as follows:	23533

(1) In the case of an ICF/IID that becomes a downsized	23534
ICF/IID or partially converted ICF/IID:	23535

(a) The period begins with the day that the ICF/IID becomes a	23536
downsized ICF/IID or partially converted ICF/IID.	23537

(b) The period ends on the last day of the last month of the	23538
first three full months of operation as a downsized ICF/IID or	23539
partially converted ICF/IID.	23540

(2) In the case of a new ICF/IID:

23541

(a) The period begins with the day that the provider	23542
agreement for the ICF/IID takes effect.	23543

(b) The period ends on the last day of the last month of the	23544
first three full months that the provider agreement is in effect.	23545

(C) The department shall refuse to accept a cost report filed	23546
under division (A) of this section if either of the following	23547
apply:	23548

(1) Except as provided in division (E) of section 5124.10 of	23549
the Revised Code, the provider fails to file the cost report with	23550
the department not later than ninety days after the last day of	23551
the period the cost report covers;	23552

(2) The cost report is incomplete or inadequate.

23553

(D) If the department accepts a cost report filed under	23554
division (A) of this section, the department shall use that cost	23555
report, rather than the cost report that otherwise would be used	23556
pursuant to section 5124.17, 5124.19, 5124.21, or 5124.23 of the	23557
Revised Code, to determine the ICF/IID's medicaid payment rate in	23558
accordance with this chapter for ICF/IID services the ICF/IID	23559
provides during the period that begins and ends as follows:	23560

(1) The period begins on the following:

23561

(a) In the case of an ICF/IID that becomes a downsized	23562
ICF/IID or partially converted ICF/IID:	23563

(i) The day that the ICF/IID becomes a downsized ICF/IID or	23564
partially converted ICF/IID if that day is the first day of a	23565
month;	23566

(ii) The first day of the month immediately following the	23567
month that the ICF/IID becomes a downsized ICF/IID or partially	23568
converted ICF/IID if division (D)(1)(a)(i) of this section does	23569
not apply.	23570

(b) In the case of a new ICF/IID, the day that the ICF/IID's	23571
provider agreement takes effect.	23572

(2) The period ends on the last day of the fiscal year that	23573
immediately precedes the fiscal year for which the ICF/IID begins	23574
to be paid a rate determined using a cost report that division (E)	23575
of this section requires be filed in accordance with division (A)	23576
of section 5124.10 of the Revised Code.	23577

(E)(1) If the department accepts a cost report filed under	23578
division (A) of this section for an ICF/IID that becomes a	23579
downsized ICF/IID or partially converted ICF/IID on or before the	23580
first day of October of a calendar year, or for a new ICF/IID that	23581
has a provider agreement that takes effect on or before that date,	23582
the provider also shall file a cost report for the ICF/IID in	23583
accordance with division (A) of section 5124.10 of the Revised	23584
Code for the portion of that calendar year that the ICF/IID	23585
operated as a downsized ICF/IID or partially converted ICF/IID or,	23586
in the case of a new ICF/IID, for the portion that the provider	23587
agreement was in effect.	23588

(2) If the department accepts a cost report filed under	23589
division (A) of this section for an ICF/IID that becomes a	23590
downsized ICF/IID or partially converted ICF/IID after the first	23591
day of October of a calendar year, or for a new ICF/IID that has a	23592
provider agreement that takes effect on or after that date, the	23593
provider is not required to file a cost report for that calendar	23594
year in accordance with division (A) of section 5124.10 of the	23595
Revised Code. The provider shall file a cost report for the	23596
ICF/IID in accordance with division (A) of section 5124.10 of the	23597
Revised Code for the immediately following calendar year.	23598

Sec. 5124.106. (A) If an ICF/IID provider required by	23599
section 5124.10 of the Revised Code to file a cost report for the	23600
ICF/IID fails to file the cost report by the date it is due or the	23601
date, if any, to which the due date is extended pursuant to	23602
division (E) of that section, or files an incomplete or inadequate	23603
report for the ICF/IID under that section, the department of	23604
developmental disabilities shall ~~provide immediate~~do both of the	23605
following:	23606

(1) Give written notice to the provider that the provider	23607
agreement for the ICF/IID will be terminated in thirty days unless	23608
the provider submits a complete and adequate cost report for the	23609
ICF/IID within thirty days~~. During the thirty-day termination~~	23610
~~period or any additional time allowed for an appeal of the~~	23611
~~proposed termination of a provider agreement, the provider shall~~	23612
~~be paid the ICF/IID's then current per medicaid day payment rate,~~	23613
~~minus the dollar amount by which ICFs/IID's per medicaid day~~	23614
~~payment rates are reduced during fiscal year 2013 in accordance~~	23615
~~with division (A)(2) of section 5111.26 of the Revised Code~~	23616
~~(renumbered as section 5165.10 of the Revised Code by H.B. 59 of~~	23617
~~the 130th general assembly) as that section existed on the day~~	23618
~~immediately preceding the effective date of this section. On the~~	23619
~~first day of each July, the department shall adjust the amount of~~	23620
~~the reduction in effect during the previous twelve months to~~	23621
~~reflect the rate of inflation during the preceding twelve months~~;	23622

(2) Reduce the per medicaid day payment rate for the	23623
provider's ICF/IID by the amount specified in division (B) of this	23624
section for the period of time specified in division (C) of this	23625
section.	23626

(B) For the purpose of division (A)(2) of this section, an	23627
ICF/IID's per medicaid day payment rate shall be reduced by the	23628
following amount:	23629

(1) In the case of a reduction made during the period	23630
beginning on the effective date of this amendment and ending on	23631
the first day of the first fiscal year beginning after the	23632
effective date of this amendment, two dollars;	23633

(2) In the case of a reduction made during the first fiscal	23634
year beginning after the effective date of this amendment and each	23635
fiscal year thereafter, the amount of the reduction in effect on	23636
the last day of the fiscal year immediately preceding the fiscal	23637
year in which the reduction is made adjusted by the rate of	23638
inflation during that immediately preceding fiscal year, as shown	23639
in the consumer price index for all items for all urban consumers	23640
for the midwest region, published by the United States bureau of	23641
labor statistics.	23642

(C) The period of time that an ICF/IID's per medicaid day	23643
payment rate is reduced under this section shall begin and end as	23644
follows:	23645

(1) The period shall begin on the following date:

23646

(a) The day immediately following the date the cost report is	23647
due or to which the due date is extended, as applicable, if the	23648
reduction is made because the provider fails to file a cost report	23649
by that date;	23650

(b) The day the department gives the provider written notice	23651
under division (A)(1) of this section of the proposed provider	23652
agreement termination, if the reduction is made because the	23653
provider files an incomplete or inadequate cost report.	23654

(2) The period shall end on the last day of the thirty-day	23655
period specified in the notice given under division (A)(1) of this	23656
section or any additional period allowed for an appeal of the	23657
proposed provider agreement termination.	23658

Sec. 5124.15. (A) Except as otherwise provided by sections	23659
5124.151 to 5124.154 of the Revised Code and ~~division~~divisions	23660
(B) and (C) of this section, the total per medicaid day payment	23661
rate that the department of developmental disabilities shall pay	23662
to an ICF/IID provider for ICF/IID services the provider's ICF/IID	23663
provides during a fiscal year shall equal the sum of all of the	23664
following:	23665

(1) The per medicaid day payment rate for capital costs	23666
determined for the ICF/IID under section 5124.17 of the Revised	23667
Code;	23668

(2) The per medicaid day payment rate for direct care costs	23669
determined for the ICF/IID under section 5124.19 of the Revised	23670
Code;	23671

(3) The per medicaid day payment rate for indirect care costs	23672
determined for the ICF/IID under section 5124.21 of the Revised	23673
Code;	23674

(4) The per medicaid day payment rate for other protected	23675
costs determined for the ICF/IID under section 5124.23 of the	23676
Revised Code.	23677

(B) The total per medicaid day payment rate for an ICF/IID in	23678
peer group 3 shall not exceed the average total per medicaid day	23679
payment rate in effect on July 1, 2013, for developmental centers.	23680

(C) The department shall adjust the total rate otherwise	23681
determined under division (A) of this section as directed by the	23682
general assembly through the enactment of law governing medicaid	23683
payments to ICF/IID providers.	23684

~~(C)~~(D) In addition to paying an ICF/IID provider the total	23685
rate determined for the provider's ICF/IID under divisions (A)	23686
~~and~~, (B), and (C) of this section for a fiscal year, the	23687
department, in accordance with section 5124.25 of the Revised	23688
Code, may pay the provider a rate add-on for pediatric	23689
ventilator-dependent outlier ICF/IID services if the rate add-on	23690
is to be paid under that section and the department approves the	23691
provider's application for the rate add-on. The rate add-on is not	23692
to be part of the ICF/IID's total rate.	23693

Sec. 5124.151. (A) The total per medicaid day payment rate	23694
determined under section 5124.15 of the Revised Code shall not be	23695
the initial rate for ICF/IID services provided by a new ICF/IID.	23696
Instead, the initial total per medicaid day payment rate for	23697
ICF/IID services provided by a new ICF/IID shall be determined in	23698
accordance with this section.	23699

(B) The initial total medicaid day payment rate for ICF/IID	23700
services provided by a new ICF/IID in peer group 1 or peer group 2	23701
shall be determined in the following manner:	23702

(1) The initial rate for capital costs shall be determined	23703
under section 5124.17 of the Revised Code using the greater of the	23704
new ICF/IID's actual inpatient days or an imputed occupancy rate	23705
of eighty per cent.	23706

(2) The initial rate for direct care costs shall be	23707
determined as follows:	23708

(a) If there are no cost or resident assessment data for the	23709
new ICF/IID as necessary to determine a rate under section 5124.19	23710
of the Revised Code, the rate shall be determined as follows:	23711

(i) Determine the median cost per case-mix unit under	23712
division (B) of section 5124.19 of the Revised Code for the new	23713
ICF/IID's peer group for the calendar year immediately preceding	23714
the fiscal year in which the rate will be paid;	23715

(ii) Multiply the amount determined under division	23716
~~(A)~~(B)(2)(a)(i) of this section by the median annual average	23717
case-mix score for the new ICF/IID's peer group for that period;	23718

(iii) Adjust the product determined under division	23719
~~(A)~~(B)(2)(a)(ii) of this section by the rate of inflation	23720
estimated under division (D) of section 5124.19 of the Revised	23721
Code.	23722

(b) If the new ICF/IID is a replacement ICF/IID and the	23723
ICF/IID or ICFs/IID that are being replaced are in operation	23724
immediately before the new ICF/IID opens, the rate shall be the	23725
same as the rate for the replaced ICF/IID or ICFs/IID,	23726
proportionate to the number of ICF/IID beds in each replaced	23727
ICF/IID.	23728

(c) If the new ICF/IID is a replacement ICF/IID and the	23729
ICF/IID or ICFs/IID that are being replaced are not in operation	23730
immediately before the new ICF/IID opens, the rate shall be	23731
determined under division ~~(A)~~(B)(2)(a) of this section.	23732

(3) The initial rate for indirect care costs shall be the	23733
maximum rate for the new ICF/IID's peer group as determined for	23734
the fiscal year in accordance with division (C) of section 5124.21	23735
of the Revised Code.	23736

(4) The initial rate for other protected costs shall be one	23737
hundred fifteen per cent of the median rate for ICFs/IID	23738
determined for the fiscal year under section 5124.23 of the	23739
Revised Code.	23740

~~(B)~~(C) The initial total medicaid day payment rate for	23741
ICF/IID services provided by a new ICF/IID in peer group 3 shall	23742
be determined in the following manner:	23743

(1) The initial rate for capital costs shall be $29.61.

23744

(2) The initial rate for direct care costs shall be $264.89.

23745

(3) The initial rate for indirect care costs shall be $59.85.

23746

(4) The initial rate for other protected costs shall be	23747
$25.99.	23748

(D)(1) Except as provided in division ~~(B)~~(D)(2) of this	23749
section, the department shall adjust a new ICF/IID's initial total	23750
per medicaid day payment rate determined under this section	23751
effective the first day of July, to reflect new rate	23752
determinations for all ICFs/IID under this chapter.	23753

(2) If the department accepts, under division (A) of section	23754
5124.101 of the Revised Code, a cost report filed by the provider	23755
of a new ICF/IID, the department shall adjust the ICF/IID's	23756
initial total per medicaid day payment rate in accordance with	23757
divisions (D) and (E) of that section rather than division	23758
~~(B)~~(D)(1) of this section.	23759

Sec. 5124.17. (A) For each fiscal year, the department of	23760
developmental disabilities shall determine each ICF/IID's per	23761
medicaid day payment rate for reasonable capital costs. Except as	23762
otherwise provided in this chapter, an ICF/IID's rate shall be	23763
determined prospectively and based on the ICF/IID's capital costs	23764
for the calendar year preceding the fiscal year in which the rate	23765
will be paid. Subject to section 5124.28 of the Revised Code, an	23766
ICF/IID's rate shall equal the sum of the following:	23767

(1) The ICF/IID's desk-reviewed, actual, allowable, per diem	23768
costs of ownership for the immediately preceding cost reporting	23769
period, limited as provided in divisions (B) ~~and~~, (C), and (D) of	23770
this section;	23771

(2) The ICF/IID's per medicaid day payment for the ICF/IID's	23772
per diem capitalized costs of nonextensive renovations determined	23773
under division ~~(D)~~(E)(1) of this section if the ICF/IID qualifies	23774
for a payment for such costs as specified in division ~~(D)~~(E)(2) of	23775
this section;	23776

(3) The ICF/IID's per medicaid day efficiency incentive	23777
determined under division ~~(E)~~(F) of this section;	23778

~~(4) Until fiscal year 2015, the ICF/IID's return on net~~	23779
~~equity determined under division (F) of this section~~.	23780

(B) The costs of ownership per diem payment rates for	23781
ICFs/IID ~~with more than eight beds~~in peer group 1 shall not	23782
exceed the following limits as adjusted for inflation in	23783
accordance with division (G) of this section:	23784

(1) For ICFs/IID with dates of licensure prior to January 1,	23785
l958, not exceeding two dollars and fifty cents;	23786

(2) For ICFs/IID with dates of licensure after December 31,	23787
l957, but prior to January 1, l968, not exceeding:	23788

(a) Three dollars and fifty cents if the cost of construction	23789
was three thousand five hundred dollars or more per bed;	23790

(b) Two dollars and fifty cents if the cost of construction	23791
was less than three thousand five hundred dollars per bed.	23792

(3) For ICFs/IID with dates of licensure after December 31,	23793
l967, but prior to January 1, l976, not exceeding:	23794

(a) Four dollars and fifty cents if the cost of construction	23795
was five thousand one hundred fifty dollars or more per bed;	23796

(b) Three dollars and fifty cents if the cost of construction	23797
was less than five thousand one hundred fifty dollars per bed, but	23798
exceeds three thousand five hundred dollars per bed;	23799

(c) Two dollars and fifty cents if the cost of construction	23800
was three thousand five hundred dollars or less per bed.	23801

(4) For ICFs/IID with dates of licensure after December 31,	23802
l975, but prior to January 1, l979, not exceeding:	23803

(a) Five dollars and fifty cents if the cost of construction	23804
was six thousand eight hundred dollars or more per bed;	23805

(b) Four dollars and fifty cents if the cost of construction	23806
was less than six thousand eight hundred dollars per bed but	23807
exceeds five thousand one hundred fifty dollars per bed;	23808

(c) Three dollars and fifty cents if the cost of construction	23809
was five thousand one hundred fifty dollars or less per bed, but	23810
exceeds three thousand five hundred dollars per bed;	23811

(d) Two dollars and fifty cents if the cost of construction	23812
was three thousand five hundred dollars or less per bed.	23813

(5) For ICFs/IID with dates of licensure after December 31,	23814
l978, but prior to January 1, l980, not exceeding:	23815

(a) Six dollars if the cost of construction was seven	23816
thousand six hundred twenty-five dollars or more per bed;	23817

(b) Five dollars and fifty cents if the cost of construction	23818
was less than seven thousand six hundred twenty-five dollars per	23819
bed but exceeds six thousand eight hundred dollars per bed;	23820

(c) Four dollars and fifty cents if the cost of construction	23821
was six thousand eight hundred dollars or less per bed but exceeds	23822
five thousand one hundred fifty dollars per bed;	23823

(d) Three dollars and fifty cents if the cost of construction	23824
was five thousand one hundred fifty dollars or less but exceeds	23825
three thousand five hundred dollars per bed;	23826

(e) Two dollars and fifty cents if the cost of construction	23827
was three thousand five hundred dollars or less per bed.	23828

(6) For ICFs/IID with dates of licensure after December 31,	23829
1979, but prior to January 1, 1981, not exceeding:	23830

(a) Twelve dollars if the beds were originally licensed as	23831
residential facility beds by the department of developmental	23832
disabilities;	23833

(b) Six dollars if the beds were originally licensed as	23834
nursing home beds by the department of health.	23835

(7) For ICFs/IID with dates of licensure after December 31,	23836
1980, but prior to January 1, 1982, not exceeding:	23837

(a) Twelve dollars if the beds were originally licensed as	23838
residential facility beds by the department of developmental	23839
disabilities;	23840

(b) Six dollars and forty-five cents if the beds were	23841
originally licensed as nursing home beds by the department of	23842
health.	23843

(8) For ICFs/IID with dates of licensure after December 31,	23844
1981, but prior to January 1, 1983, not exceeding:	23845

(a) Twelve dollars if the beds were originally licensed as	23846
residential facility beds by the department of developmental	23847
disabilities;	23848

(b) Six dollars and seventy-nine cents if the beds were	23849
originally licensed as nursing home beds by the department of	23850
health.	23851

(9) For ICFs/IID with dates of licensure after December 31,	23852
1982, but prior to January 1, 1984, not exceeding:	23853

(a) Twelve dollars if the beds were originally licensed as	23854
residential facility beds by the department of developmental	23855
disabilities;	23856

(b) Seven dollars and nine cents if the beds were originally	23857
licensed as nursing home beds by the department of health.	23858

(10) For ICFs/IID with dates of licensure after December 31,	23859
1983, but prior to January 1, 1985, not exceeding:	23860

(a) Twelve dollars and twenty-four cents if the beds were	23861
originally licensed as residential facility beds by the department	23862
of developmental disabilities;	23863

(b) Seven dollars and twenty-three cents if the beds were	23864
originally licensed as nursing home beds by the department of	23865
health.	23866

(11) For ICFs/IID with dates of licensure after December 31,	23867
1984, but prior to January 1, 1986, not exceeding:	23868

(a) Twelve dollars and fifty-three cents if the beds were	23869
originally licensed as residential facility beds by the department	23870
of developmental disabilities;	23871

(b) Seven dollars and forty cents if the beds were originally	23872
licensed as nursing home beds by the department of health.	23873

(12) For ICFs/IID with dates of licensure after December 31,	23874
1985, but prior to January 1, 1987, not exceeding:	23875

(a) Twelve dollars and seventy cents if the beds were	23876
originally licensed as residential facility beds by the department	23877
of developmental disabilities;	23878

(b) Seven dollars and fifty cents if the beds were originally	23879
licensed as nursing home beds by the department of health.	23880

(13) For ICFs/IID with dates of licensure after December 31,	23881
1986, but prior to January 1, 1988, not exceeding:	23882

(a) Twelve dollars and ninety-nine cents if the beds were	23883
originally licensed as residential facility beds by the department	23884
of developmental disabilities;	23885

(b) Seven dollars and sixty-seven cents if the beds were	23886
originally licensed as nursing home beds by the department of	23887
health.	23888

(14) For ICFs/IID with dates of licensure after December 31,	23889
1987, but prior to January 1, 1989, not exceeding thirteen dollars	23890
and twenty-six cents;	23891

(15) For ICFs/IID with dates of licensure after December 31,	23892
1988, but prior to January 1, 1990, not exceeding thirteen dollars	23893
and forty-six cents;	23894

(16) For ICFs/IID with dates of licensure after December 31,	23895
1989, but prior to January 1, 1991, not exceeding thirteen dollars	23896
and sixty cents;	23897

(17) For ICFs/IID with dates of licensure after December 31,	23898
1990, but prior to January 1, 1992, not exceeding thirteen dollars	23899
and forty-nine cents;	23900

(18) For ICFs/IID with dates of licensure after December 31,	23901
1991, but prior to January 1, 1993, not exceeding thirteen dollars	23902
and sixty-seven cents;	23903

(19) For ICFs/IID with dates of licensure after December 31,	23904
1992, not exceeding fourteen dollars and twenty-eight cents.	23905

(C)(1) The costs of ownership per diem payment rate for an	23906
ICF/IID ~~with eight or fewer beds~~in peer group 2 shall not exceed	23907
the following limits:	23908

(a) Eighteen dollars and thirty cents as adjusted for	23909
inflation pursuant to division (C)(2) of this section if any of	23910
the following apply to the ICF/IID:	23911

(i) The ICF/IID has a date of licensure, or was granted	23912
project authorization by the department of developmental	23913
disabilities, before July 1, 1993.	23914

(ii) The ICF/IID has a date of licensure, or was granted	23915
project authorization by the department, on or after July 1, 1993,	23916
and the provider demonstrates that the provider made substantial	23917
commitments of funds for the ICF/IID before that date.	23918

(iii) The ICF/IID has a date of licensure, or was granted	23919
project authorization by the department, on or after July 1, 1993,	23920
the provider made no substantial commitment of funds for the	23921
ICF/IID before that date, and the department of job and family	23922
services or department of developmental disabilities gave prior	23923
approval for the ICF/IID's construction.	23924

(b) If division (C)(1)(a) of this section does not apply to	23925
the ICF/IID, the amount that would apply to the ICF/IID under	23926
division (B) of this section if it ~~had more than eight beds~~were	23927
in peer group 1.	23928

(2) The eighteen-dollar and thirty-cent payment rate	23929
specified in division (C)(1)(a) of this section shall be increased	23930
as follows:	23931

(a) For the period beginning June 30, 1990, and ending July	23932
1, 1993, by the change in the "Dodge building cost indexes,	23933
northeastern and north central states," published by Marshall and	23934
Swift;	23935

(b) For each fiscal year thereafter, in accordance with	23936
division (G) of this section.	23937

(D) The costs of ownership per diem payment rate for an	23938
ICF/IID in peer group 3 shall not exceed the amount that is used	23939
for the purpose of division (C)(1)(a) of this section and is in	23940
effect on July 1, 2014. That rate shall be increased each fiscal	23941
year that begins after the effective date of this section in	23942
accordance with division (G) of this section.	23943

(E)(1) Beginning January 1, 1981, regardless of the original	23944
date of licensure, the payment rate for the per diem capitalized	23945
costs of nonextensive renovations made after January 1, l981, to a	23946
qualifying ICF/IID, shall not exceed six dollars per medicaid day	23947
using 1980 as the base year and adjusting the amount annually	23948
until June 30, 1993, for fluctuations in construction costs	23949
calculated by the department using the "Dodge building cost	23950
indexes, northeastern and north central states," published by	23951
Marshall and Swift. The payment rate shall be further adjusted in	23952
accordance with division (G) of this section. The payment provided	23953
for in this division is the only payment that shall be made for an	23954
ICF/IID's capitalized costs of nonextensive renovations. Costs of	23955
nonextensive renovations shall not be included in costs of	23956
ownership and shall not affect the date of licensure for purposes	23957
of division (B) or (C) of this section. This division applies to	23958
nonextensive renovations regardless of whether they are made by an	23959
owner or a lessee. If the tenancy of a lessee that has made	23960
nonextensive renovations ends before the depreciation expense for	23961
the costs of nonextensive renovations has been fully reported, the	23962
former lessee shall not report the undepreciated balance as an	23963
expense.	23964

(2) An ICF/IID qualifies for a payment for costs of	23965
nonextensive renovations if all of the following apply:	23966

(a) Either of the following applies:

23967

(i) The ICF/IID ~~has more than eight beds~~is in peer group 1	23968
and either the department approved the nonextensive renovation	23969
before July 1, 2013, or the nonextensive renovation is part of a	23970
project that results in the ICF/IID becoming a downsized ICF/IID	23971
or partially converted ICF/IID.	23972

(ii) The ICF/IID ~~has eight or fewer beds~~is in peer group 2	23973
or peer group 3.	23974

(b) At least five years have elapsed since the ICF/IID's date	23975
of licensure or date of an extensive renovation of the portion of	23976
the ICF/IID that is proposed to be nonextensively renovated,	23977
unless the nonextensive renovation is necessary to meet the	23978
requirements of federal, state, or local statutes, ordinances,	23979
rules, or policies.	23980

23981

(i) Submits to the department a plan that describes in detail	23982
the changes in capital assets to be accomplished by means of the	23983
nonextensive renovation and the timetable for completing the	23984
project, which shall be not more than eighteen months after the	23985
nonextensive renovation begins;	23986

(ii) Obtains prior approval from the department for the	23987
nonextensive renovation.	23988

(3) The director of developmental disabilities shall adopt	23989
rules under section 5124.03 of the Revised Code that specify	23990
criteria and procedures for prior approval of nonextensive	23991
renovation and extensive renovation projects. No provider shall	23992
separate a project with the intent to evade the characterization	23993
of the project as a nonextensive renovation or as an extensive	23994
renovation. No provider shall increase the scope of a project	23995
after it is approved by the department unless the increase in	23996
scope is approved by the department.	23997

~~(E)~~(F)(1) Subject to division ~~(E)~~(F)(2) of this section, an	23998
ICF/IID's per medicaid day efficiency incentive payment rate shall	23999
equal the following percentage of the difference between the	24000
ICF/IID's desk-reviewed, actual, allowable per diem costs of	24001
ownership and the applicable limit on costs of ownership payment	24002
rates established by division (B) of this section:	24003

(a) In the case of an ICF/IID ~~with more than eight beds~~in	24004
peer group 1, the following percentage:	24005

(i) ~~Fifty per cent for fiscal year 2014;~~

24006

~~(ii)~~ Fifty per cent ~~for fiscal year 2015 and each fiscal year~~	24007
~~thereafter~~ if the provider of the ICF/IID obtains the department's	24008
approval to become a downsized ICF/IID and the approval is	24009
conditioned on the downsizing being completed not later than July	24010
1, 2018;	24011

~~(iii)~~(ii) Twenty-five per cent if division (F)(1)(a)(i) of	24012
this section does not apply;	24013

(b) In the case of an ICF/IID ~~with eight or fewer beds~~in	24014
peer group 2 or peer group 3, fifty per cent.	24015

(2) The efficiency incentive payment rate for an ICF/IID ~~with~~	24016
~~eight or fewer beds~~in peer group 2 or peer group 3 shall not	24017
exceed three dollars per medicaid day, adjusted annually in	24018
accordance with division (G) of this section. For the purpose of	24019
determining an ICF/IID's efficiency incentive payment rate, both	24020
of the following apply:	24021

(a) Depreciation for costs paid or reimbursed by any	24022
government agency shall be considered as a cost of ownership;	24023

(b) The applicable limit under division (B) of this section	24024
shall apply ~~both~~ to all ICFs/IID ~~with more than eight beds and~~	24025
~~ICFs/IID with eight or fewer beds~~regardless of which peer group	24026
they are in.	24027

~~(F) An ICF/IID's return on net equity shall be determined at~~	24028
~~the rate of one and one-half times the average of interest rates~~	24029
~~on special issues of public debt obligations issued to the federal~~	24030
~~hospital insurance trust fund for the cost reporting period. In~~	24031
~~determining an ICF/IID's rate for return on net equity, the~~	24032
~~department shall use the greater of the ICF/IID's inpatient days~~	24033
~~during the applicable cost reporting period or the number of~~	24034
~~inpatient days the ICF/IID would have had during that period if~~	24035
~~the ICF/IID's occupancy rate had been ninety-five per cent. No~~	24036
~~ICF/IID's rate for return on net equity shall exceed one dollar~~	24037
~~per medicaid day. No ICF/IID's rate for capital costs shall~~	24038
~~include a rate for return on net equity beginning July 1, 2014.~~	24039

(G) The amounts specified in divisions (B), (C), (D), ~~and~~	24040
(E), and (F) of this section shall be adjusted beginning ~~July 1,~~	24041
~~1993,~~on the first day of each fiscal year for the estimated	24042
inflation rate for the twelve-month period beginning on the first	24043
day of July of the calendar year immediately preceding the	24044
calendar year that immediately precedes the fiscal year for which	24045
rate will be paid and ending on the thirtieth day of the following	24046
June, using the consumer price index for shelter costs for all	24047
urban consumers for the midwest region, as published by the United	24048
States bureau of labor statistics.	24049

(H) Notwithstanding divisions (C) and ~~(D)~~(E) of this section,	24050
the total payment rate for costs of ownership, capitalized costs	24051
of nonextensive renovations, and the efficiency incentive for an	24052
ICF/IID ~~with eight or fewer beds~~in peer group 2 shall not exceed	24053
the sum of the limitations specified in divisions (C) and ~~(D)~~(E)	24054
of this section. Notwithstanding divisions (D) and (E) of this	24055
section, the total payment rate for costs of ownership,	24056
capitalized costs of nonextensive renovations, and the efficiency	24057
incentive for an ICF/IID in peer group 3 shall not exceed the sum	24058
of the limitations specified in divisions (D) and (E) of this	24059
section.	24060

~~(H)~~

24061

(I)(1) For the purpose of determining ICFs/IID's medicaid	24062
payment rates for capital costs:	24063

(a) Buildings shall be depreciated using the straight line	24064
method over forty years or over a different period approved by the	24065
department.	24066

(b) Components and equipment shall be depreciated using the	24067
straight line method over a period designated by the director of	24068
developmental disabilities in rules adopted under section 5124.03	24069
of the Revised Code, consistent with the guidelines of the	24070
American hospital association, or over a different period approved	24071
by the department.	24072

(2) Any rules authorized by division (I)(1) of this section	24073
that specify useful lives of buildings, components, or equipment	24074
apply only to assets acquired on or after July 1, 1993.	24075
Depreciation for costs paid or reimbursed by any government agency	24076
shall not be included in costs of ownership or costs of	24077
nonextensive renovations unless that part of the payment under	24078
this chapter is used to reimburse the government agency.	24079

(J)(1) Except as provided in division (J)(2) of this section,	24080
if a provider leases or transfers an interest in an ICF/IID to	24081
another provider who is a related party, the related party's	24082
allowable costs of ownership shall include the lesser of the	24083
following:	24084

(a) The annual lease expense or actual cost of ownership,	24085
whichever is applicable;	24086

(b) The reasonable cost to the lessor or provider making the	24087
transfer.	24088

(2) If a provider leases or transfers an interest in an	24089
ICF/IID to another provider who is a related party, regardless of	24090
the date of the lease or transfer, the related party's allowable	24091
cost of ownership shall include the annual lease expense or actual	24092
cost of ownership, whichever is applicable, subject to the	24093
limitations specified in divisions (B) to (I) of this section, if	24094
all of the following conditions are met:	24095

(a) The related party is a relative of owner;

24096

(b) In the case of a lease, if the lessor retains any	24097
ownership interest, it is, except as provided in division	24098
(J)(2)(d)(ii) of this section, in only the real property and any	24099
improvements on the real property;	24100

(c) In the case of a transfer, the provider making the	24101
transfer retains, except as provided in division (J)(2)(d)(iv) of	24102
this section, no ownership interest in the ICF/IID;	24103

(d) The department determines that the lease or transfer is	24104
an arm's length transaction pursuant to rules adopted under	24105
section 5124.03 of the Revised Code. The rules shall provide that	24106
a lease or transfer is an arm's length transaction if all of the	24107
following, as applicable, apply:	24108

(i) In the case of a lease, once the lease goes into effect,	24109
the lessor has no direct or indirect interest in the lessee or,	24110
except as provided in division (J)(2)(b) of this section, the	24111
ICF/IID itself, including interest as an owner, officer, director,	24112
employee, independent contractor, or consultant, but excluding	24113
interest as a lessor.	24114

(ii) In the case of a lease, the lessor does not reacquire an	24115
interest in the ICF/IID except through the exercise of a lessor's	24116
rights in the event of a default. If the lessor reacquires an	24117
interest in the ICF/IID in this manner, the department shall treat	24118
the ICF/IID as if the lease never occurred when the department	24119
determines its payment rate for capital costs.	24120

(iii) In the case of a transfer, once the transfer goes into	24121
effect, the provider that made the transfer has no direct or	24122
indirect interest in the provider that acquires the ICF/IID or the	24123
ICF/IID itself, including interest as an owner, officer, director,	24124
employee, independent contractor, or consultant, but excluding	24125
interest as a creditor.	24126

(iv) In the case of a transfer, the provider that made the	24127
transfer does not reacquire an interest in the ICF/IID except	24128
through the exercise of a creditor's rights in the event of a	24129
default. If the provider reacquires an interest in the ICF/IID in	24130
this manner, the department shall treat the ICF/IID as if the	24131
transfer never occurred when the department determines its payment	24132
rate for capital costs.	24133

(v) The lease or transfer satisfies any other criteria	24134
specified in the rules.	24135

(e) Except in the case of hardship caused by a catastrophic	24136
event, as determined by the department, or in the case of a lessor	24137
or provider making the transfer who is at least sixty-five years	24138
of age, not less than twenty years have elapsed since, for the	24139
same ICF/IID, allowable cost of ownership was determined most	24140
recently under this division.	24141

Sec. 5124.19. (A)(1) For each fiscal year, the department of	24142
developmental disabilities shall determine each ICF/IID's per	24143
medicaid day payment rate for direct care costs as follows:	24144

(a) Multiply the lesser of the following by the ICF/IID's	24145
annual average case-mix score determined or assigned under section	24146
5124.192 of the Revised Code for the calendar year immediately	24147
preceding the fiscal year for which the rate will be paid:	24148

(i) The ICF/IID's cost per case-mix unit for the calendar	24149
year immediately preceding the fiscal year for which the rate will	24150
be paid, as determined under division (B) of this section;	24151

(ii) The maximum cost per case-mix unit for the ICF/IID's	24152
peer group for the fiscal year for which the rate will be paid, as	24153
set under division (C) of this section;	24154

(b) Adjust the product determined under division (A)(1)(a) of	24155
this section by the inflation rate estimated under division (D)(1)	24156
of this section and modified under division (D)(2) of this	24157
section.	24158

(2) Except as otherwise directed by law enacted by the	24159
general assembly, the department shall determine each ICF/IID's	24160
rate for direct care costs prospectively.	24161

(B) To determine an ICF/IID's cost per case-mix unit for the	24162
calendar year immediately preceding the fiscal year in which the	24163
rate will be paid, the department shall divide the ICF/IID's	24164
desk-reviewed, actual, allowable, per diem direct care costs for	24165
that calendar year by its annual average case-mix score determined	24166
under section 5124.192 of the Revised Code for the same calendar	24167
year.	24168

(C)(1) For each fiscal year for which a rate will be paid,	24169
the department shall set the maximum cost per case-mix unit for	24170
~~each peer group of~~ ICFs/IID ~~with more than eight beds~~in peer	24171
group 1 at a percentage above the cost per case-mix unit	24172
determined under division (B) of this section for the ICF/IID in	24173
~~the~~ peer group 1 that has the peer group's median number of	24174
medicaid days for the calendar year immediately preceding the	24175
fiscal year in which the rate will be paid. The percentage shall	24176
be no less than ~~the percentage above the cost per case-mix unit~~	24177
~~determined under division (B) of this section for the ICF/IID that~~	24178
~~has the median number of medicaid days for calendar year 1992 for~~	24179
~~all ICFs/IID with more than eight beds that would result in~~	24180
~~payment of all desk-reviewed, actual, allowable direct care costs~~	24181
~~for eighty and one-half per cent of the medicaid days for such~~	24182
~~ICFs/IID for calendar year 1992~~twenty-two and forty-six	24183
hundredths per cent.	24184

(2) For each fiscal year for which a rate will be paid, the	24185
department shall set the maximum cost per case-mix unit for ~~each~~	24186
~~peer group of~~ ICFs/IID ~~with eight or fewer beds~~in peer group 2 at	24187
a percentage above the cost per case-mix unit determined under	24188
division (B) of this section for the ICF/IID in ~~the~~ peer group 2	24189
that has the peer group's median number of medicaid days for the	24190
calendar year immediately preceding the fiscal year in which the	24191
rate will be paid. The percentage shall be no less than ~~the~~	24192
~~percentage above the cost per case-mix unit determined under~~	24193
~~division (B) of this section for the ICF/IID that has the median~~	24194
~~number of medicaid days for calendar year 1992 for all ICFs/IID~~	24195
~~with eight or fewer beds that would result in payment of all~~	24196
~~desk-reviewed, actual, allowable direct care costs for eighty and~~	24197
~~one-half per cent of the medicaid days for such ICFs/IID for~~	24198
~~calendar year 1992~~eighteen and eight-tenths per cent.	24199

(3) For each fiscal year for which a rate will be paid, the	24200
department shall set the maximum cost per case-mix unit for	24201
ICFs/IID in peer group 3 at the ninety-fifth percentile of all	24202
ICFs/IID in peer group 3 for the calendar year immediately	24203
preceding the fiscal year in which the rate will be paid.	24204

(4) In determining the maximum cost per case-mix unit under	24205
divisions (C)(1) and (2) of this section for ~~each~~ peer group 1 and	24206
peer group 2, the department shall exclude from its determinations	24207
the cost per case-mix unit of any ICF/IID in ~~the~~ peer group 1 or	24208
peer group 2 that participated in the medicaid program under the	24209
same provider for less than twelve months during the calendar year	24210
immediately preceding the fiscal year in which the rate will be	24211
paid.	24212

~~(4)~~(5) The department shall not reset a peer group's maximum	24213
cost per case-mix unit for a fiscal year under division (C)(1) or,	24214
(2), or (3) of this section based on additional information that	24215
it receives after it sets the maximum for that fiscal year. The	24216
department shall reset a peer group's maximum cost per case-mix	24217
unit for a fiscal year only if it made an error in setting the	24218
maximum for that fiscal year based on information available to the	24219
department at the time it originally sets the maximum for that	24220
fiscal year.	24221

(D)(1) The department shall estimate the rate of inflation	24222
for the eighteen-month period beginning on the first day of July	24223
of the calendar year preceding the fiscal year in which a rate	24224
will be paid and ending on the thirty-first day of December of the	24225
fiscal year in which the rate will be paid, using the following:	24226

(a) Subject to division (D)(1)(b) of this section, the	24227
employment cost index for total compensation, health care and	24228
social assistance component, published by the United States bureau	24229
of labor statistics;	24230

(b) If the United States bureau of labor statistics ceases to	24231
publish the index specified in division (D)(1)(a) of this section,	24232
the index that is subsequently published by the bureau and covers	24233
the staff costs of ICFs/IID.	24234

(2) If the estimated inflation rate for the eighteen-month	24235
period specified in division (D)(1) of this section is different	24236
from the actual inflation rate for that period, as measured using	24237
the same index, the difference shall be added to or subtracted	24238
from the inflation rate estimated under division (D)(1) of this	24239
section for the following fiscal year.	24240

~~(E) The director of developmental disabilities shall adopt~~	24241
~~rules under section 5124.03 of the Revised Code that specify peer~~	24242
~~groups of ICFs/IID with more than eight beds and peer groups of~~	24243
~~ICFs/IID with eight or fewer beds, based on findings of~~	24244
~~significant per diem direct care cost differences due to geography~~	24245
~~and bed-size. The rules also may specify peer groups based on~~	24246
~~findings of significant per diem direct care cost differences due~~	24247
~~to other factors which may include case-mix.~~	24248

Sec. 5124.21. (A) For each fiscal year, the department of	24249
developmental disabilities shall determine each ICF/IID's per	24250
medicaid day payment rate for indirect care costs. Except as	24251
otherwise provided in this chapter, an ICF/IID's rate shall be	24252
determined prospectively. Subject to section 5124.28 of the	24253
Revised Code, an ICF/IID's rate shall be the lesser of the	24254
individual rate determined under division (B) of this section and	24255
the maximum rate determined for the ICF/IID's peer group under	24256
division (C) of this section.	24257

(B) An ICF/IID's individual rate is the sum of the following:

24258

(1) The ICF/IID's desk-reviewed, actual, allowable, per diem	24259
indirect care costs from the calendar year immediately preceding	24260
the fiscal year in which the rate will be paid, adjusted for the	24261
inflation rate estimated under division ~~(D)~~(E)(1) of this section;	24262

(2) ~~If the ICF/IID has more than eight beds~~Subject to	24263
division (D) of this section, an efficiency incentive ~~in the~~	24264
~~following amount:~~	24265

~~(a) For fiscal year 2014, seven and one-tenth per cent of the~~	24266
~~maximum rate established for the ICF/IID's peer group under~~	24267
~~division (C) of this section;~~	24268

~~(b) For fiscal year 2015, the following amount:~~

24269

~~(i) The amount calculated for fiscal year 2014 under division~~	24270
~~(B)(2)(a) of this section if the provider of the ICF/IID obtains~~	24271
~~the department's approval to become a downsized ICF/IID and the~~	24272
~~approval is conditioned on the downsizing being completed not~~	24273
~~later than July 1, 2018;~~	24274

~~(ii) One-half of the amount calculated for fiscal year 2014~~	24275
~~under division (B)(2)(a) of this section if division (B)(2)(b)(i)~~	24276
~~of this section does not apply to the ICF/IID~~equal to the	24277
difference between the amount of the per diem indirect care costs	24278
determined for the ICF/IID under division (B)(1) of this section	24279
for the fiscal year in which the rate will be paid and the maximum	24280
rate established for the ICF/IID's peer group under division (C)	24281
of this section for that fiscal year.	24282

~~(c) For fiscal year 2016 and each fiscal year thereafter~~	24283
~~ending in an even-numbered calendar year, the following~~	24284
~~percentages of the maximum rate established for the ICF/IID's peer~~	24285
~~group under division (C) of this section:~~	24286

~~(i) Seven and one-tenth per cent if the provider of the~~	24287
~~ICF/IID obtains the department's approval to become a downsized~~	24288
~~ICF/IID and the approval is conditioned on the downsizing being~~	24289
~~completed not later than July 1, 2018;~~	24290

~~(ii) Three and fifty-five hundredths per cent if division~~	24291
~~(B)(2)(c)(i) of this section does not apply to the ICF/IID.~~	24292

~~(d) For fiscal year 2017 and each fiscal year thereafter~~	24293
~~ending in an odd-numbered calendar year, the amount calculated for~~	24294
~~the immediately preceding fiscal year under division (B)(2)(c) of~~	24295
~~this section.~~	24296

~~(3) If the ICF/IID has eight or fewer beds, an efficiency~~	24297
~~incentive in the following amount:~~	24298

~~(a) For each fiscal year ending in an even-numbered calendar~~	24299
~~year, seven per cent of the maximum rate established for the~~	24300
~~ICF/IID's peer group under division (C) of this section;~~	24301

~~(b) For each fiscal year ending in an odd-numbered calendar~~	24302
~~year, the amount calculated for the immediately preceding fiscal~~	24303
~~year under division (B)(3)(a) of this section.~~	24304

(C)(1) The maximum rate for indirect care costs for each ~~peer~~	24305
~~group of ICFs/IID with more than eight beds~~ICF/IID in peer group	24306
1 shall be determined as follows:	24307

(a) For each fiscal year ending in an even-numbered calendar	24308
year, the maximum rate for ~~each such~~ICFs/IID in peer group 1	24309
shall be the rate that is no less than twelve and four-tenths per	24310
cent above the median desk-reviewed, actual, allowable, per diem	24311
indirect care cost for all ICFs/IID in ~~the~~ peer group 1 (excluding	24312
ICFs/IID in ~~the~~ peer group 1 whose indirect care costs for that	24313
period are more than three standard deviations from the mean	24314
desk-reviewed, actual, allowable, per diem indirect care cost for	24315
all ICFs/IID ~~with more than eight beds~~in peer group 1) for the	24316
calendar year immediately preceding the fiscal year in which the	24317
rate will be paid, adjusted by the inflation rate estimated under	24318
division ~~(D)~~(E)(1) of this section.	24319

(b) For each fiscal year ending in an odd-numbered calendar	24320
year, the maximum rate for ~~each such~~ICFs/IID in peer group 1 is	24321
the ~~peer group's~~ maximum rate for ICFs/IID in peer group 1 for the	24322
previous fiscal year, adjusted for the inflation rate estimated	24323
under division ~~(D)~~(E)(2) of this section.	24324

(2) The maximum rate for indirect care costs for ~~each peer~~	24325
~~group of~~ ICFs/IID ~~with eight or fewer beds~~in peer group 2 or peer	24326
group 3 shall be determined as follows:	24327

(a) For each fiscal year ending in an even-numbered calendar	24328
year, the maximum rate for ~~each such~~ICFs/IID in peer group 2 or	24329
peer group 3 shall be the rate that is no less than ten and	24330
three-tenths per cent above the median desk-reviewed, actual,	24331
allowable, per diem indirect care cost for all ICFs/IID in ~~the~~	24332
peer group 2 or peer group 3 (excluding ICFs/IID in ~~the~~ peer group	24333
2 or peer group 3 whose indirect care costs are more than three	24334
standard deviations from the mean desk-reviewed, actual,	24335
allowable, per diem indirect care cost for all ICFs/IID ~~with eight~~	24336
~~or fewer beds~~in peer group 2 or peer group 3) for the calendar	24337
year immediately preceding the fiscal year in which the rate will	24338
be paid, adjusted by the inflation rate estimated under division	24339
~~(D)~~(E)(1) of this section.	24340

(b) For each fiscal year ending in an odd-numbered calendar	24341
year, the maximum rate for ~~each such~~ICFs/IID in peer group 2 or	24342
peer group 3 is the ~~peer group's~~ maximum rate for ICFs/IID in peer	24343
group 2 or peer group 3 for the previous fiscal year, adjusted for	24344
the inflation rate estimated under division ~~(D)~~(E)(2) of this	24345
section.	24346

(3) The department shall not redetermine a maximum rate for	24347
indirect care costs under division (C)(1) or (2) of this section	24348
based on additional information that it receives after the maximum	24349
rate is set. The department shall redetermine the maximum rate for	24350
indirect care costs only if it made an error in computing the	24351
maximum rate based on the information available to the department	24352
at the time of the original calculation.	24353

(D)(1) The efficiency incentive for an ICF/IID in peer group	24354
1 shall not exceed the following:	24355

(a) For fiscal year 2014, seven and one-tenth per cent of the	24356
maximum rate established for ICFs/IID in peer group 1 under	24357
division (C) of this section;	24358

(b) For fiscal year 2015, the following amount:

24359

(i) The amount calculated for fiscal year 2014 under division	24360
(D)(1)(a) of this section if the provider of the ICF/IID obtains	24361
the department's approval to become a downsized ICF/IID and the	24362
approval is conditioned on the downsizing being completed not	24363
later than July 1, 2018;	24364

(ii) One-half of the amount calculated for fiscal year 2014	24365
under division (D)(1)(a) of this section if division (D)(1)(b)(i)	24366
of this section does not apply to the ICF/IID.	24367

(c) For fiscal year 2016 and each fiscal year thereafter	24368
ending in an even-numbered calendar year, the following	24369
percentages of the maximum rate established for ICFs/IID in peer	24370
group 1 under division (C) of this section:	24371

(i) Seven and one-tenth per cent if the provider of the	24372
ICF/IID obtains the department's approval to become a downsized	24373
ICF/IID and the approval is conditioned on the downsizing being	24374
completed not later than July 1, 2018;	24375

(ii) Three and fifty-five hundredths per cent if division	24376
(D)(1)(c)(i) of this section does not apply to the ICF/IID.	24377

(d) For fiscal year 2017 and each fiscal year thereafter	24378
ending in an odd-numbered calendar year, the amount calculated for	24379
the immediately preceding fiscal year under division (D)(1)(c) of	24380
this section.	24381

(2) The efficiency incentive for an ICF/IID in peer group 2	24382
or peer group 3 shall not exceed the following:	24383

(a) For each fiscal year ending in an even-numbered calendar	24384
year, seven per cent of the maximum rate established for ICFs/IID	24385
in peer group 2 or peer group 3 under division (C) of this	24386
section;	24387

(b) For each fiscal year ending in an odd-numbered calendar	24388
year, the amount calculated for the immediately preceding fiscal	24389
year under division (D)(2)(a) of this section.	24390

(E)(1) When adjusting rates for inflation under divisions	24391
(B)(1), (C)(1)(a), and (C)(2)(a) of this section, the department	24392
shall estimate the rate of inflation for the eighteen-month period	24393
beginning on the first day of July of the calendar year	24394
immediately preceding the fiscal year in which the rate will be	24395
paid and ending on the thirty-first day of December of the fiscal	24396
year in which the rate will be paid. To estimate the rate of	24397
inflation, the department shall use the following:	24398

(a) Subject to division ~~(D)~~(E)(1)(b) of this section, the	24399
consumer price index for all items for all urban consumers for the	24400
midwest region, published by the United States bureau of labor	24401
statistics;	24402

(b) If the United States bureau of labor statistics ceases to	24403
publish the index specified in division ~~(D)~~(E)(1)(a) of this	24404
section, a comparable index that the bureau publishes and the	24405
department determines is appropriate.	24406

(2) When adjusting rates for inflation under divisions	24407
(C)(1)(b) and (C)(2)(b) of this section, the department shall	24408
estimate the rate of inflation for the twelve-month period	24409
beginning on the first day of January of the fiscal year	24410
immediately preceding the fiscal year in which the rate will be	24411
paid and ending on the thirty-first day of December of the fiscal	24412
year in which the rate will be paid. To estimate the rate of	24413
inflation, the department shall use the following:	24414

(a) Subject to division ~~(D)~~(E)(2)(b) of this section, the	24415
consumer price index for all items for all urban consumers for the	24416
midwest region, published by the United States bureau of labor	24417
statistics;	24418

(b) If the United States bureau of labor statistics ceases to	24419
publish the index specified in division ~~(D)~~(E)(2)(a) of this	24420
section, a comparable index that the bureau publishes and the	24421
department determines is appropriate.	24422

(3) If an inflation rate estimated under division ~~(D)~~(E)(1)	24423
or (2) of this section is different from the actual inflation rate	24424
for the relevant time period, as measured using the same index,	24425
the difference shall be added to or subtracted from the inflation	24426
rate estimated pursuant to this division for the following fiscal	24427
year.	24428

~~(E) The director of developmental disabilities shall adopt~~	24429
~~rules under section 5124.03 of the Revised Code that specify peer~~	24430
~~groups of ICFs/IID with more than eight beds and peer groups of~~	24431
~~ICFs/IID with eight or fewer beds, based on findings of~~	24432
~~significant per diem indirect care cost differences due to~~	24433
~~geography and bed-size. The rules also may specify peer groups~~	24434
~~based on findings of significant per diem indirect care cost~~	24435
~~differences due to other factors, including case-mix.~~	24436

Sec. 5124.28. Notwithstanding any provision of section	24437
5124.17 or 5124.21 of the Revised Code, the director of	24438
developmental disabilities may adopt rules under section 5124.03	24439
of the Revised Code that provide for the determination of a	24440
combined maximum payment limit for indirect care costs and costs	24441
of ownership for ICFs/IID ~~with eight or fewer beds~~in peer group	24442
2.	24443

Sec. 5124.38. (A) The director of developmental disabilities	24444
shall establish a process under which an ICF/IID provider, or a	24445
group or association of ICF/IID providers, may seek	24446
reconsideration of medicaid payment rates established under this	24447
chapter, including a rate for direct care costs redetermined	24448
before the effective date of the rate as a result of an exception	24449
review conducted under section 5124.193 of the Revised Code.	24450
Except as provided in divisions (B) to (D) of this section, the	24451
only issue that a provider, group, or association may raise in the	24452
rate reconsideration is whether the rate was calculated in	24453
accordance with this chapter and the rules adopted under section	24454
5124.03 of the Revised Code. The provider, group, or association	24455
may submit written arguments or other materials that support its	24456
position. The provider, group, or association and department shall	24457
take actions regarding the rate reconsideration within time frames	24458
specified in rules authorized by this section.	24459

If the department determines, as a result of the rate	24460
reconsideration, that the rate established for one or more	24461
ICFs/IID is less than the rate to which the ICF/IID is entitled,	24462
the department shall increase the rate. If the department has paid	24463
the incorrect rate for a period of time, the department shall pay	24464
the provider of the ICF/IID the difference between the amount the	24465
provider was paid for that period for the ICF/IID and the amount	24466
the provider should have been paid for the ICF/IID.	24467

(B)(1) The department, through the rate reconsideration	24468
process, may increase during a fiscal year the medicaid payment	24469
rate determined for an ICF/IID under this chapter if the provider	24470
demonstrates that the ICF/IID's actual, allowable costs have	24471
increased because of any of the following extreme circumstances:	24472

(a) A natural disaster;

24473

(b) A nonextensive renovation approved under division ~~(D)~~(E)	24474
of section 5124.17 of the Revised Code;	24475

(c) If the ICF/IID has an appropriate claims management	24476
program, an increase in the ICF/IID's workers' compensation	24477
experience rating of greater than five per cent;	24478

(d) If the ICF/IID is an inner-city ICF/IID, increased	24479
security costs;	24480

(e) A change of ownership that results from bankruptcy,	24481
foreclosure, or findings by the department of health of violations	24482
of medicaid certification requirements;	24483

(f) Other extreme circumstances specified in rules authorized	24484
by this section.	24485

(2) An ICF/IID may qualify for a rate increase under this	24486
division only if its per diem, actual, allowable costs have	24487
increased to a level that exceeds its total rate. An increase	24488
under this division is subject to any rate limitations or maximum	24489
rates established by this chapter for specific cost centers. Any	24490
rate increase granted under this division shall take effect on the	24491
first day of the first month after the department receives the	24492
request.	24493

(C) The department, through the rate reconsideration process,	24494
may increase an ICF/IID's rate as determined under this chapter if	24495
the department, in the department's sole discretion, determines	24496
that the rate as determined under those sections works an extreme	24497
hardship on the ICF/IID.	24498

(D) When beds certified for the medicaid program are added to	24499
an existing ICF/IID or replaced at the same site, the department,	24500
through the rate reconsideration process, may increase the	24501
ICF/IID's rate for capital costs proportionately, as limited by	24502
any applicable limitation under section 5124.17 of the Revised	24503
Code, to account for the costs of the beds that are added or	24504
replaced. If the department makes this increase, it shall make the	24505
increase one month after the first day of the month after the	24506
department receives sufficient documentation of the costs. Any	24507
rate increase granted under this division after June 30, 1993,	24508
shall remain in effect until the effective date of a rate for	24509
capital costs determined under section 5124.17 of the Revised Code	24510
that includes costs incurred for a full calendar year for the bed	24511
addition or bed replacement. The ICF/IID shall report double	24512
accumulated depreciation in an amount equal to the depreciation	24513
included in the rate adjustment on its cost report for the first	24514
year of operation. During the term of any loan used to finance a	24515
project for which a rate adjustment is granted under this	24516
division, if the ICF/IID is operated by the same provider, the	24517
provider shall subtract from the interest costs it reports on its	24518
cost report an amount equal to the difference between the	24519
following:	24520

(1) The actual, allowable interest costs for the loan during	24521
the calendar year for which the costs are being reported;	24522

(2) The actual, allowable interest costs attributable to the	24523
loan that were used to calculate the rates paid to the provider	24524
for the ICF/IID during the same calendar year.	24525

(E) The department's decision at the conclusion of the	24526
reconsideration process is not subject to any administrative	24527
proceedings under Chapter 119. or any other provision of the	24528
Revised Code.	24529

(F) The director of developmental disabilities shall adopt	24530
rules under section 5124.03 of the Revised Code as necessary to	24531
implement this section.	24532

Sec. 5124.60. (A) For the purpose of increasing the number	24533
of slots available for home and community-based services ~~and~~	24534
~~subject to sections 5124.63 and 5124.64 of the Revised Code~~, the	24535
operator of an ICF/IID may convert some or all of the beds in the	24536
ICF/IID from providing ICF/IID services to providing home and	24537
community-based services if all of the following requirements are	24538
met:	24539

(1) The operator provides the directors of health and	24540
developmental disabilities at least ninety days' notice of the	24541
operator's intent to make the conversion.	24542

(2) The operator complies with the requirements of sections	24543
5124.50 to 5124.53 of the Revised Code regarding a voluntary	24544
termination if those requirements are applicable.	24545

(3) If the operator intends to convert all of the ICF/IID's	24546
beds, the operator notifies each of the ICF/IID's residents that	24547
the ICF/IID is to cease providing ICF/IID services and inform each	24548
resident that the resident may do either of the following:	24549

(a) Continue to receive ICF/IID services by transferring to	24550
another ICF/IID that is willing and able to accept the resident if	24551
the resident continues to qualify for ICF/IID services;	24552

(b) Begin to receive home and community-based services	24553
instead of ICF/IID services from any provider of home and	24554
community-based services that is willing and able to provide the	24555
services to the resident if the resident is eligible for the	24556
services and a slot for the services is available to the resident.	24557

(4) If the operator intends to convert some but not all of	24558
the ICF/IID's beds, the operator notifies each of the ICF/IID's	24559
residents that the ICF/IID is to convert some of its beds from	24560
providing ICF/IID services to providing home and community-based	24561
services and inform each resident that the resident may do either	24562
of the following:	24563

(a) Continue to receive ICF/IID services from any ICF/IID	24564
that is willing and able to provide the services to the resident	24565
if the resident continues to qualify for ICF/IID services;	24566

(b) Begin to receive home and community-based services	24567
instead of ICF/IID services from any provider of home and	24568
community-based services that is willing and able to provide the	24569
services to the resident if the resident is eligible for the	24570
services and a slot for the services is available to the resident.	24571

(5) The operator meets the requirements for providing home	24572
and community-based services, including the following:	24573

(a) Such requirements applicable to a residential facility if	24574
the operator maintains the facility's license as a residential	24575
facility;	24576

(b) Such requirements applicable to a facility that is not	24577
licensed as a residential facility if the operator surrenders the	24578
facility's license as a residential facility under section 5123.19	24579
of the Revised Code.	24580

(6) The director of developmental disabilities approves the	24581
conversion.	24582

(B) A decision by the director of developmental disabilities	24583
to approve or refuse to approve a proposed conversion of beds is	24584
final. In making a decision, the director shall consider all of	24585
the following:	24586

(1) The fiscal impact on the ICF/IID if some but not all of	24587
the beds are converted;	24588

(2) The fiscal impact on the medicaid program;

24589

(3) The availability of home and community-based services.

24590

(C) The notice provided to the directors under division	24591
(A)(1) of this section shall specify whether some or all of the	24592
ICF/IID's beds are to be converted. If some but not all of the	24593
beds are to be converted, the notice shall specify how many of the	24594
ICF/IID's beds are to be converted and how many of the beds are to	24595
continue to provide ICF/IID services. The notice to the director	24596
of developmental disabilities shall specify whether the operator	24597
wishes to surrender the ICF/IID's license as a residential	24598
facility under section 5123.19 of the Revised Code.	24599

(D)(1) If the director of developmental disabilities approves	24600
a conversion under division (B) of this section, the director of	24601
health shall do the following:	24602

(a) Terminate the ICF/IID's medicaid certification if the	24603
notice specifies that all of the ICF/IID's beds are to be	24604
converted;	24605

(b) Reduce the ICF/IID's medicaid-certified capacity by the	24606
number of beds being converted if the notice specifies that some	24607
but not all of the beds are to be converted.	24608

(2) The director of health shall notify the medicaid director	24609
of the termination or reduction. On receipt of the notice, the	24610
medicaid director shall do the following:	24611

(a) Terminate the operator's medicaid provider agreement that	24612
authorizes the operator to provide ICF/IID services at the ICF/IID	24613
if the ICF/IID's certification was terminated;	24614

(b) Amend the operator's medicaid provider agreement to	24615
reflect the ICF/IID's reduced medicaid-certified capacity if the	24616
ICF/IID's medicaid-certified capacity is reduced.	24617

(3) In the case of action taken under division (D)(2)(a) of	24618
this section, the operator is not entitled to notice or a hearing	24619
under Chapter 119. of the Revised Code before the medicaid	24620
director terminates the medicaid provider agreement.	24621

Sec. 5124.61. (A) For the purpose of increasing the number of	24622
slots available for home and community-based services ~~and subject~~	24623
~~to sections 5124.63 and 5124.64 of the Revised Code~~, a person who	24624
acquires, through a request for proposals issued by the director	24625
of developmental disabilities, an ICF/IID for which a residential	24626
facility license was previously surrendered or revoked may convert	24627
some or all of the ICF/IID's beds from providing ICF/IID services	24628
to providing home and community-based services if all of the	24629
following requirements are met:	24630

(1) The person provides the directors of health and	24631
developmental disabilities and medicaid director at least ninety	24632
days' notice of the person's intent to make the conversion.	24633

(2) The person complies with the requirements of sections	24634
5124.50 to 5124.53 of the Revised Code regarding a voluntary	24635
termination if those requirements are applicable.	24636

(3) If the person intends to convert all of the ICF/IID's	24637
beds, the person notifies each of the ICF/IID's residents that the	24638
ICF/IID is to cease providing ICF/IID services and informs each	24639
resident that the resident may do either of the following:	24640

(a) Continue to receive ICF/IID services by transferring to	24641
another ICF/IID willing and able to accept the resident if the	24642
resident continues to qualify for ICF/IID services;	24643

(b) Begin to receive home and community-based services	24644
instead of ICF/IID services from any provider of home and	24645
community-based services that is willing and able to provide the	24646
services to the resident if the resident is eligible for the	24647
services and a slot for the services is available to the resident.	24648

(4) If the person intends to convert some but not all of the	24649
ICF/IID's beds, the person notifies each of the ICF/IID's	24650
residents that the ICF/IID is to convert some of its beds from	24651
providing ICF/IID services to providing home and community-based	24652
services and inform each resident that the resident may do either	24653
of the following:	24654

(a) Continue to receive ICF/IID services from any that is	24655
willing and able to provide the services to the resident if the	24656
resident continues to qualify for ICF/IID services;	24657

(b) Begin to receive home and community-based services	24658
instead of ICF/IID services from any provider of home and	24659
community-based services that is willing and able to provide the	24660
services to the resident if the resident is eligible for the	24661
services and a slot for the services is available to the resident.	24662

(5) The person meets the requirements for providing home and	24663
community-based services at a residential facility.	24664

(B) The notice provided to the directors under division	24665
(A)(1) of this section shall specify whether some or all of the	24666
ICF/IID's beds are to be converted. If some but not all of the	24667
beds are to be converted, the notice shall specify how many of the	24668
ICF/IID's beds are to be converted and how many of the beds are to	24669
continue to provide ICF/IID services.	24670

(C) On receipt of a notice under division (A)(1) of this	24671
section, the director of health shall do the following:	24672

(1) Terminate the ICF/IID's medicaid certification if the	24673
notice specifies that all of the facility's beds are to be	24674
converted;	24675

(2) Reduce the ICF/IID's medicaid-certified capacity by the	24676
number of beds being converted if the notice specifies that some	24677
but not all of the beds are to be converted.	24678

(D) The director of health shall notify the medicaid director	24679
of the termination or reduction under division (C) of this	24680
section. On receipt of the director of health's notice, the	24681
medicaid director shall do the following:	24682

(1) Terminate the person's medicaid provider agreement that	24683
authorizes the person to provide ICF/IID services at the ICF/IID	24684
if the ICF/IID's medicaid certification was terminated;	24685

(2) Amend the person's medicaid provider agreement to reflect	24686
the ICF/IID's reduced medicaid-certified capacity if the ICF/IID's	24687
medicaid-certified capacity is reduced.	24688

The person is not entitled to notice or a hearing under	24689
Chapter 119. of the Revised Code before the medicaid director	24690
terminates or amends the medicaid provider agreement.	24691

Sec. 5124.62. ~~Subject to section 5124.63 of the Revised~~	24692
~~Code, the~~The director of developmental disabilities may request	24693
that the medicaid director seek the approval of the United States	24694
secretary of health and human services to increase the number of	24695
slots available for home and community-based services by a number	24696
not exceeding the number of beds that were part of the licensed	24697
capacity of a residential facility that had its license revoked or	24698
surrendered under section 5123.19 of the Revised Code if the	24699
residential facility was an ICF/IID at the time of the license	24700
revocation or surrender. ~~The revocation or surrender may have~~	24701
~~occurred before, or may occur on or after, June 24, 2008.~~ The	24702
request may include beds the director of developmental	24703
disabilities removed from such a residential facility's licensed	24704
capacity before transferring ownership or operation of the	24705
residential facility pursuant to a request for proposals.	24706

Sec. 5124.67. (A)(1) The department of developmental	24707
disabilities shall strive to achieve, not later than July 1, 2018,	24708
the following statewide reductions in ICF/IID beds:	24709

~~(1)~~(a) At least five hundred ~~and not more than six hundred~~	24710
beds in ICFs/IID that, before becoming downsized ICFs/IID, have	24711
sixteen or more beds;	24712

~~(2)~~(b) At least five hundred ~~and not more than six hundred~~	24713
beds in ICFs/IID with any number of beds that convert some or all	24714
of their beds from providing ICF/IID services to providing home	24715
and community-based services pursuant to section 5124.60 or	24716
5124.61 of the Revised Code.	24717

(2) The department shall strive to achieve a reduction of at	24718
least one thousand two hundred ICF/IID beds through a combination	24719
of the methods specified in divisions (A)(1)(a) and (b) of this	24720
section.	24721

(B) In its efforts to achieve the reductions under division	24722
(A) of this section, the department shall collaborate with the	24723
Ohio association of county boards serving people with	24724
developmental disabilities, the Ohio provider resource	24725
association, the Ohio centers for intellectual disabilities formed	24726
by the Ohio health care association, and the values and faith	24727
alliance. The collaboration efforts may include the following:	24728

(1) Identifying ICFs/IID that may reduce the number of their	24729
beds to help achieve the reductions under division (A) of this	24730
section;	24731

(2) Encouraging ICF/IID providers to reduce the number of	24732
their ICFs/IID's beds;	24733

(3) Establishing interim time frames for making progress in	24734
achieving the reductions;	24735

(4) Creating incentives for, and removing impediments to, the	24736
reductions;	24737

(5) In the case of ICF/IID beds that are converted to	24738
providing home and community-based services, developing a	24739
mechanism to compensate providers for beds that permanently cease	24740
to provide ICF/IID services.	24741

(C) The department shall meet not less than twice each year	24742
with the organizations specified in division (B) of this section	24743
to do all of the following:	24744

(1) Review the progress being made in achieving the	24745
reductions under division (A) of this section;	24746

(2) Prepare written reports on the progress;

24747

(3) Identify additional measures needed to achieve the	24748
reductions.	24749

Sec. 5126.01. As used in this chapter:

24750

(A) As used in this division, "adult" means an individual who	24751
is eighteen years of age or over and not enrolled in a program or	24752
service under Chapter 3323. of the Revised Code and an individual	24753
sixteen or seventeen years of age who is eligible for adult	24754
services under rules adopted by the director of developmental	24755
disabilities pursuant to Chapter 119. of the Revised Code.	24756

(1) "Adult services" means services provided to an adult	24757
outside the home, except when they are provided within the home	24758
according to an individual's assessed needs and identified in an	24759
individual service plan, that support learning and assistance in	24760
the area of self-care, sensory and motor development,	24761
socialization, daily living skills, communication, community	24762
living, social skills, or vocational skills.	24763

(2) "Adult services" includes all of the following:

24764

(a) Adult day habilitation services;

24765

(b) ~~Adult day care;~~

24766

~~(c) Prevocational~~Employment services;

24767

~~(d) Sheltered employment;~~

24768

~~(e)~~(c) Educational experiences and training obtained through	24769
entities and activities that are not expressly intended for	24770
individuals with mental retardation and developmental	24771
disabilities, including trade schools, vocational or technical	24772
schools, adult education, job exploration and sampling, unpaid	24773
work experience in the community, volunteer activities, and	24774
spectator sports;	24775

~~(f) Community employment services and supported employment~~	24776
~~services~~.	24777

(B)(1) "Adult day habilitation services" means adult services	24778
that do the following:	24779

(a) Provide access to and participation in typical activities	24780
and functions of community life that are desired and chosen by the	24781
general population, including such activities and functions as	24782
opportunities to experience and participate in community	24783
exploration, companionship with friends and peers, leisure	24784
activities, hobbies, maintaining family contacts, community	24785
events, and activities where individuals without disabilities are	24786
involved;	24787

(b) Provide supports or a combination of training and	24788
supports that afford an individual a wide variety of opportunities	24789
to facilitate and build relationships and social supports in the	24790
community.	24791

(2) "Adult day habilitation services" includes all of the	24792
following:	24793

(a) Personal care services needed to ensure an individual's	24794
ability to experience and participate in vocational services,	24795
educational services, community activities, and any other adult	24796
day habilitation services;	24797

(b) Skilled services provided while receiving adult day	24798
habilitation services, including such skilled services as behavior	24799
management intervention, occupational therapy, speech and language	24800
therapy, physical therapy, and nursing services;	24801

(c) Training and education in self-determination designed to	24802
help the individual do one or more of the following: develop	24803
self-advocacy skills, exercise the individual's civil rights,	24804
acquire skills that enable the individual to exercise control and	24805
responsibility over the services received, and acquire skills that	24806
enable the individual to become more independent, integrated, or	24807
productive in the community;	24808

(d) Recreational and leisure activities identified in the	24809
individual's service plan as therapeutic in nature or assistive in	24810
developing or maintaining social supports;	24811

~~(e) Counseling and assistance provided to obtain housing,~~	24812
~~including such counseling as identifying options for either rental~~	24813
~~or purchase, identifying financial resources, assessing needs for~~	24814
~~environmental modifications, locating housing, and planning for~~	24815
~~ongoing management and maintenance of the housing selected;~~	24816

~~(f)~~(e) Transportation necessary to access adult day	24817
habilitation services;	24818

~~(g)~~(f) Habilitation management, as described in section	24819
5126.14 of the Revised Code.	24820

(3) "Adult day habilitation services" does not include	24821
activities that are components of the provision of residential	24822
services, family support services, or supported living services.	24823

24824

(1) In the case of a member of a county board of	24825
developmental disabilities appointed by, or to be appointed by, a	24826
board of county commissioners, the board of county commissioners;	24827

(2) In the case of a member of a county board appointed by,	24828
or to be appointed by, a senior probate judge, the senior probate	24829
judge.	24830

(D) "Community employment," "competitive employment," and	24831
"integrated setting" have the same meanings as in section 5123.022	24832
of the Revised Code.	24833

(E) "Supported employment services" means vocational	24834
assessment, job training and coaching, job development and	24835
placement, worksite accessibility, and other services related to	24836
employment outside a sheltered workshop. "Supported employment	24837
services" includes both of the following:	24838

(1) Job training resulting in the attainment of community	24839
employment, supported work in a typical work environment, or	24840
self-employment;	24841

(2) Support for ongoing community employment, supported work	24842
at community-based sites, or self-employment.	24843

(F) As used in this division, ~~"substantial functional~~	24844
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	24845
has the ~~meanings~~meaning established pursuant to section 5123.011	24846
of the Revised Code.	24847

"Developmental disability" means a severe, chronic disability	24848
that is characterized by all of the following:	24849

(1) It is attributable to a mental or physical impairment or	24850
a combination of mental and physical impairments, other than a	24851
mental or physical impairment solely caused by mental illness as	24852
defined in division (A) of section 5122.01 of the Revised Code;	24853

(2) It is manifested before age twenty-two;

24854

(3) It is likely to continue indefinitely;

24855

(4) It results in one of the following:

24856

(a) In the case of a person under age three, at least one	24857
developmental delay or ~~an established risk~~a diagnosed physical or	24858
mental condition that has a high probability of resulting in a	24859
developmental delay;	24860

(b) In the case of a person at least age three but under age	24861
six, at least two developmental delays ~~or an established risk~~;	24862

(c) In the case of a person age six or older, a substantial	24863
functional limitation in at least three of the following areas of	24864
major life activity, as appropriate for the person's age:	24865
self-care, receptive and expressive language, learning, mobility,	24866
self-direction, capacity for independent living, and, if the	24867
person is at least age sixteen, capacity for economic	24868
self-sufficiency.	24869

(5) It causes the person to need a combination and sequence	24870
of special, interdisciplinary, or other type of care, treatment,	24871
or provision of services for an extended period of time that is	24872
individually planned and coordinated for the person.	24873

(G) "Early childhood services" means a planned program of	24874
habilitation designed to meet the needs of individuals with mental	24875
retardation or other developmental disabilities who have not	24876
attained compulsory school age.	24877

(H) "Employment services" means prevocational services or	24878
supported employment services.	24879

(I)(1) "Environmental modifications" means the physical	24880
adaptations to an individual's home, specified in the individual's	24881
service plan, that are necessary to ensure the individual's	24882
health, safety, and welfare or that enable the individual to	24883
function with greater independence in the home, and without which	24884
the individual would require institutionalization.	24885

(2) "Environmental modifications" includes such adaptations	24886
as installation of ramps and grab-bars, widening of doorways,	24887
modification of bathroom facilities, and installation of	24888
specialized electric and plumbing systems necessary to accommodate	24889
the individual's medical equipment and supplies.	24890

(3) "Environmental modifications" does not include physical	24891
adaptations or improvements to the home that are of general	24892
utility or not of direct medical or remedial benefit to the	24893
individual, including such adaptations or improvements as	24894
carpeting, roof repair, and central air conditioning.	24895

(J) "Family support services" means the services provided	24896
under a family support services program operated under section	24897
5126.11 of the Revised Code.	24898

(K) "Habilitation" means the process by which the staff of	24899
the facility or agency assists an individual with mental	24900
retardation or other developmental disability in acquiring and	24901
maintaining those life skills that enable the individual to cope	24902
more effectively with the demands of the individual's own person	24903
and environment, and in raising the level of the individual's	24904
personal, physical, mental, social, and vocational efficiency.	24905
Habilitation includes, but is not limited to, programs of formal,	24906
structured education and training.	24907

(L) "Home and community-based services" has the same meaning	24908
as in section 5123.01 of the Revised Code.	24909

(M) "ICF/IID" has the same meaning as in section 5124.01 of	24910
the Revised Code.	24911

(N) "Immediate family" means parents, grandparents, brothers,	24912
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	24913
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	24914
daughters-in-law.	24915

(O) "Medicaid case management services" means case management	24916
services provided to an individual with mental retardation or	24917
other developmental disability that the state medicaid plan	24918
requires.	24919

(P) "Mental retardation" means a mental impairment manifested	24920
during the developmental period characterized by significantly	24921
subaverage general intellectual functioning existing concurrently	24922
with deficiencies in the effectiveness or degree with which an	24923
individual meets the standards of personal independence and social	24924
responsibility expected of the individual's age and cultural	24925
group.	24926

(Q) "Prevocational services" means services~~, including~~	24927
~~services as a volunteer,~~ that provide learning and work	24928
experiences, including volunteer work experiences, from which an	24929
individual can develop general strengths and skills that are not	24930
specific to a particular task or job but contribute to	24931
employability in community employment, supported work at	24932
community-based sites, or self-employment.	24933

(R) "Residential services" means services to individuals with	24934
mental retardation or other developmental disabilities to provide	24935
housing, food, clothing, habilitation, staff support, and related	24936
support services necessary for the health, safety, and welfare of	24937
the individuals and the advancement of their quality of life.	24938
"Residential services" includes program management, as described	24939
in section 5126.14 of the Revised Code.	24940

(S) "Resources" means available capital and other assets,	24941
including moneys received from the federal, state, and local	24942
governments, private grants, and donations; appropriately	24943
qualified personnel; and appropriate capital facilities and	24944
equipment.	24945

(T) "Senior probate judge" means the current probate judge of	24946
a county who has served as probate judge of that county longer	24947
than any of the other current probate judges of that county. If a	24948
county has only one probate judge, "senior probate judge" means	24949
that probate judge.	24950

(U) "Service and support administration" means the duties	24951
performed by a service and support administrator pursuant to	24952
section 5126.15 of the Revised Code.	24953

(V)(1) "Specialized medical, adaptive, and assistive	24954
equipment, supplies, and supports" means equipment, supplies, and	24955
supports that enable an individual to increase the ability to	24956
perform activities of daily living or to perceive, control, or	24957
communicate within the environment.	24958

(2) "Specialized medical, adaptive, and assistive equipment,	24959
supplies, and supports" includes the following:	24960

(a) Eating utensils, adaptive feeding dishes, plate guards,	24961
mylatex straps, hand splints, reaches, feeder seats, adjustable	24962
pointer sticks, interpreter services, telecommunication devices	24963
for the deaf, computerized communications boards, other	24964
communication devices, support animals, veterinary care for	24965
support animals, adaptive beds, supine boards, prone boards,	24966
wedges, sand bags, sidelayers, bolsters, adaptive electrical	24967
switches, hand-held shower heads, air conditioners, humidifiers,	24968
emergency response systems, folding shopping carts, vehicle lifts,	24969
vehicle hand controls, other adaptations of vehicles for	24970
accessibility, and repair of the equipment received.	24971

(b) Nondisposable items not covered by medicaid that are	24972
intended to assist an individual in activities of daily living or	24973
instrumental activities of daily living.	24974

(W) "Supportive home services" means a range of services to	24975
families of individuals with mental retardation or other	24976
developmental disabilities to develop and maintain increased	24977
acceptance and understanding of such persons, increased ability of	24978
family members to teach the person, better coordination between	24979
school and home, skills in performing specific therapeutic and	24980
management techniques, and ability to cope with specific	24981
situations.	24982

(X)(1) "Supported living" means services provided for as long	24983
as twenty-four hours a day to an individual with mental	24984
retardation or other developmental disability through any public	24985
or private resources, including moneys from the individual, that	24986
enhance the individual's reputation in community life and advance	24987
the individual's quality of life by doing the following:	24988

(a) Providing the support necessary to enable an individual	24989
to live in a residence of the individual's choice, with any number	24990
of individuals who are not disabled, or with not more than three	24991
individuals with mental retardation and developmental disabilities	24992
unless the individuals are related by blood or marriage;	24993

(b) Encouraging the individual's participation in the	24994
community;	24995

24996

(d) Assisting the individual in acquiring, retaining, and	24997
improving the skills and competence necessary to live successfully	24998
in the individual's residence.	24999

(2) "Supported living" includes the provision of all of the	25000
following:	25001

(a) Housing, food, clothing, habilitation, staff support,	25002
professional services, and any related support services necessary	25003
to ensure the health, safety, and welfare of the individual	25004
receiving the services;	25005

(b) A combination of lifelong or extended-duration	25006
supervision, training, and other services essential to daily	25007
living, including assessment and evaluation and assistance with	25008
the cost of training materials, transportation, fees, and	25009
supplies;	25010

25011

(d) Household maintenance that does not include modifications	25012
to the physical structure of the residence;	25013

(e) Respite care services;

25014

(f) Program management, as described in section 5126.14 of	25015
the Revised Code.	25016

Sec. 5126.02. (A) Each county shall have its own county	25017
board of developmental disabilities. Subject to division (B) of	25018
this section:	25019

(1) A county board shall be operated as a separate	25020
administrative and service entity.	25021

(2) The functions of a county board shall not be combined	25022
with the functions of any other entity of county government.	25023

(B) Division (A) of this section does not prohibit or	25024
restrict any county board from sharing administrative functions or	25025
personnel with one or more other county boards, including entering	25026
into an arrangement authorized by division (B) of section	25027
5126.0219 of the Revised Code or an agreement with one or more	25028
other county boards to share the services of any employee.	25029

Sec. 5126.022. When making appointments to a county board of	25030
developmental disabilities, an appointing authority shall do all	25031
of the following:	25032

(A) Appoint only individuals who are residents of the county	25033
the appointing authority serves, citizens of the United States,	25034
and interested and knowledgeable in the field of mental	25035
retardation and other allied fields;	25036

(B) If the appointing authority is a board of county	25037
commissioners, appoint at least two individuals who are eligible	25038
for services provided by the county board or are immediate family	25039
members of such individuals ~~eligible for services provided by the~~	25040
~~county board and~~. The board of county commissioners shall,	25041
whenever possible, ensure that one of those two members is an	25042
individual eligible for adult services or an immediate family	25043
member of an individual eligible for adult services and the other	25044
is an immediate family member of an individual eligible for early	25045
intervention services or services for preschool or school-age	25046
children;	25047

(C) If the appointing authority is a senior probate judge,	25048
appoint at least one individual who is an immediate family member	25049
of an individual eligible for residential services or supported	25050
living;	25051

(D) Appoint, to the maximum extent possible, individuals who	25052
have professional training and experience in business management,	25053
finance, law, health care practice, personnel administration, or	25054
government service;	25055

(E) Provide for the county board's membership to reflect, as	25056
nearly as possible, the composition of the county that the county	25057
board serves.	25058

Sec. 5126.0219. (A) Each county board of developmental	25059
disabilities shall either employ a superintendent or obtain the	25060
services of the superintendent of another county board of	25061
developmental disabilities. The board shall provide for a	25062
superintendent who is qualified, as specified in rules adopted by	25063
the department of developmental disabilities in accordance with	25064
Chapter 119. of the Revised Code. The superintendent shall have no	25065
voting privileges on the board.	25066

If the superintendent position becomes vacant, the county	25067
board first shall consider entering into an agreement with another	25068
county board for the sharing of a superintendent under division	25069
(B) of this section. If the county board determines there are no	25070
significant efficiencies or it is impractical to share a	25071
superintendent, the county board may employ a superintendent in	25072
accordance with this section to fill the vacancy.	25073

The board shall prescribe the duties of its superintendent	25074
and review the superintendent's performance. The superintendent	25075
may be removed, suspended, or demoted for cause pursuant to	25076
section 5126.23 of the Revised Code. The board shall fix the	25077
superintendent's compensation and reimburse the superintendent for	25078
actual and necessary expenses.	25079

Each county board that employs its own superintendent shall	25080
employ the superintendent under a contract. To enter into a	25081
contract, the board shall adopt a resolution agreeing to the	25082
contract. Each contract for employment or re-employment of a	25083
superintendent shall be for a term of not less than one and not	25084
more than five years. At the expiration of a superintendent's	25085
current term of employment, the superintendent may be re-employed.	25086
If the board intends not to re-employ the superintendent, the	25087
board shall give the superintendent written notification of its	25088
intention. The notice shall be given not less than ninety days	25089
prior to the expiration of the superintendent's contract.	25090

(B) Two or more county boards may enter into an arrangement	25091
under which the superintendent of one county board acts as the	25092
superintendent of another county board. To enter into such an	25093
arrangement, each board shall adopt a resolution agreeing to the	25094
arrangement. The resolutions shall specify the duration of the	25095
arrangement and the contribution each board is to make to the	25096
superintendent's compensation and reimbursement for expenses.	25097

(C) If a vacancy occurs in the position of superintendent, a	25098
county board may appoint a person who holds a valid	25099
superintendent's certificate issued under the rules of the	25100
department to work under a contract for an interim period not to	25101
exceed one hundred eighty days until a permanent superintendent	25102
can be employed or arranged for under division (A) or (B) of this	25103
section. The director of the department may approve additional	25104
periods of time for these types of interim appointments when so	25105
requested by a resolution adopted by a county board, if the	25106
director determines that the additional periods are warranted and	25107
the services of a permanent superintendent are not available.	25108

Sec. 5126.041. (A) As used in this section:

25109

(1) ~~"Biological risk" and "environmental risk" have the~~	25110
~~meanings established pursuant to section 5123.011 of the Revised~~	25111
~~Code.~~	25112

~~(2)~~ "Preschool child with a disability" has the same meaning	25113
as in section 3323.01 of the Revised Code.	25114

~~(3)~~(2) "State institution" means all or part of an	25115
institution under the control of the department of developmental	25116
disabilities pursuant to section 5123.03 of the Revised Code and	25117
maintained for the care, treatment, and training of the mentally	25118
retarded.	25119

(B) Except as provided in division (C) of this section, each	25120
county board of developmental disabilities shall make eligibility	25121
determinations in accordance with the definition of "developmental	25122
disability" in section 5126.01 of the Revised Code. Pursuant to	25123
rules ~~the department of developmental disabilities shall adopt in~~	25124
~~accordance with Chapter 119.~~adopted under section 5123.012 of the	25125
Revised Code, a county board may establish eligibility for	25126
programs and services for ~~either of the following:~~	25127

~~(1) Individuals under age six who have a biological risk or~~	25128
~~environmental risk of a developmental delay;~~	25129

~~(2) Any~~any preschool child with a disability eligible for	25130
services under section 3323.02 of the Revised Code whose	25131
disability is not attributable solely to mental illness as defined	25132
in section 5122.01 of the Revised Code.	25133

(C)(1) A county board shall make determinations of	25134
eligibility for service and support administration in accordance	25135
with rules adopted under section 5126.08 of the Revised Code.	25136

(2) All persons who were eligible for services and enrolled	25137
in programs offered by a county board of developmental	25138
disabilities pursuant to this chapter on July 1, 1991, shall	25139
continue to be eligible for those services and to be enrolled in	25140
those programs as long as they are in need of services.	25141

(3) A person who resided in a state institution on or before	25142
October 29, 1993, is eligible for programs and services offered by	25143
a county board of developmental disabilities, unless the person is	25144
determined by the county board not to be in need of those programs	25145
and services.	25146

(D) A county board shall refer a person who requests but is	25147
not eligible for programs and services offered by the board to	25148
other entities of state and local government or appropriate	25149
private entities that provide services.	25150

(E) Membership of a person on, or employment of a person by,	25151
a county board of developmental disabilities does not affect the	25152
eligibility of any member of that person's family for services	25153
provided by the board or by any entity under contract with the	25154
board.	25155

Sec. 5126.046. (A) Except as otherwise provided by 42 C.F.R.	25156
431.51, an individual with mental retardation or other	25157
developmental disability who is eligible for home and	25158
community-based services has the right to obtain the services from	25159
any provider of the services that is qualified to furnish the	25160
services and is willing to furnish the services to the individual.	25161
A county board of developmental disabilities that has medicaid	25162
local administrative authority under division (A) of section	25163
5126.055 of the Revised Code for home and community-based services	25164
and refuses to permit an individual to obtain home and	25165
community-based services from a qualified and willing provider	25166
shall provide the individual timely notice that the individual may	25167
~~request a hearing~~appeal under section ~~5101.35~~5160.31 of the	25168
Revised Code.	25169

(B) An individual with mental retardation or other	25170
developmental disability who is eligible for nonmedicaid	25171
residential services or nonmedicaid supported living has the right	25172
to obtain the services from any provider of the residential	25173
services or supported living that is qualified to furnish the	25174
residential services or supported living and is willing to furnish	25175
the residential services or supported living to the individual.	25176

(C) The department of developmental disabilities shall make	25177
available to the public on its internet web site an up-to-date	25178
list of all providers of home and community-based services,	25179
nonmedicaid residential services, and nonmedicaid supported	25180
living. County boards shall assist individuals with mental	25181
retardation or other developmental disabilities and the families	25182
of such individuals access the list on the department's internet	25183
web site.	25184

(D) The director of developmental disabilities shall adopt	25185
rules in accordance with Chapter 119. of the Revised Code	25186
governing the implementation of this section. The rules shall	25187
include procedures for individuals to choose their providers. ~~The~~	25188
~~rules shall not be limited by a provider selection system~~	25189
~~established under section 5126.42 of the Revised Code, including~~	25190
~~any pool of providers created pursuant to a provider selection~~	25191
~~system.~~	25192

Sec. 5126.051. (A) To the extent that resources are	25193
available, a county board of developmental disabilities shall	25194
provide for or arrange residential services and supported living	25195
for individuals with mental retardation and developmental	25196
disabilities.	25197

A county board may acquire, convey, lease, or sell property	25198
for residential services and supported living and enter into loan	25199
agreements, including mortgages, for the acquisition of such	25200
property. A county board is not required to comply with provisions	25201
of Chapter 307. of the Revised Code providing for competitive	25202
bidding or sheriff sales in the acquisition, lease, conveyance, or	25203
sale of property under this division, but the acquisition, lease,	25204
conveyance, or sale must be at fair market value determined by	25205
appraisal of one or more disinterested persons appointed by the	25206
board.	25207

Any action taken by a county board under this division that	25208
will incur debt on the part of the county shall be taken in	25209
accordance with Chapter 133. of the Revised Code. A county board	25210
shall not incur any debt on the part of the county without the	25211
prior approval of the board of county commissioners.	25212

(B)(1) To the extent that resources are available, a county	25213
board shall provide or arrange for the provision of adult services	25214
to individuals who are age eighteen and older and not enrolled in	25215
a program or service under Chapter 3323. of the Revised Code or	25216
age sixteen or seventeen and eligible for adult services under	25217
rules adopted by the director of developmental disabilities under	25218
Chapter 119. of the Revised Code. These services shall be provided	25219
in accordance with the individual's individual service plan and	25220
shall include support services specified in the plan.	25221

(2) Any prevocational services shall be provided in	25222
accordance with the individual's individual service plan and occur	25223
over a specified period of time with specific outcomes sought to	25224
be achieved.	25225

(3) A county board may, in cooperation with the opportunities	25226
for Ohioans with disabilities agency, seek federal funds for job	25227
training or other services ~~directly~~directed at helping	25228
individuals obtain community employment.	25229

(4) A county board may contract with any agency, board, or	25230
other entity that is accredited by the commission on accreditation	25231
of rehabilitation facilities to provide services. A county board	25232
that is accredited by the commission on accreditation of	25233
rehabilitation facilities may provide services for which it is	25234
certified by the commission.	25235

(C) To the extent that resources are available, a county	25236
board may provide services to an individual with mental	25237
retardation or other developmental disability in addition to those	25238
provided pursuant to this section, section 5126.05 of the Revised	25239
Code, or any other section of this chapter. The services shall be	25240
provided in accordance with the individual's individual service	25241
plan and may be provided in collaboration with other entities of	25242
state or local government.	25243

Sec. 5126.08. (A) The director of developmental disabilities	25244
shall adopt rules in accordance with Chapter 119. of the Revised	25245
Code for all programs and services offered by a county board of	25246
developmental disabilities. Such rules shall include, but are not	25247
limited to, the following:	25248

(1) Determination of what constitutes a program or service;

25249

(2) Standards to be followed by a board in administering,	25250
providing, arranging, or operating programs and services;	25251

(3) Standards for determining the nature and degree of mental	25252
retardation, including mild mental retardation, or developmental	25253
disability;	25254

(4) Standards and procedures for ~~determining~~making	25255
eligibility determinations for the programs and services ~~under~~	25256
~~section 5126.15 of the Revised Code~~;	25257

(5) Procedures for obtaining consent for the arrangement of	25258
services under section 5126.31 of the Revised Code and for	25259
obtaining signatures on individual service plans under that	25260
section;	25261

(6) Specification of the service and support administration	25262
to be provided by a county board and standards for resolving	25263
grievances in connection with service and support administration.	25264

(B) The director shall be the final authority in determining	25265
the nature and degree of mental retardation or developmental	25266
disability.	25267

Sec. 5126.21. As used in this section, "management employee"	25268
does not include the superintendent of a county board of	25269
developmental disabilities.	25270

(A)(1) Each management employee of a county board of	25271
developmental disabilities shall hold a limited contract for a	25272
period of not less than one year and not more than five years,	25273
except that a management employee hired after the beginning of a	25274
program year may be employed under a limited contract expiring at	25275
the end of the program year. The board shall approve all contracts	25276
of employment for management employees that are for a term of more	25277
than one year. A management employee shall receive notice of the	25278
superintendent's intention not to rehire the employee at least	25279
ninety days prior to the expiration of the contract.	25280

(2) During the term of a contract a management employee's	25281
salary may be increased, but shall not be reduced unless the	25282
reduction is part of a uniform plan affecting all employees of the	25283
board.	25284

(B) All management employees may be removed, suspended, or	25285
demoted for cause pursuant to section 5126.23 of the Revised Code.	25286

(C) All management employees shall receive employee benefits	25287
as established by the board. Sections 124.38 and 325.19 of the	25288
Revised Code do not apply to management employees.	25289

(D) The superintendent of a county board of developmental	25290
disabilities shall notify all management employees of the board of	25291
their salary no later than thirty days before the first day of the	25292
new contract year.	25293

(E) Each county board of developmental disabilities shall	25294
establish a lay-off policy to be followed if it determines a	25295
reduction in the number of management employees is necessary.	25296

(F) If a management employee position becomes vacant, the	25297
superintendent first shall consider whether to enter into an	25298
agreement with another county board for the sharing of personnel	25299
under 5126.02 of the Revised Code. If the superintendent	25300
determines there are no significant efficiencies or it is	25301
impractical to share personnel, the superintendent may employ a	25302
management employee to fill the vacancy.	25303

Sec. 5126.25. (A) The director of developmental disabilities	25304
shall adopt rules under division (C) of this section establishing	25305
uniform standards and procedures for the certification and	25306
registration of persons, other than the persons described in	25307
division (I) of this section, who are seeking employment with or	25308
are employed by either of the following:	25309

(1) A county board of developmental disabilities;

25310

(2) An entity that contracts with a county board to operate	25311
programs and services for individuals with mental retardation or	25312
developmental disabilities.	25313

(B) No person shall be employed in a position for which	25314
certification or registration is required pursuant to the rules	25315
adopted under this section without the certification or	25316
registration that is required for that position. The person shall	25317
not be employed or shall not continue to be employed if the	25318
required certification or registration is denied, revoked, or not	25319
renewed.	25320

(C) The director shall adopt rules in accordance with Chapter	25321
119. of the Revised Code as the director considers necessary to	25322
implement and administer this section, including rules	25323
establishing all of the following:	25324

(1) Positions of employment that are subject to this section	25325
and, for each position, whether a person must receive	25326
certification or receive registration to be employed in that	25327
position;	25328

(2) Requirements that must be met to receive the	25329
certification or registration required to be employed in a	25330
particular position, including standards regarding education,	25331
specialized training, and experience, taking into account the	25332
needs of individuals with mental retardation or developmental	25333
disabilities and the specialized techniques needed to serve them,	25334
except that the rules shall not require a person designated as a	25335
service employee under section 5126.22 of the Revised Code to have	25336
or obtain a bachelor's or higher degree;	25337

(3) Procedures to be followed in applying for initial	25338
certification or registration and for renewing the certification	25339
or registration.	25340

(4) Requirements that must be met for renewal of	25341
certification or registration, which may include continuing	25342
education and professional training requirements;	25343

(5) Subject to section 5126.23 of the Revised Code, grounds	25344
for which certification or registration may be denied, suspended,	25345
or revoked and procedures for appealing the denial, suspension, or	25346
revocation.	25347

(D) Each person seeking certification or registration for	25348
employment shall apply in the manner established in rules adopted	25349
under this section.	25350

(E)(1) Except as provided in division (E)(2) of this section,	25351
the superintendent of each county board is responsible for taking	25352
all actions regarding certification and registration of employees,	25353
other than the position of superintendent, early intervention	25354
supervisor, early intervention specialist, or investigative agent.	25355
For the position of superintendent, early intervention supervisor,	25356
early intervention specialist, or investigative agent, the	25357
director of developmental disabilities is responsible for taking	25358
all such actions.	25359

Actions that may be taken by the superintendent or director	25360
include issuing, renewing, denying, suspending, and revoking	25361
certification and registration. All actions shall be taken in	25362
accordance with the rules adopted under this section.	25363

The superintendent may charge a fee to persons applying for	25364
certification or registration. The superintendent shall establish	25365
the amount of the fee according to the costs the county board	25366
incurs in administering its program for certification and	25367
registration of employees.	25368

A person subject to the denial, suspension, or revocation of	25369
certification or registration may appeal the decision. The appeal	25370
shall be made in accordance with the rules adopted under this	25371
section.	25372

(2) Pursuant to division (C) of section 5126.05 of the	25373
Revised Code, the superintendent may enter into a contract with	25374
any other entity under which the entity is given authority to	25375
carry out all or part of the superintendent's responsibilities	25376
under division (E)(1) of this section.	25377

(F) A person with valid certification or registration under	25378
this section on the effective date of any rules adopted under this	25379
section that increase the standards applicable to the	25380
certification or registration shall have such period as the rules	25381
prescribe, but not less than one year after the effective date of	25382
the rules, to meet the new certification or registration	25383
standards.	25384

(G) A person with valid certification or registration is	25385
qualified to be employed according to that certification or	25386
registration by any county board or entity contracting with a	25387
county board.	25388

(H) The director shall monitor county boards to ensure that	25389
their employees and the employees of their contracting entities	25390
have the applicable certification or registration required under	25391
this section and that the employees are performing only those	25392
functions they are authorized to perform under the certification	25393
or registration. The superintendent of each county board or the	25394
superintendent's designee shall maintain in appropriate personnel	25395
files evidence acceptable to the director that the employees have	25396
met the requirements. On request, representatives of the	25397
department of developmental disabilities shall be given access to	25398
the evidence.	25399

(I) The certification and registration requirements of this	25400
section and the rules adopted under it do not apply to either of	25401
the following:	25402

(1) A person who holds a valid license issued or certificate	25403
issued under Chapter 3319. of the Revised Code and performs no	25404
duties other than teaching or supervision of a teaching program;	25405

(2) A person who holds a valid license or certificate issued	25406
under Title XLVII of the Revised Code and performs only those	25407
duties governed by the license or certificate.	25408

Sec. 5126.42. ~~(A) A~~Each county board of developmental	25409
disabilities shall establish ~~an advisory council composed of board~~	25410
~~members or employees of the board, providers, individuals~~	25411
~~receiving supported living, and advocates for individuals~~	25412
~~receiving supported living to provide on-going communication among~~	25413
~~all persons concerned with supported living.~~	25414

~~(B) The board shall develop~~ procedures for the resolution of	25415
grievances between the following:	25416

(A) The board and providers ~~or between the~~;

25417

(B) The board and an entity with which it has a shared	25418
funding agreement.	25419

~~(C) The board shall develop and implement a provider~~	25420
~~selection system. Each system shall enable an individual to choose~~	25421
~~to continue receiving supported living from the same providers, to~~	25422
~~select additional providers, or to choose alternative providers.~~	25423
~~Annually, the board shall review its provider selection system to~~	25424
~~determine whether it has been implemented in a manner that allows~~	25425
~~individuals fair and equitable access to providers.~~	25426

~~In developing a provider selection system, the county board~~	25427
~~shall create a pool of providers for individuals to use in~~	25428
~~choosing their providers of supported living. The pool shall be~~	25429
~~created by placing in the pool all providers on record with the~~	25430
~~board or by placing in the pool all providers approved by the~~	25431
~~board through soliciting requests for proposals for supported~~	25432
~~living contracts. In either case, only providers that are~~	25433
~~certified by the director of developmental disabilities may be~~	25434
~~placed in the pool.~~	25435

~~If the board places all providers on record in the pool, the~~	25436
~~board shall review the pool at least annually to determine whether~~	25437
~~each provider has continued interest in being a provider and has~~	25438
~~maintained its certification by the department. At any time, an~~	25439
~~interested and certified provider may make a request to the board~~	25440
~~that it be added to the pool, and the board shall add the provider~~	25441
~~to the pool not later than seven days after receiving the request.~~	25442

~~If the board solicits requests for proposals for inclusion of~~	25443
~~providers in the pool, the board shall develop standards for~~	25444
~~selecting the providers to be included. Requests for proposals~~	25445
~~shall be solicited at least annually. When requests are solicited,~~	25446
~~the board shall cause legal notices to be published once each week~~	25447
~~for two consecutive weeks in a newspaper of general circulation~~	25448
~~within the county or as provided in section 7.16 of the Revised~~	25449
~~Code. The board's formal request for proposals shall include a~~	25450
~~description of any applicable contract terms, the standards that~~	25451
~~are used to select providers for inclusion in the pool, and the~~	25452
~~process the board uses to resolve disputes arising from the~~	25453
~~selection process. The board shall accept requests from any entity~~	25454
~~interested in being a provider of supported living for individuals~~	25455
~~served by the board. Requests shall be approved or denied~~	25456
~~according to the standards developed by the board. Providers that~~	25457
~~previously have been placed in the pool are not required to~~	25458
~~resubmit a request for proposal to be included in the pool, unless~~	25459
~~the board's standards have been changed.~~	25460

~~In assisting an individual in choosing a provider, the county~~	25461
~~board shall provide the individual with uniform and consistent~~	25462
~~information pertaining to each provider in the pool. An individual~~	25463
~~may choose to receive supported living from a provider that is not~~	25464
~~included in the pool, if the provider is certified by the director~~	25465
~~of developmental disabilities.~~	25466

Sec. 5126.43. (A) After receiving notice from the department	25467
of developmental disabilities of the amount of state funds to be	25468
distributed to it for planning, developing, contracting for, and	25469
providing supported living, the county board of developmental	25470
disabilities shall arrange for supported living on behalf of and	25471
with the consent of individuals based on their individual service	25472
plans developed under section 5126.41 of the Revised Code. With	25473
the state distribution and any other money designated by the board	25474
for supported living, the board shall arrange for supported living	25475
in one or more of the following ways:	25476

(1) By contracting under section 5126.45 of the Revised Code	25477
with providers selected by the individual to be served;	25478

(2) By entering into shared funding agreements with state	25479
agencies, local public agencies, or political subdivisions at	25480
rates negotiated by the board;	25481

(3) By providing direct payment or vouchers to be used to	25482
purchase supported living, pursuant to a written contract in an	25483
amount determined by the board, to the individual or a person	25484
providing the individual with protective services as defined in	25485
section 5123.55 of the Revised Code.	25486

(B) The board may arrange for supported living only with	25487
providers that are certified by the director of developmental	25488
disabilities.	25489

When no certified provider is willing and able to provide	25490
supported living for an individual in accordance with the terms of	25491
the individual service plan for that individual, a county board	25492
may provide supported living directly if it is certified by the	25493
director of developmental disabilities to provide supported	25494
living.	25495

A county board may, for a period not to exceed ninety days,	25496
contract for or provide supported living without meeting the	25497
requirements of this section for an individual it determines to be	25498
in emergency need of supported living. Thereafter, the individual	25499
shall choose providers in accordance with sections 5126.046 and	25500
5126.41 ~~and 5126.42~~ of the Revised Code.	25501

Sec. 5126.45. (A) A contract between a county board of	25502
developmental disabilities and a provider of supported living	25503
shall be in writing and shall be based on the individual service	25504
plan developed by the individual under section 5126.41 of the	25505
Revised Code. The plan may be submitted as an addendum to the	25506
contract. An individual receiving services pursuant to a contract	25507
shall be considered a third-party beneficiary to the contract.	25508

(B) The contract shall be negotiated between the provider and	25509
the county board. The terms of the contract shall include at least	25510
the following:	25511

(1) The contract period and conditions for renewal;

25512

(2) The services to be provided pursuant to the individual	25513
service plan;	25514

(3) The rights and responsibilities of all parties to the	25515
contract;	25516

(4) The methods that will be used to evaluate the services	25517
delivered by the provider;	25518

(5) Procedures for contract modification that ensure all	25519
parties affected by the modification are involved and agree;	25520

(6) A process for resolving conflicts between individuals	25521
receiving services, the county board, and the provider, as	25522
applicable;	25523

(7) Procedures for the retention of applicable records;

25524

(8) Provisions for contract termination by any party involved	25525
that include requirements for an appropriate notice of intent to	25526
terminate the contract;	25527

(9) Methods to be used to document services provided;

25528

(10) Procedures for submitting reports required by the county	25529
board as a condition of receiving payment under the contract;	25530

(11) The method and schedule the board will use to make	25531
payments to the provider and whether periodic payment adjustments	25532
will be made to the provider;	25533

(12) Provisions for conducting fiscal reconciliations for	25534
payments made through methods other than a fee-for-service	25535
arrangement.	25536

(C) Payments to the provider under a supported living	25537
contract must be determined by the county board to be reasonable	25538
in accordance with policies and procedures developed by the county	25539
board. Goods or services provided without charge to the provider	25540
shall not be included as expenditures of the provider.	25541

(D) The county board shall establish procedures for	25542
reconciling expenditures and payments, other than those made under	25543
a fee-for-service arrangement, for the prior contract year when a	25544
contract is not renewed and shall reconcile expenditures and	25545
payments in accordance with these procedures.	25546

(E) A provider or an entity with which the county board has	25547
entered into a shared funding agreement may ~~appeal a negotiated~~	25548
~~contract or proposed shared funding rate to~~seek resolution of	25549
grievances with the county board using the procedures established	25550
by the county board under section 5126.42 of the Revised Code.	25551

Sec. 5139.05. (A) The juvenile court may commit any child to	25552
the department of youth services as authorized in Chapter 2152. of	25553
the Revised Code, provided that any child so committed shall be at	25554
least ten years of age at the time of the child's delinquent act,	25555
and, if the child is ten or eleven years of age, the delinquent	25556
act is a violation of section 2909.03 of the Revised Code or would	25557
be aggravated murder, murder, or a first or second degree felony	25558
offense of violence if committed by an adult. Any order to commit	25559
a child to an institution under the control and management of the	25560
department shall have the effect of ordering that the child be	25561
committed to the department and assigned to an institution or	25562
placed in a community corrections facility in accordance with	25563
division (E) of section 5139.36 of the Revised Code as follows:	25564

(1) For an indefinite term consisting of the prescribed	25565
minimum period specified by the court under division (A)(1) of	25566
section 2152.16 of the Revised Code and a maximum period not to	25567
exceed the child's attainment of twenty-one years of age, if the	25568
child was committed pursuant to section 2152.16 of the Revised	25569
Code;	25570

(2) Until the child's attainment of twenty-one years of age,	25571
if the child was committed for aggravated murder or murder	25572
pursuant to section 2152.16 of the Revised Code;	25573

(3) For a period of commitment that shall be in addition to,	25574
and shall be served consecutively with and prior to, a period of	25575
commitment described in division (A)(1) or (2) of this section, if	25576
the child was committed pursuant to section 2152.17 of the Revised	25577
Code;	25578

(4) If the child is ten or eleven years of age, to an	25579
institution, a residential care facility, a residential facility,	25580
or a facility licensed by the department of job and family	25581
services that the department of youth services considers best	25582
designated for the training and rehabilitation of the child and	25583
protection of the public. The child shall be housed separately	25584
from children who are twelve years of age or older until the child	25585
is released or discharged or until the child attains twelve years	25586
of age, whichever occurs first. Upon the child's attainment of	25587
twelve years of age, if the child has not been released or	25588
discharged, the department is not required to house the child	25589
separately.	25590

(B)(1) Except as otherwise provided in section 5139.54 of the	25591
Revised Code, the release authority of the department of youth	25592
services, in accordance with section 5139.51 of the Revised Code	25593
and at any time after the end of the minimum period specified	25594
under division (A)(1) of section 2152.16 of the Revised Code, may	25595
grant the release from custody of any child committed to the	25596
department.	25597

The order committing a child to the department of youth	25598
services shall state that the child has been adjudicated a	25599
delinquent child and state the minimum period. The jurisdiction of	25600
the court terminates at the end of the minimum period except as	25601
follows:	25602

(a) In relation to judicial release procedures, supervision,	25603
and violations;	25604

(b) With respect to functions of the court related to the	25605
revocation of supervised release that are specified in sections	25606
5139.51 and 5139.52 of the Revised Code;	25607

(c) In relation to its duties relating to serious youthful	25608
offender dispositional sentences under sections 2152.13 and	25609
2152.14 of the Revised Code.	25610

(2) When a child has been committed to the department under	25611
section 2152.16 of the Revised Code, the department shall retain	25612
legal custody of the child until one of the following:	25613

(a) The department discharges the child to the exclusive	25614
management, control, and custody of the child's parent or the	25615
guardian of the child's person or, if the child is eighteen years	25616
of age or older, discharges the child.	25617

(b) The committing court, upon its own motion, upon petition	25618
of the parent, guardian of the person, or next friend of a child,	25619
or upon petition of the department, terminates the department's	25620
legal custody of the child.	25621

(c) The committing court grants the child a judicial release	25622
to court supervision under section 2152.22 of the Revised Code.	25623

(d) The department's legal custody of the child is terminated	25624
automatically by the child attaining twenty-one years of age.	25625

(e) If the child is subject to a serious youthful offender	25626
dispositional sentence, the adult portion of that dispositional	25627
sentence is imposed under section 2152.14 of the Revised Code.	25628

(C) When a child is committed to the department of youth	25629
services, the department may assign the child to a hospital for	25630
mental, physical, and other examination, inquiry, or treatment for	25631
the period of time that is necessary. The department may remove	25632
any child in its custody to a hospital for observation, and a	25633
complete report of every observation at the hospital shall be made	25634
in writing and shall include a record of observation, treatment,	25635
and medical history and a recommendation for future treatment,	25636
custody, and maintenance. The department shall thereupon order the	25637
placement and treatment that it determines to be most conducive to	25638
the purposes of Chapters 2151. and 5139. of the Revised Code. The	25639
committing court and all public authorities shall make available	25640
to the department all pertinent data in their possession with	25641
respect to the case.	25642

(D) Records maintained by the department of youth services	25643
pertaining to the children in its custody shall be accessible only	25644
to department employees, except by consent of the department, upon	25645
the order of the judge of a court of record, or as provided in	25646
divisions (D)(1) and (2) of this section. These records shall not	25647
be considered "public records," as defined in section 149.43 of	25648
the Revised Code.	25649

(1) Except as otherwise provided by a law of this state or	25650
the United States, the department of youth services may release	25651
records that are maintained by the department of youth services	25652
and that pertain to children in its custody to the department of	25653
rehabilitation and correction regarding persons who are under the	25654
jurisdiction of the department of rehabilitation and correction	25655
and who have previously been committed to the department of youth	25656
services. The department of rehabilitation and correction may use	25657
those records for the limited purpose of carrying out the duties	25658
of the department of rehabilitation and correction. Records	25659
released by the department of youth services to the department of	25660
rehabilitation and correction shall remain confidential and shall	25661
not be considered public records as defined in section 149.43 of	25662
the Revised Code.	25663

(2) The department of youth services shall provide to the	25664
superintendent of the school district in which a child discharged	25665
or released from the custody of the department is entitled to	25666
attend school under section 3313.64 or 3313.65 of the Revised Code	25667
the records described in divisions (D)(4)(a) to (d) of section	25668
2152.18 of the Revised Code. Subject to the provisions of section	25669
3319.321 of the Revised Code and the Family Educational Rights and	25670
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to	25671
the superintendent shall remain confidential and shall not be	25672
considered public records as defined in section 149.43 of the	25673
Revised Code.	25674

(E)(1) When a child is committed to the department of youth	25675
services, the department, orally or in writing, shall notify the	25676
parent, guardian, or custodian of a child that the parent,	25677
guardian, or custodian may request at any time from the	25678
superintendent of the institution in which the child is located	25679
any of the information described in divisions (E)(1)(a), (b), (c),	25680
and (d) of this section. The parent, guardian, or custodian may	25681
provide the department with the name, address, and telephone	25682
number of the parent, guardian, or custodian, and, until the	25683
department is notified of a change of name, address, or telephone	25684
number, the department shall use the name, address, and telephone	25685
number provided by the parent, guardian, or custodian to provide	25686
notices or answer inquiries concerning the following information:	25687

(a) When the department of youth services makes a permanent	25688
assignment of the child to a facility, the department, orally or	25689
in writing and on or before the third business day after the day	25690
the permanent assignment is made, shall notify the parent,	25691
guardian, or custodian of the child of the name of the facility to	25692
which the child has been permanently assigned.	25693

If a parent, guardian, or custodian of a child who is	25694
committed to the department of youth services requests, orally or	25695
in writing, the department to provide the parent, guardian, or	25696
custodian with the name of the facility in which the child is	25697
currently located, the department, orally or in writing and on or	25698
before the next business day after the day on which the request is	25699
made, shall provide the name of that facility to the parent,	25700
guardian, or custodian.	25701

(b) If a parent, guardian, or custodian of a child who is	25702
committed to the department of youth services, orally or in	25703
writing, asks the superintendent of the institution in which the	25704
child is located whether the child is being disciplined by the	25705
personnel of the institution, what disciplinary measure the	25706
personnel of the institution are using for the child, or why the	25707
child is being disciplined, the superintendent or the	25708
superintendent's designee, on or before the next business day	25709
after the day on which the request is made, shall provide the	25710
parent, guardian, or custodian with written or oral responses to	25711
the questions.	25712

(c) If a parent, guardian, or custodian of a child who is	25713
committed to the department of youth services, orally or in	25714
writing, asks the superintendent of the institution in which the	25715
child is held whether the child is receiving any medication from	25716
personnel of the institution, what type of medication the child is	25717
receiving, or what condition of the child the medication is	25718
intended to treat, the superintendent or the superintendent's	25719
designee, on or before the next business day after the day on	25720
which the request is made, shall provide the parent, guardian, or	25721
custodian with oral or written responses to the questions.	25722

(d) When a major incident occurs with respect to a child who	25723
is committed to the department of youth services, the department,	25724
as soon as reasonably possible after the major incident occurs,	25725
shall notify the parent, guardian, or custodian of the child that	25726
a major incident has occurred with respect to the child and of all	25727
the details of that incident that the department has ascertained.	25728

(2) The failure of the department of youth services to	25729
provide any notification required by or answer any requests made	25730
pursuant to division (E) of this section does not create a cause	25731
of action against the state.	25732

(F) The department of youth services, as a means of	25733
punishment while the child is in its custody, shall not prohibit a	25734
child who is committed to the department from seeing that child's	25735
parent, guardian, or custodian during standard visitation periods	25736
allowed by the department of youth services unless the	25737
superintendent of the institution in which the child is held	25738
determines that permitting that child to visit with the child's	25739
parent, guardian, or custodian would create a safety risk to that	25740
child, that child's parents, guardian, or custodian, the personnel	25741
of the institution, or other children held in that institution.	25742

(G) As used in this section:

25743

(1) "Permanent assignment" means the assignment or transfer	25744
for an extended period of time of a child who is committed to the	25745
department of youth services to a facility in which the child will	25746
receive training or participate in activities that are directed	25747
toward the child's successful rehabilitation. "Permanent	25748
assignment" does not include the transfer of a child to a facility	25749
for judicial release hearings pursuant to section 2152.22 of the	25750
Revised Code or for any other temporary assignment or transfer to	25751
a facility.	25752

(2) "Major incident" means the escape or attempted escape of	25753
a child who has been committed to the department of youth services	25754
from the facility to which the child is assigned; the return to	25755
the custody of the department of a child who has escaped or	25756
otherwise fled the custody and control of the department without	25757
authorization; the allegation of any sexual activity with a child	25758
committed to the department; physical injury to a child committed	25759
to the department as a result of alleged abuse by department	25760
staff; an accident resulting in injury to a child committed to the	25761
department that requires medical care or treatment outside the	25762
institution in which the child is located; the discovery of a	25763
controlled substance upon the person or in the property of a child	25764
committed to the department; a suicide attempt by a child	25765
committed to the department; a suicide attempt by a child	25766
committed to the department that results in injury to the child	25767
requiring emergency medical services outside the institution in	25768
which the child is located; the death of a child committed to the	25769
department; an injury to a visitor at an institution under the	25770
control of the department that is caused by a child committed to	25771
the department; and the commission or suspected commission of an	25772
act by a child committed to the department that would be an	25773
offense if committed by an adult.	25774

(3) "Sexual activity" has the same meaning as in section	25775
2907.01 of the Revised Code.	25776

(4) "Controlled substance" has the same meaning as in section	25777
3719.01 of the Revised Code.	25778

(5) "Residential care facility" and "residential facility"	25779
have the same meanings as in section 2151.011 of the Revised Code.	25780

Sec. 5139.12. Any person who is required, pursuant to	25781
division (A) of section 2151.421 of the Revised Code, to report	25782
the person's knowledge of or reasonable cause to suspect abuse or	25783
neglect or threat of abuse or neglect of a child under eighteen	25784
years of age or a mentally retarded, developmentally disabled, or	25785
physically impaired child under twenty-one years of age or any	25786
person who is permitted, pursuant to division (B) of that section,	25787
to report, or cause such a report to be made and who makes or	25788
causes the report to be made, shall direct that report to the	25789
state highway patrol if the child is a delinquent child in the	25790
custody of an institution. If the state highway patrol determines	25791
after receipt of the report that there is probable cause that	25792
abuse or neglect or threat of abuse or neglect of the delinquent	25793
child occurred, the highway patrol shall report its findings to	25794
the department of youth services, to the court that ordered the	25795
disposition of the delinquent child for the act that would have	25796
been an offense if committed by an adult and for which the	25797
delinquent child is in the custody of the department, to the	25798
public children services agency in the county in which the child	25799
resides or in which the abuse or neglect or threat of abuse or	25800
neglect occurred, and to the chairperson and vice-chairperson of	25801
the correctional institution inspection committee established by	25802
section 103.71 of the Revised Code.	25803

Sec. 5139.34. (A) Funds may be appropriated to the	25804
department of youth services for the purpose of granting state	25805
subsidies to counties. A county or the juvenile court that serves	25806
a county shall use state subsidies granted to the county pursuant	25807
to this section only in accordance with divisions (B)(2)(a) and	25808
(3)(a) of section 5139.43 of the Revised Code and the rules	25809
pertaining to the state subsidy funds that the department adopts	25810
pursuant to division (D) of section 5139.04 of the Revised Code.	25811
The department shall not grant financial assistance pursuant to	25812
this section for the provision of care and services for children	25813
in a placement facility unless the facility has been certified,	25814
licensed, or approved by a state or national agency with	25815
certification, licensure, or approval authority, including, but	25816
not limited to, the department of job and family services,	25817
department of education, department of mental health and addiction	25818
services, department of developmental disabilities, or American	25819
correctional association. For the purposes of this section,	25820
placement facilities do not include a state institution or a	25821
county or district children's home.	25822

The department also shall not grant financial assistance	25823
pursuant to this section for the provision of care and services	25824
for children, including, but not limited to, care and services in	25825
a detention facility, in another facility, or in out-of-home	25826
placement, unless the minimum standards applicable to the care and	25827
services that the department prescribes in rules adopted pursuant	25828
to division (D) of section 5139.04 of the Revised Code have been	25829
satisfied.	25830

(B) The department of youth services shall apply the	25831
following formula to determine the amount of the annual grant that	25832
each county is to receive pursuant to division (A) of this	25833
section, subject to the appropriation for this purpose to the	25834
department made by the general assembly:	25835

(1) Each county shall receive a basic annual grant of fifty	25836
thousand dollars.	25837

(2) The sum of the basic annual grants provided under	25838
division (B)(1) of this section shall be subtracted from the total	25839
amount of funds appropriated to the department of youth services	25840
for the purpose of making grants pursuant to division (A) of this	25841
section to determine the remaining portion of the funds	25842
appropriated. The remaining portion of the funds appropriated	25843
shall be distributed on a per capita basis to each county that has	25844
a population of more than twenty-five thousand for that portion of	25845
the population of the county that exceeds twenty-five thousand.	25846

(C)(1) Prior to a county's receipt of an annual grant	25847
pursuant to this section, the juvenile court that serves the	25848
county shall prepare, submit, and file in accordance with division	25849
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	25850
agreement and application for funding that is for the combined	25851
purposes of, and that satisfies the requirements of, this section	25852
and section 5139.43 of the Revised Code. In addition to the	25853
subject matters described in division (B)(3)(a) of section 5139.43	25854
of the Revised Code or in the rules that the department adopts to	25855
implement that division, the annual grant agreement and	25856
application for funding shall address fiscal accountability and	25857
performance matters pertaining to the programs, care, and services	25858
that are specified in the agreement and application and for which	25859
state subsidy funds granted pursuant to this section will be used.	25860

(2) The county treasurer of each county that receives an	25861
annual grant pursuant to this section shall deposit the state	25862
subsidy funds so received into the county's felony delinquent care	25863
and custody fund created pursuant to division (B)(1) of section	25864
5139.43 of the Revised Code. Subject to exceptions prescribed in	25865
section 5139.43 of the Revised Code that may apply to the	25866
disbursement, the department shall disburse the state subsidy	25867
funds to which a county is entitled in a lump sum payment that	25868
shall be made in July of each calendar year.	25869

(3) Upon an order of the juvenile court that serves a county	25870
and subject to appropriation by the board of county commissioners	25871
of that county, a county treasurer shall disburse from the	25872
county's felony delinquent care and custody fund the state subsidy	25873
funds granted to the county pursuant to this section for use only	25874
in accordance with this section, the applicable provisions of	25875
section 5139.43 of the Revised Code, and the county's approved	25876
annual grant agreement and application for funding.	25877

(4) The moneys in a county's felony delinquent care and	25878
custody fund that represent state subsidy funds granted pursuant	25879
to this section are subject to appropriation by the board of	25880
county commissioners of the county; shall be disbursed by the	25881
county treasurer as required by division (C)(3) of this section;	25882
shall be used in the manners referred to in division (C)(3) of	25883
this section; shall not revert to the county general fund at the	25884
end of any fiscal year; shall carry over in the felony delinquent	25885
care and custody fund from the end of any fiscal year to the next	25886
fiscal year; shall be in addition to, and shall not be used to	25887
reduce, any usual annual increase in county funding that the	25888
juvenile court is eligible to receive or the current level of	25889
county funding of the juvenile court and of any programs, care, or	25890
services for alleged or adjudicated delinquent children, unruly	25891
children, or juvenile traffic offenders or for children who are at	25892
risk of becoming delinquent children, unruly children, or juvenile	25893
traffic offenders; and shall not be used to pay for the care and	25894
custody of felony delinquents who are in the care and custody of	25895
an institution pursuant to a commitment, recommitment, or	25896
revocation of a release on parole by the juvenile court of that	25897
county or who are in the care and custody of a community	25898
corrections facility pursuant to a placement by the department	25899
~~with the consent of the juvenile court~~ as described in division	25900
(E) of section 5139.36 of the Revised Code.	25901

(5) As a condition of the continued receipt of state subsidy	25902
funds pursuant to this section, each county and the juvenile court	25903
that serves each county that receives an annual grant pursuant to	25904
this section shall comply with divisions (B)(3)(b), (c), and (d)	25905
of section 5139.43 of the Revised Code.	25906

Sec. 5139.36. (A) In accordance with this section and the	25907
rules adopted under it and from funds appropriated to the	25908
department of youth services for the purposes of this section, the	25909
department shall make grants that provide financial resources to	25910
operate community corrections facilities for felony delinquents.	25911

(B)(1) Each community corrections facility that intends to	25912
seek a grant under this section shall file an application with the	25913
department of youth services at the time and in accordance with	25914
the procedures that the department shall establish by rules	25915
adopted in accordance with Chapter 119. of the Revised Code. In	25916
addition to other items required to be included in the	25917
application, a plan that satisfies both of the following shall be	25918
included:	25919

(a) It reduces the number of felony delinquents committed to	25920
the department from the county or counties associated with the	25921
community corrections facility.	25922

(b) It ensures equal access for minority felony delinquents	25923
to the programs and services for which a potential grant would be	25924
used.	25925

(2) The department of youth services shall review each	25926
application submitted pursuant to division (B)(1) of this section	25927
to determine whether the plan described in that division, the	25928
community corrections facility, and the application comply with	25929
this section and the rules adopted under it.	25930

(C) To be eligible for a grant under this section and for	25931
continued receipt of moneys comprising a grant under this section,	25932
a community corrections facility shall satisfy at least all of the	25933
following requirements:	25934

(1) Be constructed, reconstructed, or improved, and be	25935
financed by the treasurer of state pursuant to section 307.021 of	25936
the Revised Code and Chapter 154. of the Revised Code, for the use	25937
of the department of youth services and be designated as a	25938
community corrections facility;	25939

(2) Have written standardized criteria governing the types of	25940
felony delinquents that are eligible for the programs and services	25941
provided by the facility;	25942

(3) Have a written standardized intake screening process and	25943
an intake committee that at least performs both of the following	25944
tasks:	25945

(a) Screens all eligible felony delinquents who are being	25946
considered for admission to the facility in lieu of commitment to	25947
the department;	25948

(b) Notifies, within ten days after the date of the referral	25949
of a felony delinquent to the facility, the committing court	25950
whether the felony delinquent will be admitted to the facility.	25951

(4) Comply with all applicable fiscal and program rules that	25952
the department adopts in accordance with Chapter 119. of the	25953
Revised Code and demonstrate that felony delinquents served by the	25954
facility have been or will be diverted from a commitment to the	25955
department.	25956

(D) The department of youth services shall determine the	25957
method of distribution of the funds appropriated for grants under	25958
this section to community corrections facilities.	25959

(E)(1) The department of youth services shall adopt rules in	25960
accordance with Chapter 119. of the Revised Code to establish the	25961
minimum occupancy threshold of community corrections facilities.	25962

(2) A child in the custody of the department of youth	25963
services may be placed in a community corrections facility in	25964
accordance with either division (E)(2)(a) or (b) of this section.	25965
A child placed in a community corrections facility pursuant to	25966
either division shall remain in the legal custody of the	25967
department of youth services during the period in which the child	25968
is in the community corrections facility. The department shall	25969
charge bed days to the county in accordance with sections 5139.41	25970
to 5139.43 of the Revised Code.	25971

(a) The department may make referrals for the placement of	25972
children in its custody to a community corrections facility. At	25973
least forty-five days prior to the referral of a child or within	25974
any shorter period prior to the referral of the child that the	25975
committing court may allow, the department shall notify the	25976
committing court of its intent to place the child in a community	25977
corrections facility. The court shall have thirty days after the	25978
receipt of the notice to approve or disapprove the placement. If	25979
the court does not respond to the notice of the placement within	25980
that thirty-day period, the department shall proceed with the	25981
placement ~~and debit the county in accordance with sections 5139.41~~	25982
~~to 5139.43 of the Revised Code. A child placed in a community~~	25983
~~corrections facility pursuant to this division shall remain in the~~	25984
~~legal custody of the department of youth services during the~~	25985
~~period in which the child is in the community corrections~~	25986
~~facility~~.	25987

(b) The department may, with the consent of the juvenile	25988
court with jurisdiction over the Montgomery county center for	25989
adolescent services, establish a single unit within the community	25990
corrections facility for female felony delinquents committed to	25991
the department's custody. If the unit is established under this	25992
division, the department may place a female felony delinquent	25993
committed to the department's custody into the unit in the	25994
community corrections facility.	25995

(3) Counties that are not associated with a community	25996
corrections facility may refer children to a community corrections	25997
facility with the consent of the facility. The department of youth	25998
services shall debit the county that makes the referral in	25999
accordance with sections 5139.41 to 5139.43 of the Revised Code.	26000

(F) The board or other governing body of a community	26001
corrections facility shall meet not less often than once per	26002
quarter. A community corrections facility may reimburse the	26003
members of the board or other governing body of the facility and	26004
the members of an advisory board created by the board or other	26005
governing body of the facility for their actual and necessary	26006
expenses incurred in the performance of their official duties. The	26007
members of the board or other governing body of the facility and	26008
the members of an advisory board created by the board or other	26009
governing body of the facility shall serve without compensation.	26010

Sec. 5139.41. The appropriation made to the department of	26011
youth services for care and custody of felony delinquents shall be	26012
expended in accordance with the following procedure that the	26013
department shall use for each year of a biennium. The procedure	26014
shall be consistent with sections 5139.41 to 5139.43 of the	26015
Revised Code and shall be developed in accordance with the	26016
following guidelines:	26017

(A) The line item appropriation for the care and custody of	26018
felony delinquents shall provide funding for operational costs for	26019
the following:	26020

(1) Institutions and the diagnosis, care, or treatment of	26021
felony delinquents at facilities pursuant to contracts entered	26022
into under section 5139.08 of the Revised Code;	26023

(2) Community corrections facilities constructed,	26024
reconstructed, improved, or financed as described in section	26025
5139.36 of the Revised Code for the purpose of providing	26026
alternative placement and services for felony delinquents who have	26027
been diverted from care and custody in institutions;	26028

(3) County juvenile courts that administer programs and	26029
services for prevention, early intervention, diversion, treatment,	26030
and rehabilitation services and programs that are provided for	26031
alleged or adjudicated unruly or delinquent children or for	26032
children who are at risk of becoming unruly or delinquent	26033
children;	26034

(4) Administrative expenses the department incurs in	26035
connection with the felony delinquent care and custody programs	26036
described in section 5139.43 of the Revised Code.	26037

(B) From the appropriated line item for the care and custody	26038
of felony delinquents, the department, with the advice of the	26039
RECLAIM advisory committee established under section 5139.44 of	26040
the Revised Code, shall allocate annual operational funds for	26041
county juvenile programs, institutional care and custody,	26042
community corrections facilities care and custody, and	26043
administrative expenses incurred by the department associated with	26044
felony delinquent care and custody programs. The department, with	26045
the advice of the RECLAIM advisory committee, shall adjust these	26046
allocations, when modifications to this line item are made by	26047
legislative or executive action.	26048

(C) The department shall divide county juvenile program	26049
allocations among county juvenile courts that administer programs	26050
and services for prevention, early intervention, diversion,	26051
treatment, and rehabilitation that are provided for alleged or	26052
adjudicated unruly or delinquent children or for children who are	26053
at risk of becoming unruly or delinquent children. The department	26054
shall base funding on the county's previous year's ratio of the	26055
department's institutional and community ~~correctional~~corrections	26056
facilities commitments to that county's average of felony	26057
adjudications, as specified in the following formula:	26058

(1) The department shall give to each county a proportional	26059
allocation of commitment credits. The proportional allocation of	26060
commitment credits shall be calculated by the following	26061
procedures:	26062

(a) The department shall determine for each county and for	26063
the state an average of felony adjudications. Beginning July 1,	26064
2012, the average shall include felony adjudications for fiscal	26065
year 2007 and for each subsequent fiscal year through fiscal year	26066
2016. Beginning July 1, 2017, the most recent felony adjudication	26067
data shall be included and the oldest fiscal year data shall be	26068
removed so that a ten-year average of felony adjudication data	26069
will be maintained.	26070

(b) The department shall determine for each county and for	26071
the state the number of charged bed days, for both the department	26072
and community ~~correctional~~corrections facilities, from the	26073
previous year.	26074

(c) The department shall divide the statewide total number of	26075
charged bed days by the statewide total number of felony	26076
adjudications, which quotient shall then be multiplied by a factor	26077
determined by the department.	26078

(d) The department shall calculate the county's allocation of	26079
credits by multiplying the number of adjudications for each court	26080
by the result determined pursuant to division (C)(1)(c) of this	26081
section.	26082

(2) The department shall subtract from the allocation	26083
determined pursuant to division (C)(1) of this section a credit	26084
for every chargeable bed day while a youth ~~stays~~is in a	26085
~~department institution~~the department's custody and two-thirds of	26086
credit for every chargeable bed day a youth stays in a community	26087
~~correctional~~corrections facility, except for public safety beds.	26088
At the end of the year, the department shall divide the amount of	26089
remaining credits of that county's allocation by the total number	26090
of remaining credits to all counties, to determine the county's	26091
percentage, which shall then be applied to the total county	26092
allocation to determine the county's payment for the fiscal year.	26093

(3) The department shall pay counties three times during the	26094
fiscal year to allow for credit reporting and audit adjustments,	26095
and modifications to the appropriated line item for the care and	26096
custody of felony delinquents, as described in this section. The	26097
department shall pay fifty per cent of the payment by the	26098
fifteenth of July of each fiscal year, twenty-five per cent by the	26099
fifteenth of January of that fiscal year, and twenty-five per cent	26100
of the payment by the fifteenth of June of that fiscal year.	26101

Sec. 5139.45. (A) As used in this section:

26102

(1) "Institution" means a state facility that is created by	26103
the general assembly and that is under the management and control	26104
of the department of youth services or a private entity with which	26105
the department has contracted for the institutional care and	26106
custody of felony delinquents.	26107

(2) "Quality assurance program" means a comprehensive program	26108
within the department of youth services to systematically review	26109
and improve the quality of programming, operations, education,	26110
medical and mental health services within the department and the	26111
department's institutions, the safety and security of persons	26112
receiving care and services within the department and the	26113
department's institutions, and the efficiency and effectiveness of	26114
the utilization of staff and resources in the delivery of services	26115
within the department and the department's institutions.	26116

(3) "Quality assurance program activities" means the	26117
activities of the institution and the office of quality assurance	26118
and improvement, of persons who provide, collect, or compile	26119
information and reports required by the office of quality	26120
assurance and improvement, and of persons who receive, review, or	26121
implement the recommendations made by the office of quality	26122
assurance and improvement. "Quality assurance program activities"	26123
include credentialing, infection control, utilization review	26124
including access to patient care, patient care assessments,	26125
medical and mental health records, medical and mental health	26126
resource management, mortality and morbidity review, and	26127
identification and prevention of medical or mental health	26128
incidents and risks, whether performed by the office of quality	26129
assurance and improvement or by persons who are directed by the	26130
office of quality assurance and improvement.	26131

(4) "Quality assurance record" means the proceedings,	26132
records, minutes, and reports that result from quality assurance	26133
program activities. "Quality assurance record" does not include	26134
aggregate statistical information that does not disclose the	26135
identity of persons receiving or providing services in	26136
institutions.	26137

(B) The office of quality assurance and improvement is hereby	26138
created as an office in the department of youth services. The	26139
director of youth services shall appoint a managing officer to	26140
carry out quality assurance program activities.	26141

(C)(1) Except as otherwise provided in division (F) of this	26142
section, quality assurance records are confidential and are not	26143
public records under section 149.43 of the Revised Code and shall	26144
be used only in the course of the proper functions of a quality	26145
assurance program.	26146

(2) Except as provided in division (F) of this section, no	26147
person who possesses or has access to quality assurance records	26148
and who knows that the records are quality assurance records shall	26149
willfully disclose the contents of the records to any person or	26150
entity.	26151

(D)(1) Except as otherwise provided in division (F) of this	26152
section, a quality assurance record is not subject to discovery	26153
and is not admissible as evidence in any judicial or	26154
administrative proceeding.	26155

(2) Except as provided in division (F) of this section, no	26156
employee of the office of quality assurance and improvement or a	26157
person who is performing a function that is part of a quality	26158
assurance program shall be permitted or required to testify in a	26159
judicial or administrative proceeding with respect to a quality	26160
assurance record or with respect to any finding, recommendation,	26161
evaluation, opinion, or other action taken by the office or	26162
program or by the person within the scope of the quality assurance	26163
program.	26164

(3) Information, documents, or records otherwise available	26165
from original sources shall not be unavailable for discovery or	26166
inadmissible as evidence in a judicial or administrative	26167
proceeding under division (D)(1) of this section merely because	26168
they were presented to the office of quality assurance and	26169
improvement. No person who is an employee of the office of quality	26170
assurance and improvement shall be prohibited from testifying as	26171
to matters within the person's knowledge, but the person shall not	26172
be asked about an opinion formed by the person as a result of the	26173
person's quality assurance program activities.	26174

(E)(1) A person who, without malice and in the reasonable	26175
belief that the information is warranted by the facts known to the	26176
person, provides information to a person engaged in quality	26177
assurance program activities is not liable for damages in a civil	26178
action for injury, death, or loss to person or property as a	26179
result of providing the information.	26180

(2) An employee of the office of quality assurance and	26181
improvement, a person engaged in quality assurance program	26182
activities, or an employee of the department of youth services	26183
shall not be liable in damages in a civil action for injury,	26184
death, or loss to person or property for any acts, omissions,	26185
decisions, or other conduct within the scope of the functions of	26186
the quality assurance program.	26187

(3) Nothing in this section shall relieve any institution	26188
from liability arising from the treatment of a patient.	26189

(F) Quality assurance records may be disclosed, and testimony	26190
may be provided concerning quality assurance records, only to the	26191
following persons or entities or under the following	26192
circumstances:	26193

(1) Persons who are employed or retained by the department of	26194
youth services and who have the authority to evaluate or implement	26195
the recommendations of an institution or the office of quality	26196
assurance and improvement;	26197

(2) Public or private agencies or organizations if needed to	26198
perform a licensing or accreditation function related to	26199
institutions or to perform monitoring of institutions as required	26200
by law;	26201

(3) A governmental board or agency, a professional health	26202
care society or organization, or a professional standards review	26203
organization, if the records or testimony are needed to perform	26204
licensing, credentialing, or monitoring of professional standards	26205
with respect to medical or mental health professionals employed or	26206
retained by the department;	26207

(4) A criminal or civil law enforcement agency or public	26208
health agency charged by law with the protection of public health	26209
or safety, if a qualified representative of the agency makes a	26210
written request stating that the records or testimony are	26211
necessary for a purpose authorized by law;	26212

(5) In a judicial or administrative proceeding commenced by	26213
an entity described in division (F)(3) or (4) of this section for	26214
a purpose described in that division but only with respect to the	26215
subject of the proceedings.	26216

(G) A disclosure of quality assurance records pursuant to	26217
division (F) of this section does not otherwise waive the	26218
confidential and privileged status of the disclosed quality	26219
assurance records. The names and other identifying information	26220
regarding individual patients or employees of the office of	26221
quality assurance and improvement contained in a quality assurance	26222
record shall be redacted from the record prior to the disclosure	26223
of the record unless the identity of an individual is necessary	26224
for the purpose for which the disclosure is being made and does	26225
not constitute a clearly unwarranted invasion of personal privacy.	26226

Sec. 5153.21. The board of county commissioners may	26227
establish a children's home upon the recommendation of the public	26228
children services agency and subject to certification by the	26229
department of job and family services under section 5103.03 of the	26230
Revised Code and the requirements of sections 5103.05 and 5103.051	26231
of the Revised Code.	26232

Sec. 5153.42. District children's homes shall be	26233
established, operated, maintained, and managed in the same manner	26234
so far as applicable as county children's homes and shall be	26235
subject to the requirements of sections 5103.05 and 5103.051 of	26236
the Revised Code.	26237

Sec. 5155.28. (A) As used in this section:

26238

(1) "Nursing facility" has the same meaning as in section	26239
5165.01 of the Revised Code.	26240

(2) "PASRR" means the preadmission screening and annual	26241
resident review of individuals with mental illnesses and	26242
intellectual disabilities required by the "Social Security Act,"	26243
42 U.S.C. 1396r(e)(7).	26244

(B) A county home or district home that is a nursing facility	26245
may provide sub-acute detoxification services to residents who	26246
have been determined by PASRR to be addicted to opioids. The	26247
sub-acute detoxification services shall include monitoring of such	26248
residents twenty-four hours a day by health care professionals.	26249

Sec. 5165.03. (A) As used in this section:

26250

(1) "Dementia" includes Alzheimer's disease or a related	26251
disorder.	26252

(2) "Serious mental illness" means "serious mental illness,"	26253
as defined by the United States department of health and human	26254
services in regulations adopted under the "Social Security Act,"	26255
section 1919(e)(7)(G)(i), 42 U.S.C. 1396r(e)(7)(G)(i).	26256

(3) "Mentally ill individual" means an individual who has a	26257
serious mental illness other than either of the following:	26258

(a) A primary diagnosis of dementia;

26259

(b) A primary diagnosis that is not a primary diagnosis of	26260
dementia and a primary diagnosis of something other than a serious	26261
mental illness.	26262

(4) "Mentally retarded individual" means an individual who is	26263
mentally retarded or has a related condition, as described in the	26264
"Social Security Act," section 1905(d), 42 U.S.C. 1396d(d).	26265

(5) "Specialized services" means the services specified by	26266
the United States department of health and human services in	26267
regulations adopted under the "Social Security Act," section	26268
1919(e)(7)(G)(iii), 42 U.S.C. 1396r(e)(7)(G)(iii).	26269

(B)(1) Except as provided in division (D) of this section, no	26270
nursing facility shall admit as a resident any mentally ill	26271
individual unless the facility has received evidence that the	26272
department of mental health and addiction services has determined	26273
both of the following under section 5119.40 of the Revised Code:	26274

(a) That the individual requires the level of services	26275
provided by a nursing facility because of the individual's	26276
physical and mental condition;	26277

(b) Whether the individual requires specialized services for	26278
mental illness.	26279

(2) Except as provided in division (D) of this section, no	26280
nursing facility shall admit as a resident any mentally retarded	26281
individual unless the facility has received evidence that the	26282
department of developmental disabilities has determined both of	26283
the following under section 5123.021 of the Revised Code:	26284

(a) That the individual requires the level of services	26285
provided by a nursing facility because of the individual's	26286
physical and mental condition;	26287

(b) Whether the individual requires specialized services for	26288
mental retardation.	26289

(C) The department of medicaid shall not make medicaid	26290
payments to a nursing facility on behalf of any individual who is	26291
admitted to the facility in violation of division (B) of this	26292
section for the period beginning on the date of admission and	26293
ending on the date the requirements of division (B) of this	26294
section are met.	26295

(D) A determination under division (B) of this section is not	26296
required for any individual who is exempted from the requirement	26297
that a determination be made by ~~division~~any of the following:	26298

(1) Division (B)(2) of section 5119.40 of the Revised Code or	26299
~~rules~~;	26300

(2) Rules adopted by the department of mental health and	26301
addiction services under division (E)(3) of ~~that~~ section~~, or by~~	26302
~~division~~5119.40 of the Revised Code;	26303

(3) Division (A)(1) of section 5119.401 of the Revised Code;

26304

(4) Division (B)(2) of section 5123.021 of the Revised Code	26305
~~or rules~~;	26306

(5) Rules adopted by the department of developmental	26307
disabilities under division (E)(3) of ~~that~~ section 5123.021 of the	26308
Revised Code.	26309

Sec. 5165.031. An individual who applies for admission to or	26310
resides in a nursing facility may appeal if adversely affected by	26311
a determination made by the department of mental health and	26312
addiction services under section 5119.40 of the Revised Code, by a	26313
case manager under section 5119.401 of the Revised Code, or by the	26314
department of developmental disabilities under section 5123.021 of	26315
the Revised Code. If the individual is an applicant for or	26316
recipient of medicaid, the individual may appeal pursuant to	26317
section 5160.31 of the Revised Code. If the individual is not an	26318
applicant for or recipient of medicaid, the individual may appeal	26319
pursuant to a process the department of medicaid shall establish,	26320
which shall be similar to the appeals process established by	26321
section 5101.35 of the Revised Code. The department of medicaid	26322
shall provide notice of the right to appeal to individuals	26323
adversely affected by determinations made under sections 5119.40,	26324
5119.401, and 5123.021 of the Revised Code. Any decision made on	26325
the basis of such an appeal is binding on the department of mental	26326
health and addiction services and the department of developmental	26327
disabilities.	26328

Sec. 5165.10. (A) Except as provided in division ~~(D)~~(C) of	26329
this section, each nursing facility provider shall file with the	26330
department of medicaid an annual cost report for each of the	26331
provider's nursing facilities that participate in the medicaid	26332
program. The cost report for a year shall cover the calendar year	26333
or the portion of the calendar year during which the nursing	26334
facility participated in the medicaid program. Except as provided	26335
in division ~~(E)~~(D) of this section, the cost report is due not	26336
later than ninety days after the end of the calendar year, or	26337
portion of the calendar year, that the cost report covers.	26338

(B) If a nursing facility undergoes a change of provider that	26339
the department determines, in accordance with rules adopted under	26340
section 5165.02 of the Revised Code, is not an arm's length	26341
transaction, the new provider shall file the nursing facility's	26342
cost report in accordance with division (A) of this section and	26343
the cost report shall cover the portion of the calendar year	26344
during which the new provider operated the nursing facility and	26345
the portion of the calendar year during which the previous	26346
provider operated the nursing facility.	26347

(C) ~~If the medicaid payment rate for a new nursing facility~~	26348
~~was most recently determined in accordance with section 5165.151~~	26349
~~of the Revised Code, the provider shall file with the department a~~	26350
~~cost report for the new nursing facility not later than, except as~~	26351
~~provided in division (E) of this section, ninety days after the~~	26352
~~end of the new nursing facility's first three full calendar months~~	26353
~~of operation. The cost report shall cover the period that begins~~	26354
~~with the nursing facility's first day of operation and ends on the~~	26355
~~first day of the month immediately following the first three full~~	26356
~~months of operation.~~	26357

~~(D) A nursing facility~~The provider of a new nursing facility	26358
is not required to file a cost report ~~for a nursing facility for a~~	26359
~~calendar year~~ in accordance with division (A) of this section for	26360
the first calendar year that the provider has a provider agreement	26361
for the nursing facility if the ~~provider files a cost report for~~	26362
~~the nursing facility under division (C) of this section and that~~	26363
~~cost report covers a period that begins~~initial provider agreement	26364
goes into effect after the first day of October of that calendar	26365
year. The provider shall file a cost report for the nursing	26366
facility in accordance with division (A) of this section for the	26367
immediately following calendar year.	26368

~~(E)~~(D) The department may grant to a provider a fourteen-day	26369
extension to file a cost report under this section if the provider	26370
provides the department a written request for the extension and	26371
the department determines that there is good cause for the	26372
extension.	26373

Sec. 5165.106. If a nursing facility provider required by	26374
section 5165.10 of the Revised Code to file a cost report for the	26375
nursing facility fails to file the cost report by the date it is	26376
due or the date, if any, to which the due date is extended	26377
pursuant to division ~~(E)~~(D) of that section, or files an	26378
incomplete or inadequate report for the nursing facility under	26379
that section, the department of medicaid shall provide immediate	26380
written notice to the provider that the provider agreement for the	26381
nursing facility will be terminated in thirty days unless the	26382
provider submits a complete and adequate cost report for the	26383
nursing facility within thirty days. During the thirty-day	26384
termination period or any additional time allowed for an appeal of	26385
the proposed termination of a provider agreement, the provider	26386
shall be paid the nursing facility's then current per medicaid day	26387
payment rate, minus the dollar amount by which nursing facility's	26388
per medicaid day payment rates are reduced during fiscal year 2013	26389
in accordance with division (A)(2) of section 5111.26 of the	26390
Revised Code (renumbered as section 5165.10 of the Revised Code by	26391
H.B. 59 of the 130th general assembly) as that section existed on	26392
the day immediately preceding ~~the effective date of this section~~	26393
September 29, 2013. On the first day of each July, the department	26394
shall adjust the amount of the reduction in effect during the	26395
previous twelve months to reflect the rate of inflation during the	26396
preceding twelve months, as shown in the consumer price index for	26397
all items for all urban consumers for the north central region,	26398
published by the United States bureau of labor statistics.	26399

Sec. 5165.15. (A) Except as otherwise provided by sections	26400
5165.151 to ~~5165.156~~5165.157 and 5165.34 of the Revised Code, the	26401
total per medicaid day payment rate that the department of	26402
medicaid shall pay a nursing facility provider for nursing	26403
facility services the provider's nursing facility provides during	26404
a fiscal year shall equal the sum of all of the following:	26405

(1) The per medicaid day payment rate for ancillary and	26406
support costs determined for the nursing facility under section	26407
5165.16 of the Revised Code;	26408

(2) The per medicaid day payment rate for capital costs	26409
determined for the nursing facility under section 5165.17 of the	26410
Revised Code;	26411

(3) The per medicaid day payment rate for direct care costs	26412
determined for the nursing facility under section 5165.19 of the	26413
Revised Code;	26414

(4) The per medicaid day payment rate for tax costs	26415
determined for the nursing facility under section 5165.21 of the	26416
Revised Code;	26417

(5) If the nursing facility qualifies as a critical access	26418
nursing facility, the nursing facility's critical access incentive	26419
payment paid under section 5165.23 of the Revised Code;	26420

(6) The quality incentive payment paid to the nursing	26421
facility under section 5165.25 of the Revised Code.	26422

(B) In addition to paying a nursing facility provider the	26423
nursing facility's total rate determined under division (A) of	26424
this section for a fiscal year, the department shall pay the	26425
provider a quality bonus under section 5165.26 of the Revised Code	26426
for that fiscal year if the provider's nursing facility is a	26427
qualifying nursing facility, as defined in that section, for that	26428
fiscal year. The quality bonus shall not be part of the total	26429
rate.	26430

~~Sec. 323.280.~~ Sec. 5165.157. ~~ALTERNATIVE PURCHASING MODEL FOR~~	26431
~~NURSING FACILITY SERVICES~~	26432

~~As used in this section, "Medicaid waiver component" has the~~	26433
~~same meaning as in section 5166.01 of the Revised Code.~~	26434

~~The Medicaid Director~~(A) The medicaid director may	26435
establish~~, as a Medicaid waiver component,~~ an alternative	26436
purchasing model for nursing facility services provided~~, during~~	26437
~~the period beginning July 1, 2013, and ending July 1, 2015,~~by	26438
designated discrete units of nursing facilities to ~~Medicaid~~	26439
medicaid recipients with specialized health care needs~~, including~~	26440
~~recipients dependent on ventilators, recipients who have severe~~	26441
~~traumatic brain injury, and recipients who would be admitted to~~	26442
~~long-term acute care hospitals or rehabilitation hospitals if they~~	26443
~~did not receive nursing facility services~~. If ~~established,~~ the	26444
alternative purchasing model is established, the director shall do	26445
all of the following with regard to the model:	26446

~~(A) Recognize a connection between enhanced Medicaid payment~~	26447
~~rates and improved health outcomes capable of being measured;~~	26448

~~(B) Include~~(1) Establish criteria ~~for identifying Medicaid~~	26449
that a discrete unit of a nursing facility must meet to be	26450
designated as a unit that, under the alternative purchasing model,	26451
may admit and provide nursing facility services to medicaid	26452
recipients with specialized health care needs;	26453

~~(C) Include procedures for ensuring that Medicaid recipients~~	26454
~~identified pursuant to division (B) of this section receive~~	26455
~~nursing facility services under the alternative purchasing model~~	26456
(2) Specify the health care conditions that medicaid recipients	26457
must have to have specialized health care needs, which may include	26458
dependency on a ventilator, severe traumatic brain injury, the	26459
need to be admitted to a long-term acute care hospital or	26460
rehabilitation hospital if not for nursing facility services, and	26461
other serious health care conditions;	26462

(3) For each fiscal year, set the total per medicaid day	26463
payment rate for nursing facility services provided under the	26464
alternative purchasing model at either of the following:	26465

(a) Sixty per cent of the statewide average of the total per	26466
medicaid day payment rate for long-term acute care hospital	26467
services as of the first day of the fiscal year;	26468

(b) Another amount determined in accordance with an	26469
alternative methodology that includes improved health outcomes as	26470
a factor in determining the payment rate;	26471

(4) Require, to the extent the director considers necessary,	26472
a medicaid recipient to obtain prior authorization for admission	26473
to a long-term acute care hospital or rehabilitation hospital as a	26474
condition of medicaid payment for long-term acute care hospital or	26475
rehabilitation hospital services.	26476

~~The~~(B) The criteria established under division (A)(1) of	26477
this section shall provide for a discrete unit of a nursing	26478
facility to be excluded from the alternative purchasing model if	26479
the unit is paid for nursing facility services in accordance with	26480
section 5165.153, 5165.154, or 5165.156 of the Revised Code. The	26481
criteria may require the provider of a nursing facility that has a	26482
discrete unit designated for participation in the alternative	26483
purchasing model to report health outcome measurement data to the	26484
department of medicaid.	26485

(C) A discrete unit of a nursing facility that provides	26486
nursing facility services to medicaid recipients with specialized	26487
health care needs under the alternative purchasing model shall be	26488
paid for those services in accordance with division (A)(3) of this	26489
section instead of the total per ~~Medicaid~~medicaid day payment	26490
rate ~~for nursing facility services provided under the alternative~~	26491
~~purchasing model may differ from the rate that would otherwise be~~	26492
~~paid pursuant to Chapter 5165.~~determined under section 5165.15,	26493
5165.153, 5165.154, or 5165.156 of the Revised Code.	26494

Sec. 5165.23. (A) Each fiscal year, the department of	26495
medicaid shall determine the critical access incentive payment for	26496
each nursing facility that qualifies as a critical access nursing	26497
facility. To qualify as a critical access nursing facility for a	26498
fiscal year, a nursing facility must meet all of the following	26499
requirements:	26500

(1) The nursing facility must be located in an area that, on	26501
December 31, 2011, was designated an empowerment zone under the	26502
"Internal Revenue Code of 1986," section 1391, 26 U.S.C. 1391.	26503

(2) The nursing facility must have an occupancy rate of at	26504
least eighty-five per cent as of the last day of the calendar year	26505
immediately preceding the fiscal year.	26506

(3) The nursing facility must have a medicaid utilization	26507
rate of at least sixty-five per cent as of the last day of the	26508
calendar year immediately preceding the fiscal year.	26509

(4) The nursing facility must have been awarded at least five	26510
points for meeting accountability measures under section 5165.25	26511
of the Revised Code for the fiscal year and at least one of the	26512
five points must have been awarded for meeting the ~~following:~~	26513

~~(a) For fiscal year 2014, the accountability measures~~	26514
~~identified in divisions (C)(10), (11), (12), and (13) of section~~	26515
~~5165.25 of the Revised Code;~~	26516

~~(b) For fiscal year 2015 and each fiscal year thereafter, the~~	26517
accountability measures identified in divisions ~~(D)~~(C)(9), (10),	26518
(11), (12), and (14) of section 5165.25 of the Revised Code.	26519

(B) A critical access nursing facility's critical access	26520
incentive payment for a fiscal year shall equal five per cent of	26521
the portion of the nursing facility's total rate for the fiscal	26522
year that is the sum of the rates and payment identified in	26523
divisions (A)(1) to (4) and (6) of section 5165.15 of the Revised	26524
Code.	26525

Sec. 5165.25. (A) As used in this section:

26526

(1) "Complaint surveys" has the same meaning as in 42 C.F.R.	26527
488.30.	26528

(2) "Customer satisfaction survey" means the annual survey of	26529
long-term care facilities required by section 173.47 of the	26530
Revised Code.	26531

(3) "Deficiency" has the same meaning as in 42 C.F.R.	26532
488.301.	26533

(4) "Exempted hospital discharge" has the same meaning as in	26534
42 C.F.R. 483.106(b)(2)(i).	26535

(5) "Family satisfaction survey" means a customer	26536
satisfaction survey, or part of a customer satisfaction survey,	26537
that contains the results of information obtained from the	26538
families of a nursing facility's residents.	26539

(6) "Minimum data set" means the standardized, uniform	26540
comprehensive assessment of nursing facility residents that is	26541
used to identify potential problems, strengths, and preferences of	26542
residents and is part of the resident assessment instrument	26543
required by the "Social Security Act," section 1919(e)(5), 42	26544
U.S.C. 1396r(e)(5).	26545

(7) "Nurse aide" has the same meaning as in section 3721.21	26546
of the Revised Code.	26547

(8) "Person-centered method of medication delivery" means a	26548
method of delivering medication to a nursing facility resident	26549
that allows flexibility in the time at which medication is	26550
administered to the resident to reflect the resident's	26551
preferences. "Person-centered method of medication delivery" may	26552
include utilization of a locked medication cabinet in a nursing	26553
facility resident's room.	26554

(9) "Resident satisfaction survey" means a customer	26555
satisfaction survey, or part of a customer satisfaction survey,	26556
that contains the results of information obtained from a nursing	26557
facility's residents.	26558

~~(9) "Room mirror" means a mirror that is located in either of~~	26559
~~the following rooms:~~	26560

~~(a) A resident bathroom if the sink used by a resident after~~	26561
~~the resident uses the resident bathroom is in the resident~~	26562
~~bathroom;~~	26563

~~(b) A resident's room if the sink used by a resident after~~	26564
~~the resident uses the resident bathroom is in the resident's room.~~	26565

~~(10) "Room sink" means a sink that is located in either of~~	26566
~~the following rooms:~~	26567

~~(a) A resident bathroom if the sink used by a resident after~~	26568
~~the resident uses the resident bathroom is in the resident~~	26569
~~bathroom;~~	26570

~~(b) A resident's room if the sink used by a resident after~~	26571
~~the resident uses the resident bathroom is in the resident's room.~~	26572

~~(11)~~(10) "Standard survey" has the same meaning as in 42	26573
C.F.R. 488.301.	26574

~~(12)~~(11) "Special focus facility list" means the list of	26575
nursing facilities that the United States department of health and	26576
human services creates under the special focus facility program	26577
required by the "Social Security Act," section 1919(f)(10), 42	26578
U.S.C. 1396r(f)(10).	26579

~~(13)~~(12) "Substantial wall" means a permanent structure that	26580
reaches from floor to ceiling and divides a semiprivate room into	26581
two distinct living spaces, each with its own window.	26582

~~(14)~~(13) "Table B of the special focus facility list" means	26583
the table included in the special focus facility list that	26584
identifies nursing facilities that have not improved.	26585

(B)(1) Each fiscal year, the department of medicaid shall	26586
determine each nursing facility's quality incentive payment.	26587
Subject to ~~divisions~~division (B)(2) ~~and (3)~~ of this section, the	26588
per medicaid day amount of a quality incentive payment paid to a	26589
nursing facility provider shall be the product of the following:	26590

(a) The number of points the provider's nursing facility is	26591
awarded for meeting accountability measures under this section;	26592

(b) Three dollars and twenty-nine cents.

26593

(2) ~~The maximum quality incentive payment that may be paid to~~	26594
~~a nursing facility provider for fiscal year 2014 shall be sixteen~~	26595
~~dollars and forty-four cents per medicaid day.~~	26596

~~(3)~~ The maximum quality incentive payment that may be paid to	26597
a nursing facility provider for fiscal year 2015 and each fiscal	26598
year thereafter shall be the following:	26599

(a) Sixteen dollars and forty-four cents if at least one of	26600
the points awarded to the nursing facility for meeting	26601
accountability measures is for an accountability measure	26602
identified in division ~~(D)~~(C)(9), (10), (11), (12), (13), or (14)	26603
of this section;	26604

(b) Thirteen dollars and sixteen cents if division	26605
(B)~~(3)~~(2)(a) of this section does not apply.	26606

(C) ~~For fiscal year 2014 only and subject to division (E) of~~	26607
~~this section, the department shall award each nursing facility~~	26608
~~participating in the medicaid program one point for each of the~~	26609
~~following accountability measures the facility meets:~~	26610

~~(1) The facility's overall score on its resident satisfaction~~	26611
~~survey is at least eighty-six.~~	26612

~~(2) The facility's overall score on its family satisfaction~~	26613
~~survey is at least eighty-eight.~~	26614

~~(3) The facility satisfies the requirements for participation~~	26615
~~in the advancing excellence in America's nursing homes campaign.~~	26616

~~(4) The facility had neither of the following on the~~	26617
~~facility's most recent standard survey conducted not later than~~	26618
~~the last day of the calendar year immediately preceding the fiscal~~	26619
~~year for which the point is to be awarded or any complaint surveys~~	26620
~~conducted in the calendar year immediately preceding the fiscal~~	26621
~~year for which the point is to be awarded:~~	26622

~~(a) A health deficiency with a scope and severity level~~	26623
~~greater than F;~~	26624

~~(b) A deficiency that constitutes a substandard quality of~~	26625
~~care.~~	26626

~~(5) The facility offers at least fifty per cent of its~~	26627
~~residents at least one of the following dining choices for at~~	26628
~~least one meal each day:~~	26629

~~(a) Restaurant-style dining in which food is brought from the~~	26630
~~food preparation area to residents per the residents' orders;~~	26631

~~(b) Buffet-style dining in which residents obtain their own~~	26632
~~food, or have the facility's staff bring food to them per the~~	26633
~~residents' directions, from the buffet;~~	26634

~~(c) Family-style dining in which food is customarily served~~	26635
~~on a serving dish and shared by residents;~~	26636

~~(d) Open dining in which residents have at least a two-hour~~	26637
~~period to choose when to have a meal;~~	26638

~~(e) Twenty-four-hour dining in which residents may order~~	26639
~~meals from the facility any time of the day.~~	26640

~~(6) At least fifty per cent of the facility's residents are~~	26641
~~able to take a bath or shower as often as they choose.~~	26642

~~(7) The facility has at least both of the following scores on~~	26643
~~its resident satisfaction survey:~~	26644

~~(a) With regard to the question in the survey regarding~~	26645
~~residents' ability to choose when to go to bed in the evening, at~~	26646
~~least eighty-nine;~~	26647

~~(b) With regard to the question in the survey regarding~~	26648
~~residents' ability to choose when to get out of bed in the~~	26649
~~morning, at least seventy-six.~~	26650

~~(8) The facility has at least both of the following scores on~~	26651
~~its family satisfaction survey:~~	26652

~~(a) With regard to the question in the survey regarding~~	26653
~~residents' ability to choose when to go to bed in the evening, at~~	26654
~~least eighty-eight;~~	26655

~~(b) With regard to the question in the survey regarding~~	26656
~~residents' ability to choose when to get out of bed in the~~	26657
~~morning, at least seventy-five.~~	26658

~~(9) All of the following apply to the facility:~~

26659

~~(a) At least seventy-five per cent of the facility's~~	26660
~~residents have the opportunity, following admission to the~~	26661
~~facility and before completing or quarterly updating their~~	26662
~~individual plans of care, to discuss their goals for the care they~~	26663
~~are to receive at the facility, including their preferences for~~	26664
~~advance care planning, with a member of the residents' health care~~	26665
~~teams that the facility, residents, and residents' sponsors~~	26666
~~consider appropriate.~~	26667

~~(b) The facility records the residents' care goals, including~~	26668
~~the residents' advance care planning preferences, in their medical~~	26669
~~records.~~	26670

~~(c) The facility uses the residents' care goals, including~~	26671
~~the residents' advance care planning preferences, in the~~	26672
~~development of the residents' individual plans of care.~~	26673

~~(10) Not more than thirteen and thirty-five hundredths per~~	26674
~~cent of the facility's long-stay residents report severe to~~	26675
~~moderate pain during the minimum data set assessment process.~~	26676

~~(11) Not more than five and seventy-three hundredths per cent~~	26677
~~of the facility's long-stay, high-risk residents have been~~	26678
~~assessed as having one or more stage two, three, or four pressure~~	26679
~~ulcers during the minimum data set assessment process.~~	26680

~~(12) Not more than one and fifty-two hundredths per cent of~~	26681
~~the facility's long-stay residents were physically restrained as~~	26682
~~reported during the minimum data set assessment process.~~	26683

~~(13) Less than seven and seventy-eight hundredths per cent of~~	26684
~~the facility's long-stay residents had a urinary tract infection~~	26685
~~as reported during the minimum data set assessment process.~~	26686

(~~14) The facility uses a tool for tracking residents'~~	26687
~~admissions to hospitals.~~	26688

~~(15) An average of at least fifty per cent of the facility's~~	26689
~~medicaid-certified beds are in private rooms.~~	26690

~~(16) The facility has accessible resident bathrooms, all of~~	26691
~~which meet at least two of the following standards and at least~~	26692
~~some of which meet all of the following standards:~~	26693

~~(a) There are room mirrors that are accessible to residents~~	26694
~~in wheelchairs, can be adjusted so as to be visible to residents~~	26695
~~who are seated or standing, or both.~~	26696

~~(b) There are room sinks that are accessible to residents in~~	26697
~~wheelchairs and have clearance for wheelchairs.~~	26698

~~(c) There are room sinks that have faucets with adaptive or~~	26699
~~easy-to-use lever or paddle handles.~~	26700

~~(17) The facility does both of the following:~~

26701

~~(a) Maintains a written policy that prohibits the use of~~	26702
~~overhead paging systems or limits the use of overhead paging~~	26703
~~systems to emergencies, as defined in the policy;~~	26704

~~(b) Communicates the policy to its staff, residents, and~~	26705
~~families of residents.~~	26706

~~(18) The facility has a score of at least ninety on its~~	26707
~~resident satisfaction survey with regard to the question in the~~	26708
~~survey regarding residents' ability to personalize their rooms~~	26709
~~with personal belongings.~~	26710

~~(19) The facility has a score of at least ninety-five on its~~	26711
~~family satisfaction survey with regard to the question in the~~	26712
~~survey regarding residents' ability to personalize their rooms~~	26713
~~with personal belongings.~~	26714

~~(20) The facility does both of the following:~~

26715

~~(a) Maintains a written policy that requires consistent~~	26716
~~assignment of nurse aides and specifies the goal of having a~~	26717
~~resident receive nurse aide care from not more than eight~~	26718
~~different nurse aides during a thirty-day period;~~	26719

~~(b) Communicates the policy to its staff, residents, and~~	26720
~~families of residents.~~	26721

~~(21) The facility's staff retention rate is at least~~	26722
~~seventy-five per cent.~~	26723

~~(22) The facility's turnover rate for nurse aides is not~~	26724
~~higher than sixty-five per cent.~~	26725

~~(23) For at least fifty per cent of the resident care~~	26726
~~conferences in the facility, a nurse aide who is a primary~~	26727
~~caregiver for the resident attends and participates in the~~	26728
~~conference.~~	26729

~~(D)~~ For fiscal year 2015 and each fiscal year thereafter and	26730
subject to division ~~(E)~~(D) of this section, the department shall	26731
award each nursing facility participating in the medicaid program	26732
one point for each of the following accountability measures the	26733
facility meets:	26734

(1) The facility's overall score on its resident satisfaction	26735
survey is at least eighty-seven and five-tenths.	26736

(2) The facility's overall score on its family satisfaction	26737
survey is at least eighty-five and nine-tenths.	26738

(3) The facility satisfies the requirements for participation	26739
in the advancing excellence in America's nursing homes campaign.	26740

(4) Both of the following apply to the facility:

26741

(a) The facility had not been listed on table B of the	26742
special focus facility list for eighteen or more consecutive	26743
months during any time during the calendar year immediately	26744
preceding the fiscal year for which the point is to be awarded.	26745

(b) The facility had neither of the following on the	26746
facility's most recent standard survey conducted not later than	26747
the last day of the calendar year immediately preceding the fiscal	26748
year for which the point is to be awarded or any complaint surveys	26749
conducted in the calendar year immediately preceding the fiscal	26750
year for which the point is to be awarded:	26751

(i) A health deficiency with a scope and severity level	26752
greater than F;	26753

(ii) A deficiency that constitutes a substandard quality of	26754
care.	26755

(5) The facility does all of the following:

26756

(a) Offers at least fifty per cent of its residents at least	26757
one of the following dining choices for at least two meals each	26758
day:	26759

(i) Restaurant-style dining in which food is brought from the	26760
food preparation area to residents per the residents' orders;	26761

(ii) Buffet-style dining in which residents obtain their own	26762
food, or have the facility's staff bring food to them per the	26763
residents' directions, from the buffet;	26764

(iii) Family-style dining in which food is customarily served	26765
on a serving dish and shared by residents;	26766

(iv) Open dining in which residents have at least a two-hour	26767
period to choose when to have a meal;	26768

(v) Twenty-four-hour dining in which residents may order	26769
meals from the facility any time of the day.	26770

(b) Maintains a written policy specifying the manner or	26771
manners in which residents' dining choices for meals are offered;	26772

(c) Communicates the policy to its staff, residents, and	26773
families of residents.	26774

(6) The facility does all of the following:

26775

(a) Enables at least fifty per cent of the facility's	26776
residents to take a bath or shower when they choose;	26777

(b) Maintains a written policy regarding residents' choices	26778
in bathing;	26779

(c) Communicates the policy to its staff, residents, and	26780
families of residents.	26781

(7) The facility has at least both of the following scores on	26782
its resident satisfaction survey:	26783

(a) With regard to the question in the survey regarding	26784
residents' ability to choose when to go to bed in the evening, at	26785
least eighty-nine;	26786

(b) With regard to the question in the survey regarding	26787
residents' ability to choose when to get out of bed in the	26788
morning, at least seventy-six.	26789

(8) The facility has at least both of the following scores on	26790
its family satisfaction survey:	26791

(a) With regard to the question in the survey regarding	26792
residents' ability to choose when to go to bed in the evening, at	26793
least eighty-eight;	26794

(b) With regard to the question in the survey regarding	26795
residents' ability to choose when to get out of bed in the	26796
morning, at least seventy-five.	26797

(9) Not more than thirteen and thirty-five hundredths per	26798
cent of the facility's long-stay residents report severe to	26799
moderate pain during the minimum data set assessment process.	26800

(10) Not more than five and sixteen hundredths per cent of	26801
the facility's long-stay, high-risk residents have been assessed	26802
as having one or more stage two, three, or four pressure ulcers	26803
during the minimum data set assessment process.	26804

(11) Not more than one and fifty-two hundredths per cent of	26805
the facility's long-stay residents were physically restrained as	26806
reported during the minimum data set assessment process.	26807

(12) Less than seven per cent of the facility's long-stay	26808
residents had a urinary tract infection as reported during the	26809
minimum data set assessment process.	26810

(13) The facility does both of the following:

26811

(a) Uses a tool for tracking residents' admissions to	26812
hospitals;	26813

(b) Annually reports to the department data on hospital	26814
admissions by month for all residents.	26815

(14) Both of the following apply:

26816

(a) At least ninety-five per cent of the facility's long-stay	26817
residents are vaccinated against pneumococcal pneumonia, decline	26818
the vaccination, or are not vaccinated because the vaccination is	26819
medically contraindicated.	26820

(b) At least ninety-three per cent of the facility's	26821
long-stay residents are vaccinated against seasonal influenza,	26822
decline the vaccination, or are not vaccinated because the	26823
vaccination is medically contraindicated.	26824

(15) An average of at least fifty per cent of the facility's	26825
medicaid-certified beds are in either, or in a combination of	26826
both, of the following:	26827

(a) Private rooms;

26828

(b) Semiprivate rooms to which all of the following apply:

26829

(i) Each room provides a distinct territory for each resident	26830
occupying the room.	26831

(ii) Each distinct territory has a window and is separated by	26832
a substantial wall from the other distinct territories in the	26833
room.	26834

(iii) Each resident is able to enter and exit the distinct	26835
territory of the resident's room without entering or exiting	26836
another resident's distinct territory.	26837

(iv) Complete visual privacy for each distinct territory may	26838
be obtained by drawing a curtain or other screen.	26839

(16) The facility obtains at least a ninety-five per cent	26840
compliance rate with requesting resident reviews required by 42	26841
C.F.R. 483.106(b)(2)(ii) for individuals who are exempted hospital	26842
discharges.	26843

(17) The facility does both of the following:

26844

(a) Maintains a written policy that requires consistent	26845
assignment of nurse aides and specifies the goal of having a	26846
resident receive nurse aide care from not more than twelve	26847
different nurse aides during a thirty-day period;	26848

(b) Communicates the policy to its staff, residents, and	26849
families of residents.	26850

(18) The facility's staff retention rate is at least	26851
seventy-five per cent.	26852

(19) The facility's turnover rate for nurse aides is not	26853
higher than sixty-five per cent.	26854

(20) For at least fifty per cent of the resident care	26855
conferences in the facility, a nurse aide who is a primary	26856
caregiver for the resident attends and participates in the	26857
conference.	26858

(21) All of the following apply to the facility:

26859

(a) At least seventy-five per cent of the facility's	26860
residents have the opportunity, following admission to the	26861
facility and before completing or quarterly updating their	26862
individual plans of care, to discuss their goals for the care they	26863
are to receive at the facility, including their preferences for	26864
advance care planning, with a member of the residents' health care	26865
teams that the facility, residents, and residents' sponsors	26866
consider appropriate.	26867

(b) The facility records the residents' care goals, including	26868
the residents' advance care planning preferences, in their medical	26869
records.	26870

(c) The facility uses the residents' care goals, including	26871
the residents' advance care planning preferences, in the	26872
development of the residents' individual plans of care.	26873

(22) The facility does both of the following:

26874

(a) Maintains a written policy that prohibits the use of	26875
overhead paging systems or limits the use of overhead paging	26876
systems to emergencies, as defined in the policy;	26877

(b) Communicates the policy to its staff, residents, and	26878
families of residents.	26879

(23) The facility employs, for at least forty hours per week,	26880
at least one independent social worker or social worker licensed	26881
under Chapter 4757. of the Revised Code.	26882

(24) The facility utilizes a person-centered method of	26883
medication delivery for its residents instead of utilizing a	26884
medication cart to deliver medication to its residents.	26885

~~(E)~~(D)(1) To be awarded a point for meeting an accountability	26886
measure under division (C) ~~or (D)~~ of this section other than the	26887
accountability measure identified in ~~divisions (C)(4) and (D)~~	26888
division (C)(4)(b) of this section, a nursing facility must meet	26889
the accountability measure in the calendar year immediately	26890
preceding the fiscal year for which the point is to be awarded.	26891

(2) The department shall award points pursuant to divisions	26892
(C)(1)~~, (7), and (18) and (D)(1)~~ and (7) of this section to a	26893
nursing facility only if a resident satisfaction survey was	26894
initiated under section 173.47 of the Revised Code for the nursing	26895
facility in the calendar year immediately preceding the fiscal	26896
year for which the points are to be awarded.	26897

(3) The department shall award points pursuant to divisions	26898
(C)(2)~~, (8), and (19) and (D)(2)~~ and (8) of this section to a	26899
nursing facility only if a family satisfaction survey was	26900
initiated under section 173.47 of the Revised Code for the nursing	26901
facility in the calendar year immediately preceding the fiscal	26902
year for which the points are to be awarded.	26903

(4) The department shall award points pursuant to divisions	26904
~~(D)~~(C)(21) and (22) of this section only for fiscal year 2015.	26905

(5) ~~Not later than July 1, 2013, the department shall adjust~~	26906
~~the score used for the purpose of division (C)(8)(b) of this~~	26907
~~section in a manner that causes at least fifty per cent of nursing~~	26908
~~facilities to meet division (C)(8)(b) of this section~~The	26909
department shall award points pursuant to divisions (C)(23) and	26910
(24) of this section beginning in fiscal year 2016.	26911

~~(F) Not later than July 1, 2014, the department shall submit,~~	26912
~~in accordance with section 101.68 of the Revised Code,~~	26913
~~recommendations to the general assembly for accountability~~	26914
~~measures to replace the accountability measures identified in~~	26915
~~divisions (D)(21) and (22) of this section.~~	26916

~~(G) Rules adopted under section 5165.02 of the Revised Code~~	26917
~~may specify what is meant by "some" as that word is used in~~	26918
~~division (C)(16) of this section.~~	26919

Sec. 5165.65. (A) ~~At the conclusion of each~~A department of	26920
health survey team shall conclude each survey of a nursing	26921
facility not later than one business day after the survey team	26922
ceases to need to be on site at the facility for the survey. Not	26923
later than the day that the survey team concludes the survey, the	26924
~~department of health~~ survey team shall conduct an exit interview	26925
with the administrator or other person in charge of the ~~nursing~~	26926
facility and any other facility staff members designated by the	26927
administrator or person in charge of the facility. During the exit	26928
interview, at the request of the administrator or other person in	26929
charge of the facility, the survey team shall provide one of the	26930
following, as selected by the survey team:	26931

(1) Copies of all survey notes and any other written	26932
materials created during the survey;	26933

(2) A written summary of the survey team's recommendations	26934
regarding findings of noncompliance with certification	26935
requirements;	26936

(3) An audio or audiovisual recording of the interview. If	26937
the survey team selects this option, at least two copies of the	26938
recording shall be made and the survey team shall select one copy	26939
to be kept by the survey team for use by the department of health.	26940

(B) All expenses of copying under division (A)(1) of this	26941
section or recording under division (A)(3) of this section,	26942
including the cost of the copy of the recording kept by the survey	26943
team, shall be paid by the facility.	26944

Sec. 5165.68. (A) Not later than ten days after an exit	26945
interview, including an exit interview at which a department of	26946
health survey team discloses a finding that immediate jeopardy	26947
exists, the department of health shall deliver to the nursing	26948
facility a detailed statement, titled a statement of deficiencies,	26949
setting forth all findings and deficiencies cited on the basis of	26950
the survey, including any finding cited pursuant to division (E)	26951
of section 5165.66 of the Revised Code. The statement shall	26952
indicate the severity and scope level of each finding and fully	26953
describe the incidents or other facts that form the basis of the	26954
department's determination of the existence of each finding and	26955
deficiency. A failure by the survey team to completely disclose in	26956
the exit interview every finding that may result from the survey	26957
does not affect the validity of any finding or deficiency cited in	26958
the statement of deficiencies. On request of the facility, the	26959
department shall provide a copy of any written worksheet or other	26960
document produced by the survey team in making recommendations	26961
regarding scope and severity levels of findings and deficiencies.	26962

(B) At the same time the department of health delivers a	26963
statement of deficiencies, it also shall deliver to the facility a	26964
separate written notice that states all of the following:	26965

(1) That the department of medicaid or a contracting agency	26966
will issue an order under section 5165.84 of the Revised Code	26967
denying payment for any medicaid eligible residents admitted on	26968
and after the effective date of the order if the facility does not	26969
substantially correct, within ninety days after the exit	26970
interview, the deficiency or deficiencies cited in the statement	26971
of deficiencies in accordance with the plan of correction it	26972
submitted under section 5165.69 of the Revised Code;	26973

(2) If a condition of substandard care has been cited on the	26974
basis of a standard survey and a condition of substandard care was	26975
also cited on the immediately preceding standard survey, that the	26976
department of medicaid or a contracting agency will issue an order	26977
under section 5165.84 of the Revised Code denying payment for any	26978
medicaid eligible residents admitted on and after the effective	26979
date of the order if a condition of substandard care is cited on	26980
the basis of the next standard survey;	26981

(3) That the department of medicaid or a contracting agency	26982
will issue an order under section 5165.88 of the Revised Code	26983
terminating the facility's participation in the medicaid program	26984
if either of the following applies:	26985

(a) The facility does not substantially correct the	26986
deficiency or deficiencies in accordance with the plan of	26987
correction it submitted under section 5165.69 of the Revised Code	26988
within six months after the exit interview.	26989

(b) The facility substantially corrects the deficiency or	26990
deficiencies within the six-month period, but after correcting it,	26991
the department of health, based on a follow-up survey conducted	26992
during the remainder of the six-month period, determines that the	26993
facility has failed to maintain compliance with certification	26994
requirements.	26995

Sec. 5513.01. (A) ~~All~~The director of transportation shall	26996
make all purchases of machinery, materials, supplies, or other	26997
articles ~~that the director of transportation makes shall be~~ in the	26998
manner provided in this section. In all cases except those in	26999
which the director provides written authorization for purchases by	27000
district deputy directors of transportation, the director shall	27001
make all such purchases ~~shall be made~~ at the central office of the	27002
department of transportation in Columbus. Before making any	27003
purchase at that office, the director, as provided in this	27004
section, shall give notice to bidders of the director's intention	27005
to purchase. Where the expenditure does not exceed the amount	27006
applicable to the purchase of supplies specified in division (B)	27007
of section 125.05 of the Revised Code, as adjusted pursuant to	27008
division (D) of that section, the director shall give such notice	27009
as the director considers proper, or the director may make the	27010
purchase without notice. Where the expenditure exceeds the amount	27011
applicable to the purchase of supplies specified in division (B)	27012
of section 125.05 of the Revised Code, as adjusted pursuant to	27013
division (D) of that section, the director shall give notice by	27014
posting for not less than ten days a written, typed, or printed	27015
invitation to bidders on a bulletin board~~, which~~. The director	27016
shall ~~be located~~locate the notice in a place in the offices	27017
assigned to the department and open to the public during business	27018
hours. ~~Producers~~	27019

Producers or distributors of any product may notify the	27020
director, in writing, of the class of articles for the furnishing	27021
of which they desire to bid and their post-office addresses~~, in~~	27022
~~which case~~. In that circumstance, the director shall mail copies	27023
of all invitations to bidders relating to the purchase of such	27024
articles ~~shall be mailed~~ to such persons ~~by the director~~ by	27025
regular first class mail at least ten days prior to the time fixed	27026
for taking bids. The director also may mail copies of all	27027
invitations to bidders to news agencies or other agencies or	27028
organizations distributing information of this character. Requests	27029
for invitations ~~shall~~are not be valid ~~nor~~and do not require	27030
action by the director unless renewed by the director, either	27031
annually or after such shorter period as the director may	27032
prescribe by a general rule. ~~The~~	27033

The director shall include in an invitation to bidders ~~shall~~	27034
~~contain~~ a brief statement of the general character of the article	27035
that it is intended to purchase, the approximate quantity desired,	27036
and a statement of the time and place where bids will be received,	27037
and may relate to and describe as many different articles as the	27038
director thinks proper, it being the intent and purpose of this	27039
section to authorize the inclusion in a single invitation of as	27040
many different articles as the director desires to invite bids	27041
upon at any given time. ~~Invitations~~The director shall give	27042
invitations issued during each calendar year ~~shall be given~~	27043
consecutive numbers, and ensure that the number assigned to each	27044
invitation ~~shall appear~~appears on all copies thereof. In all	27045
cases where notice is required by this section, the director shall	27046
require sealed bids ~~shall be taken~~, on forms prescribed and	27047
furnished by the director~~, and~~. The director shall not permit the	27048
modification of bids after they have been opened ~~shall not be~~	27049
~~permitted~~.	27050

(B) The director may permit the Ohio turnpike and	27051
infrastructure commission, any political subdivision, and any	27052
state university or college to participate in contracts into which	27053
the director has entered for the purchase of machinery, materials,	27054
supplies, or other articles. The turnpike and infrastructure	27055
commission and any political subdivision or state university or	27056
college desiring to participate in such purchase contracts shall	27057
file with the director a certified copy of the bylaws or rules of	27058
the turnpike and infrastructure commission or the ordinance or	27059
resolution of the legislative authority, board of trustees, or	27060
other governing board requesting authorization to participate in	27061
such contracts and agreeing to be bound by such terms and	27062
conditions as the director prescribes. Purchases made by the	27063
turnpike and infrastructure commission, political subdivisions, or	27064
state universities or colleges under this division are exempt from	27065
any competitive bidding required by law for the purchase of	27066
machinery, materials, supplies, or other articles.	27067

27068

(1) "Political subdivision" means any county, township,	27069
municipal corporation, conservancy district, township park	27070
district, park district created under Chapter 1545. of the Revised	27071
Code, port authority, regional transit authority, regional airport	27072
authority, regional water and sewer district, county transit	27073
board, or school district as defined in section 5513.04 of the	27074
Revised Code, regional planning commission formed under section	27075
713.21 of the Revised Code, regional council of government formed	27076
under section 167.01 of the Revised Code, or other association of	27077
local governments established pursuant to an agreement under	27078
sections 307.14 to 307.19 of the Revised Code.	27079

(2) "State university or college" has the same meaning as in	27080
division (A)(1) of section 3345.32 of the Revised Code.	27081

(3) "Ohio turnpike and infrastructure commission" means the	27082
commission created by section 5537.02 of the Revised Code.	27083

Sec. 5531.10. (A) As used in this chapter:

27084

(1) "Bond proceedings" means the resolution, order, trust	27085
agreement, indenture, lease, lease-purchase agreements, and other	27086
agreements, amendments and supplements to the foregoing, or any	27087
one or more or combination thereof, authorizing or providing for	27088
the terms and conditions applicable to, or providing for the	27089
security or liquidity of, obligations issued pursuant to this	27090
section, and the provisions contained in such obligations.	27091

(2) "Bond service charges" means principal, including	27092
mandatory sinking fund requirements for retirement of obligations,	27093
and interest, and redemption premium, if any, required to be paid	27094
by the state on obligations.	27095

(3) "Bond service fund" means the applicable fund and	27096
accounts therein created for and pledged to the payment of bond	27097
service charges, which may be, or may be part of, the state	27098
infrastructure bank revenue bond service fund created by division	27099
(R) of this section including all moneys and investments, and	27100
earnings from investments, credited and to be credited thereto.	27101

(4) "Issuing authority" means the treasurer of state, or the	27102
officer who by law performs the functions of the treasurer of	27103
state.	27104

(5) "Obligations" means bonds, notes, or other evidence of	27105
obligation including interest coupons pertaining thereto, issued	27106
pursuant to this section.	27107

(6) "Pledged receipts" means moneys accruing to the state	27108
from the lease, lease-purchase, sale, or other disposition, or	27109
use, of qualified projects, and from the repayment, including	27110
interest, of loans made from proceeds received from the sale of	27111
obligations; accrued interest received from the sale of	27112
obligations; income from the investment of the special funds; any	27113
gifts, grants, donations, and pledges, and receipts therefrom,	27114
available for the payment of bond service charges; and any amounts	27115
in the state infrastructure bank pledged to the payment of such	27116
charges. If the amounts in the state infrastructure bank are	27117
insufficient for the payment of such charges, "pledged receipts"	27118
also means moneys that are apportioned by the United States	27119
secretary of transportation under United States Code, Title XXIII,	27120
as amended, or any successor legislation, or under any other	27121
federal law relating to aid for highways, and that are to be	27122
received as a grant by the state, to the extent the state is not	27123
prohibited by state or federal law from using such moneys and the	27124
moneys are pledged to the payment of such bond service charges.	27125

(7) "Special funds" or "funds" means, except where the	27126
context does not permit, the bond service fund, and any other	27127
funds, including reserve funds, created under the bond	27128
proceedings, and the state infrastructure bank revenue bond	27129
service fund created by division (R) of this section to the extent	27130
provided in the bond proceedings, including all moneys and	27131
investments, and earnings from investment, credited and to be	27132
credited thereto.	27133

(8) "State infrastructure project" means any public	27134
transportation project undertaken by the state, including, but not	27135
limited to, all components of any such project, as described in	27136
division (D) of section 5531.09 of the Revised Code.	27137

(9) "District obligations" means bonds, notes, or other	27138
evidence of obligation including interest coupons pertaining	27139
thereto, issued to finance a qualified project by a transportation	27140
improvement district created pursuant to section 5540.02 of the	27141
Revised Code, of which the principal, including mandatory sinking	27142
fund requirements for retirement of such obligations, and interest	27143
and redemption premium, if any, are payable by the department of	27144
transportation.	27145

(B) The issuing authority, after giving written notice to the	27146
director of budget and management and upon the certification by	27147
the director of transportation to the issuing authority of the	27148
amount of moneys or additional moneys needed either for state	27149
infrastructure projects or to provide financial assistance for any	27150
of the purposes for which the state infrastructure bank may be	27151
used under section 5531.09 of the Revised Code, or needed for	27152
capitalized interest, funding reserves, and paying costs and	27153
expenses incurred in connection with the issuance, carrying,	27154
securing, paying, redeeming, or retirement of the obligations or	27155
any obligations refunded thereby, including payment of costs and	27156
expenses relating to letters of credit, lines of credit,	27157
insurance, put agreements, standby purchase agreements, indexing,	27158
marketing, remarketing and administrative arrangements, interest	27159
swap or hedging agreements, and any other credit enhancement,	27160
liquidity, remarketing, renewal, or refunding arrangements, all of	27161
which are authorized by this section, shall issue obligations of	27162
the state under this section in the required amount. The proceeds	27163
of such obligations, except for the portion to be deposited in	27164
special funds, including reserve funds, as may be provided in the	27165
bond proceedings, shall as provided in the bond proceedings be	27166
credited to the infrastructure bank obligations fund of the state	27167
infrastructure bank created by section 5531.09 of the Revised Code	27168
and disbursed as provided in the bond proceedings for such	27169
obligations. The issuing authority may appoint trustees, paying	27170
agents, transfer agents, and authenticating agents, and may retain	27171
the services of financial advisors, accounting experts, and	27172
attorneys, and retain or contract for the services of marketing,	27173
remarketing, indexing, and administrative agents, other	27174
consultants, and independent contractors, including printing	27175
services, as are necessary in the issuing authority's judgment to	27176
carry out this section. The costs of such services are payable	27177
from funds of the state infrastructure bank or as otherwise	27178
provided in the bond proceedings.	27179

(C) The holders or owners of such obligations shall have no	27180
right to have moneys raised by taxation by the state of Ohio	27181
obligated or pledged, and moneys so raised shall not be obligated	27182
or pledged, for the payment of bond service charges. The right of	27183
such holders and owners to the payment of bond service charges is	27184
limited to all or that portion of the pledged receipts and those	27185
special funds pledged thereto pursuant to the bond proceedings for	27186
such obligations in accordance with this section, and each such	27187
obligation shall bear on its face a statement to that effect.	27188
Moneys received as repayment of loans made by the state	27189
infrastructure bank pursuant to section 5531.09 of the Revised	27190
Code shall not be considered moneys raised by taxation by the	27191
state of Ohio regardless of the source of the moneys.	27192

(D) Obligations shall be authorized by order of the issuing	27193
authority and the bond proceedings shall provide for the purpose	27194
thereof and the principal amount or amounts, and shall provide for	27195
or authorize the manner or agency for determining the principal	27196
maturity or maturities, not exceeding twenty-five years from the	27197
date of issuance or, with respect to obligations issued to finance	27198
a transportation facility pursuant to a public-private agreement,	27199
not exceeding forty-five years from the date of issuance, the	27200
interest rate or rates or the maximum interest rate, the date of	27201
the obligations and the dates of payment of interest thereon,	27202
their denomination, and the establishment within or without the	27203
state of a place or places of payment of bond service charges.	27204
Sections 9.98 to 9.983 of the Revised Code are applicable to	27205
obligations issued under this section. The purpose of such	27206
obligations may be stated in the bond proceedings in terms	27207
describing the general purpose or purposes to be served. The bond	27208
proceedings also shall provide, subject to the provisions of any	27209
other applicable bond proceedings, for the pledge of all, or such	27210
part as the issuing authority may determine, of the pledged	27211
receipts and the applicable special fund or funds to the payment	27212
of bond service charges, which pledges may be made either prior or	27213
subordinate to other expenses, claims, or payments, and may be	27214
made to secure the obligations on a parity with obligations	27215
theretofore or thereafter issued, if and to the extent provided in	27216
the bond proceedings. The pledged receipts and special funds so	27217
pledged and thereafter received by the state immediately are	27218
subject to the lien of such pledge without any physical delivery	27219
thereof or further act, and the lien of any such pledges is valid	27220
and binding against all parties having claims of any kind against	27221
the state or any governmental agency of the state, irrespective of	27222
whether such parties have notice thereof, and shall create a	27223
perfected security interest for all purposes of Chapter 1309. of	27224
the Revised Code, without the necessity for separation or delivery	27225
of funds or for the filing or recording of the bond proceedings by	27226
which such pledge is created or any certificate, statement, or	27227
other document with respect thereto; and the pledge of such	27228
pledged receipts and special funds is effective and the money	27229
therefrom and thereof may be applied to the purposes for which	27230
pledged without necessity for any act of appropriation. Every	27231
pledge, and every covenant and agreement made with respect	27232
thereto, made in the bond proceedings may therein be extended to	27233
the benefit of the owners and holders of obligations authorized by	27234
this section, and to any trustee therefor, for the further	27235
security of the payment of the bond service charges.	27236

For purposes of this division, "transportation facility" and	27237
"public-private agreement" have the same meanings as in section	27238
5501.70 of the Revised Code.	27239

(E) The bond proceedings may contain additional provisions as	27240
to:	27241

(1) The redemption of obligations prior to maturity at the	27242
option of the issuing authority at such price or prices and under	27243
such terms and conditions as are provided in the bond proceedings;	27244

(2) Other terms of the obligations;

27245

(3) Limitations on the issuance of additional obligations;

27246

(4) The terms of any trust agreement or indenture securing	27247
the obligations or under which the same may be issued;	27248

(5) The deposit, investment, and application of special	27249
funds, and the safeguarding of moneys on hand or on deposit,	27250
without regard to Chapter 131. or 135. of the Revised Code, but	27251
subject to any special provisions of this section with respect to	27252
particular funds or moneys, provided that any bank or trust	27253
company which acts as depository of any moneys in the special	27254
funds may furnish such indemnifying bonds or may pledge such	27255
securities as required by the issuing authority;	27256

(6) Any or every provision of the bond proceedings being	27257
binding upon such officer, board, commission, authority, agency,	27258
department, or other person or body as may from time to time have	27259
the authority under law to take such actions as may be necessary	27260
to perform all or any part of the duty required by such provision;	27261

(7) Any provision that may be made in a trust agreement or	27262
indenture;	27263

(8) Any other or additional agreements with the holders of	27264
the obligations, or the trustee therefor, relating to the	27265
obligations or the security therefor, including the assignment of	27266
mortgages or other security relating to financial assistance for	27267
qualified projects under section 5531.09 of the Revised Code.	27268

(F) The obligations may have the great seal of the state or a	27269
facsimile thereof affixed thereto or printed thereon. The	27270
obligations and any coupons pertaining to obligations shall be	27271
signed or bear the facsimile signature of the issuing authority.	27272
Any obligations or coupons may be executed by the person who, on	27273
the date of execution, is the proper issuing authority although on	27274
the date of such bonds or coupons such person was not the issuing	27275
authority. In case the issuing authority whose signature or a	27276
facsimile of whose signature appears on any such obligation or	27277
coupon ceases to be the issuing authority before delivery thereof,	27278
such signature or facsimile nevertheless is valid and sufficient	27279
for all purposes as if the former issuing authority had remained	27280
the issuing authority until such delivery; and in case the seal to	27281
be affixed to obligations has been changed after a facsimile of	27282
the seal has been imprinted on such obligations, such facsimile	27283
seal shall continue to be sufficient as to such obligations and	27284
obligations issued in substitution or exchange therefor.	27285

(G) All obligations are negotiable instruments and securities	27286
under Chapter 1308. of the Revised Code, subject to the provisions	27287
of the bond proceedings as to registration. The obligations may be	27288
issued in coupon or in registered form, or both, as the issuing	27289
authority determines. Provision may be made for the registration	27290
of any obligations with coupons attached thereto as to principal	27291
alone or as to both principal and interest, their exchange for	27292
obligations so registered, and for the conversion or reconversion	27293
into obligations with coupons attached thereto of any obligations	27294
registered as to both principal and interest, and for reasonable	27295
charges for such registration, exchange, conversion, and	27296
reconversion.	27297

(H) Obligations may be sold at public sale or at private	27298
sale, as determined in the bond proceedings.	27299

(I) Pending preparation of definitive obligations, the	27300
issuing authority may issue interim receipts or certificates which	27301
shall be exchanged for such definitive obligations.	27302

(J) In the discretion of the issuing authority, obligations	27303
may be secured additionally by a trust agreement or indenture	27304
between the issuing authority and a corporate trustee which may be	27305
any trust company or bank ~~having~~possessing corporate trust powers	27306
that has a place of business within or without the state. Any such	27307
agreement or indenture may contain the order authorizing the	27308
issuance of the obligations, any provisions that may be contained	27309
in any bond proceedings, and other provisions which are customary	27310
or appropriate in an agreement or indenture of such type,	27311
including, but not limited to:	27312

(1) Maintenance of each pledge, trust agreement, indenture,	27313
or other instrument comprising part of the bond proceedings until	27314
the state has fully paid the bond service charges on the	27315
obligations secured thereby, or provision therefor has been made;	27316

(2) In the event of default in any payments required to be	27317
made by the bond proceedings, or any other agreement of the	27318
issuing authority made as a part of the contract under which the	27319
obligations were issued, enforcement of such payments or agreement	27320
by mandamus, the appointment of a receiver, suit in equity, action	27321
at law, or any combination of the foregoing;	27322

(3) The rights and remedies of the holders of obligations and	27323
of the trustee, and provisions for protecting and enforcing them,	27324
including limitations on the rights of individual holders of	27325
obligations;	27326

(4) The replacement of any obligations that become mutilated	27327
or are destroyed, lost, or stolen;	27328

(5) Such other provisions as the trustee and the issuing	27329
authority agree upon, including limitations, conditions, or	27330
qualifications relating to any of the foregoing.	27331

(K) Any holder of obligations or a trustee under the bond	27332
proceedings, except to the extent that the holder's or trustee's	27333
rights are restricted by the bond proceedings, may by any suitable	27334
form of legal proceedings, protect and enforce any rights under	27335
the laws of this state or granted by such bond proceedings. Such	27336
rights include the right to compel the performance of all duties	27337
of the issuing authority and the director of transportation	27338
required by the bond proceedings or sections 5531.09 and 5531.10	27339
of the Revised Code; to enjoin unlawful activities; and in the	27340
event of default with respect to the payment of any bond service	27341
charges on any obligations or in the performance of any covenant	27342
or agreement on the part of the issuing authority or the director	27343
of transportation in the bond proceedings, to apply to a court	27344
having jurisdiction of the cause to appoint a receiver to receive	27345
and administer the pledged receipts and special funds, other than	27346
those in the custody of the treasurer of state, which are pledged	27347
to the payment of the bond service charges on such obligations or	27348
which are the subject of the covenant or agreement, with full	27349
power to pay, and to provide for payment of bond service charges	27350
on, such obligations, and with such powers, subject to the	27351
direction of the court, as are accorded receivers in general	27352
equity cases, excluding any power to pledge additional revenues or	27353
receipts or other income or moneys of the state or local	27354
governmental entities, or agencies thereof, to the payment of such	27355
principal and interest and excluding the power to take possession	27356
of, mortgage, or cause the sale or otherwise dispose of any	27357
project facilities.	27358

Each duty of the issuing authority and the issuing	27359
authority's officers and employees, and of each state or local	27360
governmental agency and its officers, members, or employees,	27361
undertaken pursuant to the bond proceedings or any loan, loan	27362
guarantee, lease, lease-purchase agreement, or other agreement	27363
made under authority of section 5531.09 of the Revised Code, and	27364
in every agreement by or with the issuing authority, is hereby	27365
established as a duty of the issuing authority, and of each such	27366
officer, member, or employee having authority to perform such	27367
duty, specifically enjoined by the law resulting from an office,	27368
trust, or station within the meaning of section 2731.01 of the	27369
Revised Code.	27370

The person who is at the time the issuing authority, or the	27371
issuing authority's officers or employees, are not liable in their	27372
personal capacities on any obligations issued by the issuing	27373
authority or any agreements of or with the issuing authority.	27374

(L) The issuing authority may authorize and issue obligations	27375
for the refunding, including funding and retirement, and advance	27376
refunding with or without payment or redemption prior to maturity,	27377
of any obligations previously issued by the issuing authority or	27378
district obligations. Such refunding obligations may be issued in	27379
amounts sufficient for payment of the principal amount of the	27380
prior obligations or district obligations, any redemption premiums	27381
thereon, principal maturities of any such obligations or district	27382
obligations maturing prior to the redemption of the remaining	27383
obligations or district obligations on a parity therewith,	27384
interest accrued or to accrue to the maturity dates or dates of	27385
redemption of such obligations or district obligations, and any	27386
expenses incurred or to be incurred in connection with such	27387
issuance and such refunding, funding, and retirement. Subject to	27388
the bond proceedings therefor, the portion of proceeds of the sale	27389
of refunding obligations issued under this division to be applied	27390
to bond service charges on the prior obligations or district	27391
obligations shall be credited to an appropriate account held by	27392
the trustee for such prior or new obligations or to the	27393
appropriate account in the bond service fund for such obligations	27394
or district obligations. Obligations authorized under this	27395
division shall be deemed to be issued for those purposes for which	27396
such prior obligations or district obligations were issued and are	27397
subject to the provisions of this section pertaining to other	27398
obligations, except as otherwise provided in this section. The	27399
last maturity of obligations authorized under this division shall	27400
not be later than ~~twenty-five years from the date of issuance~~the	27401
latest permitted maturity of the original securities issued for	27402
the original purpose.	27403

(M) The authority to issue obligations under this section	27404
includes authority to issue obligations in the form of bond	27405
anticipation notes and to renew the same from time to time by the	27406
issuance of new notes. The holders of such notes or interest	27407
coupons pertaining thereto shall have a right to be paid solely	27408
from the pledged receipts and special funds that may be pledged to	27409
the payment of the bonds anticipated, or from the proceeds of such	27410
bonds or renewal notes, or both, as the issuing authority provides	27411
in the order authorizing such notes. Such notes may be	27412
additionally secured by covenants of the issuing authority to the	27413
effect that the issuing authority and the state will do such or	27414
all things necessary for the issuance of such bonds or renewal	27415
notes in the appropriate amount, and apply the proceeds thereof to	27416
the extent necessary, to make full payment of the principal of and	27417
interest on such notes at the time or times contemplated, as	27418
provided in such order. For such purpose, the issuing authority	27419
may issue bonds or renewal notes in such principal amount and upon	27420
such terms as may be necessary to provide funds to pay when	27421
required the principal of and interest on such notes,	27422
notwithstanding any limitations prescribed by or for purposes of	27423
this section. Subject to this division, all provisions for and	27424
references to obligations in this section are applicable to notes	27425
authorized under this division.	27426

The issuing authority in the bond proceedings authorizing the	27427
issuance of bond anticipation notes shall set forth for such bonds	27428
an estimated interest rate and a schedule of principal payments	27429
for such bonds and the annual maturity dates thereof.	27430

(N) Obligations issued under this section are lawful	27431
investments for banks, societies for savings, savings and loan	27432
associations, deposit guarantee associations, trust companies,	27433
trustees, fiduciaries, insurance companies, including domestic for	27434
life and domestic not for life, trustees or other officers having	27435
charge of sinking and bond retirement or other special funds of	27436
political subdivisions and taxing districts of this state, the	27437
commissioners of the sinking fund of the state, the administrator	27438
of workers' compensation, the state teachers retirement system,	27439
the public employees retirement system, the school employees	27440
retirement system, and the Ohio police and fire pension fund,	27441
notwithstanding any other provisions of the Revised Code or rules	27442
adopted pursuant thereto by any agency of the state with respect	27443
to investments by them, and are also acceptable as security for	27444
the deposit of public moneys.	27445

(O) Unless otherwise provided in any applicable bond	27446
proceedings, moneys to the credit of or in the special funds	27447
established by or pursuant to this section may be invested by or	27448
on behalf of the issuing authority only in notes, bonds, or other	27449
obligations of the United States, or of any agency or	27450
instrumentality of the United States, obligations guaranteed as to	27451
principal and interest by the United States, obligations of this	27452
state or any political subdivision of this state, and certificates	27453
of deposit of any national bank located in this state and any	27454
bank, as defined in section 1101.01 of the Revised Code, subject	27455
to inspection by the superintendent of financial institutions. If	27456
the law or the instrument creating a trust pursuant to division	27457
(J) of this section expressly permits investment in direct	27458
obligations of the United States or an agency of the United	27459
States, unless expressly prohibited by the instrument, such moneys	27460
also may be invested in no-front-end-load money market mutual	27461
funds consisting exclusively of obligations of the United States	27462
or an agency of the United States and in repurchase agreements,	27463
including those issued by the fiduciary itself, secured by	27464
obligations of the United States or an agency of the United	27465
States; and in collective investment funds as defined in division	27466
(A) of section 1111.01 of the Revised Code and consisting	27467
exclusively of any such securities. The income from such	27468
investments shall be credited to such funds as the issuing	27469
authority determines, and such investments may be sold at such	27470
times as the issuing authority determines or authorizes.	27471

(P) Provision may be made in the applicable bond proceedings	27472
for the establishment of separate accounts in the bond service	27473
fund and for the application of such accounts only to the	27474
specified bond service charges on obligations pertinent to such	27475
accounts and bond service fund and for other accounts therein	27476
within the general purposes of such fund. Unless otherwise	27477
provided in any applicable bond proceedings, moneys to the credit	27478
of or in the several special funds established pursuant to this	27479
section shall be disbursed on the order of the treasurer of state,	27480
provided that no such order is required for the payment from the	27481
bond service fund when due of bond service charges on obligations.	27482

(Q)(1) The issuing authority may pledge all, or such portion	27483
as the issuing authority determines, of the pledged receipts to	27484
the payment of bond service charges on obligations issued under	27485
this section, and for the establishment and maintenance of any	27486
reserves, as provided in the bond proceedings, and make other	27487
provisions therein with respect to pledged receipts as authorized	27488
by this chapter, which provisions are controlling notwithstanding	27489
any other provisions of law pertaining thereto.	27490

(2) An action taken under division (Q)(2) of this section	27491
does not limit the generality of division (Q)(1) of this section,	27492
and is subject to division (C) of this section and, if and to the	27493
extent otherwise applicable, Section 13 of Article VIII, Ohio	27494
Constitution. The bond proceedings may contain a covenant that, in	27495
the event the pledged receipts primarily pledged and required to	27496
be used for the payment of bond service charges on obligations	27497
issued under this section, and for the establishment and	27498
maintenance of any reserves, as provided in the bond proceedings,	27499
are insufficient to make any such payment in full when due, or to	27500
maintain any such reserve, the director of transportation shall so	27501
notify the governor, and shall determine to what extent, if any,	27502
the payment may be made or moneys may be restored to the reserves	27503
from lawfully available moneys previously appropriated for that	27504
purpose to the department of transportation. The covenant also may	27505
provide that if the payments are not made or the moneys are not	27506
immediately and fully restored to the reserves from such moneys,	27507
the director shall promptly submit to the governor and to the	27508
director of budget and management a written request for either or	27509
both of the following:	27510

(a) That the next biennial budget submitted by the governor	27511
to the general assembly include an amount to be appropriated from	27512
lawfully available moneys to the department for the purpose of and	27513
sufficient for the payment in full of bond service charges	27514
previously due and for the full replenishment of the reserves;	27515

(b) That the general assembly be requested to increase	27516
appropriations from lawfully available moneys for the department	27517
in the current biennium sufficient for the purpose of and for the	27518
payment in full of bond service charges previously due and to come	27519
due in the biennium and for the full replenishment of the	27520
reserves.	27521

The director of transportation shall include with such	27522
requests a recommendation that the payment of the bond service	27523
charges and the replenishment of the reserves be made in the	27524
interest of maximizing the benefits of the state infrastructure	27525
bank. Any such covenant shall not obligate or purport to obligate	27526
the state to pay the bond service charges on such bonds or notes	27527
or to deposit moneys in a reserve established for such payments	27528
other than from moneys that may be lawfully available and	27529
appropriated for that purpose during the then-current biennium.	27530

(R) There is hereby created the state infrastructure bank	27531
revenue bond service fund, which shall be in the custody of the	27532
treasurer of state but shall not be a part of the state treasury.	27533
All moneys received by or on account of the issuing authority or	27534
state agencies and required by the applicable bond proceedings,	27535
consistent with this section, to be deposited, transferred, or	27536
credited to the bond service fund, and all other moneys	27537
transferred or allocated to or received for the purposes of the	27538
fund, shall be deposited and credited to such fund and to any	27539
separate accounts therein, subject to applicable provisions of the	27540
bond proceedings, but without necessity for any act of	27541
appropriation. The state infrastructure bank revenue bond service	27542
fund is a trust fund and is hereby pledged to the payment of bond	27543
service charges to the extent provided in the applicable bond	27544
proceedings, and payment thereof from such fund shall be made or	27545
provided for by the treasurer of state in accordance with such	27546
bond proceedings without necessity for any act of appropriation.	27547

(S) The obligations issued pursuant to this section, the	27548
transfer thereof, and the income therefrom, including any profit	27549
made on the sale thereof, shall at all times be free from taxation	27550
within this state.	27551

Sec. 5703.052. (A) There is hereby created in the state	27552
treasury the tax refund fund, from which refunds shall be paid for	27553
taxes illegally or erroneously assessed or collected, or for any	27554
other reason overpaid, that are levied by Chapter 4301., 4305.,	27555
5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741.,	27556
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	27557
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	27558
5727.81, and 5727.811 of the Revised Code. Refunds for fees or	27559
wireless 9-1-1 charges illegally or erroneously assessed or	27560
collected, or for any other reason overpaid, that are levied by	27561
sections 128.42 or 3734.90 to 3734.9014 of the Revised Code also	27562
shall be paid from the fund. Refunds for amounts illegally or	27563
erroneously assessed or collected by the tax commissioner, or for	27564
any other reason overpaid, that are due under section 1509.50 of	27565
the Revised Code shall be paid from the fund. However, refunds for	27566
taxes levied under section 5739.101 of the Revised Code shall not	27567
be paid from the tax refund fund, but shall be paid as provided in	27568
section 5739.104 of the Revised Code.	27569

(B)(1) Upon certification by the tax commissioner to the	27570
treasurer of state of a tax refund, a wireless 9-1-1 charge	27571
refund, or another amount refunded, or by the superintendent of	27572
insurance of a domestic or foreign insurance tax refund, the	27573
treasurer of state shall place the amount certified to the credit	27574
of the fund. The certified amount transferred shall be derived	27575
from the receipts of the same tax, fee, wireless 9-1-1 charge, or	27576
other amount from which the refund arose.	27577

(2) When a refund is for a tax, fee, wireless 9-1-1 charge,	27578
or other amount that is not levied by the state or that was	27579
illegally or erroneously distributed to a taxing jurisdiction, the	27580
tax commissioner shall recover the amount of that refund from the	27581
next distribution of that tax, fee, wireless 9-1-1 charge, or	27582
other amount that otherwise would be made to the taxing	27583
jurisdiction. If the amount to be recovered would exceed	27584
twenty-five per cent of the next distribution of that tax, fee,	27585
wireless 9-1-1 charge, or other amount, the commissioner may	27586
spread the recovery over more than one future distribution, taking	27587
into account the amount to be recovered and the amount of the	27588
anticipated future distributions. In no event may the commissioner	27589
spread the recovery over a period to exceed ~~twenty-four~~thirty-six	27590
months.	27591

Sec. 5703.21. (A) Except as provided in divisions (B) and	27592
(C) of this section, no agent of the department of taxation,	27593
except in the agent's report to the department or when called on	27594
to testify in any court or proceeding, shall divulge any	27595
information acquired by the agent as to the transactions,	27596
property, or business of any person while acting or claiming to	27597
act under orders of the department. Whoever violates this	27598
provision shall thereafter be disqualified from acting as an	27599
officer or employee or in any other capacity under appointment or	27600
employment of the department.	27601

(B)(1) For purposes of an audit pursuant to section 117.15 of	27602
the Revised Code, or an audit of the department pursuant to	27603
Chapter 117. of the Revised Code, or an audit, pursuant to that	27604
chapter, the objective of which is to express an opinion on a	27605
financial report or statement prepared or issued pursuant to	27606
division (A)(7) or (9) of section 126.21 of the Revised Code, the	27607
officers and employees of the auditor of state charged with	27608
conducting the audit shall have access to and the right to examine	27609
any state tax returns and state tax return information in the	27610
possession of the department to the extent that the access and	27611
examination are necessary for purposes of the audit. Any	27612
information acquired as the result of that access and examination	27613
shall not be divulged for any purpose other than as required for	27614
the audit or unless the officers and employees are required to	27615
testify in a court or proceeding under compulsion of legal	27616
process. Whoever violates this provision shall thereafter be	27617
disqualified from acting as an officer or employee or in any other	27618
capacity under appointment or employment of the auditor of state.	27619

(2) For purposes of an internal audit pursuant to section	27620
126.45 of the Revised Code, the officers and employees of the	27621
office of internal audit in the office of budget and management	27622
charged with directing the internal audit shall have access to and	27623
the right to examine any state tax returns and state tax return	27624
information in the possession of the department to the extent that	27625
the access and examination are necessary for purposes of the	27626
internal audit. Any information acquired as the result of that	27627
access and examination shall not be divulged for any purpose other	27628
than as required for the internal audit or unless the officers and	27629
employees are required to testify in a court or proceeding under	27630
compulsion of legal process. Whoever violates this provision shall	27631
thereafter be disqualified from acting as an officer or employee	27632
or in any other capacity under appointment or employment of the	27633
office of internal audit.	27634

(3) As provided by section 6103(d)(2) of the Internal Revenue	27635
Code, any federal tax returns or federal tax information that the	27636
department has acquired from the internal revenue service, through	27637
federal and state statutory authority, may be disclosed to the	27638
auditor of state or the office of internal audit solely for	27639
purposes of an audit of the department.	27640

(4) For purposes of Chapter 3739. of the Revised Code, an	27641
agent of the department of taxation may share information with the	27642
division of state fire marshal that the agent finds during the	27643
course of an investigation.	27644

(C) Division (A) of this section does not prohibit any of the	27645
following:	27646

(1) Divulging information contained in applications,	27647
complaints, and related documents filed with the department under	27648
section 5715.27 of the Revised Code or in applications filed with	27649
the department under section 5715.39 of the Revised Code;	27650

(2) Providing information to the office of child support	27651
within the department of job and family services pursuant to	27652
section 3125.43 of the Revised Code;	27653

(3) Disclosing to the motor vehicle repair board any	27654
information in the possession of the department that is necessary	27655
for the board to verify the existence of an applicant's valid	27656
vendor's license and current state tax identification number under	27657
section 4775.07 of the Revised Code;	27658

(4) Providing information to the administrator of workers'	27659
compensation pursuant to sections 4123.271 and 4123.591 of the	27660
Revised Code;	27661

(5) Providing to the attorney general information the	27662
department obtains under division (J) of section 1346.01 of the	27663
Revised Code;	27664

(6) Permitting properly authorized officers, employees, or	27665
agents of a municipal corporation from inspecting reports or	27666
information pursuant to rules adopted under section 5745.16 of the	27667
Revised Code;	27668

(7) Providing information regarding the name, account number,	27669
or business address of a holder of a vendor's license issued	27670
pursuant to section 5739.17 of the Revised Code, a holder of a	27671
direct payment permit issued pursuant to section 5739.031 of the	27672
Revised Code, or a seller having a use tax account maintained	27673
pursuant to section 5741.17 of the Revised Code, or information	27674
regarding the active or inactive status of a vendor's license,	27675
direct payment permit, or seller's use tax account;	27676

(8) Releasing invoices or invoice information furnished under	27677
section 4301.433 of the Revised Code pursuant to that section;	27678

(9) Providing to a county auditor notices or documents	27679
concerning or affecting the taxable value of property in the	27680
county auditor's county. Unless authorized by law to disclose	27681
documents so provided, the county auditor shall not disclose such	27682
documents;	27683

(10) Providing to a county auditor sales or use tax return or	27684
audit information under section 333.06 of the Revised Code;	27685

(11) Subject to section 4301.441 of the Revised Code,	27686
disclosing to the appropriate state agency information in the	27687
possession of the department of taxation that is necessary to	27688
verify a permit holder's gallonage or noncompliance with taxes	27689
levied under Chapter 4301. or 4305. of the Revised Code;	27690

(12) Disclosing to the department of natural resources	27691
information in the possession of the department of taxation that	27692
is necessary for the department of taxation to verify the	27693
taxpayer's compliance with section 5749.02 of the Revised Code or	27694
to allow the department of natural resources to enforce Chapter	27695
1509. of the Revised Code;	27696

(13) Disclosing to the department of job and family services,	27697
industrial commission, and bureau of workers' compensation	27698
information in the possession of the department of taxation solely	27699
for the purpose of identifying employers that misclassify	27700
employees as independent contractors or that fail to properly	27701
report and pay employer tax liabilities. The department of	27702
taxation shall disclose only such information that is necessary to	27703
verify employer compliance with law administered by those	27704
agencies.	27705

(14) Disclosing to the Ohio casino control commission	27706
information in the possession of the department of taxation that	27707
is necessary to verify a casino operator's compliance with section	27708
5747.063 or 5753.02 of the Revised Code and sections related	27709
thereto;	27710

(15) Disclosing to the state lottery commission information	27711
in the possession of the department of taxation that is necessary	27712
to verify a lottery sales agent's compliance with section 5747.064	27713
of the Revised Code;	27714

(16) Providing to a board of county commissioners any sales	27715
or use tax return or audit information necessary to verify	27716
vendors' compliance with any taxes levied by the county under	27717
Chapter 5739. or 5741. of the Revised Code.	27718

Sec. 5705.10. (A) All revenue derived from the general levy	27719
for current expense within the ten-mill limitation, from any	27720
general levy for current expense authorized by vote in excess of	27721
the ten-mill limitation, and from sources other than the general	27722
property tax, unless its use for a particular purpose is	27723
prescribed by law, shall be paid into the general fund.	27724

(B) All revenue derived from general or special levies for	27725
debt charges, whether within or in excess of the ten-mill	27726
limitation, which is levied for the debt charges on serial bonds,	27727
notes, or certificates of indebtedness having a life less than	27728
five years, shall be paid into the bond retirement fund; and all	27729
such revenue which is levied for the debt charges on all other	27730
bonds, notes, or certificates of indebtedness shall be paid into	27731
the sinking fund.	27732

(C) All revenue derived from a special levy shall be credited	27733
to a special fund for the purpose for which the levy was made.	27734

(D) Except as otherwise provided by resolution adopted	27735
pursuant to section 3315.01 of the Revised Code, all revenue	27736
derived from a source other than the general property tax and	27737
which the law prescribes shall be used for a particular purpose,	27738
shall be paid into a special fund for such purpose. Except as	27739
otherwise provided by resolution adopted pursuant to section	27740
3315.01 of the Revised Code or as otherwise provided by section	27741
3315.40 of the Revised Code, all revenue derived from a source	27742
other than the general property tax, for which the law does not	27743
prescribe use for a particular purpose, including interest earned	27744
on the principal of any special fund, regardless of the source or	27745
purpose of the principal, shall be paid into the general fund.	27746

(E) All proceeds from the sale of public obligations or	27747
fractionalized interests in public obligations as defined in	27748
section 133.01 of the Revised Code, except premium and accrued	27749
interest, shall be paid into a special fund for the purpose of	27750
such issue, and any interest and other income earned on money in	27751
such special fund may be used for the purposes for which the	27752
indebtedness was authorized or may be credited to the general fund	27753
or other fund or account as the taxing authority authorizes and	27754
used for the purposes of that fund or account. The premium and	27755
accrued interest received from such sale shall be paid into the	27756
sinking fund or the bond retirement fund of the subdivision.	27757

(F) Except as provided in divisions (G) and (H) of this	27758
section, if a permanent improvement of the subdivision is sold,	27759
the amount received from the sale shall be paid into the sinking	27760
fund, the bond retirement fund, or a special fund for the	27761
construction or acquisition of permanent improvements; provided	27762
that the proceeds from the sale of a public utility shall be paid	27763
into the sinking fund or bond retirement fund to the extent	27764
necessary to provide for the retirement of the outstanding	27765
indebtedness incurred in the construction or acquisition of such	27766
utility. Proceeds from the sale of property other than a permanent	27767
improvement shall be paid into the fund from which such property	27768
was acquired or is maintained or, if there is no such fund, into	27769
the general fund.	27770

(G) A township that has a population greater than fifteen	27771
thousand according to the most recent federal decennial census and	27772
that has declared one or more improvements in the township to be a	27773
public purpose under section 5709.73 of the Revised Code may pay	27774
proceeds from the sale of a permanent improvement of the township	27775
into its general fund if both of the following conditions are	27776
satisfied:	27777

(1) The township fiscal officer determines that all	27778
foreseeable public infrastructure improvements, as defined in	27779
section 5709.40 of the Revised Code, to be made in the township in	27780
the ten years immediately following the date the permanent	27781
improvement is sold will have been financed through resolutions	27782
adopted under section 5709.73 of the Revised Code on or before the	27783
date of the sale. The fiscal officer shall provide written	27784
certification of this determination for the township's records.	27785

(2) The permanent improvement being sold was financed	27786
entirely from moneys in the township's general fund.	27787

(H) If a board of education of a school district disposes of	27788
real property under section 3313.41 of the Revised Code, the	27789
proceeds received on or after September 29, 2013, from the sale	27790
shall be used ~~to retire~~for either of the following purposes:	27791

(1) The retirement of any debt that was incurred by the	27792
district with respect to that real property. Proceeds in excess of	27793
the funds necessary to retire that debt may be paid into the	27794
school district's capital and maintenance fund and used only to	27795
pay for the costs of nonoperating capital expenses related to	27796
technology infrastructure and equipment to be used for instruction	27797
and assessment.	27798

(2) Payment into a special fund for the construction or	27799
acquisition of permanent improvements.	27800

(I) Money paid into any fund shall be used only for the	27801
purposes for which such fund is established.	27802

Sec. 5709.12. (A) As used in this section, "independent	27803
living facilities" means any residential housing facilities and	27804
related property that are not a nursing home, residential care	27805
facility, or residential facility as defined in division (A) of	27806
section 5701.13 of the Revised Code.	27807

(B) Lands, houses, and other buildings belonging to a county,	27808
township, or municipal corporation and used exclusively for the	27809
accommodation or support of the poor, or leased to the state or	27810
any political subdivision for public purposes shall be exempt from	27811
taxation. Real and tangible personal property belonging to	27812
institutions that is used exclusively for charitable purposes	27813
shall be exempt from taxation, including real property belonging	27814
to an institution that is a nonprofit corporation that receives a	27815
grant under the Thomas Alva Edison grant program authorized by	27816
division (C) of section 122.33 of the Revised Code at any time	27817
during the tax year and being held for leasing or resale to	27818
others. If, at any time during a tax year for which such property	27819
is exempted from taxation, the corporation ceases to qualify for	27820
such a grant, the director of development shall notify the tax	27821
commissioner, and the tax commissioner shall cause the property to	27822
be restored to the tax list beginning with the following tax year.	27823
All property owned and used by a nonprofit organization	27824
exclusively for a home for the aged, as defined in section 5701.13	27825
of the Revised Code, also shall be exempt from taxation.	27826

(C)(1) If a home for the aged described in division (B)(1) of	27827
section 5701.13 of the Revised Code is operated in conjunction	27828
with or at the same site as independent living facilities, the	27829
exemption granted in division (B) of this section shall include	27830
kitchen, dining room, clinic, entry ways, maintenance and storage	27831
areas, and land necessary for access commonly used by both	27832
residents of the home for the aged and residents of the	27833
independent living facilities. Other facilities commonly used by	27834
both residents of the home for the aged and residents of	27835
independent living units shall be exempt from taxation only if the	27836
other facilities are used primarily by the residents of the home	27837
for the aged. Vacant land currently unused by the home, and	27838
independent living facilities and the lands connected with them	27839
are not exempt from taxation. Except as provided in division	27840
(A)(1) of section 5709.121 of the Revised Code, property of a home	27841
leased for nonresidential purposes is not exempt from taxation.	27842

(2) Independent living facilities are exempt from taxation if	27843
they are operated in conjunction with or at the same site as a	27844
home for the aged described in division (B)(2) of section 5701.13	27845
of the Revised Code; operated by a corporation, association, or	27846
trust described in division (B)(1)(b) of that section; operated	27847
exclusively for the benefit of members of the corporation,	27848
association, or trust who are retired, aged, or infirm; and	27849
provided to those members without charge in consideration of their	27850
service, without compensation, to a charitable, religious,	27851
fraternal, or educational institution. For the purposes of	27852
division (C)(2) of this section, "compensation" does not include	27853
furnishing room and board, clothing, health care, or other	27854
necessities, or stipends or other de minimis payments to defray	27855
the cost thereof.	27856

(D)(1) A private corporation established under federal law,	27857
as defined in 36 U.S.C. 1101, Pub. L. No. 102-199, 105 Stat. 1629,	27858
as amended, the objects of which include encouraging the	27859
advancement of science generally, or of a particular branch of	27860
science, the promotion of scientific research, the improvement of	27861
the qualifications and usefulness of scientists, or the increase	27862
and diffusion of scientific knowledge is conclusively presumed to	27863
be a charitable or educational institution. A private corporation	27864
established as a nonprofit corporation under the laws of a state,	27865
that is exempt from federal income taxation under section	27866
501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	27867
U.S.C.A. 1, as amended, and has as its principal purpose one or	27868
more of the foregoing objects, also is conclusively presumed to be	27869
a charitable or educational institution.	27870

The fact that an organization described in this division	27871
operates in a manner that results in an excess of revenues over	27872
expenses shall not be used to deny the exemption granted by this	27873
section, provided such excess is used, or is held for use, for	27874
exempt purposes or to establish a reserve against future	27875
contingencies; and, provided further, that such excess may not be	27876
distributed to individual persons or to entities that would not be	27877
entitled to the tax exemptions provided by this chapter. Nor shall	27878
the fact that any scientific information diffused by the	27879
organization is of particular interest or benefit to any of its	27880
individual members be used to deny the exemption granted by this	27881
section, provided that such scientific information is available to	27882
the public for purchase or otherwise.	27883

(2) Division (D)(2) of this section does not apply to real	27884
property exempted from taxation under this section and division	27885
(A)(3) of section 5709.121 of the Revised Code and belonging to a	27886
nonprofit corporation described in division (D)(1) of this section	27887
that has received a grant under the Thomas Alva Edison grant	27888
program authorized by division (C) of section 122.33 of the	27889
Revised Code during any of the tax years the property was exempted	27890
from taxation.	27891

When a private corporation described in division (D)(1) of	27892
this section sells all or any portion of a tract, lot, or parcel	27893
of real estate that has been exempt from taxation under this	27894
section and section 5709.121 of the Revised Code, the portion sold	27895
shall be restored to the tax list for the year following the year	27896
of the sale and, except in connection with a sale and transfer of	27897
such a tract, lot, or parcel to a county land reutilization	27898
corporation organized under Chapter 1724. of the Revised Code, a	27899
charge shall be levied against the sold property in an amount	27900
equal to the tax savings on such property during the four tax	27901
years preceding the year the property is placed on the tax list.	27902
The tax savings equals the amount of the additional taxes that	27903
would have been levied if such property had not been exempt from	27904
taxation.	27905

The charge constitutes a lien of the state upon such property	27906
as of the first day of January of the tax year in which the charge	27907
is levied and continues until discharged as provided by law. The	27908
charge may also be remitted for all or any portion of such	27909
property that the tax commissioner determines is entitled to	27910
exemption from real property taxation for the year such property	27911
is restored to the tax list under any provision of the Revised	27912
Code, other than sections 725.02, 1728.10, 3735.67, 5709.40,	27913
5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78, and 5709.84,	27914
upon an application for exemption covering the year such property	27915
is restored to the tax list filed under section 5715.27 of the	27916
Revised Code.	27917

(E) Real property held by an organization organized and	27918
operated exclusively for charitable purposes as described under	27919
section 501(c)(3) of the Internal Revenue Code and exempt from	27920
federal taxation under section 501(a) of the Internal Revenue	27921
Code, 26 U.S.C.A. 501(a) and (c)(3), as amended, for the purpose	27922
of constructing or rehabilitating residences for eventual transfer	27923
to qualified low-income families through sale, lease, or land	27924
installment contract, shall be exempt from taxation.	27925

The exemption shall commence on the day title to the property	27926
is transferred to the organization and shall continue to the end	27927
of the tax year in which the organization transfers title to the	27928
property to a qualified low-income family. In no case shall the	27929
exemption extend beyond the second succeeding tax year following	27930
the year in which the title was transferred to the organization.	27931
If the title is transferred to the organization and from the	27932
organization to a qualified low-income family in the same tax	27933
year, the exemption shall continue to the end of that tax year.	27934
The proportionate amount of taxes that are a lien but not yet	27935
determined, assessed, and levied for the tax year in which title	27936
is transferred to the organization shall be remitted by the county	27937
auditor for each day of the year that title is held by the	27938
organization.	27939

Upon transferring the title to another person, the	27940
organization shall file with the county auditor an affidavit	27941
affirming that the title was transferred to a qualified low-income	27942
family or that the title was not transferred to a qualified	27943
low-income family, as the case may be; if the title was	27944
transferred to a qualified low-income family, the affidavit shall	27945
identify the transferee by name. If the organization transfers	27946
title to the property to anyone other than a qualified low-income	27947
family, the exemption, if it has not previously expired, shall	27948
terminate, and the property shall be restored to the tax list for	27949
the year following the year of the transfer and a charge shall be	27950
levied against the property in an amount equal to the amount of	27951
additional taxes that would have been levied if such property had	27952
not been exempt from taxation. The charge constitutes a lien of	27953
the state upon such property as of the first day of January of the	27954
tax year in which the charge is levied and continues until	27955
discharged as provided by law.	27956

The application for exemption shall be filed as otherwise	27957
required under section 5715.27 of the Revised Code, except that	27958
the organization holding the property shall file with its	27959
application documentation substantiating its status as an	27960
organization organized and operated exclusively for charitable	27961
purposes under section 501(c)(3) of the Internal Revenue Code and	27962
its qualification for exemption from federal taxation under	27963
section 501(a) of the Internal Revenue Code, and affirming its	27964
intention to construct or rehabilitate the property for the	27965
eventual transfer to qualified low-income families.	27966

As used in this division, "qualified low-income family" means	27967
a family whose income does not exceed two hundred per cent of the	27968
official federal poverty guidelines as revised annually in	27969
accordance with section 673(2) of the "Omnibus Budget	27970
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	27971
amended, for a family size equal to the size of the family whose	27972
income is being determined.	27973

(F) Real property held by a county land reutilization	27974
corporation organized under Chapter 1724. of the Revised Code	27975
shall be exempt from taxation. Notwithstanding section 5715.27 of	27976
the Revised Code, a county land reutilization corporation is not	27977
required to apply to any county or state agency in order to	27978
qualify for the exemption.	27979

The exemption shall commence on the day title to the property	27980
is transferred to the corporation and shall continue to the end of	27981
the tax year in which the instrument transferring title from the	27982
corporation to another owner is recorded, if the use to which the	27983
other owner puts the property does not qualify for an exemption	27984
under this section or any other section of the Revised Code. If	27985
the title to the property is transferred to the corporation and	27986
from the corporation in the same tax year, the exemption shall	27987
continue to the end of that tax year. The proportionate amount of	27988
taxes that are a lien but not yet determined, assessed, and levied	27989
for the tax year in which title is transferred to the corporation	27990
shall be remitted by the county auditor for each day of the year	27991
that title is held by the corporation.	27992

Upon transferring the title to another person, the	27993
corporation shall file with the county auditor an affidavit	27994
affirming that the title was transferred to such other person and	27995
shall identify the transferee by name. If the corporation	27996
transfers title to the property to anyone that does not qualify or	27997
the use to which the property is put does not qualify the property	27998
for an exemption under this section or any other section of the	27999
Revised Code, the exemption, if it has not previously expired,	28000
shall terminate, and the property shall be restored to the tax	28001
list for the year following the year of the transfer. A charge	28002
shall be levied against the property in an amount equal to the	28003
amount of additional taxes that would have been levied if such	28004
property had not been exempt from taxation. The charge constitutes	28005
a lien of the state upon such property as of the first day of	28006
January of the tax year in which the charge is levied and	28007
continues until discharged as provided by law.	28008

In lieu of the application for exemption otherwise required	28009
to be filed as required under section 5715.27 of the Revised Code,	28010
a count land reutilization corporation holding the property shall,	28011
upon the request of any county or state agency, submit its	28012
articles of incorporation substantiating its status as a county	28013
land reutilization corporation.	28014

(G) Property that is owned by an organization described under	28015
section 501(c)(3) of the Internal Revenue Code and exempt from	28016
federal income taxation under section 501(a) of the Internal	28017
Revenue Code and that is used exclusively for receiving,	28018
processing, or distributing human blood, tissues, eyes, or organs	28019
or for research and development thereof shall be exempt from	28020
taxation.	28021

Sec. 5709.121. (A) Real property and tangible personal	28022
property belonging to a charitable or educational institution or	28023
to the state or a political subdivision, shall be considered as	28024
used exclusively for charitable or public purposes by such	28025
institution, the state, or political subdivision, if it meets one	28026
of the following requirements:	28027

(1) It is used by such institution, the state, or political	28028
subdivision, or by one or more other such institutions, the state,	28029
or political subdivisions under a lease, sublease, or other	28030
contractual arrangement:	28031

(a) As a community or area center in which presentations in	28032
music, dramatics, the arts, and related fields are made in order	28033
to foster public interest and education therein;	28034

(b) For other charitable, educational, or public purposes.

28035

(2) It is made available under the direction or control of	28036
such institution, the state, or political subdivision for use in	28037
furtherance of or incidental to its charitable, educational, or	28038
public purposes and not with the view to profit.	28039

(3) It is used by an organization described in division (D)	28040
of section 5709.12 of the Revised Code. If the organization is a	28041
corporation that receives a grant under the Thomas Alva Edison	28042
grant program authorized by division (C) of section 122.33 of the	28043
Revised Code at any time during the tax year, "used," for the	28044
purposes of this division, includes holding property for lease or	28045
resale to others.	28046

(B)(1) Property described in division (A)(1)(a) of this	28047
section shall continue to be considered as used exclusively for	28048
charitable or public purposes even if the property is conveyed	28049
through one conveyance or a series of conveyances to an entity	28050
that is not a charitable or educational institution and is not the	28051
state or a political subdivision, provided that all of the	28052
following conditions apply with respect to that property:	28053

(a) The property has been listed as exempt on the county	28054
auditor's tax list and duplicate for the county in which it is	28055
located for the ten tax years immediately preceding the year in	28056
which the property is conveyed through one conveyance or a series	28057
of conveyances;	28058

(b) The property is conveyed through one conveyance or a	28059
series of conveyances to an owner that does any of the following:	28060

(i) Leases the property through one lease or a series of	28061
leases to the entity that owned or occupied the property for the	28062
ten tax years immediately preceding the year in which the property	28063
is conveyed or to an affiliate of that entity;	28064

(ii) Contracts to have renovations performed as described in	28065
division (B)(1)(d) of this section and is at least partially owned	28066
by a nonprofit organization described in section 501(c)(3) of the	28067
Internal Revenue Code that is exempt from taxation under section	28068
501(a) of that code.	28069

(c) The property includes improvements that are at least	28070
fifty years old;	28071

(d) The property is being renovated in connection with a	28072
claim for historic preservation tax credits available under	28073
federal law;	28074

(e) The property continues to be used for the purposes	28075
described in division (A)(1)(a) of this section after its	28076
conveyance; and	28077

(f) The property is certified by the United States secretary	28078
of the interior as a "certified historic structure" or certified	28079
as part of a certified historic structure.	28080

(2) Notwithstanding section 5715.27 of the Revised Code, an	28081
application for exemption from taxation of property described in	28082
division (B)(1) of this section may be filed by either the owner	28083
of the property or its occupant.	28084

(C)(1) Real property, the owner or qualified lessee of which	28085
is a qualifying limited liability company, shall be considered as	28086
used exclusively for charitable or public purposes, provided all	28087
of the following apply:	28088

(a) A building on that property is a certified historic	28089
structure or part of a certified historic structure;	28090

(b) Not more than thirteen months have passed after the later	28091
of (i) the date a rehabilitation tax credit certificate is issued	28092
to the qualifying limited liability company under section 149.311	28093
of the Revised Code on the basis of that property or (ii) the last	28094
date of the recapture period under section 50 of the Internal	28095
Revenue Code for a credit claimed by the qualifying limited	28096
liability company under section 47 of the Internal Revenue Code on	28097
the basis of that property;	28098

(c) The property is used for one or more of the purposes	28099
described in division (A) of this section by the state or one or	28100
more charitable or educational institutions or political	28101
subdivisions pursuant to a lease, sublease, or other contractual	28102
arrangement with the qualifying limited liability company.	28103

(2) As used in division (C) of this section:

28104

(a) "Certified historic structure" has the same meaning as in	28105
section 47 of the Internal Revenue Code.	28106

(b) "Qualified lessee" has the same meaning as in section	28107
149.311 of the Revised Code.	28108

(c) "Qualifying limited liability company" means a limited	28109
liability company formed under the laws of this state and having a	28110
single managing member that is a charitable or educational	28111
institution, provided the limited liability company's articles of	28112
organization states both of the following:	28113

(i) That the sole purpose of the limited liability company is	28114
to rehabilitate the property of which it is the owner or qualified	28115
lessee using revenue from the tax credit authorized under section	28116
47 of the Internal Revenue Code or section 149.311 of the Revised	28117
Code;	28118

(ii) That the limited liability company's single managing	28119
member shall diligently pursue the rehabilitation of the property	28120
using revenue from one or both of those tax credits.	28121

(D) For purposes of this section, an institution that meets	28122
all of the following requirements is conclusively presumed to be a	28123
charitable institution:	28124

(1) The institution is a nonprofit corporation or	28125
association, no part of the net earnings of which inures to the	28126
benefit of any private shareholder or individual;	28127

(2) The institution is exempt from federal income taxation	28128
under section 501(a) of the Internal Revenue Code;	28129

(3) The majority of the institution's board of directors are	28130
appointed by the mayor or legislative authority of a municipal	28131
corporation or a board of county commissioners, or a combination	28132
thereof;	28133

(4) The primary purpose of the institution is to assist in	28134
the development and revitalization of downtown urban areas.	28135

Sec. 5709.40. (A) As used in this section:

28136

(1) "Blighted area" and "impacted city" have the same	28137
meanings as in section 1728.01 of the Revised Code.	28138

(2) "Business day" means a day of the week excluding	28139
Saturday, Sunday, and a legal holiday as defined under section	28140
1.14 of the Revised Code.	28141

(3) "Housing renovation" means a project carried out for	28142
residential purposes.	28143

(4) "Improvement" means the increase in the assessed value of	28144
any real property that would first appear on the tax list and	28145
duplicate of real and public utility property after the effective	28146
date of an ordinance adopted under this section were it not for	28147
the exemption granted by that ordinance.	28148

(5) "Incentive district" means an area not more than three	28149
hundred acres in size enclosed by a continuous boundary in which a	28150
project is being, or will be, undertaken and having one or more of	28151
the following distress characteristics:	28152

(a) At least fifty-one per cent of the residents of the	28153
district have incomes of less than eighty per cent of the median	28154
income of residents of the political subdivision in which the	28155
district is located, as determined in the same manner specified	28156
under section 119(b) of the "Housing and Community Development Act	28157
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	28158

(b) The average rate of unemployment in the district during	28159
the most recent twelve-month period for which data are available	28160
is equal to at least one hundred fifty per cent of the average	28161
rate of unemployment for this state for the same period.	28162

(c) At least twenty per cent of the people residing in the	28163
district live at or below the poverty level as defined in the	28164
federal Housing and Community Development Act of 1974, 42 U.S.C.	28165
5301, as amended, and regulations adopted pursuant to that act.	28166

(d) The district is a blighted area.

28167

(e) The district is in a situational distress area as	28168
designated by the director of development services under division	28169
(F) of section 122.23 of the Revised Code.	28170

(f) As certified by the engineer for the political	28171
subdivision, the public infrastructure serving the district is	28172
inadequate to meet the development needs of the district as	28173
evidenced by a written economic development plan or urban renewal	28174
plan for the district that has been adopted by the legislative	28175
authority of the subdivision.	28176

(g) The district is comprised entirely of unimproved land	28177
that is located in a distressed area as defined in section 122.23	28178
of the Revised Code.	28179

(6) "Project" means development activities undertaken on one	28180
or more parcels, including, but not limited to, construction,	28181
expansion, and alteration of buildings or structures, demolition,	28182
remediation, and site development, and any building or structure	28183
that results from those activities.	28184

(7) "Public infrastructure improvement" includes, but is not	28185
limited to, public roads and highways; water and sewer lines;	28186
environmental remediation; land acquisition, including acquisition	28187
in aid of industry, commerce, distribution, or research;	28188
demolition, including demolition on private property when	28189
determined to be necessary for economic development purposes;	28190
stormwater and flood remediation projects, including such projects	28191
on private property when determined to be necessary for public	28192
health, safety, and welfare; the provision of gas, electric, and	28193
communications service facilities, including the provision of gas	28194
or electric service facilities owned by nongovernmental entities	28195
when such improvements are determined to be necessary for economic	28196
development purposes; and the enhancement of public waterways	28197
through improvements that allow for greater public access.	28198

(B) The legislative authority of a municipal corporation, by	28199
ordinance, may declare improvements to certain parcels of real	28200
property located in the municipal corporation to be a public	28201
purpose. Improvements with respect to a parcel that is used or to	28202
be used for residential purposes may be declared a public purpose	28203
under this division only if the parcel is located in a blighted	28204
area of an impacted city. For this purpose, "parcel that is used	28205
or to be used for residential purposes" means a parcel that, as	28206
improved, is used or to be used for purposes that would cause the	28207
tax commissioner to classify the parcel as residential property in	28208
accordance with rules adopted by the commissioner under section	28209
5713.041 of the Revised Code. Except with the approval under	28210
division (D) of this section of the board of education of each	28211
city, local, or exempted village school district within which the	28212
improvements are located, not more than seventy-five per cent of	28213
an improvement thus declared to be a public purpose may be	28214
exempted from real property taxation for a period of not more than	28215
ten years. The ordinance shall specify the percentage of the	28216
improvement to be exempted from taxation and the life of the	28217
exemption.	28218

An ordinance adopted or amended under this division shall	28219
designate the specific public infrastructure improvements made, to	28220
be made, or in the process of being made by the municipal	28221
corporation that directly benefit, or that once made will directly	28222
benefit, the parcels for which improvements are declared to be a	28223
public purpose. The service payments provided for in section	28224
5709.42 of the Revised Code shall be used to finance the public	28225
infrastructure improvements designated in the ordinance, for the	28226
purpose described in division (D)(1) of this section or as	28227
provided in section 5709.43 of the Revised Code.	28228

(C)(1) The legislative authority of a municipal corporation	28229
may adopt an ordinance creating an incentive district and	28230
declaring improvements to parcels within the district to be a	28231
public purpose and, except as provided in division (F) of this	28232
section, exempt from taxation as provided in this section, but no	28233
legislative authority of a municipal corporation that has a	28234
population that exceeds twenty-five thousand, as shown by the most	28235
recent federal decennial census, shall adopt an ordinance that	28236
creates an incentive district if the sum of the taxable value of	28237
real property in the proposed district for the preceding tax year	28238
and the taxable value of all real property in the municipal	28239
corporation that would have been taxable in the preceding year	28240
were it not for the fact that the property was in an existing	28241
incentive district and therefore exempt from taxation exceeds	28242
twenty-five per cent of the taxable value of real property in the	28243
municipal corporation for the preceding tax year. The ordinance	28244
shall delineate the boundary of the district and specifically	28245
identify each parcel within the district. A district may not	28246
include any parcel that is or has been exempted from taxation	28247
under division (B) of this section or that is or has been within	28248
another district created under this division. An ordinance may	28249
create more than one such district, and more than one ordinance	28250
may be adopted under division (C)(1) of this section.	28251

(2) Not later than thirty days prior to adopting an ordinance	28252
under division (C)(1) of this section, if the municipal	28253
corporation intends to apply for exemptions from taxation under	28254
section 5709.911 of the Revised Code on behalf of owners of real	28255
property located within the proposed incentive district, the	28256
legislative authority of a municipal corporation shall conduct a	28257
public hearing on the proposed ordinance. Not later than thirty	28258
days prior to the public hearing, the legislative authority shall	28259
give notice of the public hearing and the proposed ordinance by	28260
first class mail to every real property owner whose property is	28261
located within the boundaries of the proposed incentive district	28262
that is the subject of the proposed ordinance.	28263

(3)(a) An ordinance adopted under division (C)(1) of this	28264
section shall specify the life of the incentive district and the	28265
percentage of the improvements to be exempted, shall designate the	28266
public infrastructure improvements made, to be made, or in the	28267
process of being made, that benefit or serve, or, once made, will	28268
benefit or serve parcels in the district. The ordinance also shall	28269
identify one or more specific projects being, or to be, undertaken	28270
in the district that place additional demand on the public	28271
infrastructure improvements designated in the ordinance. The	28272
project identified may, but need not be, the project under	28273
division (C)(3)(b) of this section that places real property in	28274
use for commercial or industrial purposes. Except as otherwise	28275
permitted under that division, the service payments provided for	28276
in section 5709.42 of the Revised Code shall be used to finance	28277
the designated public infrastructure improvements, for the purpose	28278
described in division (D)(1) or (E) of this section, or as	28279
provided in section 5709.43 of the Revised Code.	28280

An ordinance adopted under division (C)(1) of this section on	28281
or after March 30, 2006, shall not designate police or fire	28282
equipment as public infrastructure improvements, and no service	28283
payment provided for in section 5709.42 of the Revised Code and	28284
received by the municipal corporation under the ordinance shall be	28285
used for police or fire equipment.	28286

(b) An ordinance adopted under division (C)(1) of this	28287
section may authorize the use of service payments provided for in	28288
section 5709.42 of the Revised Code for the purpose of housing	28289
renovations within the incentive district, provided that the	28290
ordinance also designates public infrastructure improvements that	28291
benefit or serve the district, and that a project within the	28292
district places real property in use for commercial or industrial	28293
purposes. Service payments may be used to finance or support	28294
loans, deferred loans, and grants to persons for the purpose of	28295
housing renovations within the district. The ordinance shall	28296
designate the parcels within the district that are eligible for	28297
housing renovation. The ordinance shall state separately the	28298
amounts or the percentages of the expected aggregate service	28299
payments that are designated for each public infrastructure	28300
improvement and for the general purpose of housing renovations.	28301

(4) Except with the approval of the board of education of	28302
each city, local, or exempted village school district within the	28303
territory of which the incentive district is or will be located,	28304
and subject to division (E) of this section, the life of an	28305
incentive district shall not exceed ten years, and the percentage	28306
of improvements to be exempted shall not exceed seventy-five per	28307
cent. With approval of the board of education, the life of a	28308
district may be not more than thirty years, and the percentage of	28309
improvements to be exempted may be not more than one hundred per	28310
cent. The approval of a board of education shall be obtained in	28311
the manner provided in division (D) of this section.	28312

(D)(1) If the ordinance declaring improvements to a parcel to	28313
be a public purpose or creating an incentive district specifies	28314
that payments in lieu of taxes provided for in section 5709.42 of	28315
the Revised Code shall be paid to the city, local, or exempted	28316
village, and joint vocational school district in which the parcel	28317
or incentive district is located in the amount of the taxes that	28318
would have been payable to the school district if the improvements	28319
had not been exempted from taxation, the percentage of the	28320
improvement that may be exempted from taxation may exceed	28321
seventy-five per cent, and the exemption may be granted for up to	28322
thirty years, without the approval of the board of education as	28323
otherwise required under division (D)(2) of this section.	28324

(2) Improvements with respect to a parcel may be exempted	28325
from taxation under division (B) of this section, and improvements	28326
to parcels within an incentive district may be exempted from	28327
taxation under division (C) of this section, for up to ten years	28328
or, with the approval under this paragraph of the board of	28329
education of the city, local, or exempted village school district	28330
within which the parcel or district is located, for up to thirty	28331
years. The percentage of the improvement exempted from taxation	28332
may, with such approval, exceed seventy-five per cent, but shall	28333
not exceed one hundred per cent. Not later than forty-five	28334
business days prior to adopting an ordinance under this section	28335
declaring improvements to be a public purpose that is subject to	28336
approval by a board of education under this division, the	28337
legislative authority shall deliver to the board of education a	28338
notice stating its intent to adopt an ordinance making that	28339
declaration. The notice regarding improvements with respect to a	28340
parcel under division (B) of this section shall identify the	28341
parcels for which improvements are to be exempted from taxation,	28342
provide an estimate of the true value in money of the	28343
improvements, specify the period for which the improvements would	28344
be exempted from taxation and the percentage of the improvement	28345
that would be exempted, and indicate the date on which the	28346
legislative authority intends to adopt the ordinance. The notice	28347
regarding improvements to parcels within an incentive district	28348
under division (C) of this section shall delineate the boundaries	28349
of the district, specifically identify each parcel within the	28350
district, identify each anticipated improvement in the district,	28351
provide an estimate of the true value in money of each such	28352
improvement, specify the life of the district and the percentage	28353
of improvements that would be exempted, and indicate the date on	28354
which the legislative authority intends to adopt the ordinance.	28355
The board of education, by resolution adopted by a majority of the	28356
board, may approve the exemption for the period or for the	28357
exemption percentage specified in the notice; may disapprove the	28358
exemption for the number of years in excess of ten, may disapprove	28359
the exemption for the percentage of the improvement to be exempted	28360
in excess of seventy-five per cent, or both; or may approve the	28361
exemption on the condition that the legislative authority and the	28362
board negotiate an agreement providing for compensation to the	28363
school district equal in value to a percentage of the amount of	28364
taxes exempted in the eleventh and subsequent years of the	28365
exemption period or, in the case of exemption percentages in	28366
excess of seventy-five per cent, compensation equal in value to a	28367
percentage of the taxes that would be payable on the portion of	28368
the improvement in excess of seventy-five per cent were that	28369
portion to be subject to taxation, or other mutually agreeable	28370
compensation. If an agreement is negotiated between the	28371
legislative authority and the board to compensate the school	28372
district for all or part of the taxes exempted, including	28373
agreements for payments in lieu of taxes under section 5709.42 of	28374
the Revised Code, the legislative authority shall compensate the	28375
joint vocational school district within which the parcel or	28376
district is located at the same rate and under the same terms	28377
received by the city, local, or exempted village school district.	28378

(3) The board of education shall certify its resolution to	28379
the legislative authority not later than fourteen days prior to	28380
the date the legislative authority intends to adopt the ordinance	28381
as indicated in the notice. If the board of education and the	28382
legislative authority negotiate a mutually acceptable compensation	28383
agreement, the ordinance may declare the improvements a public	28384
purpose for the number of years specified in the ordinance or, in	28385
the case of exemption percentages in excess of seventy-five per	28386
cent, for the exemption percentage specified in the ordinance. In	28387
either case, if the board and the legislative authority fail to	28388
negotiate a mutually acceptable compensation agreement, the	28389
ordinance may declare the improvements a public purpose for not	28390
more than ten years, and shall not exempt more than seventy-five	28391
per cent of the improvements from taxation. If the board fails to	28392
certify a resolution to the legislative authority within the time	28393
prescribed by this division, the legislative authority thereupon	28394
may adopt the ordinance and may declare the improvements a public	28395
purpose for up to thirty years, or, in the case of exemption	28396
percentages proposed in excess of seventy-five per cent, for the	28397
exemption percentage specified in the ordinance. The legislative	28398
authority may adopt the ordinance at any time after the board of	28399
education certifies its resolution approving the exemption to the	28400
legislative authority, or, if the board approves the exemption on	28401
the condition that a mutually acceptable compensation agreement be	28402
negotiated, at any time after the compensation agreement is agreed	28403
to by the board and the legislative authority.	28404

(4) If a board of education has adopted a resolution waiving	28405
its right to approve exemptions from taxation under this section	28406
and the resolution remains in effect, approval of exemptions by	28407
the board is not required under division (D) of this section. If a	28408
board of education has adopted a resolution allowing a legislative	28409
authority to deliver the notice required under division (D) of	28410
this section fewer than forty-five business days prior to the	28411
legislative authority's adoption of the ordinance, the legislative	28412
authority shall deliver the notice to the board not later than the	28413
number of days prior to such adoption as prescribed by the board	28414
in its resolution. If a board of education adopts a resolution	28415
waiving its right to approve agreements or shortening the	28416
notification period, the board shall certify a copy of the	28417
resolution to the legislative authority. If the board of education	28418
rescinds such a resolution, it shall certify notice of the	28419
rescission to the legislative authority.	28420

(5) If the legislative authority is not required by division	28421
(D) of this section to notify the board of education of the	28422
legislative authority's intent to declare improvements to be a	28423
public purpose, the legislative authority shall comply with the	28424
notice requirements imposed under section 5709.83 of the Revised	28425
Code, unless the board has adopted a resolution under that section	28426
waiving its right to receive such a notice.	28427

(E)(1) If a proposed ordinance under division (C)(1) of this	28428
section exempts improvements with respect to a parcel within an	28429
incentive district for more than ten years, or the percentage of	28430
the improvement exempted from taxation exceeds seventy-five per	28431
cent, not later than forty-five business days prior to adopting	28432
the ordinance the legislative authority of the municipal	28433
corporation shall deliver to the board of county commissioners of	28434
the county within which the incentive district will be located a	28435
notice that states its intent to adopt an ordinance creating an	28436
incentive district. The notice shall include a copy of the	28437
proposed ordinance, identify the parcels for which improvements	28438
are to be exempted from taxation, provide an estimate of the true	28439
value in money of the improvements, specify the period of time for	28440
which the improvements would be exempted from taxation, specify	28441
the percentage of the improvements that would be exempted from	28442
taxation, and indicate the date on which the legislative authority	28443
intends to adopt the ordinance.	28444

(2) The board of county commissioners, by resolution adopted	28445
by a majority of the board, may object to the exemption for the	28446
number of years in excess of ten, may object to the exemption for	28447
the percentage of the improvement to be exempted in excess of	28448
seventy-five per cent, or both. If the board of county	28449
commissioners objects, the board may negotiate a mutually	28450
acceptable compensation agreement with the legislative authority.	28451
In no case shall the compensation provided to the board exceed the	28452
property taxes forgone due to the exemption. If the board of	28453
county commissioners objects, and the board and legislative	28454
authority fail to negotiate a mutually acceptable compensation	28455
agreement, the ordinance adopted under division (C)(1) of this	28456
section shall provide to the board compensation in the eleventh	28457
and subsequent years of the exemption period equal in value to not	28458
more than fifty per cent of the taxes that would be payable to the	28459
county or, if the board's objection includes an objection to an	28460
exemption percentage in excess of seventy-five per cent,	28461
compensation equal in value to not more than fifty per cent of the	28462
taxes that would be payable to the county, on the portion of the	28463
improvement in excess of seventy-five per cent, were that portion	28464
to be subject to taxation. The board of county commissioners shall	28465
certify its resolution to the legislative authority not later than	28466
thirty days after receipt of the notice.	28467

(3) If the board of county commissioners does not object or	28468
fails to certify its resolution objecting to an exemption within	28469
thirty days after receipt of the notice, the legislative authority	28470
may adopt the ordinance, and no compensation shall be provided to	28471
the board of county commissioners. If the board timely certifies	28472
its resolution objecting to the ordinance, the legislative	28473
authority may adopt the ordinance at any time after a mutually	28474
acceptable compensation agreement is agreed to by the board and	28475
the legislative authority, or, if no compensation agreement is	28476
negotiated, at any time after the legislative authority agrees in	28477
the proposed ordinance to provide compensation to the board of	28478
fifty per cent of the taxes that would be payable to the county in	28479
the eleventh and subsequent years of the exemption period or on	28480
the portion of the improvement in excess of seventy-five per cent,	28481
were that portion to be subject to taxation.	28482

(F) Service payments in lieu of taxes that are attributable	28483
to any amount by which the effective tax rate of either a renewal	28484
levy with an increase or a replacement levy exceeds the effective	28485
tax rate of the levy renewed or replaced, or that are attributable	28486
to an additional levy, for a levy authorized by the voters for any	28487
of the following purposes on or after January 1, 2006, and which	28488
are provided pursuant to an ordinance creating an incentive	28489
district under division (C)(1) of this section that is adopted on	28490
or after January 1, 2006, shall be distributed to the appropriate	28491
taxing authority as required under division (C) of section 5709.42	28492
of the Revised Code in an amount equal to the amount of taxes from	28493
that additional levy or from the increase in the effective tax	28494
rate of such renewal or replacement levy that would have been	28495
payable to that taxing authority from the following levies were it	28496
not for the exemption authorized under division (C) of this	28497
section:	28498

(1) A tax levied under division (L) of section 5705.19 or	28499
section 5705.191 of the Revised Code for community mental	28500
retardation and developmental disabilities programs and services	28501
pursuant to Chapter 5126. of the Revised Code;	28502

(2) A tax levied under division (Y) of section 5705.19 of the	28503
Revised Code for providing or maintaining senior citizens services	28504
or facilities;	28505

(3) A tax levied under section 5705.22 of the Revised Code	28506
for county hospitals;	28507

(4) A tax levied by a joint-county district or by a county	28508
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	28509
for alcohol, drug addiction, and mental health services or	28510
facilities;	28511

(5) A tax levied under section 5705.23 of the Revised Code	28512
for library purposes;	28513

(6) A tax levied under section 5705.24 of the Revised Code	28514
for the support of children services and the placement and care of	28515
children;	28516

(7) A tax levied under division (Z) of section 5705.19 of the	28517
Revised Code for the provision and maintenance of zoological park	28518
services and facilities under section 307.76 of the Revised Code;	28519

(8) A tax levied under section 511.27 or division (H) of	28520
section 5705.19 of the Revised Code for the support of township	28521
park districts;	28522

(9) A tax levied under division (A), (F), or (H) of section	28523
5705.19 of the Revised Code for parks and recreational purposes of	28524
a joint recreation district organized pursuant to division (B) of	28525
section 755.14 of the Revised Code;	28526

(10) A tax levied under section 1545.20 or 1545.21 of the	28527
Revised Code for park district purposes;	28528

(11) A tax levied under section 5705.191 of the Revised Code	28529
for the purpose of making appropriations for public assistance;	28530
human or social services; public relief; public welfare; public	28531
health and hospitalization; and support of general hospitals;	28532

(12) A tax levied under section 3709.29 of the Revised Code	28533
for a general health district program.	28534

(G) An exemption from taxation granted under this section	28535
commences with the tax year specified in the ordinance so long as	28536
the year specified in the ordinance commences after the effective	28537
date of the ordinance. If the ordinance specifies a year	28538
commencing before the effective date of the resolution or	28539
specifies no year whatsoever, the exemption commences with the tax	28540
year in which an exempted improvement first appears on the tax	28541
list and duplicate of real and public utility property and that	28542
commences after the effective date of the ordinance. In lieu of	28543
stating a specific year, the ordinance may provide that the	28544
exemption commences in the tax year in which the value of an	28545
improvement exceeds a specified amount or in which the	28546
construction of one or more improvements is completed, provided	28547
that such tax year commences after the effective date of the	28548
ordinance. With respect to the exemption of improvements to	28549
parcels under division (B) of this section, the ordinance may	28550
allow for the exemption to commence in different tax years on a	28551
parcel-by-parcel basis, with a separate exemption term specified	28552
for each parcel.	28553

Except as otherwise provided in this division, the exemption	28554
ends on the date specified in the ordinance as the date the	28555
improvement ceases to be a public purpose or the incentive	28556
district expires, or ends on the date on which the public	28557
infrastructure improvements and housing renovations are paid in	28558
full from the municipal public improvement tax increment	28559
equivalent fund established under division (A) of section 5709.43	28560
of the Revised Code, whichever occurs first. The exemption of an	28561
improvement with respect to a parcel or within an incentive	28562
district may end on a later date, as specified in the ordinance,	28563
if the legislative authority and the board of education of the	28564
city, local, or exempted village school district within which the	28565
parcel or district is located have entered into a compensation	28566
agreement under section 5709.82 of the Revised Code with respect	28567
to the improvement, and the board of education has approved the	28568
term of the exemption under division (D)(2) of this section, but	28569
in no case shall the improvement be exempted from taxation for	28570
more than thirty years. Exemptions shall be claimed and allowed in	28571
the same manner as in the case of other real property exemptions.	28572
If an exemption status changes during a year, the procedure for	28573
the apportionment of the taxes for that year is the same as in the	28574
case of other changes in tax exemption status during the year.	28575

(H) Additional municipal financing of public infrastructure	28576
improvements and housing renovations may be provided by any	28577
methods that the municipal corporation may otherwise use for	28578
financing such improvements or renovations. If the municipal	28579
corporation issues bonds or notes to finance the public	28580
infrastructure improvements and housing renovations and pledges	28581
money from the municipal public improvement tax increment	28582
equivalent fund to pay the interest on and principal of the bonds	28583
or notes, the bonds or notes are not subject to Chapter 133. of	28584
the Revised Code.	28585

(I) The municipal corporation, not later than fifteen days	28586
after the adoption of an ordinance under this section, shall	28587
submit to the director of development services a copy of the	28588
ordinance. On or before the thirty-first day of March of each	28589
year, the municipal corporation shall submit a status report to	28590
the director of development services. The report shall indicate,	28591
in the manner prescribed by the director, the progress of the	28592
project during each year that an exemption remains in effect,	28593
including a summary of the receipts from service payments in lieu	28594
of taxes; expenditures of money from the funds created under	28595
section 5709.43 of the Revised Code; a description of the public	28596
infrastructure improvements and housing renovations financed with	28597
such expenditures; and a quantitative summary of changes in	28598
employment and private investment resulting from each project.	28599

(J) Nothing in this section shall be construed to prohibit a	28600
legislative authority from declaring to be a public purpose	28601
improvements with respect to more than one parcel.	28602

(K) If a parcel is located in a new community district in	28603
which the new community authority imposes a community development	28604
charge on the basis of rentals received from leases of real	28605
property as described in division (L)(2) of section 349.01 of the	28606
Revised Code, the parcel may not be exempted from taxation under	28607
this section.	28608

Sec. 5713.012. (A) For purposes of this section:

28609

(1) "Mass appraisal project" means any sexennial reappraisal,	28610
triennial update, or other revaluation of all real property or the	28611
valuation of newly constructed real property in accordance with	28612
section 5713.01 of the Revised Code.	28613

(2) "Qualified project manager" means a person who plans,	28614
manages, coordinates, and controls the execution of a mass	28615
appraisal project under the direction of the county auditor and	28616
who has all of the following qualifications:	28617

(a) Has passed a comprehensive final examination that	28618
corresponds to a course, approved by the superintendent of real	28619
estate and professional licensing, that consists of at least	28620
thirty hours of instruction, quizzes, and learning aids. The	28621
superintendent shall not approve a course under this division that	28622
does not address the following topics in both the instruction and	28623
the examination:	28624

(i) Concepts and principles of mass appraisal as they relate	28625
to the assessment of real property for the purposes of ad valorem	28626
taxation;	28627

(ii) Methods of data collection and data management relative	28628
to parcels of real property, including modern alternative data	28629
collection methods and currently utilized computer-assisted mass	28630
appraisal systems;	28631

(iii) Assessment sales-ratio study including various measures	28632
of central tendency, the various measures of dispersion of data	28633
about the mean, median, and dollar-weighted mean, and the	28634
advantages and disadvantages of various analysis techniques;	28635

(iv) Traditional approaches of property valuation, including	28636
the cost approach, the sales comparison approach, and the income	28637
approach, as they are implemented in a mass appraisal project;	28638

(v) Methods and systems for model building and model	28639
calibration as related to mass appraisal of real property;	28640

(vi) Methods of production management and project analysis	28641
such as Gantt charts, program evaluation and review technique	28642
(PERT) charts, frequency distribution charts, line graphs, bar	28643
charts, and scatter diagrams, as they are utilized in the mass	28644
appraisal area.	28645

(b) Has completed at least seven hours of continuing	28646
education courses in mass appraisal during the two-year period	28647
immediately succeeding the year in which the person passed the	28648
examination required in division (A)(2)(a) of this section, and	28649
during each two-year period thereafter.	28650

(B)(1) The county auditor, in acting as the assessor of all	28651
real property in the auditor's county for taxation purposes in	28652
accordance with section 5713.01 of the Revised Code, shall involve	28653
at least one qualified project manager in each mass ~~assessment~~	28654
appraisal project that originates more than two years after the	28655
effective date of the enactment of this section by H.B. 487 of the	28656
129th general assembly, September 10, 2012.	28657

(2) The tax commissioner, beginning two years after the	28658
effective date of the enactment of this section by H.B. 487 of the	28659
129th general assembly, September 10, 2012, shall not approve any	28660
contract entered into by the auditor under division (E) of section	28661
5713.01 of the Revised Code, with a person to do all or any part	28662
of the work necessary to the performance of the auditor's duties	28663
as assessor unless that person designates an officer or employee	28664
of that person, with the appropriate credentials, to act as a	28665
qualified project manager.	28666

(3) The tax commissioner, beginning two years after the	28667
effective date of the enactment of this section by H.B. 487 of the	28668
129th general assembly, September 10, 2012, shall not include any	28669
person that has not designated an officer or employee, with the	28670
appropriate credentials, to act as a qualified project manager on	28671
a list generated by the commissioner for either of the following	28672
purposes:	28673

(a) To assist county auditors in selecting a person to do all	28674
or any part of the work necessary to the performance of the	28675
auditor's duties as assessor of all real property under section	28676
5713.01 of the Revised Code;	28677

(b) To assist the commissioner in the consideration of	28678
whether to approve or disapprove the auditor's application	28679
requesting authority to employ an appraisal firm or individual	28680
appraiser.	28681

(C) The superintendent of real estate and professional	28682
licensing shall adopt reasonable rules in accordance with Chapter	28683
119. of the Revised Code necessary for the implementation of this	28684
section, including rules establishing both of the following:	28685

(1) The form and manner by which persons may apply to the	28686
superintendent to offer a thirty-hour course or continuing	28687
education course as described in division (A)(2) of this section;	28688

(2) Standards to be used by the superintendent in approving a	28689
thirty-hour course or continuing education course described in	28690
division (A)(2) of this section.	28691

Sec. 5713.08. (A)(1) The county auditor shall make a list of	28692
all real and personal property in the auditor's county that is	28693
exempted from taxation. Such list shall show the name of the	28694
owner, the value of the property exempted, and a statement in	28695
brief form of the ground on which such exemption has been granted.	28696
It shall be corrected annually by adding thereto the items of	28697
property which have been exempted during the year, and by striking	28698
therefrom the items which in the opinion of the auditor have lost	28699
their right of exemption and which have been reentered on the	28700
taxable list, but no property shall be struck from the exempt	28701
property list solely ~~because the~~for any of the following reasons:	28702

(a) The property has been conveyed to a single member limited	28703
liability company with a nonprofit purpose from its nonprofit	28704
member ~~or because the~~;	28705

(b) The property has been conveyed by a single member limited	28706
liability company with a nonprofit purpose to its nonprofit	28707
member;	28708

(c) The property has been conveyed to a qualifying limited	28709
liability company and the property is considered as used	28710
exclusively for charitable or public purposes under division (C)	28711
of section 5709.121 of the Revised Code. As used in divisions	28712
(A)(1)(c) and (d) of this section, "qualifying limited liability	28713
company" has the same meaning as in division (C) of section	28714
5709.121 of the Revised Code.	28715

(d) The property described in division (A)(1)(c) of this	28716
section has been conveyed by the qualifying limited liability	28717
company to the sole managing member of that qualifying limited	28718
liability company. No	28719

No additions shall be made to such exempt lists and no	28720
additional items of property shall be exempted from taxation	28721
without the consent of the tax commissioner as is provided for in	28722
section 5715.27 of the Revised Code or without the consent of the	28723
housing officer under section 3735.67 of the Revised Code, except	28724
for property exempted by the auditor under that section or	28725
qualifying agricultural real property, as defined in section	28726
5709.28 of the Revised Code, that is enrolled in an agriculture	28727
security area that is exempt under that section. The commissioner	28728
may revise at any time the list in every county so that no	28729
property is improperly or illegally exempted from taxation. The	28730
auditor shall follow the orders of the commissioner given under	28731
this section. An abstract of such list shall be filed annually	28732
with the commissioner, on a form approved by the commissioner, and	28733
a copy thereof shall be kept on file in the office of each auditor	28734
for public inspection.	28735

(2) An application for exemption of property shall include a	28736
certificate executed by the county treasurer certifying one of the	28737
following:	28738

~~(1)~~(a) That all taxes, interest, and penalties levied and	28739
assessed against the property sought to be exempted have been paid	28740
in full for all of the tax years preceding the tax year for which	28741
the application for exemption is filed, except for such taxes,	28742
interest, and penalties that may be remitted under division (C) of	28743
this section;	28744

~~(2)~~(b) That the applicant has entered into a valid delinquent	28745
tax contract with the county treasurer pursuant to division (A) of	28746
section 323.31 of the Revised Code to pay all of the delinquent	28747
taxes, interest, and penalties charged against the property,	28748
except for such taxes, interest, and penalties that may be	28749
remitted under division (C) of this section. If the auditor	28750
receives notice under section 323.31 of the Revised Code that such	28751
a written delinquent tax contract has become void, the auditor	28752
shall strike such property from the list of exempted property and	28753
reenter such property on the taxable list. If property is removed	28754
from the exempt list because a written delinquent tax contract has	28755
become void, current taxes shall first be extended against that	28756
property on the general tax list and duplicate of real and public	28757
utility property for the tax year in which the auditor receives	28758
the notice required by division (A) of section 323.31 of the	28759
Revised Code that the delinquent tax contract has become void or,	28760
if that notice is not timely made, for the tax year in which falls	28761
the latest date by which the treasurer is required by such section	28762
to give such notice. A county auditor shall not remove from any	28763
tax list and duplicate the amount of any unpaid delinquent taxes,	28764
assessments, interest, or penalties owed on property that is	28765
placed on the exempt list pursuant to this division.	28766

~~(3)~~(c) That a tax certificate has been issued under section	28767
5721.32 or 5721.33 of the Revised Code with respect to the	28768
property that is the subject of the application, and the tax	28769
certificate is outstanding.	28770

(B) If the treasurer's certificate is not included with the	28771
application or the certificate reflects unpaid taxes, penalties,	28772
and interest that may not be remitted, the tax commissioner or	28773
county auditor with whom the application was filed shall notify	28774
the property owner of that fact, and the applicant shall be given	28775
sixty days from the date that notification was mailed in which to	28776
provide the tax commissioner or county auditor with a corrected	28777
treasurer's certificate. If a corrected treasurer's certificate is	28778
not received within the time permitted, the tax commissioner or	28779
county auditor does not have authority to consider the tax	28780
exemption application.	28781

(C) Any taxes, interest, and penalties which have become a	28782
lien after the property was first used for the exempt purpose, but	28783
in no case prior to the date of acquisition of the title to the	28784
property by the applicant, may be remitted by the commissioner or	28785
county auditor, except as is provided in division (A) of section	28786
5713.081 of the Revised Code.	28787

(D) Real property acquired by the state in fee simple is	28788
exempt from taxation from the date of acquisition of title or date	28789
of possession, whichever is the earlier date, provided that all	28790
taxes, interest, and penalties as provided in the apportionment	28791
provisions of section 319.20 of the Revised Code have been paid to	28792
the date of acquisition of title or date of possession by the	28793
state, whichever is earlier. The proportionate amount of taxes	28794
that are a lien but not yet determined, assessed, and levied for	28795
the year in which the property is acquired, shall be remitted by	28796
the county auditor for the balance of the year from date of	28797
acquisition of title or date of possession, whichever is earlier.	28798
This section shall not be construed to authorize the exemption of	28799
such property from taxation or the remission of taxes, interest,	28800
and penalties thereon until all private use has terminated.	28801

Sec. 5715.19. (A) As used in this section, "member" has the	28802
same meaning as in section 1705.01 of the Revised Code.	28803

(1) Subject to division (A)(2) of this section, a complaint	28804
against any of the following determinations for the current tax	28805
year shall be filed with the county auditor on or before the	28806
thirty-first day of March of the ensuing tax year or the date of	28807
closing of the collection for the first half of real and public	28808
utility property taxes for the current tax year, whichever is	28809
later:	28810

(a) Any classification made under section 5713.041 of the	28811
Revised Code;	28812

(b) Any determination made under section 5713.32 or 5713.35	28813
of the Revised Code;	28814

(c) Any recoupment charge levied under section 5713.35 of the	28815
Revised Code;	28816

(d) The determination of the total valuation or assessment of	28817
any parcel that appears on the tax list, except parcels assessed	28818
by the tax commissioner pursuant to section 5727.06 of the Revised	28819
Code;	28820

(e) The determination of the total valuation of any parcel	28821
that appears on the agricultural land tax list, except parcels	28822
assessed by the tax commissioner pursuant to section 5727.06 of	28823
the Revised Code;	28824

(f) Any determination made under division (A) of section	28825
319.302 of the Revised Code.	28826

If such a complaint is filed by mail or certified mail, the	28827
date of the United States postmark placed on the envelope or	28828
sender's receipt by the postal service shall be treated as the	28829
date of filing. A private meter postmark on an envelope is not a	28830
valid postmark for purposes of establishing the filing date.	28831

Any person owning taxable real property in the county or in a	28832
taxing district with territory in the county; such a person's	28833
spouse; an individual who is retained by such a person and who	28834
holds a designation from a professional assessment organization,	28835
such as the institute for professionals in taxation, the national	28836
council of property taxation, or the international association of	28837
assessing officers; a public accountant who holds a permit under	28838
section 4701.10 of the Revised Code, a general or residential real	28839
estate appraiser licensed or certified under Chapter 4763. of the	28840
Revised Code, or a real estate broker licensed under Chapter 4735.	28841
of the Revised Code, who is retained by such a person; if the	28842
person is a firm, company, association, partnership, limited	28843
liability company, or corporation, an officer, a salaried	28844
employee, a partner, or a member of that person; or, if the person	28845
is a trust, a trustee of the trust~~; the board of county~~	28846
~~commissioners; the prosecuting attorney or treasurer of the~~	28847
~~county; the board of township trustees of any township with~~	28848
~~territory within the county; the board of education of any school~~	28849
~~district with any territory in the county; or the mayor or~~	28850
~~legislative authority of any municipal corporation with any~~	28851
~~territory in the county~~ may file such a complaint regarding any	28852
such determination affecting ~~any~~ real property owned by the person	28853
in the county~~, except that a person owning taxable real property~~	28854
~~in another county may file such a complaint only with regard to~~	28855
~~any such determination affecting real property in the county that~~	28856
~~is located in the same taxing district as that person's real~~	28857
~~property is located~~. A county recorder may, at the recorder's	28858
discretion, file such a complaint regarding any such determination	28859
affecting any real property in the county. No person, board,	28860
officer, or other entity may compel a county recorder to file such	28861
a complaint. The board of county commissioners, the prosecuting	28862
attorney or treasurer of the county, the board of township	28863
trustees of any township with territory within the county, the	28864
board of education of any school district with any territory in	28865
the county, or the mayor or legislative authority of any municipal	28866
corporation with any territory in the county may file such a	28867
complaint only as a counterclaim to a complaint filed by the	28868
property owner, the property owner's spouse, or an individual	28869
retained by the property owner or the property owner's spouse who	28870
is authorized to file a complaint under this section. The county	28871
auditor shall present to the county board of revision all	28872
complaints filed with the auditor.	28873

(2) As used in division (A)(2) of this section, "interim	28874
period" means, for each county, the tax year to which section	28875
5715.24 of the Revised Code applies and each subsequent tax year	28876
until the tax year in which that section applies again.	28877

No person, board, or officer shall file a complaint against	28878
the valuation or assessment of any parcel that appears on the tax	28879
list if itthe person, board, or officer filed a complaint against	28880
the valuation or assessment of that parcel for any prior tax year	28881
in the same interim period, unless the person, board, or officer	28882
alleges that the valuation or assessment should be changed due to	28883
one or more of the following circumstances that occurred after the	28884
tax lien date for the tax year for which the prior complaint was	28885
filed and that the circumstances were not taken into consideration	28886
with respect to the prior complaint:	28887

(a) The property was sold in an arm's length transaction, as	28888
described in section 5713.03 of the Revised Code;	28889

(b) The property lost value due to some casualty;

28890

28891

(d) An increase or decrease of at least fifteen per cent in	28892
the property's occupancy has had a substantial economic impact on	28893
the property.	28894

(3) If a county board of revision, the board of tax appeals,	28895
or any court dismisses a complaint filed under this section or	28896
section 5715.13 of the Revised Code for the reason that the act of	28897
filing the complaint was the unauthorized practice of law or the	28898
person filing the complaint was engaged in the unauthorized	28899
practice of law, the party affected by a decrease in valuation or	28900
the party's agent, or the person owning taxable real property in	28901
the county or in a taxing district with territory in the county,	28902
may refile the complaint, notwithstanding division (A)(2) of this	28903
section.	28904

(4) Notwithstanding division (A)(2) of this section, a	28905
person, board, or officer ~~may~~authorized by division (A)(1) of	28906
this section to file a complaint against the valuation or	28907
assessment of ~~any~~a parcel that appears on the tax list may file	28908
such a complaint if itthe person, board, or officer filed a	28909
complaint against the valuation or assessment of that parcel for	28910
any prior tax year in the same interim period ~~if the person,~~	28911
~~board, or officer~~but withdrew the complaint before the complaint	28912
was heard by the board of revision.	28913

(B) Within thirty days after the last date such complaints	28914
may be filed, the auditor shall give notice of each complaint in	28915
which the stated amount of overvaluation, undervaluation,	28916
discriminatory valuation, illegal valuation, or incorrect	28917
determination is at least seventeen thousand five hundred dollars	28918
to each property owner whose property is the subject of the	28919
complaint, if the complaint was not filed by the owner or the	28920
owner's spouse, and to each board of education whose school	28921
district may be affected by the complaint. Within thirty days	28922
after receiving such notice, a board of education; a property	28923
owner; the owner's spouse; an individual who is retained by such	28924
an owner and who holds a designation from a professional	28925
assessment organization, such as the institute for professionals	28926
in taxation, the national council of property taxation, or the	28927
international association of assessing officers; a public	28928
accountant who holds a permit under section 4701.10 of the Revised	28929
Code, a general or residential real estate appraiser licensed or	28930
certified under Chapter 4763. of the Revised Code, or a real	28931
estate broker licensed under Chapter 4735. of the Revised Code,	28932
who is retained by such a person; or, if the property owner is a	28933
firm, company, association, partnership, limited liability	28934
company, corporation, or trust, an officer, a salaried employee, a	28935
partner, a member, or trustee of that property owner, may file a	28936
complaint in support of or objecting to the amount of alleged	28937
overvaluation, undervaluation, discriminatory valuation, illegal	28938
valuation, or incorrect determination stated in a previously filed	28939
complaint or objecting to the current valuation. Upon the filing	28940
of a complaint under this division, the board of education or the	28941
property owner shall be made a party to the action.	28942

(C) Each board of revision shall notify any complainant and	28943
also the property owner, if the property owner's address is known,	28944
when a complaint is filed by one other than the property owner, by	28945
certified mail, not less than ten days prior to the hearing, of	28946
the time and place the same will be heard. The board of revision	28947
shall hear and render its decision on a complaint within ninety	28948
days after the filing thereof with the board, except that if a	28949
complaint is filed within thirty days after receiving notice from	28950
the auditor as provided in division (B) of this section, the board	28951
shall hear and render its decision within ninety days after such	28952
filing.	28953

(D) The determination of any such complaint shall relate back	28954
to the date when the lien for taxes or recoupment charges for the	28955
current year attached or the date as of which liability for such	28956
year was determined. Liability for taxes and recoupment charges	28957
for such year and each succeeding year until the complaint is	28958
finally determined and for any penalty and interest for nonpayment	28959
thereof within the time required by law shall be based upon the	28960
determination, valuation, or assessment as finally determined.	28961
Each complaint shall state the amount of overvaluation,	28962
undervaluation, discriminatory valuation, illegal valuation, or	28963
incorrect classification or determination upon which the complaint	28964
is based. The treasurer shall accept any amount tendered as taxes	28965
or recoupment charge upon property concerning which a complaint is	28966
then pending, computed upon the claimed valuation as set forth in	28967
the complaint. If a complaint filed under this section for the	28968
current year is not determined by the board within the time	28969
prescribed for such determination, the complaint and any	28970
proceedings in relation thereto shall be continued by the board as	28971
a valid complaint for any ensuing year until such complaint is	28972
finally determined by the board or upon any appeal from a decision	28973
of the board. In such case, the original complaint shall continue	28974
in effect without further filing by the ~~original taxpayer, the~~	28975
~~original taxpayer's assignee, or any other person or entity~~	28976
~~authorized to file a complaint under this section~~parties to the	28977
action.	28978

(E) If a taxpayer files a complaint ~~as to the classification,~~	28979
~~valuation, assessment, or any determination affecting the~~	28980
~~taxpayer's own property~~under this section and tenders less than	28981
the full amount of taxes or recoupment charges as finally	28982
determined, an interest charge shall accrue as follows:	28983

(1) If the amount finally determined is less than the amount	28984
billed but more than the amount tendered, the taxpayer shall pay	28985
interest at the rate per annum prescribed by section 5703.47 of	28986
the Revised Code, computed from the date that the taxes were due	28987
on the difference between the amount finally determined and the	28988
amount tendered. This interest charge shall be in lieu of any	28989
penalty or interest charge under section 323.121 of the Revised	28990
Code unless the taxpayer failed to file a complaint and tender an	28991
amount as taxes or recoupment charges within the time required by	28992
this section, in which case section 323.121 of the Revised Code	28993
applies.	28994

(2) If the amount of taxes finally determined is equal to or	28995
greater than the amount billed and more than the amount tendered,	28996
the taxpayer shall pay interest at the rate prescribed by section	28997
5703.47 of the Revised Code from the date the taxes were due on	28998
the difference between the amount finally determined and the	28999
amount tendered, such interest to be in lieu of any interest	29000
charge but in addition to any penalty prescribed by section	29001
323.121 of the Revised Code.	29002

(F) Upon request of a complainant, the tax commissioner shall	29003
determine the common level of assessment of real property in the	29004
county for the year stated in the request that is not valued under	29005
section 5713.31 of the Revised Code, which common level of	29006
assessment shall be expressed as a percentage of true value and	29007
the common level of assessment of lands valued under such section,	29008
which common level of assessment shall also be expressed as a	29009
percentage of the current agricultural use value of such lands.	29010
Such determination shall be made on the basis of the most recent	29011
available sales ratio studies of the commissioner and such other	29012
factual data as the commissioner deems pertinent.	29013

(G) A complainant shall provide to the board of revision all	29014
information or evidence within the complainant's knowledge or	29015
possession that affects the real property that is the subject of	29016
the complaint. A complainant who fails to provide such information	29017
or evidence is precluded from introducing it on appeal to the	29018
board of tax appeals or the court of common pleas, except that the	29019
board of tax appeals or court may admit and consider the evidence	29020
if the complainant shows good cause for the complainant's failure	29021
to provide the information or evidence to the board of revision.	29022

(H) In case of the pendency of any proceeding in court based	29023
upon an alleged excessive, discriminatory, or illegal valuation or	29024
incorrect classification or determination, the taxpayer may tender	29025
to the treasurer an amount as taxes upon property computed upon	29026
the claimed valuation as set forth in the complaint to the court.	29027
The treasurer may accept the tender. If the tender is not	29028
accepted, no penalty shall be assessed because of the nonpayment	29029
of the full taxes assessed.	29030

Sec. 5715.27. (A)(1) Except as provided in division (A)(2)	29031
of this section and in section 3735.67 of the Revised Code, the	29032
owner, a vendee in possession under a purchase agreement or a land	29033
contract, the beneficiary of a trust, or a lessee for an initial	29034
term of not less than thirty years of any property may file an	29035
application with the tax commissioner, on forms prescribed by the	29036
commissioner, requesting that such property be exempted from	29037
taxation and that taxes, interest, and penalties be remitted as	29038
provided in division (C) of section 5713.08 of the Revised Code.	29039

(2) If the property that is the subject of the application	29040
for exemption is any of the following, the application shall be	29041
filed with the county auditor of the county in which the property	29042
is listed for taxation:	29043

(a) A public road or highway;

29044

(b) Property belonging to the federal government of the	29045
United States;	29046

(c) Additions or other improvements to an existing building	29047
or structure that belongs to the state or a political subdivision,	29048
as defined in section 5713.081 of the Revised Code, and that is	29049
exempted from taxation as property used exclusively for a public	29050
purpose;	29051

(d) Property of the boards of trustees and of the housing	29052
commissions of the state universities, the northeastern Ohio	29053
universities college of medicine, and of the state to be exempted	29054
under section 3345.17 of the Revised Code.	29055

(B) The board of education of any school district may request	29056
the tax commissioner or county auditor to provide it with	29057
notification of applications for exemption from taxation for	29058
property located within that district. If so requested, the	29059
commissioner or auditor shall send to the board on a monthly basis	29060
reports that contain sufficient information to enable the board to	29061
identify each property that is the subject of an exemption	29062
application, including, but not limited to, the name of the	29063
property owner or applicant, the address of the property, and the	29064
auditor's parcel number. The commissioner or auditor shall mail	29065
the reports by the fifteenth day of the month following the end of	29066
the month in which the commissioner or auditor receives the	29067
applications for exemption.	29068

(C) A board of education that has requested notification	29069
under division (B) of this section may, with respect to any	29070
application for exemption of property located in the district and	29071
included in the commissioner's or auditor's most recent report	29072
provided under that division, file a statement with the	29073
commissioner or auditor and with the applicant indicating its	29074
intent to submit evidence and participate in any hearing on the	29075
application. The statements shall be filed prior to the first day	29076
of the third month following the end of the month in which that	29077
application was docketed by the commissioner or auditor. A	29078
statement filed in compliance with this division entitles the	29079
district to submit evidence and to participate in any hearing on	29080
the property and makes the district a party for purposes of	29081
sections 5717.02 to 5717.04 of the Revised Code in any appeal of	29082
the commissioner's or auditor's decision to the board of tax	29083
appeals.	29084

(D) The commissioner or auditor shall not hold a hearing on	29085
or grant or deny an application for exemption of property in a	29086
school district whose board of education has requested	29087
notification under division (B) of this section until the end of	29088
the period within which the board may submit a statement with	29089
respect to that application under division (C) of this section.	29090
The commissioner or auditor may act upon an application at any	29091
time prior to that date upon receipt of a written waiver from each	29092
such board of education, or, in the case of exemptions authorized	29093
by section 725.02, 1728.10, 5709.40, 5709.41, 5709.411, 5709.62,	29094
5709.63, 5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the	29095
Revised Code, upon the request of the property owner. Failure of a	29096
board of education to receive the report required in division (B)	29097
of this section shall not void an action of the commissioner or	29098
auditor with respect to any application. The commissioner or	29099
auditor may extend the time for filing a statement under division	29100
(C) of this section.	29101

(E) ~~A complaint may also be filed with the commissioner or~~	29102
~~auditor by any~~Any person, board, or officer authorized by section	29103
5715.19 of the Revised Code to file complaints or counterclaims to	29104
complaints with the county board of revision may file a complaint	29105
with the commissioner or auditor against the continued exemption	29106
of any property granted exemption by the commissioner or auditor	29107
under this section.	29108

(F) An application for exemption and a complaint against	29109
exemption shall be filed prior to the thirty-first day of December	29110
of the tax year for which exemption is requested or for which the	29111
liability of the property to taxation in that year is requested.	29112
The commissioner or auditor shall consider such application or	29113
complaint in accordance with procedures established by the	29114
commissioner, determine whether the property is subject to	29115
taxation or exempt therefrom, and, if the commissioner makes the	29116
determination, certify the determination to the auditor. Upon	29117
making the determination or receiving the commissioner's	29118
determination, the auditor shall correct the tax list and	29119
duplicate accordingly. If a tax certificate has been sold under	29120
section 5721.32 or 5721.33 of the Revised Code with respect to	29121
property for which an exemption has been requested, the tax	29122
commissioner or auditor shall also certify the findings to the	29123
county treasurer of the county in which the property is located.	29124

(G) Applications and complaints, and documents of any kind	29125
related to applications and complaints, filed with the tax	29126
commissioner or county auditor under this section are public	29127
records within the meaning of section 149.43 of the Revised Code.	29128

(H) If the commissioner or auditor determines that the use of	29129
property or other facts relevant to the taxability of property	29130
that is the subject of an application for exemption or a complaint	29131
under this section has changed while the application or complaint	29132
was pending, the commissioner or auditor may make the	29133
determination under division (F) of this section separately for	29134
each tax year beginning with the year in which the application or	29135
complaint was filed or the year for which remission of taxes under	29136
division (C) of section 5713.08 of the Revised Code was requested,	29137
and including each subsequent tax year during which the	29138
application or complaint is pending before the commissioner or	29139
auditor.	29140

Sec. 5717.01. An appeal from a decision of a county board of	29141
revision may be taken to the board of tax appeals within thirty	29142
days after notice of the decision of the county board of revision	29143
is mailed as provided in division (A) of section 5715.20 of the	29144
Revised Code. Such an appeal may be taken by the county auditor,	29145
the tax commissioner, or any board, legislative authority, public	29146
official, or taxpayer authorized by section 5715.19 of the Revised	29147
Code to file complaints or counterclaims to complaints against	29148
valuations or assessments with the auditor. Such appeal shall be	29149
taken by the filing of a notice of appeal, in person or by	29150
certified mail, express mail, facsimile transmission, electronic	29151
transmission, or by authorized delivery service, with the board of	29152
tax appeals and with the county board of revision. If notice of	29153
appeal is filed by certified mail, express mail, or authorized	29154
delivery service as provided in section 5703.056 of the Revised	29155
Code, the date of the United States postmark placed on the	29156
sender's receipt by the postal service or the date of receipt	29157
recorded by the authorized delivery service shall be treated as	29158
the date of filing. If notice of appeal is filed by facsimile	29159
transmission or electronic transmission, the date and time the	29160
notice is received by the board shall be the date and time	29161
reflected on a timestamp provided by the board's electronic	29162
system, and the appeal shall be considered filed with the board on	29163
the date reflected on that timestamp. Any timestamp provided by	29164
another computer system or electronic submission device shall not	29165
affect the time and date the notice is received by the board. Upon	29166
receipt of such notice of appeal such county board of revision	29167
shall by certified mail notify all persons thereof who were	29168
parties to the proceeding before such county board of revision,	29169
and shall file proof of such notice with the board of tax appeals.	29170
The county board of revision shall thereupon certify to the board	29171
of tax appeals a transcript of the record of the proceedings of	29172
the county board of revision pertaining to the original complaint,	29173
and all evidence offered in connection therewith. Such appeal may	29174
be heard by the board of tax appeals at its offices in Columbus or	29175
in the county where the property is listed for taxation, or the	29176
board of tax appeals may cause its examiners to conduct such	29177
hearing and to report to it their findings for affirmation or	29178
rejection. An appeal may proceed pursuant to section 5703.021 of	29179
the Revised Code on the small claims docket if the appeal	29180
qualifies under that section.	29181

The board of tax appeals may order the appeal to be heard on	29182
the record and the evidence certified to it by the county board of	29183
revision, or it may order the hearing of additional evidence, and	29184
it may make such investigation concerning the appeal as it deems	29185
proper.	29186

Sec. 5727.111. The taxable property of each public utility,	29187
except a railroad company, and of each interexchange	29188
telecommunications company shall be assessed at the following	29189
percentages of true value:	29190

(A) In the case of a rural electric company, fifty per cent	29191
in the case of its taxable transmission and distribution property	29192
and its energy conversion equipment, and twenty-five per cent for	29193
all its other taxable property;	29194

(B) In the case of a telephone or telegraph company,	29195
twenty-five per cent for taxable property first subject to	29196
taxation in this state for tax year 1995 or thereafter for tax	29197
years before tax year 2007, and pursuant to division (H) of	29198
section 5711.22 of the Revised Code for tax year 2007 and	29199
thereafter, and the following for all other taxable property:	29200

(1) For tax years prior to 2005, eighty-eight per cent;

29201

(2) For tax year 2005, sixty-seven per cent;

29202

(3) For tax year 2006, forty-six per cent;

29203

(4) For tax year 2007 and thereafter, pursuant to division	29204
(H) of section 5711.22 of the Revised Code.	29205

(C) Twenty-five per cent in the case of a natural gas	29206
company.	29207

(D) Eighty-eight per cent in the case of a pipe-line,	29208
~~water-works,~~ or heating company;	29209

(E)(1) For tax year 2005, eighty-eight per cent in the case	29210
of the taxable transmission and distribution property of an	29211
electric company, and twenty-five per cent for all its other	29212
taxable property;	29213

(2) For tax year 2006 and each tax year thereafter, in the	29214
case of an electric company, eighty-five per cent in the case of	29215
its taxable transmission and distribution property and its energy	29216
conversion equipment, and twenty-four per cent for all its other	29217
taxable property.	29218

(F)(1) Twenty-five per cent in the case of an interexchange	29219
telecommunications company for tax years before tax year 2007;	29220

(2) Pursuant to division (H) of section 5711.22 of the	29221
Revised Code for tax year 2007 and thereafter.	29222

(G) Twenty-five per cent in the case of a water	29223
transportation company;	29224

(H) For tax year 2011 and each tax year thereafter in the	29225
case of an energy company, twenty-four per cent in the case of its	29226
taxable production equipment, and eighty-five per cent for all its	29227
other taxable property.	29228

(I) In the case of a water-works company, twenty-five per	29229
cent for taxable property first subject to taxation in this state	29230
for tax year 2014 or thereafter, and eighty-eight per cent for all	29231
its other taxable property.	29232

Sec. 5739.05. (A) The tax commissioner shall enforce and	29233
administer sections 5739.01 to 5739.31 of the Revised Code, which	29234
are hereby declared to be sections which the commissioner is	29235
required to administer within the meaning of sections 5703.17 to	29236
5703.37, 5703.39, 5703.41, and 5703.45 of the Revised Code. The	29237
commissioner may adopt and promulgate, in accordance with sections	29238
119.01 to 119.13 of the Revised Code, such rules as the	29239
commissioner deems necessary to administer sections 5739.01 to	29240
5739.31 of the Revised Code.	29241

(B) Upon application, the commissioner may authorize a vendor	29242
to pay on a predetermined basis the tax levied by or pursuant to	29243
section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised	29244
Code upon sales of things produced or distributed or services	29245
provided by such vendor, and the commissioner may waive the	29246
collection of the tax from the consumer. The commissioner shall	29247
not grant such authority unless the commissioner finds that the	29248
granting of the authority would improve compliance and increase	29249
the efficiency of the administration of the tax. The person to	29250
whom such authority is granted shall post a notice, if required by	29251
the commissioner, at the location where the product is offered for	29252
sale that the tax is included in the selling price. The	29253
~~comissioner~~commissioner may adopt rules to administer this	29254
division.	29255

(C) ~~The~~Upon application, the commissioner may authorize a	29256
vendor to ~~pay~~remit, on the basis of a prearranged agreement under	29257
this division, the tax levied by section 5739.02 or pursuant to	29258
section 5739.021, 5739.023, or 5739.026 of the Revised Code~~, and~~	29259
~~waive the requirement that the vendor maintain the complete and~~	29260
~~accurate record of individual taxable sales and tax collected~~	29261
~~thereon required by section 5739.11 of the Revised Code, upon~~	29262
~~application of the vendor, if the commissioner finds that the~~	29263
~~conditions of the vendor-applicant's business are such that the~~	29264
~~maintenance of such records of individual taxable sales and tax~~	29265
~~collected thereon would impose an unreasonable burden upon the~~	29266
~~vendor. If the commissioner determines that such unreasonable~~	29267
~~burden has been imposed, the vendor and the commissioner shall~~	29268
~~agree to the terms and conditions of a test check to be conducted~~.	29269
The proportions and ratios in a prearranged agreement shall be	29270
determined either by a test check conducted by the commissioner	29271
under terms and conditions agreed to by the commissioner and the	29272
vendor or by any other method agreed upon by the vendor and the	29273
commissioner. If the parties are unable to agree to the terms and	29274
conditions of the test check or other method, the application	29275
shall be denied. ~~The~~	29276

If used, the test check ~~conducted~~ shall determine the	29277
proportion that taxable retail sales bear to all of the vendor's	29278
retail sales and the ratio which the tax required to be collected	29279
under sections 5739.02, 5739.021, ~~and~~ 5739.023, and 5739.026 of	29280
the Revised Code bears to the receipts from the vendor's taxable	29281
retail sales.	29282

The ~~vendor shall collect the tax on the vendor's taxable~~	29283
~~sales and the~~ vendor's liability for ~~collecting or~~ remitting the	29284
tax shall be based solely upon the proportions and ratios	29285
established ~~by the test check, and not upon any other basis of~~	29286
~~determination,~~in the agreement until such time ~~as a subsequent~~	29287
~~test check is made at the request of either~~that the vendor or the	29288
commissioner ~~where either party~~ believes that the nature of the	29289
vendor's business has so changed as to make the ~~prior or existing~~	29290
~~test check~~agreement no longer representative. The commissioner	29291
may give notice to the vendor at any time that the authorization	29292
is revoked or the vendor may notify the commissioner that the	29293
vendor no longer elects to report under the authorization. Such	29294
notice shall be delivered to the other party personally or by	29295
registered mail. The revocation or cancellation is ~~not~~ effective	29296
~~prior to~~ the ~~date of receipt of such~~last day of the month in	29297
which the vendor or the commissioner receives the notice.	29298

Sec. 5739.09. (A)(1) A board of county commissioners may, by	29299
resolution adopted by a majority of the members of the board, levy	29300
an excise tax not to exceed three per cent on transactions by	29301
which lodging by a hotel is or is to be furnished to transient	29302
guests. The board shall establish all regulations necessary to	29303
provide for the administration and allocation of the tax. The	29304
regulations may prescribe the time for payment of the tax, and may	29305
provide for the imposition of a penalty or interest, or both, for	29306
late payments, provided that the penalty does not exceed ten per	29307
cent of the amount of tax due, and the rate at which interest	29308
accrues does not exceed the rate per annum prescribed pursuant to	29309
section 5703.47 of the Revised Code. Except as provided in	29310
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	29311
regulations shall provide, after deducting the real and actual	29312
costs of administering the tax, for the return to each municipal	29313
corporation or township that does not levy an excise tax on the	29314
transactions, a uniform percentage of the tax collected in the	29315
municipal corporation or in the unincorporated portion of the	29316
township from each transaction, not to exceed thirty-three and	29317
one-third per cent. The remainder of the revenue arising from the	29318
tax shall be deposited in a separate fund and shall be spent	29319
solely to make contributions to the convention and visitors'	29320
bureau operating within the county, including a pledge and	29321
contribution of any portion of the remainder pursuant to an	29322
agreement authorized by section 307.678 or 307.695 of the Revised	29323
Code, provided that if the board of county commissioners of an	29324
eligible county as defined in section 307.678 or 307.695 of the	29325
Revised Code adopts a resolution amending a resolution levying a	29326
tax under this division to provide that ~~the~~ revenue from the tax	29327
shall be used by the board as described in either division (D) of	29328
section 307.678 or division (H) of section 307.695 of the Revised	29329
Code, the remainder of the revenue shall be used as described in	29330
the resolution making that amendment. Except as provided in	29331
division (A)(2), (3), (4), (5), (6), or (7) or (H) of this	29332
section, on and after May 10, 1994, a board of county	29333
commissioners may not levy an excise tax pursuant to this division	29334
in any municipal corporation or township located wholly or partly	29335
within the county that has in effect an ordinance or resolution	29336
levying an excise tax pursuant to division (B) of this section.	29337
The board of a county that has levied a tax under division (C) of	29338
this section may, by resolution adopted within ninety days after	29339
July 15, 1985, by a majority of the members of the board, amend	29340
the resolution levying a tax under this division to provide for a	29341
portion of that tax to be pledged and contributed in accordance	29342
with an agreement entered into under section 307.695 of the	29343
Revised Code. A tax, any revenue from which is pledged pursuant to	29344
such an agreement, shall remain in effect at the rate at which it	29345
is imposed for the duration of the period for which the revenue	29346
from the tax has been so pledged.	29347

The board of county commissioners of an eligible county as	29348
defined in section 307.695 of the Revised Code may, by resolution	29349
adopted by a majority of the members of the board, amend a	29350
resolution levying a tax under this division to provide that the	29351
revenue from the tax shall be used by the board as described in	29352
division (H) of section 307.695 of the Revised Code, in which case	29353
the tax shall remain in effect at the rate at which it was imposed	29354
for the duration of any agreement entered into by the board under	29355
section 307.695 of the Revised Code, the duration during which any	29356
securities issued by the board under that section are outstanding,	29357
or the duration of the period during which the board owns a	29358
project as defined in section 307.695 of the Revised Code,	29359
whichever duration is longest.	29360

The board of county commissioners of an eligible county as	29361
defined in section 307.678 of the Revised Code may, by resolution,	29362
amend a resolution levying a tax under this division to provide	29363
that revenue from the tax, not to exceed five hundred thousand	29364
dollars each year, may be used as described in division (D) of	29365
section 307.678 of the Revised Code.	29366

(2) A board of county commissioners that levies an excise tax	29367
under division (A)(1) of this section on June 30, 1997, at a rate	29368
of three per cent, and that has pledged revenue from the tax to an	29369
agreement entered into under section 307.695 of the Revised Code	29370
or, in the case of the board of county commissioners of an	29371
eligible county as defined in section 307.695 of the Revised Code,	29372
has amended a resolution levying a tax under division (C) of this	29373
section to provide that proceeds from the tax shall be used by the	29374
board as described in division (H) of section 307.695 of the	29375
Revised Code, may, at any time by a resolution adopted by a	29376
majority of the members of the board, amend the resolution levying	29377
a tax under division (A)(1) of this section to provide for an	29378
increase in the rate of that tax up to seven per cent on each	29379
transaction; to provide that revenue from the increase in the rate	29380
shall be used as described in division (H) of section 307.695 of	29381
the Revised Code or be spent solely to make contributions to the	29382
convention and visitors' bureau operating within the county to be	29383
used specifically for promotion, advertising, and marketing of the	29384
region in which the county is located; and to provide that the	29385
rate in excess of the three per cent levied under division (A)(1)	29386
of this section shall remain in effect at the rate at which it is	29387
imposed for the duration of the period during which any agreement	29388
is in effect that was entered into under section 307.695 of the	29389
Revised Code by the board of county commissioners levying a tax	29390
under division (A)(1) of this section, the duration of the period	29391
during which any securities issued by the board under division (I)	29392
of section 307.695 of the Revised Code are outstanding, or the	29393
duration of the period during which the board owns a project as	29394
defined in section 307.695 of the Revised Code, whichever duration	29395
is longest. The amendment also shall provide that no portion of	29396
that revenue need be returned to townships or municipal	29397
corporations as would otherwise be required under division (A)(1)	29398
of this section.	29399

(3) A board of county commissioners that levies a tax under	29400
division (A)(1) of this section on March 18, 1999, at a rate of	29401
three per cent may, by resolution adopted not later than	29402
forty-five days after March 18, 1999, amend the resolution levying	29403
the tax to provide for all of the following:	29404

(a) That the rate of the tax shall be increased by not more	29405
than an additional four per cent on each transaction;	29406

(b) That all of the revenue from the increase in the rate	29407
shall be pledged and contributed to a convention facilities	29408
authority established by the board of county commissioners under	29409
Chapter 351. of the Revised Code on or before November 15, 1998,	29410
and used to pay costs of constructing, maintaining, operating, and	29411
promoting a facility in the county, including paying bonds, or	29412
notes issued in anticipation of bonds, as provided by that	29413
chapter;	29414

(c) That no portion of the revenue arising from the increase	29415
in rate need be returned to municipal corporations or townships as	29416
otherwise required under division (A)(1) of this section;	29417

(d) That the increase in rate shall not be subject to	29418
diminution by initiative or referendum or by law while any bonds,	29419
or notes in anticipation of bonds, issued by the authority under	29420
Chapter 351. of the Revised Code to which the revenue is pledged,	29421
remain outstanding in accordance with their terms, unless	29422
provision is made by law or by the board of county commissioners	29423
for an adequate substitute therefor that is satisfactory to the	29424
trustee if a trust agreement secures the bonds.	29425

Division (A)(3) of this section does not apply to the board	29426
of county commissioners of any county in which a convention center	29427
or facility exists or is being constructed on November 15, 1998,	29428
or of any county in which a convention facilities authority levies	29429
a tax pursuant to section 351.021 of the Revised Code on that	29430
date.	29431

As used in division (A)(3) of this section, "cost" and	29432
"facility" have the same meanings as in section 351.01 of the	29433
Revised Code, and "convention center" has the same meaning as in	29434
section 307.695 of the Revised Code.	29435

(4)(a) A board of county commissioners that levies a tax	29436
under division (A)(1) of this section on June 30, 2002, at a rate	29437
of three per cent may, by resolution adopted not later than	29438
September 30, 2002, amend the resolution levying the tax to	29439
provide for all of the following:	29440

(i) That the rate of the tax shall be increased by not more	29441
than an additional three and one-half per cent on each	29442
transaction;	29443

(ii) That all of the revenue from the increase in rate shall	29444
be pledged and contributed to a convention facilities authority	29445
established by the board of county commissioners under Chapter	29446
351. of the Revised Code on or before May 15, 2002, and be used to	29447
pay costs of constructing, expanding, maintaining, operating, or	29448
promoting a convention center in the county, including paying	29449
bonds, or notes issued in anticipation of bonds, as provided by	29450
that chapter;	29451

(iii) That no portion of the revenue arising from the	29452
increase in rate need be returned to municipal corporations or	29453
townships as otherwise required under division (A)(1) of this	29454
section;	29455

(iv) That the increase in rate shall not be subject to	29456
diminution by initiative or referendum or by law while any bonds,	29457
or notes in anticipation of bonds, issued by the authority under	29458
Chapter 351. of the Revised Code to which the revenue is pledged,	29459
remain outstanding in accordance with their terms, unless	29460
provision is made by law or by the board of county commissioners	29461
for an adequate substitute therefor that is satisfactory to the	29462
trustee if a trust agreement secures the bonds.	29463

(b) Any board of county commissioners that, pursuant to	29464
division (A)(4)(a) of this section, has amended a resolution	29465
levying the tax authorized by division (A)(1) of this section may	29466
further amend the resolution to provide that the revenue referred	29467
to in division (A)(4)(a)(ii) of this section shall be pledged and	29468
contributed both to a convention facilities authority to pay the	29469
costs of constructing, expanding, maintaining, or operating one or	29470
more convention centers in the county, including paying bonds, or	29471
notes issued in anticipation of bonds, as provided in Chapter 351.	29472
of the Revised Code, and to a convention and visitors' bureau to	29473
pay the costs of promoting one or more convention centers in the	29474
county.	29475

As used in division (A)(4) of this section, "cost" has the	29476
same meaning as in section 351.01 of the Revised Code, and	29477
"convention center" has the same meaning as in section 307.695 of	29478
the Revised Code.	29479

(5)(a) As used in division (A)(5) of this section:

29480

(i) "Port authority" means a port authority created under	29481
Chapter 4582. of the Revised Code.	29482

(ii) "Port authority military-use facility" means port	29483
authority facilities on which or adjacent to which is located an	29484
installation of the armed forces of the United States, a reserve	29485
component thereof, or the national guard and at least part of	29486
which is made available for use, for consideration, by the armed	29487
forces of the United States, a reserve component thereof, or the	29488
national guard.	29489

(b) For the purpose of contributing revenue to pay operating	29490
expenses of a port authority that operates a port authority	29491
military-use facility, the board of county commissioners of a	29492
county that created, participated in the creation of, or has	29493
joined such a port authority may do one or both of the following:	29494

(i) Amend a resolution previously adopted under division	29495
(A)(1) of this section to designate some or all of the revenue	29496
from the tax levied under the resolution to be used for that	29497
purpose, notwithstanding that division;	29498

(ii) Amend a resolution previously adopted under division	29499
(A)(1) of this section to increase the rate of the tax by not more	29500
than an additional two per cent and use the revenue from the	29501
increase exclusively for that purpose.	29502

(c) If a board of county commissioners amends a resolution to	29503
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	29504
of this section, the board also may amend the resolution to	29505
specify that the increase in rate of the tax does not apply to	29506
"hotels," as otherwise defined in section 5739.01 of the Revised	29507
Code, having fewer rooms used for the accommodation of guests than	29508
a number of rooms specified by the board.	29509

(6) A board of county commissioners of a county organized	29510
under a county charter adopted pursuant to Article X, Section 3,	29511
Ohio Constitution, and that levies an excise tax under division	29512
(A)(1) of this section at a rate of three per cent and levies an	29513
additional excise tax under division (E) of this section at a rate	29514
of one and one-half per cent may, by resolution adopted not later	29515
than January 1, 2008, by a majority of the members of the board,	29516
amend the resolution levying a tax under division (A)(1) of this	29517
section to provide for an increase in the rate of that tax by not	29518
more than an additional one per cent on transactions by which	29519
lodging by a hotel is or is to be furnished to transient guests.	29520
Notwithstanding divisions (A)(1) and (E) of this section, the	29521
resolution shall provide that all of the revenue from the increase	29522
in rate, after deducting the real and actual costs of	29523
administering the tax, shall be used to pay the costs of	29524
improving, expanding, equipping, financing, or operating a	29525
convention center by a convention and visitors' bureau in the	29526
county. The increase in rate shall remain in effect for the period	29527
specified in the resolution, not to exceed ten years. The increase	29528
in rate shall be subject to the regulations adopted under division	29529
(A)(1) of this section, except that the resolution may provide	29530
that no portion of the revenue from the increase in the rate shall	29531
be returned to townships or municipal corporations as would	29532
otherwise be required under that division.	29533

(7) Division (A)(7) of this section applies only to a county	29534
with a population greater than sixty-five thousand and less than	29535
seventy thousand according to the most recent federal decennial	29536
census and in which, on December 31, 2006, an excise tax is levied	29537
under division (A)(1) of this section at a rate not less than and	29538
not greater than three per cent, and in which the most recent	29539
increase in the rate of that tax was enacted or took effect in	29540
November 1984.	29541

The board of county commissioners of a county to which this	29542
division applies, by resolution adopted by a majority of the	29543
members of the board, may increase the rate of the tax by not more	29544
than one per cent on transactions by which lodging by a hotel is	29545
or is to be furnished to transient guests. The increase in rate	29546
shall be for the purpose of paying expenses deemed necessary by	29547
the convention and visitors' bureau operating in the county to	29548
promote travel and tourism. The increase in rate shall remain in	29549
effect for the period specified in the resolution, not to exceed	29550
twenty years, provided that the increase in rate may not continue	29551
beyond the time when the purpose for which the increase is levied	29552
ceases to exist. If revenue from the increase in rate is pledged	29553
to the payment of debt charges on securities, the increase in rate	29554
is not subject to diminution by initiative or referendum or by law	29555
for so long as the securities are outstanding, unless provision is	29556
made by law or by the board of county commissioners for an	29557
adequate substitute for that revenue that is satisfactory to the	29558
trustee if a trust agreement secures payment of the debt charges.	29559
The increase in rate shall be subject to the regulations adopted	29560
under division (A)(1) of this section, except that the resolution	29561
may provide that no portion of the revenue from the increase in	29562
the rate shall be returned to townships or municipal corporations	29563
as would otherwise be required under division (A)(1) of this	29564
section. A resolution adopted under division (A)(7) of this	29565
section is subject to referendum under sections 305.31 to 305.99	29566
of the Revised Code.	29567

(B)(1) The legislative authority of a municipal corporation	29568
or the board of trustees of a township that is not wholly or	29569
partly located in a county that has in effect a resolution levying	29570
an excise tax pursuant to division (A)(1) of this section may, by	29571
ordinance or resolution, levy an excise tax not to exceed three	29572
per cent on transactions by which lodging by a hotel is or is to	29573
be furnished to transient guests. The legislative authority of the	29574
municipal corporation or the board of trustees of the township	29575
shall deposit at least fifty per cent of the revenue from the tax	29576
levied pursuant to this division into a separate fund, which shall	29577
be spent solely to make contributions to convention and visitors'	29578
bureaus operating within the county in which the municipal	29579
corporation or township is wholly or partly located, and the	29580
balance of that revenue shall be deposited in the general fund.	29581
The municipal corporation or township shall establish all	29582
regulations necessary to provide for the administration and	29583
allocation of the tax. The regulations may prescribe the time for	29584
payment of the tax, and may provide for the imposition of a	29585
penalty or interest, or both, for late payments, provided that the	29586
penalty does not exceed ten per cent of the amount of tax due, and	29587
the rate at which interest accrues does not exceed the rate per	29588
annum prescribed pursuant to section 5703.47 of the Revised Code.	29589
The levy of a tax under this division is in addition to any tax	29590
imposed on the same transaction by a municipal corporation or a	29591
township as authorized by division (A) of section 5739.08 of the	29592
Revised Code.	29593

(2)(a) The legislative authority of the most populous	29594
municipal corporation located wholly or partly in a county in	29595
which the board of county commissioners has levied a tax under	29596
division (A)(4) of this section may amend, on or before September	29597
30, 2002, that municipal corporation's ordinance or resolution	29598
that levies an excise tax on transactions by which lodging by a	29599
hotel is or is to be furnished to transient guests, to provide for	29600
all of the following:	29601

(i) That the rate of the tax shall be increased by not more	29602
than an additional one per cent on each transaction;	29603

(ii) That all of the revenue from the increase in rate shall	29604
be pledged and contributed to a convention facilities authority	29605
established by the board of county commissioners under Chapter	29606
351. of the Revised Code on or before May 15, 2002, and be used to	29607
pay costs of constructing, expanding, maintaining, operating, or	29608
promoting a convention center in the county, including paying	29609
bonds, or notes issued in anticipation of bonds, as provided by	29610
that chapter;	29611

(iii) That the increase in rate shall not be subject to	29612
diminution by initiative or referendum or by law while any bonds,	29613
or notes in anticipation of bonds, issued by the authority under	29614
Chapter 351. of the Revised Code to which the revenue is pledged,	29615
remain outstanding in accordance with their terms, unless	29616
provision is made by law, by the board of county commissioners, or	29617
by the legislative authority, for an adequate substitute therefor	29618
that is satisfactory to the trustee if a trust agreement secures	29619
the bonds.	29620

(b) The legislative authority of a municipal corporation	29621
that, pursuant to division (B)(2)(a) of this section, has amended	29622
its ordinance or resolution to increase the rate of the tax	29623
authorized by division (B)(1) of this section may further amend	29624
the ordinance or resolution to provide that the revenue referred	29625
to in division (B)(2)(a)(ii) of this section shall be pledged and	29626
contributed both to a convention facilities authority to pay the	29627
costs of constructing, expanding, maintaining, or operating one or	29628
more convention centers in the county, including paying bonds, or	29629
notes issued in anticipation of bonds, as provided in Chapter 351.	29630
of the Revised Code, and to a convention and visitors' bureau to	29631
pay the costs of promoting one or more convention centers in the	29632
county.	29633

As used in division (B)(2) of this section, "cost" has the	29634
same meaning as in section 351.01 of the Revised Code, and	29635
"convention center" has the same meaning as in section 307.695 of	29636
the Revised Code.	29637

(C) For the purposes described in section 307.695 of the	29638
Revised Code and to cover the costs of administering the tax, a	29639
board of county commissioners of a county where a tax imposed	29640
under division (A)(1) of this section is in effect may, by	29641
resolution adopted within ninety days after July 15, 1985, by a	29642
majority of the members of the board, levy an additional excise	29643
tax not to exceed three per cent on transactions by which lodging	29644
by a hotel is or is to be furnished to transient guests. The tax	29645
authorized by this division shall be in addition to any tax that	29646
is levied pursuant to division (A) of this section, but it shall	29647
not apply to transactions subject to a tax levied by a municipal	29648
corporation or township pursuant to the authorization granted by	29649
division (A) of section 5739.08 of the Revised Code. The board	29650
shall establish all regulations necessary to provide for the	29651
administration and allocation of the tax. The regulations may	29652
prescribe the time for payment of the tax, and may provide for the	29653
imposition of a penalty or interest, or both, for late payments,	29654
provided that the penalty does not exceed ten per cent of the	29655
amount of tax due, and the rate at which interest accrues does not	29656
exceed the rate per annum prescribed pursuant to section 5703.47	29657
of the Revised Code. All revenues arising from the tax shall be	29658
expended in accordance with section 307.695 of the Revised Code.	29659
The board of county commissioners of an eligible county as defined	29660
in section 307.695 of the Revised Code may, by resolution adopted	29661
by a majority of the members of the board, amend the resolution	29662
levying a tax under this division to provide that the revenue from	29663
the tax shall be used by the board as described in division (H) of	29664
section 307.695 of the Revised Code. A tax imposed under this	29665
division shall remain in effect at the rate at which it is imposed	29666
for the duration of the period during which any agreement entered	29667
into by the board under section 307.695 of the Revised Code is in	29668
effect, the duration of the period during which any securities	29669
issued by the board under division (I) of section 307.695 of the	29670
Revised Code are outstanding, or the duration of the period during	29671
which the board owns a project as defined in section 307.695 of	29672
the Revised Code, whichever duration is longest.	29673

(D) For the purpose of providing contributions under division	29674
(B)(1) of section 307.671 of the Revised Code to enable the	29675
acquisition, construction, and equipping of a port authority	29676
educational and cultural facility in the county and, to the extent	29677
provided for in the cooperative agreement authorized by that	29678
section, for the purpose of paying debt service charges on bonds,	29679
or notes in anticipation of bonds, described in division (B)(1)(b)	29680
of that section, a board of county commissioners, by resolution	29681
adopted within ninety days after December 22, 1992, by a majority	29682
of the members of the board, may levy an additional excise tax not	29683
to exceed one and one-half per cent on transactions by which	29684
lodging by a hotel is or is to be furnished to transient guests.	29685
The excise tax authorized by this division shall be in addition to	29686
any tax that is levied pursuant to divisions (A), (B), and (C) of	29687
this section, to any excise tax levied pursuant to section 5739.08	29688
of the Revised Code, and to any excise tax levied pursuant to	29689
section 351.021 of the Revised Code. The board of county	29690
commissioners shall establish all regulations necessary to provide	29691
for the administration and allocation of the tax that are not	29692
inconsistent with this section or section 307.671 of the Revised	29693
Code. The regulations may prescribe the time for payment of the	29694
tax, and may provide for the imposition of a penalty or interest,	29695
or both, for late payments, provided that the penalty does not	29696
exceed ten per cent of the amount of tax due, and the rate at	29697
which interest accrues does not exceed the rate per annum	29698
prescribed pursuant to section 5703.47 of the Revised Code. All	29699
revenues arising from the tax shall be expended in accordance with	29700
section 307.671 of the Revised Code and division (D) of this	29701
section. The levy of a tax imposed under this division may not	29702
commence prior to the first day of the month next following the	29703
execution of the cooperative agreement authorized by section	29704
307.671 of the Revised Code by all parties to that agreement. The	29705
tax shall remain in effect at the rate at which it is imposed for	29706
the period of time described in division (C) of section 307.671 of	29707
the Revised Code for which the revenue from the tax has been	29708
pledged by the county to the corporation pursuant to that section,	29709
but, to any extent provided for in the cooperative agreement, for	29710
no lesser period than the period of time required for payment of	29711
the debt service charges on bonds, or notes in anticipation of	29712
bonds, described in division (B)(1)(b) of that section.	29713

(E) For the purpose of paying the costs of acquiring,	29714
constructing, equipping, and improving a municipal educational and	29715
cultural facility, including debt service charges on bonds	29716
provided for in division (B) of section 307.672 of the Revised	29717
Code, and for any additional purposes determined by the county in	29718
the resolution levying the tax or amendments to the resolution,	29719
including subsequent amendments providing for paying costs of	29720
acquiring, constructing, renovating, rehabilitating, equipping,	29721
and improving a port authority educational and cultural performing	29722
arts facility, as defined in section 307.674 of the Revised Code,	29723
and including debt service charges on bonds provided for in	29724
division (B) of section 307.674 of the Revised Code, the	29725
legislative authority of a county, by resolution adopted within	29726
ninety days after June 30, 1993, by a majority of the members of	29727
the legislative authority, may levy an additional excise tax not	29728
to exceed one and one-half per cent on transactions by which	29729
lodging by a hotel is or is to be furnished to transient guests.	29730
The excise tax authorized by this division shall be in addition to	29731
any tax that is levied pursuant to divisions (A), (B), (C), and	29732
(D) of this section, to any excise tax levied pursuant to section	29733
5739.08 of the Revised Code, and to any excise tax levied pursuant	29734
to section 351.021 of the Revised Code. The legislative authority	29735
of the county shall establish all regulations necessary to provide	29736
for the administration and allocation of the tax. The regulations	29737
may prescribe the time for payment of the tax, and may provide for	29738
the imposition of a penalty or interest, or both, for late	29739
payments, provided that the penalty does not exceed ten per cent	29740
of the amount of tax due, and the rate at which interest accrues	29741
does not exceed the rate per annum prescribed pursuant to section	29742
5703.47 of the Revised Code. All revenues arising from the tax	29743
shall be expended in accordance with section 307.672 of the	29744
Revised Code and this division. The levy of a tax imposed under	29745
this division shall not commence prior to the first day of the	29746
month next following the execution of the cooperative agreement	29747
authorized by section 307.672 of the Revised Code by all parties	29748
to that agreement. The tax shall remain in effect at the rate at	29749
which it is imposed for the period of time determined by the	29750
legislative authority of the county. That period of time shall not	29751
exceed fifteen years, except that the legislative authority of a	29752
county with a population of less than two hundred fifty thousand	29753
according to the most recent federal decennial census, by	29754
resolution adopted by a majority of its members before the	29755
original tax expires, may extend the duration of the tax for an	29756
additional period of time. The additional period of time by which	29757
a legislative authority extends a tax levied under this division	29758
shall not exceed fifteen years.	29759

(F) The legislative authority of a county that has levied a	29760
tax under division (E) of this section may, by resolution adopted	29761
within one hundred eighty days after January 4, 2001, by a	29762
majority of the members of the legislative authority, amend the	29763
resolution levying a tax under that division to provide for the	29764
use of the proceeds of that tax, to the extent that it is no	29765
longer needed for its original purpose as determined by the	29766
parties to a cooperative agreement amendment pursuant to division	29767
(D) of section 307.672 of the Revised Code, to pay costs of	29768
acquiring, constructing, renovating, rehabilitating, equipping,	29769
and improving a port authority educational and cultural performing	29770
arts facility, including debt service charges on bonds provided	29771
for in division (B) of section 307.674 of the Revised Code, and to	29772
pay all obligations under any guaranty agreements, reimbursement	29773
agreements, or other credit enhancement agreements described in	29774
division (C) of section 307.674 of the Revised Code. The	29775
resolution may also provide for the extension of the tax at the	29776
same rate for the longer of the period of time determined by the	29777
legislative authority of the county, but not to exceed an	29778
additional twenty-five years, or the period of time required to	29779
pay all debt service charges on bonds provided for in division (B)	29780
of section 307.672 of the Revised Code and on port authority	29781
revenue bonds provided for in division (B) of section 307.674 of	29782
the Revised Code. All revenues arising from the amendment and	29783
extension of the tax shall be expended in accordance with section	29784
307.674 of the Revised Code, this division, and division (E) of	29785
this section.	29786

(G) For purposes of a tax levied by a county, township, or	29787
municipal corporation under this section or section 5739.08 of the	29788
Revised Code, a board of county commissioners, board of township	29789
trustees, or the legislative authority of a municipal corporation	29790
may adopt a resolution or ordinance at any time specifying that	29791
"hotel," as otherwise defined in section 5739.01 of the Revised	29792
Code, includes the following:	29793

(1) Establishments in which fewer than five rooms are used	29794
for the accommodation of guests.	29795

(2) Establishments at which rooms are used for the	29796
accommodation of guests regardless of whether each room is	29797
accessible through its own keyed entry or several rooms are	29798
accessible through the same keyed entry; and, in determining the	29799
number of rooms, all rooms are included regardless of the number	29800
of structures in which the rooms are situated or the number of	29801
parcels of land on which the structures are located if the	29802
structures are under the same ownership and the structures are not	29803
identified in advertisements of the accommodations as distinct	29804
establishments. For the purposes of division (G)(2) of this	29805
section, two or more structures are under the same ownership if	29806
they are owned by the same person, or if they are owned by two or	29807
more persons the majority of the ownership interests of which are	29808
owned by the same person.	29809

The resolution or ordinance may apply to a tax imposed	29810
pursuant to this section prior to the adoption of the resolution	29811
or ordinance if the resolution or ordinance so states, but the tax	29812
shall not apply to transactions by which lodging by such an	29813
establishment is provided to transient guests prior to the	29814
adoption of the resolution or ordinance.	29815

(H)(1) As used in this division:

29816

(a) "Convention facilities authority" has the same meaning as	29817
in section 351.01 of the Revised Code.	29818

(b) "Convention center" has the same meaning as in section	29819
307.695 of the Revised Code.	29820

(2) Notwithstanding any contrary provision of division (D) of	29821
this section, the legislative authority of a county with a	29822
population of one million or more according to the most recent	29823
federal decennial census that has levied a tax under division (D)	29824
of this section may, by resolution adopted by a majority of the	29825
members of the legislative authority, provide for the extension of	29826
such levy and may provide that the proceeds of that tax, to the	29827
extent that they are no longer needed for their original purpose	29828
as defined by a cooperative agreement entered into under section	29829
307.671 of the Revised Code, shall be deposited into the county	29830
general revenue fund. The resolution shall provide for the	29831
extension of the tax at a rate not to exceed the rate specified in	29832
division (D) of this section for a period of time determined by	29833
the legislative authority of the county, but not to exceed an	29834
additional forty years.	29835

(3) The legislative authority of a county with a population	29836
of one million or more that has levied a tax under division (A)(1)	29837
of this section may, by resolution adopted by a majority of the	29838
members of the legislative authority, increase the rate of the tax	29839
levied by such county under division (A)(1) of this section to a	29840
rate not to exceed five per cent on transactions by which lodging	29841
by a hotel is or is to be furnished to transient guests.	29842
Notwithstanding any contrary provision of division (A)(1) of this	29843
section, the resolution may provide that all collections resulting	29844
from the rate levied in excess of three per cent, after deducting	29845
the real and actual costs of administering the tax, shall be	29846
deposited in the county general fund.	29847

(4) The legislative authority of a county with a population	29848
of one million or more that has levied a tax under division (A)(1)	29849
of this section may, by resolution adopted on or before August 30,	29850
2004, by a majority of the members of the legislative authority,	29851
provide that all or a portion of the proceeds of the tax levied	29852
under division (A)(1) of this section, after deducting the real	29853
and actual costs of administering the tax and the amounts required	29854
to be returned to townships and municipal corporations with	29855
respect to the first three per cent levied under division (A)(1)	29856
of this section, shall be deposited in the county general fund,	29857
provided that such proceeds shall be used to satisfy any pledges	29858
made in connection with an agreement entered into under section	29859
307.695 of the Revised Code.	29860

(5) No amount collected from a tax levied, extended, or	29861
required to be deposited in the county general fund under division	29862
(H) of this section shall be contributed to a convention	29863
facilities authority, corporation, or other entity created after	29864
July 1, 2003, for the principal purpose of constructing,	29865
improving, expanding, equipping, financing, or operating a	29866
convention center unless the mayor of the municipal corporation in	29867
which the convention center is to be operated by that convention	29868
facilities authority, corporation, or other entity has consented	29869
to the creation of that convention facilities authority,	29870
corporation, or entity. Notwithstanding any contrary provision of	29871
section 351.04 of the Revised Code, if a tax is levied by a county	29872
under division (H) of this section, the board of county	29873
commissioners of that county may determine the manner of	29874
selection, the qualifications, the number, and terms of office of	29875
the members of the board of directors of any convention facilities	29876
authority, corporation, or other entity described in division	29877
(H)(5) of this section.	29878

(6)(a) No amount collected from a tax levied, extended, or	29879
required to be deposited in the county general fund under division	29880
(H) of this section may be used for any purpose other than paying	29881
the direct and indirect costs of constructing, improving,	29882
expanding, equipping, financing, or operating a convention center	29883
and for the real and actual costs of administering the tax,	29884
unless, prior to the adoption of the resolution of the legislative	29885
authority of the county authorizing the levy, extension, increase,	29886
or deposit, the county and the mayor of the most populous	29887
municipal corporation in that county have entered into an	29888
agreement as to the use of such amounts, provided that such	29889
agreement has been approved by a majority of the mayors of the	29890
other municipal corporations in that county. The agreement shall	29891
provide that the amounts to be used for purposes other than paying	29892
the convention center or administrative costs described in	29893
division (H)(6)(a) of this section be used only for the direct and	29894
indirect costs of capital improvements, including the financing of	29895
capital improvements.	29896

(b) If the county in which the tax is levied has an	29897
association of mayors and city managers, the approval of that	29898
association of an agreement described in division (H)(6)(a) of	29899
this section shall be considered to be the approval of the	29900
majority of the mayors of the other municipal corporations for	29901
purposes of that division.	29902

(7) Each year, the auditor of state shall conduct an audit of	29903
the uses of any amounts collected from taxes levied, extended, or	29904
deposited under division (H) of this section and shall prepare a	29905
report of the auditor of state's findings. The auditor of state	29906
shall submit the report to the legislative authority of the county	29907
that has levied, extended, or deposited the tax, the speaker of	29908
the house of representatives, the president of the senate, and the	29909
leaders of the minority parties of the house of representatives	29910
and the senate.	29911

(I)(1) As used in this division:

29912

(a) "Convention facilities authority" has the same meaning as	29913
in section 351.01 of the Revised Code.	29914

(b) "Convention center" has the same meaning as in section	29915
307.695 of the Revised Code.	29916

(2) Notwithstanding any contrary provision of division (D) of	29917
this section, the legislative authority of a county with a	29918
population of one million two hundred thousand or more according	29919
to the most recent federal decennial census or the most recent	29920
annual population estimate published or released by the United	29921
States census bureau at the time the resolution is adopted placing	29922
the levy on the ballot, that has levied a tax under division (D)	29923
of this section may, by resolution adopted by a majority of the	29924
members of the legislative authority, provide for the extension of	29925
such levy and may provide that the proceeds of that tax, to the	29926
extent that the proceeds are no longer needed for their original	29927
purpose as defined by a cooperative agreement entered into under	29928
section 307.671 of the Revised Code and after deducting the real	29929
and actual costs of administering the tax, shall be used for	29930
paying the direct and indirect costs of constructing, improving,	29931
expanding, equipping, financing, or operating a convention center.	29932
The resolution shall provide for the extension of the tax at a	29933
rate not to exceed the rate specified in division (D) of this	29934
section for a period of time determined by the legislative	29935
authority of the county, but not to exceed an additional forty	29936
years.	29937

(3) The legislative authority of a county with a population	29938
of one million two hundred thousand or more that has levied a tax	29939
under division (A)(1) of this section may, by resolution adopted	29940
by a majority of the members of the legislative authority,	29941
increase the rate of the tax levied by such county under division	29942
(A)(1) of this section to a rate not to exceed five per cent on	29943
transactions by which lodging by a hotel is or is to be furnished	29944
to transient guests. Notwithstanding any contrary provision of	29945
division (A)(1) of this section, the resolution shall provide that	29946
all collections resulting from the rate levied in excess of three	29947
per cent, after deducting the real and actual costs of	29948
administering the tax, shall be used for paying the direct and	29949
indirect costs of constructing, improving, expanding, equipping,	29950
financing, or operating a convention center.	29951

(4) The legislative authority of a county with a population	29952
of one million two hundred thousand or more that has levied a tax	29953
under division (A)(1) of this section may, by resolution adopted	29954
on or before July 1, 2008, by a majority of the members of the	29955
legislative authority, provide that all or a portion of the	29956
proceeds of the tax levied under division (A)(1) of this section,	29957
after deducting the real and actual costs of administering the tax	29958
and the amounts required to be returned to townships and municipal	29959
corporations with respect to the first three per cent levied under	29960
division (A)(1) of this section, shall be used to satisfy any	29961
pledges made in connection with an agreement entered into under	29962
section 307.695 of the Revised Code or shall otherwise be used for	29963
paying the direct and indirect costs of constructing, improving,	29964
expanding, equipping, financing, or operating a convention center.	29965

(5) Any amount collected from a tax levied or extended under	29966
division (I) of this section may be contributed to a convention	29967
facilities authority created before July 1, 2005, but no amount	29968
collected from a tax levied or extended under division (I) of this	29969
section may be contributed to a convention facilities authority,	29970
corporation, or other entity created after July 1, 2005, unless	29971
the mayor of the municipal corporation in which the convention	29972
center is to be operated by that convention facilities authority,	29973
corporation, or other entity has consented to the creation of that	29974
convention facilities authority, corporation, or entity.	29975

(J) ~~All~~(1) Except as provided in division (J)(2) of this	29976
section, money collected by a county and distributed under this	29977
section to a convention and visitors' bureau in existence as of	29978
June 30, 2013, the effective date of H.B. 59 of the 130th general	29979
assembly, except for any such money pledged, as of that effective	29980
date, to the payment of debt service charges on bonds, notes,	29981
securities, or lease agreements, shall be used solely for tourism	29982
sales, marketing and promotion, and their associated costs,	29983
including, but not limited to, operational and administrative	29984
costs of the bureau, sales and marketing, and maintenance of the	29985
physical bureau structure.	29986

(2) A convention and visitors' bureau that has entered into	29987
an agreement under section 307.678 of the Revised Code may use	29988
revenue it receives from a tax levied under division (A)(1) of	29989
this section as described in division (D) of section 307.678 of	29990
the Revised Code.	29991

(K) The board of county commissioners of a county with a	29992
population between one hundred three thousand and one hundred	29993
seven thousand according to the most recent federal decennial	29994
census, by resolution adopted by a majority of the members of the	29995
board within six months after the effective date of H.B. 483 of	29996
the 130th general assembly, may levy a tax not to exceed three per	29997
cent on transactions by which a hotel is or is to be furnished to	29998
transient guests. The purpose of the tax shall be to pay the costs	29999
of expanding, maintaining, or operating a soldiers' memorial and	30000
the costs of administering the tax. All revenue arising from the	30001
tax shall be credited to one or more special funds in the county	30002
treasury and shall be spent solely for the purposes of paying	30003
those costs. The board of county commissioners shall adopt all	30004
rules necessary to provide for the administration of the tax	30005
subject to the same limitations on imposing penalty or interest	30006
under division (A)(1) of this section.	30007

As used in this division "soldiers' memorial" means a	30008
memorial constructed and funded under Chapter 345. of the Revised	30009
Code.	30010

Sec. 5747.02. (A) For the purpose of providing revenue for	30011
the support of schools and local government functions, to provide	30012
relief to property taxpayers, to provide revenue for the general	30013
revenue fund, and to meet the expenses of administering the tax	30014
levied by this chapter, there is hereby levied on every	30015
individual, trust, and estate residing in or earning or receiving	30016
income in this state, on every individual, trust, and estate	30017
earning or receiving lottery winnings, prizes, or awards pursuant	30018
to Chapter 3770. of the Revised Code, on every individual, trust,	30019
and estate earning or receiving winnings on casino gaming, and on	30020
every individual, trust, and estate otherwise having nexus with or	30021
in this state under the Constitution of the United States, an	30022
annual tax measured in the case of individuals by Ohio adjusted	30023
gross income less an exemption for the taxpayer, the taxpayer's	30024
spouse, and each dependent as provided in section 5747.025 of the	30025
Revised Code; measured in the case of trusts by modified Ohio	30026
taxable income under division (D) of this section; and measured in	30027
the case of estates by Ohio taxable income. The tax imposed by	30028
this section on the balance thus obtained is hereby levied as	30029
follows:	30030

(1) For taxable years beginning in 2004:

30031

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		30032
OR		30033
MODIFIED OHIO		30034
TAXABLE INCOME (TRUSTS)		30035
OR		30036
OHIO TAXABLE INCOME (ESTATES)	TAX	30037

$5,000 or less	.743%	30038
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	30039
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	30040
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	30041
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	30042
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	30043
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	30044
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	30045
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	30046

(2) For taxable years beginning in 2005:

30047

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		30048
OR		30049
MODIFIED OHIO		30050
TAXABLE INCOME (TRUSTS)		30051
OR		30052
OHIO TAXABLE INCOME (ESTATES)	TAX	30053

$5,000 or less	.712%	30054
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	30055
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	30056
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	30057
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	30058
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	30059
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	30060
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	30061
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	30062

(3) For taxable years beginning in 2006:

30063

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		30064
OR		30065
MODIFIED OHIO		30066
TAXABLE INCOME (TRUSTS)		30067
OR		30068
OHIO TAXABLE INCOME (ESTATES)	TAX	30069

$5,000 or less	.681%	30070
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	30071
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	30072
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	30073
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	30074
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	30075
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	30076
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	30077
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	30078

(4) For taxable years beginning in 2007:

30079

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		30080
OR		30081
MODIFIED OHIO		30082
TAXABLE INCOME (TRUSTS)		30083
OR		30084
OHIO TAXABLE INCOME (ESTATES)	TAX	30085

$5,000 or less	.649%	30086
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	30087
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	30088
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	30089
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	30090
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	30091
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	30092
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	30093
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	30094

(5) For taxable years beginning in 2008, 2009, or 2010:

30095

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		30096
OR		30097
MODIFIED OHIO		30098
TAXABLE INCOME (TRUSTS)		30099
OR		30100
OHIO TAXABLE INCOME (ESTATES)	TAX	30101

$5,000 or less	.618%	30102
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	30103
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	30104
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	30105
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	30106
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	30107
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	30108
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	30109
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	30110

(6) For taxable years beginning in 2011 or 2012:

30111

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		30112
OR		30113
MODIFIED OHIO		30114
TAXABLE INCOME (TRUSTS)		30115
OR		30116
OHIO TAXABLE INCOME (ESTATES)	TAX	30117

$5,000 or less	.587%	30118
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	30119
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	30120
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	30121
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	30122
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	30123
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	30124
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	30125
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	30126

(7) For taxable years beginning in 2013:

30127

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		30128
OR		30129
MODIFIED OHIO		30130
TAXABLE INCOME (TRUSTS)		30131
OR		30132
OHIO TAXABLE INCOME (ESTATES)	TAX	30133

$5,000 or less	.537%	30134
More than $5,000 but not more than $10,000	$26.86 plus 1.074% of the amount in excess of $5,000	30135
More than $10,000 but not more than $15,000	$80.57 plus 2.148% of the amount in excess of $10,000	30136
More than $15,000 but not more than $20,000	$187.99 plus 2.686% of the amount in excess of $15,000	30137
More than $20,000 but not more than $40,000	$322.26 plus 3.222% of the amount in excess of $20,000	30138
More than $40,000 but not more than $80,000	$966.61 plus 3.760% of the amount in excess of $40,000	30139
More than $80,000 but not more than $100,000	$2,470.50 plus 4.296% of the amount in excess of $80,000	30140
More than $100,000 but not more than $200,000	$3,329.68 plus 4.988% of the amount in excess of $100,000	30141
More than $200,000	$8,317.35 plus 5.421% of the amount in excess of $200,000	30142

(8) For taxable years beginning in 2014 or thereafter:

30143

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		30144
OR		30145
MODIFIED OHIO		30146
TAXABLE INCOME (TRUSTS)		30147
OR		30148
OHIO TAXABLE INCOME (ESTATES)	TAX	30149

~~$5,000 or less~~	~~.534%~~	30150
~~More than $5,000 but not more than $10,000~~	~~$26.71 plus 1.068% of the amount in excess of $5,000~~	30151
~~More than $10,000 but not more than $15,000~~	~~$80.13 plus 2.137% of the amount in excess of $10,000~~	30152
~~More than $15,000 but not more than $20,000~~	~~$186.96 plus 2.671% of the amount in excess of $15,000~~	30153
~~More than $20,000 but not more than $40,000~~	~~$320.50 plus 3.204% of the amount in excess of $20,000~~	30154
~~More than $40,000 but not more than $80,000~~	~~$961.32 plus 3.739% of the amount in excess of $40,000~~	30155
~~More than $80,000 but not more than $100,000~~	~~$2,457.00 plus 4.272% of the amount in excess of $80,000~~	30156
~~More than $100,000 but not more than $200,000~~	~~$3,311.49 plus 4.960% of the amount in excess of $100,000~~	30157
~~More than $200,000~~	~~$8,271.90 plus 5.392% of the amount in excess of $200,000~~	30158

~~(9) For taxable years beginning in 2015 or thereafter:~~

30159

~~OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)~~		30160
OR		30161
~~MODIFIED OHIO~~		30162
~~TAXABLE INCOME (TRUSTS)~~		30163
OR		30164
~~OHIO TAXABLE INCOME (ESTATES)~~	~~TAX~~	30165

$5,000 or less	.528%	30166
More than $5,000 but not more than $10,000	$26.41 plus 1.057% of the amount in excess of $5,000	30167
More than $10,000 but not more than $15,000	$79.24 plus 2.113% of the amount in excess of $10,000	30168
More than $15,000 but not more than $20,000	$184.90 plus 2.642% of the amount in excess of $15,000	30169
More than $20,000 but not more than $40,000	$316.98 plus 3.169% of the amount in excess of $20,000	30170
More than $40,000 but not more than $80,000	$950.76 plus 3.698% of the amount in excess of $40,000	30171
More than $80,000 but not more than $100,000	$2,430.00 plus 4.226% of the amount in excess of $80,000	30172
More than $100,000 but not more than $200,000	$3,275.10 plus 4.906% of the amount in excess of $100,000	30173
More than $200,000	$8,181.00 plus 5.333% of the amount in excess of $200,000	30174

Except as otherwise provided in this division, in August of	30175
each year, the tax commissioner shall make a new adjustment to the	30176
income amounts prescribed in this division by multiplying the	30177
percentage increase in the gross domestic product deflator	30178
computed that year under section 5747.025 of the Revised Code by	30179
each of the income amounts resulting from the adjustment under	30180
this division in the preceding year, adding the resulting product	30181
to the corresponding income amount resulting from the adjustment	30182
in the preceding year, and rounding the resulting sum to the	30183
nearest multiple of fifty dollars. The tax commissioner also shall	30184
recompute each of the tax dollar amounts to the extent necessary	30185
to reflect the new adjustment of the income amounts. The rates of	30186
taxation shall not be adjusted.	30187

The adjusted amounts apply to taxable years beginning in the	30188
calendar year in which the adjustments are made and to taxable	30189
years beginning in each ensuing calendar year until a calendar	30190
year in which a new adjustment is made pursuant to this division.	30191
The tax commissioner shall not make a new adjustment in any year	30192
in which the amount resulting from the adjustment would be less	30193
than the amount resulting from the adjustment in the preceding	30194
year. The commissioner shall not make a new adjustment for taxable	30195
years beginning in 2013, 2014, or 2015.	30196

(B) If the director of budget and management makes a	30197
certification to the tax commissioner under division (B) of	30198
section 131.44 of the Revised Code, the amount of tax as	30199
determined under division (A) of this section shall be reduced by	30200
the percentage prescribed in that certification for taxable years	30201
beginning in the calendar year in which that certification is	30202
made.	30203

(C) The levy of this tax on income does not prevent a	30204
municipal corporation, a joint economic development zone created	30205
under section 715.691, or a joint economic development district	30206
created under section 715.70 or 715.71 or sections 715.72 to	30207
715.81 of the Revised Code from levying a tax on income.	30208

(D) This division applies only to taxable years of a trust	30209
beginning in 2002 or thereafter.	30210

(1) The tax imposed by this section on a trust shall be	30211
computed by multiplying the Ohio modified taxable income of the	30212
trust by the rates prescribed by division (A) of this section.	30213

(2) A resident trust may claim a credit against the tax	30214
computed under division (D) of this section equal to the lesser of	30215
(1) the tax paid to another state or the District of Columbia on	30216
the resident trust's modified nonbusiness income, other than the	30217
portion of the resident trust's nonbusiness income that is	30218
qualifying investment income as defined in section 5747.012 of the	30219
Revised Code, or (2) the effective tax rate, based on modified	30220
Ohio taxable income, multiplied by the resident trust's modified	30221
nonbusiness income other than the portion of the resident trust's	30222
nonbusiness income that is qualifying investment income. The	30223
credit applies before any other applicable credits.	30224

(3) The credits enumerated in divisions (A)(1) to (13) of	30225
section 5747.98 of the Revised Code do not apply to a trust	30226
subject to division (D) of this section. Any credits enumerated in	30227
other divisions of section 5747.98 of the Revised Code apply to a	30228
trust subject to division (D) of this section. To the extent that	30229
the trust distributes income for the taxable year for which a	30230
credit is available to the trust, the credit shall be shared by	30231
the trust and its beneficiaries. The tax commissioner and the	30232
trust shall be guided by applicable regulations of the United	30233
States treasury regarding the sharing of credits.	30234

(E) For the purposes of this section, "trust" means any trust	30235
described in Subchapter J of Chapter 1 of the Internal Revenue	30236
Code, excluding trusts that are not irrevocable as defined in	30237
division (I)(3)(b) of section 5747.01 of the Revised Code and that	30238
have no modified Ohio taxable income for the taxable year,	30239
charitable remainder trusts, qualified funeral trusts and preneed	30240
funeral contract trusts established pursuant to sections 4717.31	30241
to 4717.38 of the Revised Code that are not qualified funeral	30242
trusts, endowment and perpetual care trusts, qualified settlement	30243
trusts and funds, designated settlement trusts and funds, and	30244
trusts exempted from taxation under section 501(a) of the Internal	30245
Revenue Code.	30246

Sec. 5747.025. (A) ~~Except as otherwise provided in this~~	30247
~~division~~For taxable years beginning in 2014 or 2015, the personal	30248
exemption for the taxpayer ~~and~~, the taxpayer's spouse, and each	30249
dependent shall be ~~seven hundred fifty dollars each for the~~	30250
~~taxable year beginning in 1996, eight hundred fifty dollars each~~	30251
~~for the taxable year beginning in 1997, nine hundred fifty dollars~~	30252
~~each for the taxable year beginning in 1998, and one thousand~~	30253
~~fifty dollars each for the taxable year beginning in 1999 and~~	30254
~~taxable years beginning after 1999. The~~one of the following	30255
amounts:	30256

(1) Two thousand two hundred dollars if the taxpayer's Ohio	30257
adjusted gross income for the taxable year as shown on an	30258
individual or joint annual return is less than or equal to forty	30259
thousand dollars;	30260

(2) One thousand nine hundred fifty dollars if the taxpayer's	30261
Ohio adjusted gross income for the taxable year as shown on an	30262
individual or joint annual return is greater than forty thousand	30263
dollars but less than or equal to eighty thousand dollars;	30264

(3) One thousand seven hundred dollars if the taxpayer's Ohio	30265
adjusted gross income for the taxable year as shown on an	30266
individual or joint annual return is greater than eighty thousand	30267
dollars.	30268

(B) For taxable years beginning in 2016 and thereafter, the	30269
personal exemption ~~amount~~amounts prescribed in ~~this~~ division ~~for~~	30270
~~taxable years beginning after 1999~~(A) of this section shall be	30271
adjusted each year in the manner prescribed in division (C) of	30272
this section. In the case of an individual with respect to whom an	30273
exemption under section 5747.02 of the Revised Code is allowable	30274
to another taxpayer for a taxable year beginning in the calendar	30275
year in which the individual's taxable year begins, the exemption	30276
amount applicable to such individual for such individual's taxable	30277
year shall be zero.	30278

~~(B) The personal exemption for each dependent shall be eight~~	30279
~~hundred fifty dollars for the taxable year beginning in 1996, and~~	30280
~~one thousand fifty dollars for the taxable year beginning in 1997~~	30281
~~and taxable years beginning after 1997. The personal exemption~~	30282
~~amount prescribed in this division for taxable years beginning~~	30283
~~after 1999 shall be adjusted each year in the manner prescribed in~~	30284
~~division (C) of this section.~~	30285

(C) Except as otherwise provided in this division, in August	30286
of each year, the tax commissioner shall determine the percentage	30287
increase in the gross domestic product deflator determined by the	30288
bureau of economic analysis of the United States department of	30289
commerce from the first day of January of the preceding calendar	30290
year to the last day of December of the preceding year, and make a	30291
new adjustment to the personal exemption amount for taxable years	30292
beginning in the current calendar year by multiplying that amount	30293
by the percentage increase in the gross domestic product deflator	30294
for that period; adding the resulting product to the personal	30295
exemption amount for taxable years beginning in the preceding	30296
calendar year; and rounding the resulting sum upward to the	30297
nearest multiple of fifty dollars. The adjusted amount applies to	30298
taxable years beginning in the calendar year in which the	30299
adjustment is made and to taxable years beginning in each ensuing	30300
calendar year until a calendar year in which a new adjustment is	30301
made pursuant to this division. The commissioner shall not make a	30302
new adjustment in any calendar year in which the amount resulting	30303
from the adjustment would be less than the amount resulting from	30304
the adjustment in the preceding calendar year. ~~The commissioner~~	30305
~~shall not make a new adjustment for taxable years beginning in~~	30306
~~2013, 2014, or 2015.~~	30307

Sec. 5747.50. (A) As used in this section:

30308

(1) "County's proportionate share of the calendar year 2007	30309
LGF and LGRAF distributions" means the percentage computed for the	30310
county under division (B)(1)(a) of section 5747.501 of the Revised	30311
Code.	30312

(2) "County's proportionate share of the total amount of the	30313
local government fund additional revenue formula" means each	30314
county's proportionate share of the state's population as	30315
determined for and certified to the county for distributions to be	30316
made during the current calendar year under division (B)(2)(a) of	30317
section 5747.501 of the Revised Code. If prior to the first day of	30318
January of the current calendar year the federal government has	30319
issued a revision to the population figures reflected in the	30320
estimate produced pursuant to division (B)(2)(a) of section	30321
5747.501 of the Revised Code, such revised population figures	30322
shall be used for making the distributions during the current	30323
calendar year.	30324

(3) "2007 LGF and LGRAF county distribution base available in	30325
that month" means the lesser of the amounts described in division	30326
(A)(3)(a) and (b) of this section, provided that the amount shall	30327
not be less than zero:	30328

(a) The total amount available for distribution to counties	30329
from the local government fund during the current month.	30330

(b) The total amount distributed to counties from the local	30331
government fund and the local government revenue assistance fund	30332
to counties in calendar year 2007 less the total amount	30333
distributed to counties under division (B)(1) of this section	30334
during previous months of the current calendar year.	30335

(4) "Local government fund additional revenue distribution	30336
base available during that month" means the total amount available	30337
for distribution to counties during the month from the local	30338
government fund, less any amounts to be distributed in that month	30339
from the local government fund under division (B)(1) of this	30340
section, provided that the local government fund additional	30341
revenue distribution base available during that month shall not be	30342
less than zero.	30343

(5) "Total amount available for distribution to counties"	30344
means the total amount available for distribution from the local	30345
government fund during the current month less the total amount	30346
available for distribution to municipal corporations during the	30347
current month under division (C) of this section.	30348

(B) On or before the tenth day of each month, the tax	30349
commissioner shall provide for payment to each county an amount	30350
equal to the sum of:	30351

(1) The county's proportionate share of the calendar year	30352
2007 LGF and LGRAF distributions multiplied by the 2007 LGF and	30353
LGRAF county distribution base available in that month, provided	30354
that if the 2007 LGF and LGRAF county distribution base available	30355
in that month is zero, no payment shall be made under division	30356
(B)(1) of this section for the month or the remainder of the	30357
calendar year; and	30358

(2) The county's proportionate share of the total amount of	30359
the local government fund additional revenue formula multiplied by	30360
the local government fund additional revenue distribution base	30361
available during that month.	30362

Money received into the treasury of a county under this	30363
division shall be credited to the undivided local government fund	30364
in the treasury of the county on or before the fifteenth day of	30365
each month. On or before the twentieth day of each month, the	30366
county auditor shall issue warrants against all of the undivided	30367
local government fund in the county treasury in the respective	30368
amounts allowed as provided in section 5747.51 of the Revised	30369
Code, and the treasurer shall distribute and pay such sums to the	30370
subdivision therein.	30371

(C)(1) As used in division (C) of this section:

30372

(a) "Total amount available for distribution to	30373
municipalities during the current month" means the product	30374
obtained by multiplying the total amount available for	30375
distribution from the local government fund during the current	30376
month by the aggregate municipal share.	30377

(b) "Aggregate municipal share" means the quotient obtained	30378
by dividing the total amount distributed directly from the local	30379
government fund to municipal corporations during calendar year	30380
2007 by the total distributions from the local government fund and	30381
local government revenue assistance fund during calendar year	30382
2007.	30383

(2) On or before the tenth day of each month, the tax	30384
commissioner shall provide for payment from the local government	30385
fund to each municipal corporation an amount equal to the product	30386
derived by multiplying the municipal corporation's percentage of	30387
the total amount distributed to all such municipal corporations	30388
under this division during calendar year 2007 by the total amount	30389
available for distribution to municipal corporations during the	30390
current month.	30391

(3) Payments received by a municipal corporation under this	30392
division shall be paid into its general fund and may be used for	30393
any lawful purpose.	30394

(4) The amount distributed to municipal corporations under	30395
this division during any calendar year shall not exceed the amount	30396
distributed directly from the local government fund to municipal	30397
corporations during calendar year 2007. If that maximum amount is	30398
reached during any month, distributions to municipal corporations	30399
in that month shall be as provided in divisions (C)(1) and (2) of	30400
this section, but no further distributions shall be made to	30401
municipal corporations under division (C) of this section during	30402
the remainder of the calendar year.	30403

(5) Upon being informed of a municipal corporation's	30404
dissolution, the tax commissioner shall cease providing for	30405
payments to that municipal corporation under division (C) of this	30406
section. The proportionate shares of the total amount available	30407
for distribution to each of the remaining municipal corporations	30408
under this division shall be increased on a pro rata basis.	30409

(D) Each municipal corporation ~~which has in effect a tax~~	30410
~~imposed under Chapter 718. of the Revised Code~~that imposes a tax	30411
on income shall, no later than the thirty-first day of August of	30412
each year, certify to the tax commissioner the total amount of	30413
income taxes collected by ~~such~~the municipal corporation ~~pursuant~~	30414
~~to such chapter~~ during the preceding calendar year, the amount of	30415
such revenue derived from taxes paid by resident individuals, and	30416
the amount of such revenue derived from taxes paid by nonresident	30417
individuals. The commissioner shall publish that information on	30418
the department of taxation's web site. The tax commissioner may	30419
withhold payment of local government fund moneys pursuant to	30420
division (C) of this section from any municipal corporation ~~for~~	30421
~~failure~~that fails to comply with this reporting requirement.	30422

Sec. 5747.71. ~~For taxable years beginning on or after~~	30423
~~January 1, 2013, there~~There is hereby allowed a nonrefundable	30424
credit against the tax imposed by section 5747.02 of the Revised	30425
Code for a taxpayer who is an "eligible individual" as defined in	30426
section 32 of the Internal Revenue Code. The credit shall equal	30427
five per cent of the credit allowed on the taxpayer's federal	30428
income tax return pursuant to section 32 of the Internal Revenue	30429
Code for ~~the~~ taxable ~~year~~years beginning in 2013, and ten per	30430
cent of the federal credit allowed for taxable years beginning in	30431
or after 2014. If the Ohio adjusted gross income of the taxpayer,	30432
or the taxpayer and the taxpayer's spouse if the taxpayer and the	30433
taxpayer's spouse file a joint return under section 5747.08 of the	30434
Revised Code, less applicable exemptions under section 5747.025 of	30435
the Revised Code, exceeds twenty thousand dollars, the credit	30436
authorized by this section shall not exceed fifty per cent of the	30437
amount of tax otherwise due under section 5747.02 of the Revised	30438
Code after deducting any other nonrefundable credits that precede	30439
the credit allowed under this section in the order prescribed by	30440
section 5747.98 of the Revised Code except for the joint filing	30441
credit authorized under division (G) of section 5747.05 of the	30442
Revised Code. In all other cases, the credit authorized by this	30443
section shall not exceed the amount of tax otherwise due under	30444
section 5747.02 of the Revised Code after deducting any other	30445
nonrefundable credits that precede the credit allowed under this	30446
section in the order prescribed by section 5747.98 of the Revised	30447
Code.	30448

The credit shall be claimed in the order prescribed by	30449
section 5747.98 of the Revised Code.	30450

Section 101.02. That existing sections 7.10, 7.16, 9.37,	30451
9.482, 9.90, 9.91, 103.63, 118.27, 121.084, 122.12, 122.121,	30452
122.861, 124.32, 125.13, 125.182, 126.21, 126.25, 131.35, 133.06,	30453
133.07, 135.143, 149.311, 149.38, 153.56, 156.03, 163.15, 163.53,	30454
163.54, 163.55, 164.26, 173.47, 175.04, 175.05, 175.06, 191.01,	30455
306.04, 307.699, 307.982, 340.02, 340.021, 341.12, 757.03, 757.04,	30456
757.05, 757.06, 757.07, 757.08, 955.01, 955.05, 1321.535, 1321.55,	30457
1322.03, 1322.031, 1322.04, 1322.041, 1322.051, 1322.06, 1322.11,	30458
1345.06, 1711.50, 1711.53, 1724.10, 1901.08, 2101.026, 2151.417,	30459
2151.421, 2152.19, 2305.09, 2710.06, 2743.191, 2907.28, 2915.08,	30460
2929.20, 2945.402, 3123.89, 3303.41, 3313.372, 3314.08, 3317.02,	30461
3317.0217, 3317.06, 3318.36, 3358.03, 3517.20, 3701.132, 3701.34,	30462
3701.74, 3701.83, 3702.511, 3702.52, 3702.526, 3702.59, 3702.71,	30463
3702.74, 3702.75, 3702.91, 3702.95, 3721.02, 3730.09, 3735.31,	30464
3735.67, 3737.02, 3745.71, 3772.02, 4141.01, 4141.09, 4141.11,	30465
4141.131, 4141.20, 4141.25, 4141.29, 4141.35, 4303.021, 4503.44,	30466
4511.191, 4715.14, 4715.30, 4715.302, 4717.10, 4723.28, 4723.486,	30467
4723.487, 4725.01, 4725.091, 4725.092, 4725.16, 4725.19, 4729.12,	30468
4729.54, 4729.541, 4729.65, 4729.80, 4729.83, 4729.86, 4730.25,	30469
4730.48, 4730.53, 4731.055, 4731.15, 4731.155, 4731.22, 4731.24,	30470
4731.241, 4731.281, 4737.045, 4758.01, 4758.02, 4758.06, 4758.16,	30471
4758.20, 4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29,	30472
4758.30, 4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.55,	30473
4758.561, 4758.59, 4758.60, 4758.61, 4758.71, 4781.04, 4905.911,	30474
4906.20, 4906.201, 4923.02, 5104.03, 5104.34, 5104.341, 5104.38,	30475
5119.40, 5123.01, 5123.011, 5123.012, 5123.16, 5123.162, 5123.19,	30476
5123.191, 5123.21, 5123.61, 5123.75, 5123.76, 5123.89, 5124.01,	30477
5124.101, 5124.106, 5124.15, 5124.151, 5124.17, 5124.19, 5124.21,	30478
5124.28, 5124.38, 5124.60, 5124.61, 5124.62, 5124.67, 5126.01,	30479
5126.02, 5126.022, 5126.0219, 5126.041, 5126.046, 5126.051,	30480
5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 5126.45, 5139.05,	30481
5139.34, 5139.36, 5136.41, 5153.21, 5153.42, 5165.03, 5165.031,	30482
5165.10, 5165.106, 5165.15, 5165.23, 5165.25, 5165.65, 5165.68,	30483
5513.01, 5531.10, 5703.052, 5703.21, 5705.10, 5709.12, 5709.121,	30484
5709.40, 5713.012, 5713.08, 5715.19, 5715.27, 5717.01, 5727.111,	30485
5739.05, 5739.09, 5747.02, 5747.025, 5747.50, and 5747.71 of the	30486
Revised Code are hereby repealed. That existing Section 323.280 of	30487
Am. Sub. H.B. 59 of the 130th General Assembly is hereby repealed.	30488

Section 105.01. That sections 1322.063, 3125.191, 3702.93,	30489
4171.03, 4171.04, 5124.63, 5124.64, and 5126.037 of the Revised	30490
Code are hereby repealed.	30491

Section 125.10. Section 5101.345 of the Revised Code is	30492
hereby repealed effective the first day of the forty-ninth month	30493
after the effective date of that section.	30494

Section 503.10. APPROPRIATIONS RELATED TO GRANT	30495
RECONCILIATION AND CLOSE-OUT	30496

If, pursuant to the reconciliation and close-out process for	30497
a grant received by a state agency, an amount is identified as	30498
both unspent and requiring remittance to the grantor, the director	30499
of the agency may request the Director of Budget and Management to	30500
authorize additional expenditures to return the unspent cash to	30501
the grantor. Upon approval of the Director of Budget and	30502
Management, the additional amounts are hereby appropriated.	30503

Section 503.30. CLEAN OHIO CONSERVATION GRANT REPAYMENTS

30504

Any grant repayment received by the Public Works Commission	30505
and deposited into the Clean Ohio Conservation Fund (Fund 7056)	30506
pursuant to section 164.261 of the Revised Code is hereby	30507
appropriated in appropriation item C15060, Clean Ohio	30508
Conservation.	30509

Section 509.10. REESTABLISHING ENCUMBRANCES THAT USE OUTDATED	30510
EXPENSE ACCOUNT CODES	30511

On or after January 1, 2015, should the Director of Budget	30512
and Management elect to update expense account codes pursuant to	30513
the authority granted in division (A)(2) of section 126.21 of the	30514
Revised Code, the Director may cancel any existing operating or	30515
capital encumbrances from prior fiscal years that reference	30516
outdated expense account codes and, if needed, reestablish them	30517
against the same appropriation items referencing updated expense	30518
account codes. The reestablished encumbrance amounts are hereby	30519
appropriated. Any business commenced but not completed under the	30520
prior encumbrances by January 1, 2015, shall be completed under	30521
the new encumbrances in the same manner and with the same effect	30522
as if it was completed with regard to the old encumbrances.	30523

Section 509.20. The Department of Natural Resources is hereby	30524
authorized, pursuant to and consistent with the requirements of	30525
Chapter 127. of the Revised Code, to use moneys appropriated to it	30526
from the Ohio Parks and Natural Resources Fund (Fund 7031) and the	30527
Parks and Recreation Improvement Fund (Fund 7035) for capital	30528
projects, including, but not limited to, improvements or	30529
renovations on land or property owned by the department but used	30530
and operated, under a lease or other agreement, by an entity other	30531
than the department. No moneys shall be released under the	30532
authority of this section until the Director of Natural Resources	30533
has certified in writing to the Director of the Office of Budget	30534
and Management that the project will enhance the use and enjoyment	30535
of Ohio's state parks and natural resources.	30536

Section 512.10. On July 1, 2014, or as soon as possible	30537
thereafter, the Director of Budget and Management shall transfer	30538
the cash balance in the Education Endowment Fund (Fund P087) to	30539
the Education Facilities Trust Fund (Fund N087). Upon completion	30540
of the transfer, Fund P087 is abolished.	30541

Section 512.20. On July 1, 2014, or as soon as possible	30542
thereafter, the Director of Budget and Management shall transfer	30543
the cash balance in the Healthcare Services Fund (Fund 3W50),	30544
Healthy Ohioans Initiatives Fund (Fund 5BL0), Alcohol Testing	30545
Program Fund (Fund 5C00), TANF Family Planning Fund (Fund 5C10),	30546
Poison Control Fund (Fund 5CB0), Sewage Treatment System	30547
Innovation Fund (Fund 5CJ0), and the Health Emergency Fund (Fund	30548
5EC0) to the General Revenue Fund. Upon the completion of these	30549
transfers, Fund 3W50, Fund 5BL0, Fund 5C00, Fund 5C10, Fund 5CB0,	30550
Fund 5CJ0, and Fund 5EC0 are abolished.	30551

Section 512.30. ABOLISHMENT OF INACTIVE FUNDS USED BY THE	30552
DEPARTMENT OF JOB AND FAMILY SERVICES	30553

Within ninety days of the effective date of this section, or	30554
as soon as possible thereafter, the Director of Budget and	30555
Management shall transfer all cash in the following funds to the	30556
Administration and Operating Fund (Fund 5DM0) used by the	30557
Department of Job and Family Services:	30558

The State and Local Training Fund (Fund 3160),

30559

The Job Training Program Fund (Fund 3650),

30560

The Income Maintenance Reimbursement Fund (Fund 3A10),

30561

The ABD Managed Care – Federal Fund (Fund 3AZ0),

30562

The Children's Hospitals – Federal Fund (Fund 3BB0),

30563

The Ford Foundation Reimbursement Fund (Fund 3G90),

30564

The TANF – Employment & Training Fund (Fund 3S90),

30565

The HIPPY Program Fund (Fund 3W80),

30566

The Adoption Connection Fund (Fund 3W90),

30567

The Interagency Programs Fund (Fund 4G10),

30568

The Welfare Overpayment Intercept Fund (Fund 4K70),

30569

The Wellness Block Grant Fund (Fund 4N70),

30570

The Banking Fees Fund (Fund 4R30),

30571

The BCII Service Fees Fund (Fund 4R40),

30572

The Child Support Activities Fund (Fund 4V20),

30573

The BES Automation Administration Fund (Fund 5A50),

30574

The Public Assistance Reconciliation Fund (Fund 5AX0),

30575

The Child Support Operating Fund (Fund 5BE0),

30576

The ABD Managed Care – State Fund (Fund 5BZ0),

30577

The Private Child Care Agencies Training Fund (Fund 5E40),

30578

The EBT Contracted Services Fund (Fund 5E50),

30579

The State Option Food Stamp Program Fund (Fund 5E60),

30580

The BES Building Consolidation Fund (Fund 5F20),

30581

The BES Building Enhancement Fund (Fund 5F30),

30582

The Commission on Fatherhood Fund (Fund 5G30),

30583

The Child & Adult Protective Services Fund (Fund 5GV0),

30584

The Child Support Supplement Fund (Fund 5K60),

30585

The OhioWorks Supplement Fund (Fund 5L40),

30586

The County Technologies Fund (Fund 5N10),

30587

The TANF Child Welfare Fund (Fund 5P40),

30588

The Medicaid Admin Reimbursement Fund (Fund 5P60),

30589

The Child Support Special Payment Fund (Fund 5T20),

30590

The Federal Fiscal Relief Fund (Fund 5Y90),

30591

The Health Care Grants Fund (Fund 5Z50),

30592

The TANF QC Reinvestment Fund (Fund 5Z90),

30593

The Third Party Recoveries Fund (Fund 6000),

30594

The Training Activities Fund (Fund 6130), and

30595

The Ford Foundation Fund (Fund 6A70).

30596

Upon completion of the transfers, all the aforementioned funds	30597
listed in this section (except Fund 5DM0) are hereby abolished.	30598

Within ninety days after the effective date of this section,	30599
or as soon as possible thereafter, the Director of Budget and	30600
Management shall transfer all cash in the OhioCare Fund (Fund	30601
4X30), the Human Services Stabilization Fund (Fund 4Z70), and the	30602
Managed Care Assessment Fund (Fund 5BG0) to the General Revenue	30603
Fund. Upon completion of the transfers, Fund 4X30, Fund 4Z70, and	30604
Fund 5BG0 are hereby abolished.	30605

Section 512.40. On July 1, 2014, or as soon as possible	30606
thereafter, the Director of Budget and Management shall transfer	30607
the cash balance in the Nursing Facility Technical Assistance Fund	30608
(Fund 5L10), to the Residents Protection Fund (Fund 4E30). Upon	30609
completion of the transfer, Fund 5L10 is abolished.	30610

Section 610.20. That Sections 207.10, 209.30, 221.10, 241.10,	30611
245.10, 257.10, 257.20, 259.10, 259.210, 263.10, 263.230, 263.240,	30612
263.250, 263.270, 263.320, 263.325, 275.10, 282.10, 282.30,	30613
285.10, 285.20, 301.10, 301.33, 301.40, 301.143, 327.10, 327.83,	30614
333.10, 340.10, 349.10, 359.10, 363.10, 365.10, 395.10, 403.10,	30615
512.70, 512.80, and 751.10 of Am. Sub. H.B. 59 of the 130th	30616
General Assembly be amended to read as follows:	30617

Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

30618

General Revenue Fund	30619

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	30620
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	30621
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	30622
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	30623
GRF	100447	Administrative Building Lease Rental Payments	$	~~85,847,800~~ 83,847,800	$	91,059,600	30624
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	30625
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	30626
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	30627
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	30628
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	30629
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	30630
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	30631
TOTAL GRF General Revenue Fund			$	~~158,052,951~~ 156,052,951	$	163,247,551	30632

General Services Fund Group	30633

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	30634
1150	100632	Central Service Agency	$	911,580	$	927,699	30635
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	30636
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	30637
1250	100622	Human Resources Division - Operating	$	17,749,839	$	17,749,839	30638
1250	100657	Benefits Communication	$	712,316	$	712,316	30639
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	30640
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	30641
1320	100631	DAS Building Management	$	19,343,170	$	19,343,170	30642
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	30643
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	30644
2100	100612	State Printing	$	20,459,526	$	20,459,526	30645
2290	100630	IT Governance	$	16,446,474	$	16,446,474	30646
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	30647
4270	100602	Investment Recovery	$	1,618,062	$	1,638,515	30648
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	30649
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	30650
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	30651
5C30	100608	Minor Construction Project Management	$	1,004,375	$	1,004,375	30652
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	30653
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	30654
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	30655
5KZ0	100659	Building Improvement	$	500,000	$	500,000	30656
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	30657
5LA0	100660	Building Operation	$	26,600,767	$	26,814,648	30658
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	30659
5V60	100619	Employee Educational Development	$	800,000	$	800,000	30660
TOTAL GSF General Services Fund							30661
Group			$	333,614,857	$	320,854,742	30662

Federal Special Revenue Fund Group	30663

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	30664
TOTAL FED Federal Special Revenue							30665
Fund Group			$	1,723,009	$	1,723,009	30666

State Special Revenue Fund Group	30667

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	30668
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	30669
5NM0	100663	911 Program	$	290,000	$	290,000	30670
TOTAL SSR State Special Revenue							30671
Fund Group			$	3,399,257	$	1,360,891	30672
TOTAL ALL BUDGET FUND GROUPS			$	~~496,790,074~~ 494,790,074	$	487,186,193	30673

Sec. 209.30. LONG-TERM CARE OMBUDSMAN

30675

The foregoing appropriation item 490410, Long-Term Care	30676
Ombudsman, shall be used to fund ombudsman program activities as	30677
authorized in sections 173.14 to 173.27 and section 173.99 of the	30678
Revised Code.	30679

The State Ombudsman may explore the design of a payment	30680
method for the Ombudsman Program that includes a	30681
pay-for-performance incentive component that is earned by	30682
designated regional long-term care ombudsman programs.	30683

MYCARE OHIO

30684

The foregoing appropriation items 490410, Long-Term Care	30685
Ombudsman, 490618, Federal Aging Grants, 490612, Federal	30686
Independence Services, 490609, Regional Long-Term Care Ombudsman	30687
Program, and 490620, Ombudsman Support, may be used by the Office	30688
of the State Long-Term Care Ombudsman to provide ombudsman program	30689
activities as described in sections 173.14 to 173.27 and section	30690
173.99 of the Revised Code to consumers participating in MyCare	30691
Ohio.	30692

SENIOR COMMUNITY SERVICES

30693

The foregoing appropriation item 490411, Senior Community	30694
Services, shall be used for services designated by the Department	30695
of Aging, including, but not limited to, home-delivered and	30696
congregate meals, transportation services, personal care services,	30697
respite services, adult day services, home repair, care	30698
coordination, prevention and disease self-management, and decision	30699
support systems. Service priority shall be given to low income,	30700
frail, and cognitively impaired persons 60 years of age and over.	30701
The department shall promote cost sharing by service recipients	30702
for those services funded with senior community services funds,	30703
including, when possible, sliding-fee scale payment systems based	30704
on the income of service recipients.	30705

ALZHEIMER'S RESPITE

30706

The foregoing appropriation item 490414, Alzheimer's Respite,	30707
shall be used to fund only Alzheimer's disease services under	30708
section 173.04 of the Revised Code.	30709

NATIONAL SENIOR SERVICE CORPS

30710

The foregoing appropriation item 490506, National Senior	30711
Service Corps, shall be used by the Department of Aging to fund	30712
grants for three Corporation for National and Community	30713
Service/Senior Corps programs: the Foster Grandparents Program,	30714
the Senior Companion Program, and the Retired Senior Volunteer	30715
Program. A recipient of these grant funds shall use the funds to	30716
support priorities established by the Department and the Ohio	30717
State Office of the Corporation for National and Community	30718
Service. The expenditure of these funds by any grant recipient	30719
shall be in accordance with Senior Corps policies and procedures,	30720
as stated in the Domestic Volunteer Service Act of 1973, as	30721
amended. Neither the Department nor any area agencies on aging	30722
that are involved in the distribution of these funds to	30723
lower-tiered grant recipients may use any portion of these funds	30724
to cover administrative costs.	30725

SENIOR COMMUNITY OUTREACH AND EDUCATION

30726

The foregoing appropriation item 490606, Senior Community	30727
Outreach and Education, may be used to provide training to workers	30728
in the field of aging pursuant to division (G) of section 173.02	30729
of the Revised Code.	30730

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	30731
AND FEDERAL AGING GRANTS	30732

At the request of the Director of Aging, the Director of	30733
Budget and Management may transfer appropriation between	30734
appropriation items 490612, Federal Independence Services, and	30735
490618, Federal Aging Grants. The amounts transferred shall not	30736
exceed 30 per cent of the appropriation from which the transfer is	30737
made. Any transfers shall be reported by the Department of Aging	30738
to the Controlling Board at the next scheduled meeting of the	30739
board.	30740

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

30741

The foregoing appropriation item 490609, Regional Long-Term	30742
Care Ombudsman Program, shall be used to pay the costs of	30743
operating the regional long-term care ombudsman programs	30744
designated by the State Long-Term Care Ombudsman.	30745

TRANSFER OF RESIDENT PROTECTION FUNDS

30746

In each fiscal year, the Director of Budget and Management	30747
may transfer up to $1,250,000 cash from the Resident Protection	30748
Fund (Fund 4E30), which is used by the Department of Medicaid, to	30749
the Ombudsman Support Fund (Fund 5BA0), which is used by the	30750
Department of Aging.	30751

The Director of Aging and the Office of the State Long-Term	30752
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	30753
5BA0) to implement a nursing home quality initiative as specified	30754
in section 173.60 of the Revised Code.	30755

LONG-TERM CARE CONSUMERS GUIDE

30756

The foregoing appropriation item 490613, Long-Term Care	30757
Consumers Guide, shall be used to conduct annual consumer	30758
satisfaction surveys and to pay for other administrative expenses	30759
related to the publication of the Ohio Long-Term Care Consumer	30760
Guide.	30761

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	30762
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	30763

On July 1, 2013, or as soon as possible thereafter, the	30764
Director of Health shall certify to the Director of Budget and	30765
Management the cash balance relating to the Board of Examiners of	30766
Nursing Home Administrators in the General Operations Fund (Fund	30767
4700), used by the Department of Health. Upon receiving this	30768
certification, the Director of Budget and Management may transfer	30769
this cash from the General Operations Fund (Fund 4700) to the	30770
Board of Executives of Long-Term Services and Supports Fund (Fund	30771
5MT0), used by the Department of Aging. If this transfer occurs,	30772
the Director of Budget and Management shall cancel any existing	30773
encumbrances pertaining to the Board of Examiners of Nursing Home	30774
Administrators against appropriation item 440647, Fee Supported	30775
Programs, and re-establish them against appropriation item 490627,	30776
Board of Executives of LTSS. The re-established encumbrance	30777
amounts are hereby appropriated.	30778

Sec. 221.10. AGO ATTORNEY GENERAL

30779

General Revenue Fund	30780

GRF	055321	Operating Expenses	$	42,514,169	$	43,114,169	30781
GRF	055405	Law-Related Education	$	100,000	$	100,000	30782
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	~~1,500,000~~ 0	30783
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	30784
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	30785
GRF	055501	Rape Crisis Centers	$	1,000,000	$	1,000,000	30786
TOTAL GRF General Revenue Fund			$	46,703,589	$	~~47,303,589~~ 45,803,589	30787

General Services Fund Group	30788

1060	055612	~~General Reimbursement~~ Attorney General Operating	$	54,806,192	$	55,820,716	30789
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	30790
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	30791
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	30792
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	30793
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	30794
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	30795
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	30796
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	30797
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	30798
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	30799
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	30800
TOTAL GSF General Services Fund							30801
Group			$	86,700,872	$	87,642,655	30802

Federal Special Revenue Fund Group	30803

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	30804
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	30805
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	30806
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	30807
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	30808
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	30809
TOTAL FED Federal Special Revenue							30810
Fund Group			$	28,212,406	$	28,263,728	30811

State Special Revenue Fund Group	30812

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	30813
4190	055623	Claims Section	$	55,920,716	$	56,937,131	30814
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	30815
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	30816
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	30817
TOTAL SSR State Special Revenue							30818
Fund Group			$	76,867,116	$	77,790,839	30819

Holding Account Redistribution Fund Group	30820

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	30821
R005	055632	Antitrust Settlements	$	1,000	$	1,000	30822
R018	055630	Consumer Frauds	$	750,000	$	750,000	30823
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	30824
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	30825
TOTAL 090 Holding Account							30826
Redistribution Fund Group			$	6,276,025	$	6,276,025	30827

Tobacco Master Settlement Agreement Fund Group	30828

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	~~500,000~~ 2,000,000	30829
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	~~500,000~~ 2,000,000	30830
TOTAL ALL BUDGET FUND GROUPS			$	245,260,008	$	247,776,836	30831

OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER

30832

Of the foregoing appropriation item 055321, Operating	30833
Expenses, $600,000 in fiscal year 2015 shall be used to create the	30834
Ohio BCI Forensic Research and Professional Training Center at	30835
Bowling Green State University. The purpose of the Center shall be	30836
to foster forensic science research techniques (BCI Eminent	30837
Scholar) and to create professional training opportunities to	30838
students (BCI Scholars) in the forensic science fields.	30839

COUNTY SHERIFFS' PAY SUPPLEMENT

30840

The foregoing appropriation item 055411, County Sheriffs' Pay	30841
Supplement, shall be used for the purpose of supplementing the	30842
annual compensation of county sheriffs as required by section	30843
325.06 of the Revised Code.	30844

At the request of the Attorney General, the Director of	30845
Budget and Management may transfer appropriation from	30846
appropriation item 055321, Operating Expenses, to appropriation	30847
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	30848
transferred shall be used to supplement the annual compensation of	30849
county sheriffs as required by section 325.06 of the Revised Code.	30850

COUNTY PROSECUTORS' PAY SUPPLEMENT

30851

The foregoing appropriation item 055415, County Prosecutors'	30852
Pay Supplement, shall be used for the purpose of supplementing the	30853
annual compensation of certain county prosecutors as required by	30854
section 325.111 of the Revised Code.	30855

At the request of the Attorney General, the Director of	30856
Budget and Management may transfer appropriation from	30857
appropriation item 055321, Operating Expenses, to appropriation	30858
item 055415, County Prosecutors' Pay Supplement. Any appropriation	30859
so transferred shall be used to supplement the annual compensation	30860
of county prosecutors as required by section 325.111 of the	30861
Revised Code.	30862

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	30863
REIMBURSEMENT FUND	30864

Notwithstanding any other provision of law to the contrary,	30865
on July 1, 2013, or as soon as possible thereafter, the Director	30866
of Budget and Management shall transfer $80,000 cash from the	30867
General Revenue Fund to the General Reimbursement Fund (Fund	30868
1060).	30869

WORKERS' COMPENSATION SECTION

30870

The Workers' Compensation Fund (Fund 1950) is entitled to	30871
receive payments from the Bureau of Workers' Compensation and the	30872
Ohio Industrial Commission at the beginning of each quarter of	30873
each fiscal year to fund legal services to be provided to the	30874
Bureau of Workers' Compensation and the Ohio Industrial Commission	30875
during the ensuing quarter. The advance payment shall be subject	30876
to adjustment.	30877

In addition, the Bureau of Workers' Compensation shall	30878
transfer payments at the beginning of each quarter for the support	30879
of the Workers' Compensation Fraud Unit.	30880

All amounts shall be mutually agreed upon by the Attorney	30881
General, the Bureau of Workers' Compensation, and the Ohio	30882
Industrial Commission.	30883

ATTORNEY GENERAL PASS-THROUGH FUNDS

30884

The foregoing appropriation item 055638, Attorney General	30885
Pass-Through Funds, shall be used to receive federal grant funds	30886
provided to the Attorney General by other state agencies,	30887
including, but not limited to, the Department of Youth Services	30888
and the Department of Public Safety.	30889

GENERAL HOLDING ACCOUNT

30890

The foregoing appropriation item 055631, General Holding	30891
Account, shall be used to distribute moneys under the terms of	30892
relevant court orders or other settlements received in a variety	30893
of cases involving the Office of the Attorney General. If it is	30894
determined that additional amounts are necessary for this purpose,	30895
the amounts are hereby appropriated.	30896

ANTITRUST SETTLEMENTS

30897

The foregoing appropriation item 055632, Antitrust	30898
Settlements, shall be used to distribute moneys under the terms of	30899
relevant court orders or other out of court settlements in	30900
antitrust cases or antitrust matters involving the Office of the	30901
Attorney General. If it is determined that additional amounts are	30902
necessary for this purpose, the amounts are hereby appropriated.	30903

CONSUMER FRAUDS

30904

The foregoing appropriation item 055630, Consumer Frauds,	30905
shall be used for distribution of moneys from court-ordered	30906
judgments against sellers in actions brought by the Office of	30907
Attorney General under sections 1334.08 and 4549.48 and division	30908
(B) of section 1345.07 of the Revised Code. These moneys shall be	30909
used to provide restitution to consumers victimized by the fraud	30910
that generated the court-ordered judgments. If it is determined	30911
that additional amounts are necessary for this purpose, the	30912
amounts are hereby appropriated.	30913

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

30914

The foregoing appropriation item 055601, Organized Crime	30915
Commission Distributions, shall be used by the Organized Crime	30916
Investigations Commission, as provided by section 177.011 of the	30917
Revised Code, to reimburse political subdivisions for the expenses	30918
the political subdivisions incur when their law enforcement	30919
officers participate in an organized crime task force. If it is	30920
determined that additional amounts are necessary for this purpose,	30921
the amounts are hereby appropriated.	30922

COLLECTION PAYMENT REDISTRIBUTION

30923

The foregoing appropriation item 055650, Collection Payment	30924
Redistribution, shall be used for the purpose of allocating the	30925
revenue where debtors mistakenly paid the client agencies instead	30926
of the Attorney General's Collections Enforcement Section. If it	30927
is determined that additional amounts are necessary for this	30928
purpose, the amounts are hereby appropriated.	30929

OHIO LAW ENFORCEMENT TRAINING FUND RECOMMENDATIONS

30930

By September 1, 2013, the Attorney General, in consultation	30931
with state and local law enforcement agencies, shall submit to the	30932
President and Minority Leader of the Senate and the Speaker and	30933
Minority Leader of the House of Representatives a report	30934
recommending how to best use moneys collected from the gross	30935
casino revenue tax, pursuant to Section 6(C)(3)(f) of Article XV,	30936
Ohio Constitution, and how to best distribute such money for the	30937
purposes of enhancing public safety and providing additional	30938
training opportunities to the law enforcement community. The	30939
report shall expressly include a recommendation for sharing a	30940
portion of such moneys with local law enforcement agencies	30941
beginning in fiscal year 2015.	30942

CASH TRANSFERS FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	30943
FUND	30944

Notwithstanding section 512.20 of Am. Sub. H.B. 487 of the	30945
129th General Assembly, on July 1, 2014, or as soon as possible	30946
thereafter, the Director of Budget and Management may transfer up	30947
to $8,000,000 cash from the Pre-Securitization Tobacco Payments	30948
Fund (Fund 5LS0) to the Tobacco Oversight Administration and	30949
Enforcement Fund (Fund U087).	30950

Sec. 241.10. COM DEPARTMENT OF COMMERCE

30951

General Services Fund Group	30952

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	30953
1630	800637	Information Technology	$	6,011,977	$	6,011,977	30954
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	30955
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	30956
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	30957
TOTAL GSF General Services Fund							30958
Group			$	84,249,523	$	84,249,523	30959

Federal Special Revenue Fund Group	30960

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	30961
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	30962
TOTAL FED Federal Special Revenue							30963
Fund Group			$	2,685,729	$	2,685,729	30964

State Special Revenue Fund Group	30965

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	30966
4H90	800608	Cemeteries	$	266,688	$	266,688	30967
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	30968
5440	800612	Banks	$	6,836,589	$	6,836,589	30969
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	30970
5460	800610	Fire Marshal	$	17,336,990	$	15,976,408	30971
5460	800639	Fire Department Grants	$	2,198,802	$	~~2,198,802~~ 5,198,802	30972
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	30973
5480	800611	Real Estate Recovery	$	50,000	$	50,000	30974
5490	800614	Real Estate	$	3,310,412	$	3,310,412	30975
5500	800617	Securities	$	4,238,814	$	4,238,814	30976
5520	800604	Credit Union	$	3,297,888	$	3,297,888	30977
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	30978
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	30979
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	30980
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	30981
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	30982
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	30983
5PA0	800647	Bustr Revolving Loan Program	$	0	$	3,000,000	30984
5X60	800623	Video Service	$	337,224	$	337,224	30985
6530	800629	UST Registration/Permit Fee	$	~~3,831,888~~ 2,331,888	$	~~3,612,588~~ 2,112,588	30986
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	30987
TOTAL SSR State Special Revenue							30988
Fund Group			$	~~85,430,840~~ 83,930,840	$	~~84,198,259~~ 88,698,259	30989

Liquor Control Fund Group	30990

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	557,974	$	372,661	30991
5LN0	800645	Liquor Operating Services	$	13,949,342	$	9,316,535	30992
TOTAL LCF Liquor Control							30993
Fund Group			$	14,507,316	$	9,689,196	30994
TOTAL ALL BUDGET FUND GROUPS			$	~~186,873,408~~ 185,373,408	$	~~180,822,707~~ 185,322,707	30995

ADMINISTRATIVE ASSESSMENTS

30996

Notwithstanding any other provision of law to the contrary,	30997
the Division of Administration Fund (Fund 1630) is entitled to	30998
receive assessments from all operating funds of the Department in	30999
accordance with procedures prescribed by the Director of Commerce	31000
and approved by the Director of Budget and Management.	31001

UNCLAIMED FUNDS PAYMENTS

31002

The foregoing appropriation item 800625, Unclaimed	31003
Funds-Claims, shall be used to pay claims under section 169.08 of	31004
the Revised Code. If it is determined that additional amounts are	31005
necessary, the amounts are appropriated.	31006

FIRE DEPARTMENT GRANTS

31007

Of the foregoing appropriation item 800639, Fire Department	31008
Grants, up to $2,198,802 in ~~each~~ fiscal year 2014 and $5,198,802	31009
in fiscal year 2015 shall be used to make annual grants to the	31010
following eligible recipients: volunteer fire departments, fire	31011
departments that serve one or more small municipalities or small	31012
townships, joint fire districts comprised of fire departments that	31013
primarily serve small municipalities or small townships, local	31014
units of government responsible for such fire departments, and	31015
local units of government responsible for the provision of fire	31016
protection services for small municipalities or small townships.	31017
For the purposes of these grants, a private fire company, as that	31018
phrase is defined in section 9.60 of the Revised Code, that is	31019
providing fire protection services under a contract to a political	31020
subdivision of the state, is an additional eligible recipient for	31021
a training grant.	31022

Eligible recipients that consist of small municipalities or	31023
small townships that all intend to contract with the same fire	31024
department or private fire company for fire protection services	31025
may jointly apply and be considered for a grant. If a joint	31026
applicant is awarded a grant, the State Fire Marshal shall, if	31027
feasible, proportionately award the grant and any equipment	31028
purchased with grant funds to each of the joint applicants based	31029
upon each applicant's contribution to and demonstrated need for	31030
fire protection services.	31031

If the grant awarded to joint applicants is an equipment	31032
grant and the equipment to be purchased cannot be readily	31033
distributed or possessed by multiple recipients, each of the joint	31034
applicants shall be awarded by the State Fire Marshal an ownership	31035
interest in the equipment so purchased in proportion to each	31036
applicant's contribution to and demonstrated need for fire	31037
protection services. The joint applicants shall then mutually	31038
agree on how the equipment is to be maintained, operated, stored,	31039
or disposed of. If, for any reason, the joint applicants cannot	31040
agree as to how jointly owned equipment is to be maintained,	31041
operated, stored, or disposed of or any of the joint applicants no	31042
longer maintain a contract with the same fire protection service	31043
provider as the other applicants, then the joint applicants shall,	31044
with the assistance of the State Fire Marshal, mutually agree as	31045
to how the jointly owned equipment is to be maintained, operated,	31046
stored, disposed of, or owned. If the joint applicants cannot	31047
agree how the grant equipment is to be maintained, operated,	31048
stored, disposed of, or owned, the State Fire Marshal may, in its	31049
discretion, require all of the equipment acquired by the joint	31050
applicants with grant funds to be returned to the State Fire	31051
Marshal. The State Fire Marshal may then award the returned	31052
equipment to any eligible recipients. For this paragraph only, an	31053
"equipment grant" also includes a MARCS Grant.	31054

Except as otherwise provided in this section, the grants	31055
shall be used by recipients to purchase firefighting or rescue	31056
equipment or gear or similar items, to provide full or partial	31057
reimbursement for the documented costs of firefighter training,	31058
or, at the discretion of the State Fire Marshal, to cover fire	31059
department costs for providing fire protection services in that	31060
grant recipient's jurisdiction.	31061

Of the foregoing appropriation item 800639, Fire Department	31062
Grants, up to $500,000 per fiscal year may be used to pay for the	31063
State Fire Marshal's costs of providing firefighter I	31064
certification classes or other firefighter classes approved by the	31065
Department of Public Safety in accordance with section 4765.55 of	31066
the Revised Code at no cost to selected students attending the	31067
Ohio Fire Academy or other class providers approved by the State	31068
Fire Marshal. The State Fire Marshal may establish the	31069
qualifications and selection processes for students to attend such	31070
classes by written policy, and such students shall be considered	31071
eligible recipients of fire department grants for the purposes of	31072
this portion of the grant program.	31073

For purposes of this section, a MARCS Grant is a grant for	31074
systems, equipment, or services that are a part of, integrated	31075
into, or otherwise interoperable with the Multi-Agency Radio	31076
Communication System (MARCS) operated by the state.	31077

Of the foregoing appropriation item 800639, Fire Department	31078
Grants, up to $3,000,000 in fiscal year 2015 may be used for MARCS	31079
Grants. MARCS Grants may be used for the payment of user access	31080
fees by the eligible recipient to access MARCS.	31081

MARCS Grant awards may be up to $50,000 in fiscal year 2015	31082
per eligible recipient. Each eligible recipient may only apply, as	31083
a separate entity or as a part of a joint application, for one	31084
MARCS Grant per fiscal year. Eligible recipients that are or were	31085
awarded fire department grants that are not MARCS Grants may also	31086
apply for and receive MARCS Grants in accordance with criteria for	31087
the awarding of grant funds established by the State Fire Marshal.	31088

Grant awards for firefighting or rescue equipment or gear or	31089
for fire department costs of providing fire protection services	31090
shall be up to $15,000 per fiscal year, or up to $25,000 per	31091
fiscal year if an eligible entity serves a jurisdiction in which	31092
the Governor declared a natural disaster during the preceding or	31093
current fiscal year in which the grant was awarded. In addition to	31094
any grant funds awarded for rescue equipment or gear, or for fire	31095
department costs associated with the provision of fire protection	31096
services, an eligible entity may receive a grant for up to $15,000	31097
per fiscal year for full or partial reimbursement of the	31098
documented costs of firefighter training. For each fiscal year,	31099
the State Fire Marshal shall determine the total amounts to be	31100
allocated for each eligible purpose.	31101

The grant program shall be administered by the State Fire	31102
Marshal in accordance with rules the State Fire Marshal adopts as	31103
part of the state fire code adopted pursuant to section 3737.82 of	31104
the Revised Code that are necessary for the administration and	31105
operation of the grant program. The rules may further define the	31106
entities eligible to receive grants and establish criteria for the	31107
awarding and expenditure of grant funds, including methods the	31108
State Fire Marshal may use to verify the proper use of grant funds	31109
or to obtain reimbursement for or the return of equipment for	31110
improperly used grant funds. To the extent consistent with this	31111
section and until such time as the rules are updated, the existing	31112
rules in the state fire code adopted pursuant to section 3737.82	31113
of the Revised Code for fire department grants under this section	31114
apply to MARCS Grants. Any amounts in appropriation item 800639,	31115
Fire Department Grants, in excess of the amount allocated for	31116
these grants may be used for the administration of the grant	31117
program.	31118

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

31119

The Director of Budget and Management, upon the request of	31120
the Director of Commerce, may transfer up to $500,000 in cash from	31121
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	31122
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	31123
the Division of Real Estate Operating Fund (Fund 5490) during the	31124
biennium ending June 30, 2015.	31125

Sec. 245.10. CEB CONTROLLING BOARD

31126

General Revenue Fund	31127

GRF	911420	Children Services	$	0	$	6,800,000	31128
GRF	911421	Adult Protective Services	$	0	$	10,000,000	31129
GRF	911441	Ballot Advertising Costs	$	475,000	$	475,000	31130
TOTAL GRF General Revenue Fund			$	475,000	$	~~475,000~~ 17,275,000	31131

General Services Fund Group	31132

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	31133
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	31134
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	~~10,475,000~~ 27,275,000	31135

FEDERAL SHARE

31136

In transferring appropriations to or from appropriation items	31137
that have federal shares identified in ~~this act~~Am. Sub. H.B. 59	31138
of the 130th General Assembly, the Controlling Board shall add or	31139
subtract corresponding amounts of federal matching funds at the	31140
percentages indicated by the state and federal division of the	31141
appropriations in ~~this act~~Am. Sub. H.B. 59 of the 130th General	31142
Assembly. Such changes are hereby appropriated.	31143

DISASTER SERVICES

31144

Pursuant to requests submitted by the Department of Public	31145
Safety, the Controlling Board may approve transfers from the	31146
Disaster Services Fund (5E20) to a fund and appropriation item	31147
used by the Department of Public Safety to provide for assistance	31148
to political subdivisions made necessary by natural disasters or	31149
emergencies. These transfers may be requested and approved prior	31150
to the occurrence of any specific natural disasters or emergencies	31151
in order to facilitate the provision of timely assistance. The	31152
Emergency Management Agency of the Department of Public Safety	31153
shall use the funding to fund the State Disaster Relief Program	31154
for disasters that have a written Governor's authorization, and	31155
the State Individual Assistance Program for disasters that have a	31156
written Governor's authorization and is declared by the federal	31157
Small Business Administration. The Ohio Emergency Management	31158
Agency shall publish and make available application packets	31159
outlining procedures for the State Disaster Relief Program and the	31160
State Individual Assistance Program.	31161

Fund 5E20 shall be used by the Controlling Board, pursuant to	31162
requests submitted by state agencies, to transfer cash and	31163
appropriations to any fund and appropriation item for the payment	31164
of state agency disaster relief program expenses for disasters	31165
that have a written Governor's authorization, if the Director of	31166
Budget and Management determines that sufficient funds exist.	31167

Upon the request of the Department of Public Safety, the	31168
Controlling Board may release up to $2,615,000 for Blanchard River	31169
flood mitigation projects.	31170

BALLOT ADVERTISING COSTS

31171

Pursuant to section 3501.17 of the Revised Code, and upon	31172
requests submitted by the Secretary of State, the Controlling	31173
Board shall approve transfers from the foregoing appropriation	31174
item 911441, Ballot Advertising Costs, to appropriation item	31175
050621, Statewide Ballot Advertising, in order to pay for the cost	31176
of public notices associated with statewide ballot initiatives.	31177

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	31178
ELIGIBILITY	31179

A state agency director shall request that the Controlling	31180
Board increase the amount of the agency's capital appropriations	31181
if the director determines such an increase is necessary for the	31182
agency to receive and use funds under the federal American	31183
Recovery and Reinvestment Act of 2009. The Controlling Board may	31184
increase the capital appropriations pursuant to the request up to	31185
the exact amount necessary under the federal act if the Board	31186
determines it is necessary for the agency to receive and use those	31187
federal funds.	31188

CHILDREN SERVICES

31189

Pursuant to Section 751.140 of this act, the Director of Job	31190
and Family Services may seek Controlling Board approval for the	31191
release and transfer of appropriations from the foregoing	31192
appropriation item 911420, Children Services. Upon approval of the	31193
Controlling Board, the Director of Budget and Management shall	31194
transfer appropriations equal to the amount requested to an	31195
appropriation item in the Department of Job and Family Services,	31196
as determined by the Director of Budget and Management. The	31197
transferred appropriations shall be used to implement the	31198
recommendations of the Children Services Funding Workgroup.	31199

ADULT PROTECTIVE SERVICES

31200

Pursuant to Section 751.130 of this act, the Director of Job	31201
and Family Services may seek Controlling Board approval for the	31202
release and transfer of appropriations from the foregoing	31203
appropriation item 911421, Adult Protective Services. Upon	31204
approval of the Controlling Board, the Director of Budget and	31205
Management shall transfer appropriations equal to the amount	31206
requested to an appropriation item in the Department of Job and	31207
Family Services, as determined by the Director of Budget and	31208
Management. The transferred appropriations shall be used to	31209
implement the recommendations of the Adult Protective Services	31210
Funding Workgroup.	31211

Sec. 257.10. DEV DEVELOPMENT SERVICES AGENCY

31212

General Revenue Fund	31213

GRF	195402	Coal Research Operating	$	261,205	$	261,405	31214
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	31215
GRF	195407	Travel and Tourism	$	1,300,000	$	0	31216
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	31217
GRF	195426	Redevelopment Assistance	$	1,968,365	$	468,365	31218
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	31219
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	31220
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	31221
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	31222
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	31223
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	31224
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	31225
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	~~66,511,600~~ 61,911,600	$	~~83,783,000~~ 78,483,000	31226
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	~~15,498,400~~ 13,198,400	$	19,124,500	31227
TOTAL GRF General Revenue Fund			$	~~115,710,145~~ 108,810,145	$	~~135,276,145~~ 129,976,145	31228

General Services Fund Group	31229

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	31230
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	31231
5KN0	195640	Local Government Innovation	$	20,730,986	$	21,900,000	31232
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	31233
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	31234
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	31235
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	31236
TOTAL GSF General Services Fund							31237
Group			$	50,880,986	$	37,050,000	31238

Federal Special Revenue Fund Group	31239

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	31240
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	31241
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	31242
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	31243
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	31244
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	31245
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	31246
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	31247
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	31248
3350	195610	Energy Programs	$	200,000	$	200,000	31249
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	31250
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	31251
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	31252
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	31253
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	31254
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	31255
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	31256
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	31257
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	31258
TOTAL FED Federal Special Revenue							31259
Fund Group			$	417,389,090	$	375,260,494	31260

State Special Revenue Fund Group	31261

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	31262
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	31263
4F20	195639	State Special Projects	$	102,145	$	102,104	31264
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	31265
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	31266
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	31267
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	31268
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	31269
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	31270
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	31271
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	31272
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	31273
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	31274
5MJ0	195683	TourismOhio Administration	$	8,000,000	$	8,000,000	31275
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	31276
6170	195654	Volume Cap Administration	$	32,562	$	32,562	31277
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	31278
TOTAL SSR State Special Revenue							31279
Fund Group			$	474,628,375	$	463,028,371	31280

Facilities Establishment Fund Group	31281

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	31282
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	31283
7010	195665	Research and Development	$	22,000,000	$	22,000,000	31284
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	31285
TOTAL 037 Facilities							31286
Establishment Fund Group			$	90,000,000	$	90,000,000	31287

Clean Ohio Revitalization Fund	31288

7003	195663		Clean Ohio Program		$	950,000		$	950,000		31289
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		31290

Third Frontier Research & Development Fund Group	31291

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	31292
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	31293
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	31294
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	31295
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	31296

Job Ready Site Development Fund Group	31297

7012	195688		Job Ready Site Development		$	800,000		$	800,000		31298
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		31299

Tobacco Master Settlement Agreement Fund Group	31300

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	31301
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	31302
TOTAL ALL BUDGET FUND GROUPS			$	~~1,284,255,191~~ 1,277,355,191	$	~~1,236,271,035~~ 1,230,971,035	31303

Sec. 257.20. COAL RESEARCH OPERATING

31305

The foregoing appropriation item 195402, Coal Research	31306
Operating, shall be used for the operating expenses of the	31307
Community Services Division in support of the Ohio Coal	31308
Development Office.	31309

TRAVEL AND TOURISM

31310

The foregoing appropriation item 195407, Travel and Tourism,	31311
shall be used for marketing the state of Ohio as a tourism	31312
destination and to support administrative expenses and contracts	31313
necessary to market Ohio.	31314

BUSINESS DEVELOPMENT SERVICES

31315

The foregoing appropriation item 195415, Business Development	31316
Services, shall be used for the operating expenses of the Business	31317
Services Division and the regional economic development offices	31318
and for grants for cooperative economic development ventures.	31319

REDEVELOPMENT ASSISTANCE

31320

The foregoing appropriation item 195426, Redevelopment	31321
Assistance, shall be used to fund the costs of administering the	31322
Clean Ohio Revitalization program and other urban revitalization	31323
programs that may be implemented by the Development Services	31324
Agency. Of the foregoing appropriation item 195426, Redevelopment	31325
Assistance, $1,500,000 in fiscal year 2014 shall be used for the	31326
Famicos Foundation.	31327

CDBG OPERATING MATCH

31328

The foregoing appropriation item 195497, CDBG Operating	31329
Match, shall be used as matching funds for grants from the United	31330
States Department of Housing and Urban Development pursuant to the	31331
Housing and Community Development Act of 1974 and regulations and	31332
policy guidelines for the programs pursuant thereto.	31333

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

31334

The foregoing appropriation item 195501, Appalachian Local	31335
Development Districts, shall be used to support four local	31336
development districts. Of the foregoing appropriation amount in	31337
each fiscal year, up to $135,000 shall be allocated to the Ohio	31338
Valley Regional Development Commission, up to $135,000 shall be	31339
allocated to the Ohio Mid-Eastern Government Association, up to	31340
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	31341
Regional Development District, and up to $35,000 shall be	31342
allocated to the Eastgate Regional Council of Governments. Local	31343
development districts receiving funding under this section shall	31344
use the funds for the implementation and administration of	31345
programs and duties under section 107.21 of the Revised Code.	31346

TECHNOLOGY PROGRAMS AND GRANTS

31347

Of the foregoing appropriation item 195532, Technology	31348
Programs and Grants, up to $547,341 in each fiscal year shall be	31349
used for operating expenses incurred in administering the Ohio	31350
Third Frontier pursuant to sections 184.10 to 184.20 of the	31351
Revised Code; up to $13,000,000 in each fiscal year shall be used	31352
for the Thomas Edison Program pursuant to sections 122.28 to	31353
122.38 of the Revised Code, of which not more than ten per cent	31354
shall be used for operating expenses incurred in administering the	31355
program.	31356

BUSINESS ASSISTANCE

31357

The foregoing appropriation item 195533, Business Assistance,	31358
may be used to provide a range of business assistance, including	31359
grants to local organizations to support economic development	31360
activities that promote minority business development, small	31361
business development, entrepreneurship, and exports of Ohio's	31362
goods and services. This appropriation item shall also be used as	31363
matching funds for grants from the United States Small Business	31364
Administration and other federal agencies, pursuant to Public Law	31365
No. 96-302 as amended by Public Law No. 98-395, and regulations	31366
and policy guidelines for the programs pursuant thereto.	31367

APPALACHIA ASSISTANCE

31368

The foregoing appropriation item 195535, Appalachia	31369
Assistance, may be used for the administrative costs of planning	31370
and liaison activities for the Governor's Office of Appalachia, to	31371
provide financial assistance to projects in Ohio's Appalachian	31372
counties, and to pay dues for the Appalachian Regional Commission.	31373
These funds may be used to match federal funds from the	31374
Appalachian Regional Commission.	31375

OHIO-ISRAEL AGRICULTURE INITIATIVE

31376

The foregoing appropriation item 195537, Ohio-Israel	31377
Agricultural Initiative, shall be used for the Ohio-Israel	31378
Agricultural Initiative.	31379

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

31380

The foregoing appropriation line item 195901, Coal Research	31381
and Development General Obligation Debt Service, shall be used to	31382
pay all debt service and related financing costs during the period	31383
July 1, 2013, through June 30, 2015 for obligations issued under	31384
sections 151.01 and 151.07 of the Revised Code.	31385

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	31386
SERVICE	31387

The foregoing appropriation item 195905, Third Frontier	31388
Research & Development General Obligation Debt Service, shall be	31389
used to pay all debt service and related financing costs during	31390
the period from July 1, 2013, through June 30, 2015, on	31391
obligations issued for research and development purposes under	31392
sections 151.01 and 151.10 of the Revised Code.	31393

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

31394

The foregoing appropriation item 195912, Job Ready Site	31395
Development General Obligation Debt Service, shall be used to pay	31396
all debt service and related financing costs during the period	31397
from July 1, 2013, through June 30, 2015, on obligations issued	31398
for job ready site development purposes under sections 151.01 and	31399
151.11 of the Revised Code.	31400

Sec. 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

31401

General Revenue Fund	31402

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	31403
GRF	320415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	31404
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	31405
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	31406
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	31407
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	31408
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	31409
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	31410
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	31411
GRF	653407	Medicaid Services	$	430,056,111	$	437,574,237	31412
TOTAL GRF General Revenue Fund			$	~~524,186,339~~ 523,086,339	$	531,937,865	31413

General Services Fund Group	31414

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		31415
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		31416

Federal Special Revenue Fund Group	31417

3A50	320613	DD Council	$	3,297,656	$	3,324,187	31418
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	31419
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	31420
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	31421
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	31422
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,025,921,683	31423
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	31424
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	31425
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,600,479,531	31426

State Special Revenue Fund Group	31427

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	31428
2210	322620	Supplement Service Trust	$	150,000	$	150,000	31429
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	31430
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	31431
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	31432
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	31433
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	31434
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	31435
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	31436
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	31437
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	31438
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	31439
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	31440
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	31441
TOTAL ALL BUDGET FUND GROUPS			$	~~2,530,404,582~~ 2,529,304,582	$	2,695,314,971	31442

Sec. 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	31444
ICFs/IID	31445

(A) As used in this section:

31446

"Change of operator," "entering operator," "exiting	31447
operator," "ICF/IID," "ICF/IID services," "Medicaid days," "peer	31448
group 1," "peer group 2," "peer group 3," "provider," and	31449
"provider agreement" have the same meanings as in section 5124.01	31450
of the Revised Code.	31451

"Franchise permit fee" means the fee imposed by sections	31452
5168.60 to 5168.71 of the Revised Code.	31453

"Modified per diem rate" means the total per Medicaid day	31454
payment rate calculated for an ICF/IID under division (C) of this	31455
section.	31456

"Unmodified per diem rate" means the total per Medicaid day	31457
payment rate calculated for an ICF/IID under Chapter 5124. of the	31458
Revised Code. In the case of a new ICF/IID, "unmodified per diem	31459
rate" means the initial total per Medicaid day payment rate	31460
calculated for the new ICF/IID under section 5124.151 of the	31461
Revised Code.	31462

(B)(1) This section applies to each ~~ICF/IID~~ provider of an	31463
ICF/IID in peer group 1 or peer group 2 to which any of the	31464
following applies:	31465

~~(1)~~(a) The provider has a valid Medicaid provider agreement	31466
for the ICF/IID on June 30, 2014, and a valid Medicaid provider	31467
agreement for the ICF/IID during fiscal year 2015.	31468

~~(2)~~(b) The ICF/IID undergoes a change of operator that takes	31469
effect during fiscal year 2015, the exiting operator has a valid	31470
Medicaid provider agreement for the ICF/IID on the day immediately	31471
preceding the effective date of the change of operator, and the	31472
entering operator has a valid Medicaid provider agreement for the	31473
ICF/IID during fiscal year 2015.	31474

~~(3)~~(c) The ICF/IID is a new ICF/IID for which the provider	31475
obtains an initial provider agreement during fiscal year 2015.	31476

(2) This section does not apply to a provider of an ICF/IID	31477
in peer group 3.	31478

(C)(1) Except as otherwise provided in this section, an	31479
ICF/IID provider to which this section applies shall be paid, for	31480
ICF/IID services the ICF/IID provides during fiscal year 2015, the	31481
total modified per diem rate determined for the ICF/IID under this	31482
division.	31483

(2) Except in the case of a new ICF/IID, an ICF/IID's total	31484
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	31485
total unmodified per diem rate for that fiscal year with the	31486
following modifications:	31487

(a) In place of the inflation adjustment otherwise made under	31488
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	31489
actual, allowable, per diem other protected costs, excluding the	31490
franchise permit fee, from calendar year 2013 shall be multiplied	31491
by 1.014.	31492

(b) In place of the maximum cost per case-mix unit	31493
established for the ICF/IID's peer group under division (C) of	31494
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	31495
per case-mix unit shall be the ~~following:~~	31496

~~(i) In the case of an ICF/IID with more than eight beds,~~	31497
~~$114.37 or the different amount, if any, specified in a future~~	31498
~~amendment to this section made under division (D)(3) of this~~	31499
~~section;~~	31500

~~(ii) In the case of an ICF/IID with eight or fewer beds,~~	31501
~~$109.09 or the different~~ amount~~, if any, specified in a future~~	31502
~~amendment to this section made~~determined under division (D)(3) of	31503
this section.	31504

(c) In place of the inflation adjustment otherwise calculated	31505
under division (D) of section 5124.19 of the Revised Code for the	31506
purpose of division (A)(1)(b) of that section, an inflation	31507
adjustment of 1.014 shall be used.	31508

(d) In the place of the grouper methodology prescribed, as of	31509
the day immediately before the effective date of this section, in	31510
rules authorized by section 5124.192 of the Revised Code, the new	31511
grouper methodology prescribed in rules authorized by division	31512
(D)(2)(a) of this section shall be used.	31513

(e) In place of the maximum rate for indirect care costs	31514
established for the ICF/IID's peer group under division (C) of	31515
section 5124.21 of the Revised Code, the maximum rate for indirect	31516
care costs for the ICF/IID's peer group shall be the following:	31517

(i) In the case of an ICF/IID ~~with more than eight beds~~in	31518
peer group 1, $68.98;	31519

(ii) In the case of an ICF/IID ~~with eight or fewer beds~~in	31520
peer group 2, $59.60.	31521

(f) In place of the inflation adjustment otherwise calculated	31522
under divisions (D)(1) and (2) of section 5124.21 of the Revised	31523
Code for the purpose of division (B)(1) of that section only, an	31524
inflation adjustment of 1.014 shall be used.	31525

(g) In place of the efficiency incentive otherwise calculated	31526
under division (B)(2) or (3) of section 5124.21 of the Revised	31527
Code, the ICF/IID's efficiency incentive for indirect care costs	31528
shall be the following:	31529

(i) In the case of an ICF/IID ~~with more than eight beds~~in	31530
peer group 1, $3.69;	31531

(ii) In the case of an ICF/IID ~~with eight or fewer beds~~in	31532
peer group 2, $3.19.	31533

(h) The ICF/IID's efficiency incentive for capital costs, as	31534
determined under division (E) of section 5124.17 of the Revised	31535
Code, shall be reduced by 50%.	31536

(3) In the case of a new ICF/IID, the ICF/IID's initial total	31537
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	31538
total unmodified per diem rate for that fiscal year with the	31539
following modifications:	31540

(a) In place of the amount determined under division	31541
(A)(2)(a) of section 5124.151 of the Revised Code, if there are no	31542
cost or resident assessment data for the new ICF/IID, the new	31543
ICF/IID's initial per Medicaid day rate for direct care costs	31544
shall be determined as follows:	31545

(i) Using the costs per case-mix units determined for	31546
ICFs/IID under division (C)(3)(b) of Section 11 of Sub. H.B. 303	31547
of the 129th General Assembly, as amended by ~~this act~~Am. Sub.	31548
H.B. 59 of the 130th General Assembly, determine the median of the	31549
costs per case-mix units of each peer group;	31550

(ii) Multiply the median determined under division	31551
(C)(3)(a)(i) of this section by the median annual average case-mix	31552
score for the new ICF/IID's peer group for calendar year 2013;	31553

(iii) Multiply the product determined under division	31554
(C)(3)(a)(ii) of this section by 1.014.	31555

(b) In place of the amount determined under division (A)(3)	31556
of section 5124.151 of the Revised Code, the new ICF/IID's initial	31557
per Medicaid day rate for indirect care costs shall be the	31558
following:	31559

(i) If the new ICF/IID ~~has more then eight beds~~is in peer	31560
group 1, $68.98;	31561

(ii) If the new ICF/IID ~~has eight or fewer beds~~is in peer	31562
group 2, $59.60.	31563

(c) In place of the amount determined under division (A)(4)	31564
of section 5124.151 of the Revised Code, the new ICF/IID's initial	31565
per Medicaid day rate for other protected costs shall be one	31566
hundred fifteen per cent of the median rate for ICFs/IID	31567
determined under section 5124.23 of the Revised Code with the	31568
modification made under division (C)(2)(a) of this section.	31569

(4) A new ICF/IID's initial total modified per diem rate for	31570
fiscal year 2015 as determined under division (C)(3) of this	31571
section shall be adjusted at the applicable time specified in	31572
division (B) of section 5124.151 of the Revised Code. If the	31573
adjustment affects the ICF/IID's rate for ICF/IID services	31574
provided during fiscal year 2015, the modifications specified in	31575
division (C)(2) of this section apply to the adjustment.	31576

(D)(1) In consultation with the Ohio Provider Resource	31577
Association, Values and Faith Alliance, Ohio Association of County	31578
Boards of Developmental Disabilities, and Ohio Health Care	31579
Association/Ohio Centers for Intellectual Disabilities, the	31580
Director of Developmental Disabilities shall study all of the	31581
following:	31582

(a) Establishing a new grouper methodology to be used when	31583
determining ICFs/IID's case-mix scores for fiscal year 2015;	31584

(b) ~~Whether the amounts specified in division (C)(2)(b)(i)~~	31585
~~and (ii) of this section are set at levels that will avoid or~~	31586
~~minimize rate reductions under division (E) of this section;~~	31587

~~(c)~~ For the purposes of sections 5124.153 and 5124.154 of the	31588
Revised Code, specifying additional diagnoses and special care	31589
needs that individuals must have to meet the criteria for	31590
admission to designated outlier ICFs/IID or units;	31591

~~(d)~~(c) Sources of funding for, or mechanisms to ensure the	31592
budget neutrality of, the additional diagnoses and special care	31593
needs studied under division (D)(1)(c) of this section.	31594

(2) Not later than March 31, 2014, the Director shall adopt	31595
rules under section 5124.03 of the Revised Code to do both of the	31596
following:	31597

(a) Prescribe the following:

31598

(i) If the Director and the organizations with which the	31599
Director consults under division (D)(1) of this section agree, not	31600
later than December 31, 2013, to the terms of a new grouper	31601
methodology to be used when determining ICFs/IID's case-mix scores	31602
for fiscal year 2015, a new methodology that is consistent with	31603
those terms;	31604

(ii) If division (D)(2)(a)(i) of this section does not apply,	31605
a new grouper methodology that provides for six classes based on	31606
data available to the Director on the day immediately before the	31607
effective date of this section.	31608

(b) Specify additional diagnoses and special care needs that	31609
individuals must have to meet the criteria for admission to	31610
designated outlier ICFs/IID or units for the purposes of Medicaid	31611
payment rates under sections 5124.153 and 5124.154 of the Revised	31612
Code.	31613

(3) ~~If the~~The Director and the organizations with which the	31614
Director consults under ~~divisions~~division (D)(1) of this section	31615
~~agree that the amounts specified in divisions~~shall jointly	31616
determine the amount of the maximum cost per case-mix unit to be	31617
used under division (C)(2)(b)~~(i) and (ii)~~ of this section ~~are not~~	31618
~~set at levels that will avoid or minimize~~. To the extent possible,	31619
the amount so determined shall do both of the following:	31620

(a) Avoid rate ~~reductions~~adjustments under division (E) of	31621
this section~~, the Director and organizations shall recommend, not~~	31622
~~later than March 31, 2014, that the General Assembly amend this~~	31623
~~section to revise the amounts. It is the General Assembly's intent~~	31624
~~to amend this section to revise the amounts specified in divisions~~	31625
~~(C)(2)(b)(i) and (ii) of this section if the Director and~~	31626
~~organizations recommend that the amounts be revised~~;	31627

(b) Result in payment of all desk-reviewed, actual, allowable	31628
direct care costs for the same percentage of Medicaid days for	31629
ICFs/IID in peer group 1 as for ICFs/IID in peer group 2 as of	31630
July 1, 2014, based on May 2014 Medicaid days.	31631

(E) If the mean total per diem rate for all ICFs/IID to which	31632
this section applies, weighted by May 2014 Medicaid days and	31633
determined under division (C) of this section as of July 1, 2014,	31634
is other than $282.77, the Department of Developmental	31635
Disabilities shall adjust, for fiscal year 2015, the total per	31636
diem rate for each ICF/IID to which this section applies by a	31637
percentage that is equal to the percentage by which the mean total	31638
per diem rate is greater or less than $282.77.	31639

(F) If the United States Centers for Medicare and Medicaid	31640
Services requires that the franchise permit fee be reduced or	31641
eliminated, the Department of Developmental Disabilities shall	31642
reduce the amount it pays ICF/IID providers under this section as	31643
necessary to reflect the loss to the state of the revenue and	31644
federal financial participation generated from the franchise	31645
permit fee.	31646

(G) The Department of Developmental Disabilities shall follow	31647
this section in determining the rate to be paid ICF/IID providers	31648
subject to this section notwithstanding anything to the contrary	31649
in Chapter 5124. of the Revised Code.	31650

(H) Of the foregoing appropriation items 653407, Medicaid	31651
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	31652
portions shall be used to pay the Medicaid payment rates	31653
determined in accordance with this section for ICF/IID services	31654
provided during fiscal year 2015.	31655

Sec. 263.10. EDU DEPARTMENT OF EDUCATION

31656

General Revenue Fund	31657

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	31658
GRF	200408	Early Childhood Education	$	33,318,341	$	45,318,341	31659
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	31660
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	31661
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	31662
GRF	200424	Policy Analysis	$	328,558	$	328,558	31663
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	31664
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	31665
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	31666
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	31667
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	31668
GRF	200442	Child Care Licensing	$	827,140	$	827,140	31669
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	31670
GRF	200447	GED Testing	$	879,551	$	879,551	31671
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	31672
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	31673
GRF	200464	General Technology Operations	$	192,097	$	192,097	31674
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	31675
GRF	200502	Pupil Transportation	$	505,013,527	$	521,013,527	31676
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	31677
GRF	200511	Auxiliary Services	$	130,499,457	$	138,214,374	31678
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,951,750	$	62,436,882	31679
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	31680
GRF	200545	Career-Technical Education Enhancements	$	9,372,999	$	9,372,999	31681
GRF	200550	Foundation Funding	$	5,808,098,389	$	6,151,463,768	31682
GRF	200566	Literacy Improvement	$	150,000	$	150,000	31683
GRF	200901	Property Tax Allocation - Education	$	~~1,138,800,000~~ 1,126,800,000	$	~~1,156,402,000~~ 1,146,402,000	31684
TOTAL GRF General Revenue Fund			$	~~7,985,459,657~~ 7,973,459,657	$	~~8,397,357,295~~ 8,387,357,295	31685

General Services Fund Group	31686

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	31687
4520	200638	Fees and Refunds	$	500,000	$	500,000	31688
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	31689
5960	200656	Ohio Career Information System	$	529,761	$	529,761	31690
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	31691
5JC0	200654	Adult Career Opportunity Pilot Program	$	0	$	2,500,000	31692
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	31693
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	31694
TOTAL GSF General Services							31695
Fund Group			$	41,764,032	$	~~47,108,544~~ 49,608,544	31696

Federal Special Revenue Fund Group	31697

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	31698
3670	200607	School Food Services	$	8,200,664	$	8,700,149	31699
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	31700
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	31701
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	31702
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	31703
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	31704
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	31705
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	31706
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	31707
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	31708
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	31709
3EK0	200637	Advanced Placement	$	450,000	$	450,000	31710
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	31711
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	31712
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	31713
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	31714
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	31715
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	31716
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	31717
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	31718
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	31719
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	31720
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	31721
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	31722
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	31723
3T40	200613	Public Charter Schools	$	500,000	$	0	31724
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	31725
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	31726
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	31727
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	31728
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	31729
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	31730
TOTAL FED Federal Special							31731
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	31732

State Special Revenue Fund Group	31733

4540	200610	GED Testing	$	1,050,000	$	250,000	31734
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	31735
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	31736
4V70	200633	Interagency Program Support	$	717,725	$	717,725	31737
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	31738
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	31739
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	31740
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	31741
5U20	200685	National Education Statistics	$	300,000	$	300,000	31742
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	31743
TOTAL SSR State Special Revenue							31744
Fund Group			$	53,996,635	$	54,149,635	31745

Lottery Profits Education Fund Group	31746

7017	200612	Foundation Funding	$	775,500,000	$	~~853,000,000~~ 857,700,000	31747
7017	200629	Career Advising and Mentoring	$	0	$	10,000,000	31748
7017	200648	Straight A Fund	$	100,000,000	$	150,000,000	31749
7017	200666	EdChoice Expansion	$	~~8,500,000~~ 3,800,000	$	17,000,000	31750
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	31751
TOTAL LPE Lottery Profits							31752
Education Fund Group			$	~~891,500,000~~ 886,800,000	$	~~1,027,500,000~~ 1,042,200,000	31753

Revenue Distribution Fund Group	31754

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	31755
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	31756
TOTAL RDF Revenue Distribution							31757
Fund Group			$	510,000,000	$	510,000,000	31758
TOTAL ALL BUDGET FUND GROUPS			$	~~11,520,765,322~~ 11,504,065,322	$	~~12,013,518,929~~ 12,020,718,929	31759

Sec. 263.230. FOUNDATION FUNDING

31761

Of the foregoing appropriation item 200550, Foundation	31762
Funding, up to $675,000 in fiscal year 2014 shall be used to	31763
support the work of the College of Education and Human Ecology at	31764
the Ohio State University in reviewing and assessing the alignment	31765
of courses offered through the distance learning clearinghouse	31766
established in sections 3333.81 to 3333.88 of the Revised Code	31767
with the academic content standards adopted under division (A) of	31768
section 3301.079 of the Revised Code.	31769

Of the foregoing appropriation item 200550, Foundation	31770
Funding, up to $40,000,000 in each fiscal year shall be used to	31771
provide additional state aid to school districts, joint vocational	31772
school districts, community schools, and STEM schools for special	31773
education students under division (C)(3) of section 3314.08,	31774
section 3317.0214, division (B) of section 3317.16, and section	31775
3326.34 of the Revised Code, except that the Controlling Board may	31776
increase these amounts if presented with such a request from the	31777
Department of Education at the final meeting of the fiscal year.	31778

Of the foregoing appropriation item 200550, Foundation	31779
Funding, up to $2,000,000 in each fiscal year shall be reserved	31780
for Youth Services tuition payments under section 3317.024 of the	31781
Revised Code.	31782

Of the foregoing appropriation item 200550, Foundation	31783
Funding, up to $3,800,000 in each fiscal year shall be used to	31784
fund gifted education at educational service centers. The	31785
Department shall distribute the funding through the unit-based	31786
funding methodology in place under division (L) of section	31787
3317.024, division (E) of section 3317.05, and divisions (A), (B),	31788
and (C) of section 3317.053 of the Revised Code as they existed	31789
prior to fiscal year 2010.	31790

Of the foregoing appropriation item 200550, Foundation	31791
Funding, up to $43,500,000 in fiscal year 2014 and up to	31792
$40,000,000 in fiscal year 2015 shall be reserved to fund the	31793
state reimbursement of educational service centers under the	31794
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	31795
entitled "EDUCATIONAL SERVICE CENTERS FUNDING"; and up to	31796
$3,500,000 in each fiscal year shall be distributed to educational	31797
service centers for School Improvement Initiatives and, in	31798
consultation with the Governor's Director of 21st Century	31799
Education, for the provision of technical assistance as required	31800
by the Elementary and Secondary Education Act Flexibility waivers	31801
approved for Ohio by the United States Department of Education.	31802
Educational service centers shall be required to support districts	31803
in the development and implementation of their continuous	31804
improvement plans as required in section 3302.04 of the Revised	31805
Code and to provide technical assistance and support in accordance	31806
with Title I of the "No Child Left Behind Act of 2001," 115 Stat.	31807
1425, 20 U.S.C. 6317, as administered pursuant to the Elementary	31808
and Secondary Education Act Flexibility waivers approved for Ohio	31809
by the United States Department of Education.	31810

Of the foregoing appropriation item 200550, Foundation	31811
Funding, up to $20,000,000 in each fiscal year shall be reserved	31812
for payments under sections 3317.026, 3317.027, and 3317.028 of	31813
the Revised Code. If this amount is not sufficient, the Department	31814
of Education shall prorate the payment amounts so that the	31815
aggregate amount allocated in this paragraph is not exceeded.	31816

Of the foregoing appropriation item 200550, Foundation	31817
Funding, up to $2,000,000 in each fiscal year shall be used to pay	31818
career-technical planning districts for the amounts reimbursed to	31819
students, as prescribed in this paragraph. Each career-technical	31820
planning district shall reimburse individuals taking the online	31821
General Educational Development (GED) test for the first time for	31822
application/test fees in excess of $40. Each career-technical	31823
planning district shall designate a site or sites where	31824
individuals may register and take the exam. For each individual	31825
that registers for the exam, the career-technical planning	31826
district shall make available and offer career counseling	31827
services, including information on adult education programs that	31828
are available. Any remaining funds in each fiscal year shall be	31829
reimbursed to the Department of Youth Services and the Department	31830
of Rehabilitation and Correction for individuals in these	31831
facilities who have taken the GED for the first time. The amounts	31832
reimbursed shall not exceed the per-individual amounts reimbursed	31833
to other individuals under this section for each section of the	31834
GED.	31835

Of the foregoing appropriation item 200550, Foundation	31836
Funding, up to $410,000 in each fiscal year shall be used to pay	31837
career-technical planning districts $500 for each student that	31838
receives a journeyman certification, as recognized by the United	31839
States Department of Labor.	31840

Of the foregoing appropriation item 200550, Foundation	31841
Funding, up to $18,713,327 in ~~each~~ fiscal year 2014 and up to	31842
$26,213,327 in fiscal year 2015 shall be used to support school	31843
choice programs.	31844

Of the portion of the funds distributed to the Cleveland	31845
Municipal School District under this section, up to $11,901,887 in	31846
each fiscal year shall be used to operate the school choice	31847
program in the Cleveland Municipal School District under sections	31848
3313.974 to 3313.979 of the Revised Code. Notwithstanding	31849
divisions (B) and (C) of section 3313.978 and division (C) of	31850
section 3313.979 of the Revised Code, up to $1,000,000 in each	31851
fiscal year of this amount shall be used by the Cleveland	31852
Municipal School District to provide tutorial assistance as	31853
provided in division (H) of section 3313.974 of the Revised Code.	31854
The Cleveland Municipal School District shall report the use of	31855
these funds in the district's three-year continuous improvement	31856
plan as described in section 3302.04 of the Revised Code in a	31857
manner approved by the Department of Education.	31858

Of the foregoing appropriation item 200550, Foundation	31859
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay	31860
college-preparatory boarding schools the per pupil boarding amount	31861
pursuant to section 3328.34 of the Revised Code.	31862

Of the foregoing appropriation item 200550, Foundation	31863
Funding, up to $500,000 in each fiscal year shall be used to	31864
support Jobs for Ohio's Graduates.	31865

Of the foregoing appropriation item 200550, Foundation	31866
Funding, up to $250,000 in fiscal year 2015 may be used for	31867
payment of the Post-Secondary Enrollment Options Program for	31868
students instructed at home pursuant to section 3321.04 of the	31869
Revised Code.	31870

Of the foregoing appropriation item 200550, Foundation	31871
Funding, up to $5,000,000 in fiscal year 2014 shall be used to	31872
reimburse school districts for the full amount deducted in that	31873
year under section 3310.55 of the Revised Code for Jon Peterson	31874
Scholarships awarded under sections 3310.51 to 3310.64 of the	31875
Revised Code to students who did not attend a public school in	31876
their resident district in the previous school year. If this	31877
amount is not sufficient, the Department of Education shall	31878
prorate the payment amounts so that the aggregate amount	31879
appropriated in this paragraph is not exceeded.	31880

Of the foregoing appropriation item 200550, Foundation	31881
Funding, an amount shall be available in each fiscal year to be	31882
paid to joint vocational school districts in accordance with	31883
division (A) of section 3317.16 of the Revised Code and the	31884
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	31885
entitled "TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	31886
DISTRICTS."	31887

Of the foregoing appropriation item 200550, Foundation	31888
Funding, up to $700,000 in each fiscal year shall be used by the	31889
Department of Education for a program to pay for educational	31890
services for youth who have been assigned by a juvenile court or	31891
other authorized agency to any of the facilities described in	31892
division (A) of the section of ~~this act~~Am. Sub. H.B. 59 of the	31893
130th General Assembly entitled "PRIVATE TREATMENT FACILITY	31894
PROJECT."	31895

Of the foregoing appropriation item 200550, Foundation	31896
Funding, up to $675,000 in fiscal year 2015 shall be used to	31897
provide grants on a competitive basis to public and chartered	31898
nonpublic schools for their participation in the electronic	31899
textbook pilot project. These funds shall be administered as	31900
provided under the section of ~~this act~~Am. Sub. H.B. 59 of the	31901
130th General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.	31902

Of the foregoing appropriation item 200550, Foundation	31903
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000	31904
in fiscal year 2015 shall be used for the New Leaders for Ohio	31905
Schools Pilot Project in accordance with Section 733.40 of ~~this~~	31906
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly.	31907

The remainder of appropriation item 200550, Foundation	31908
Funding, shall be used to distribute the amounts calculated for	31909
formula aid under section 3317.022 of the Revised Code and the	31910
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	31911
entitled "TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED	31912
VILLAGE SCHOOL DISTRICTS."	31913

Appropriation items 200502, Pupil Transportation, 200540,	31914
Special Education Enhancements, and 200550, Foundation Funding,	31915
other than specific set-asides, are collectively used in each	31916
fiscal year to pay state formula aid obligations for school	31917
districts, community schools, STEM schools, college preparatory	31918
boarding schools, and joint vocational school districts under ~~this~~	31919
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly. The first	31920
priority of these appropriation items, with the exception of	31921
specific set-asides, is to fund state formula aid obligations. It	31922
may be necessary to reallocate funds among these appropriation	31923
items or use excess funds from other general revenue fund	31924
appropriation items in the Department of Education's budget in	31925
each fiscal year, in order to meet state formula aid obligations.	31926
If it is determined that it is necessary to transfer funds among	31927
these appropriation items or to transfer funds from other General	31928
Revenue Fund appropriations in the Department of Education's	31929
budget to meet state formula aid obligations, the Department of	31930
Education shall seek approval from the Controlling Board to	31931
transfer funds as needed.	31932

The Superintendent of Public Instruction shall make payments,	31933
transfers, and deductions, as authorized by Title XXXIII of the	31934
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	31935
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	31936
amounts substantially equal to those made in the prior year, or	31937
otherwise, at the discretion of the Superintendent, until at least	31938
the effective date of the amendments and enactments made to Title	31939
XXXIII by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly.	31940
If a new school district, community school, or STEM school opens	31941
prior to the effective date of ~~this act~~Am. Sub. H.B. 59 of the	31942
130th General Assembly, the Department of Education shall pay to	31943
the district or school an amount of $5,000 per pupil, based upon	31944
the estimated number of students that the district or school is	31945
expected to serve. Any funds paid to districts or schools under	31946
this section shall be credited toward the annual funds calculated	31947
for the district or school after the changes made to Title XXXIII	31948
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly are	31949
effective. Upon the effective date of changes made to Title XXXIII	31950
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, funds	31951
shall be calculated as an annual amount.	31952

Sec. 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND	31953
EXEMPTED VILLAGE SCHOOL DISTRICTS	31954

The Department of Education shall distribute funds within	31955
appropriation item 200550, Foundation Funding, for temporary	31956
transitional aid in each fiscal year to each qualifying city,	31957
local, and exempted village school district.	31958

(A) For fiscal years 2014 and 2015, the Department shall pay	31959
temporary transitional aid to each city, local, or exempted	31960
village school district that experiences any decrease in its state	31961
foundation funding for the current fiscal year from its	31962
transitional aid guarantee base. The amount of the temporary	31963
transitional aid payment shall equal the difference between its	31964
foundation funding for the current fiscal year and its	31965
transitional aid guarantee base. If the computation made under	31966
this division results in a negative number, the district's funding	31967
under this division shall be zero.	31968

(1) As used in this section, foundation funding for each	31969
city, local, and exempted village school district for a given	31970
fiscal year equals the sum of the amount calculated for the	31971
district under section 3317.022 of the Revised Code, as re-enacted	31972
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, and	31973
the amounts calculated for the district under divisions (G)(1) and	31974
(2) of section 3317.0212 of the Revised Code, as amended by ~~this~~	31975
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly, for that	31976
fiscal year.	31977

(2) The transitional aid guarantee base for each city, local,	31978
and exempted village school district equals the sum of the amounts	31979
computed for the district for fiscal year 2013, under Sections	31980
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	31981
129th General Assembly. The Department of Education shall adjust,	31982
as necessary, the transitional aid guarantee base of any local	31983
school district that participates in the establishment of a joint	31984
vocational school district that begins receiving payments under	31985
section 3317.16 of the Revised Code, as re-enacted by ~~this act~~Am.	31986
Sub. H.B. 59 of the 130th General Assembly, for fiscal year 2014	31987
or fiscal year 2015, but does not receive payments under Section	31988
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for	31989
fiscal year 2013. The Department shall adjust any such local	31990
school district's guarantee base according to the amounts received	31991
by the district in fiscal year 2013 for career-technical education	31992
students who attend the newly established joint vocational school	31993
district in fiscal year 2014 or fiscal year 2015.	31994

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	31995
as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	31996
Assembly, in fiscal year 2014, no city, local, or exempted village	31997
school district shall be allocated foundation funding that is	31998
greater than 1.0625 times the district's transitional aid	31999
guarantee base.	32000

(2) Notwithstanding section 3317.022 of the Revised Code, as	32001
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	32002
Assembly, in fiscal year 2015, no city, local, or exempted village	32003
school district shall be allocated foundation funding that is	32004
greater than 1.105 times the district's fiscal year 2014 base,	32005
which is the amount computed for foundation funding for the	32006
district for fiscal year 2014 plus any amount calculated for	32007
temporary transitional aid for fiscal year 2014 under division (A)	32008
of this section and after any reductions made for fiscal year 2014	32009
under division (B)(1) of this section. The Department shall	32010
adjust, as necessary, the fiscal year 2014 base of any local	32011
school district that participates in the establishment of a joint	32012
vocational school district that begins receiving payments under	32013
section 3317.16 of the Revised Code for fiscal year 2015, but does	32014
not receive such payments for fiscal year 2014. The Department	32015
shall adjust any such local school district's fiscal year 2014	32016
base according to the amounts received by the district in fiscal	32017
year 2014 for career-technical education students who attend the	32018
newly established joint vocational school district in fiscal year	32019
2015.	32020

(3) The Department shall reduce a district's payments under	32021
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	32022
of the Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of	32023
the 130th General Assembly, and divisions (G)(1) and (2) of	32024
section 3317.0212 of the Revised Code, as amended by ~~this act~~Am.	32025
Sub. H.B. 59 of the 130th General Assembly, proportionately as	32026
necessary in order to comply with this division. If those amounts	32027
are insufficient, the Department shall proportionately reduce a	32028
district's payments under divisions (A)(3), (8), and (9) of	32029
section 3317.022 of the Revised Code, as re-enacted by ~~this act~~	32030
Am. Sub. H.B. 59 of the 130th General Assembly.	32031

Sec. 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	32032
VOCATIONAL SCHOOL DISTRICTS	32033

The Department of Education shall distribute funds within	32034
appropriation item 200550, Foundation Funding, for temporary	32035
transitional aid in each fiscal year to each qualifying joint	32036
vocational school district.	32037

(A) For fiscal years 2014 and 2015, the Department shall pay	32038
temporary transitional aid to each joint vocational school	32039
district that experiences any decrease in its state core	32040
foundation funding under division (A) of section 3317.16 of the	32041
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	32042
130th General Assembly, for the current fiscal year from its	32043
transitional aid guarantee base. The amount of the temporary	32044
transitional aid payment shall equal the difference between the	32045
district's funding under division (A) of section 3317.16 of the	32046
Revised Code for the current fiscal year and its transitional aid	32047
guarantee base. If the computation made under this division	32048
results in a negative number, the district's funding under this	32049
division shall be zero.	32050

The transitional aid guarantee base for each joint vocational	32051
school district equals the amount computed for the district for	32052
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	32053
the 129th General Assembly. The Department of Education shall	32054
establish, as necessary, the transitional aid guarantee base of	32055
any joint vocational school district that begins receiving	32056
payments under section 3317.16 of the Revised Code, as re-enacted	32057
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, for	32058
fiscal year 2014 or fiscal year 2015, but does not receive	32059
payments under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th	32060
General Assembly, for fiscal year 2013. The Department shall	32061
establish any such joint vocational school district's guarantee	32062
base as an amount equal to the absolute value of the sum of the	32063
associated adjustments of any local school districts' guarantee	32064
bases under Section 263.240 of ~~this act~~Am. Sub. H.B. 59 of the	32065
130th General Assembly.	32066

(B)(1) Notwithstanding division (A) of section 3317.16 of the	32067
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	32068
130th General Assembly, in fiscal year 2014, no joint vocational	32069
school district shall be allocated state core foundation funding,	32070
as computed under division (A) of section 3317.16 of the Revised	32071
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	32072
General Assembly, that is greater than 1.0625 times the district's	32073
transitional aid guarantee base.	32074

(2) Notwithstanding division (A) of section 3317.16 of the	32075
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	32076
130th General Assembly, in fiscal year 2015, no joint vocational	32077
school district shall be allocated state core foundation funding,	32078
under division (A) of section 3317.16 of the Revised Code, as	32079
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	32080
Assembly, that is greater than 1.105 times the district's fiscal	32081
year 2014 base, which is the amount computed for state core	32082
foundation funding for the district for fiscal year 2014 under	32083
division (A) of section 3317.16 of the Revised Code, as re-enacted	32084
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, plus	32085
any amount calculated for temporary transitional aid for fiscal	32086
year 2014 under division (A) of this section and after any	32087
reductions made for fiscal year 2014 under division (B)(1) of this	32088
section. The Department shall establish, as necessary, the fiscal	32089
year 2014 base of any joint vocational school district that begins	32090
receiving payments under section 3317.16 of the Revised Code for	32091
fiscal year 2015, but does not receive such payments for fiscal	32092
year 2014. The Department shall establish any such joint	32093
vocational school district's fiscal year 2014 base as an amount	32094
equal to the absolute value of the sum of the associated	32095
adjustments of any local school district's fiscal year 2014 base	32096
under division (B)(2) of Section 263.240 of Am. Sub. H.B. 59 of	32097
the 130th General Assembly.	32098

(3) The Department shall reduce a district's payments under	32099
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	32100
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	32101
General Assembly, proportionately as necessary in order to comply	32102
with this division. If those amounts are insufficient, the	32103
Department shall proportionately reduce a district's payments	32104
under divisions (A)(2), (5), and (6) of section 3317.16 of the	32105
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	32106
130th General Assembly.	32107

Sec. 263.270. TEACHER CERTIFICATION AND LICENSURE

32108

The foregoing appropriation item 200681, Teacher	32109
Certification and Licensure, shall be used by the Department of	32110
Education in each year of the biennium to administer and support	32111
teacher certification and licensure activities.	32112

SCHOOL DISTRICT SOLVENCY ASSISTANCE

32113

(A) Of the foregoing appropriation item 200687, School	32114
District Solvency Assistance, $20,000,000 in each fiscal year	32115
shall be allocated to the School District Shared Resource Account	32116
and $5,000,000 in each fiscal year shall be allocated to the	32117
Catastrophic Expenditures Account. These funds shall be used to	32118
provide assistance and grants to school districts to enable them	32119
to remain solvent under section 3316.20 of the Revised Code.	32120
Assistance and grants shall be subject to approval by the	32121
Controlling Board. Except as provided under division (C) of this	32122
section, any required reimbursements from school districts for	32123
solvency assistance shall be made to the appropriate account in	32124
the School District Solvency Assistance Fund (Fund 5H30).	32125

(B) Notwithstanding any provision of law to the contrary,	32126
upon the request of the Superintendent of Public Instruction, the	32127
Director of Budget and Management may make transfers to the School	32128
District Solvency Assistance Fund (Fund 5H30) from any fund used	32129
by the Department of Education or the General Revenue Fund to	32130
maintain sufficient cash balances in Fund 5H30 in fiscal years	32131
2014 and 2015. Any cash transferred is hereby appropriated. The	32132
transferred cash may be used by the Department of Education to	32133
provide assistance and grants to school districts to enable them	32134
to remain solvent and to pay unforeseeable expenses of a temporary	32135
or emergency nature that the school district is unable to pay from	32136
existing resources. The Director of Budget and Management shall	32137
notify the members of the Controlling Board of any such transfers.	32138

(C) If the cash balance of the School District Solvency	32139
Assistance Fund (Fund 5H30) is insufficient to pay solvency	32140
assistance in fiscal years 2014 and 2015, at the request of the	32141
Superintendent of Public Instruction, and with the approval of the	32142
Controlling Board, the Director of Budget and Management may	32143
transfer cash from the Lottery Profits Education Reserve Fund	32144
(Fund 7018) to Fund 5H30 to provide assistance and grants to	32145
school districts to enable them to remain solvent and to pay	32146
unforeseeable expenses of a temporary nature that they are unable	32147
to pay from existing resources under section 3316.20 of the	32148
Revised Code. Such transfers are hereby appropriated to	32149
appropriation item 200670, School District Solvency Assistance –	32150
Lottery. Any required reimbursements from school districts for	32151
solvency assistance granted from appropriation item 200670, School	32152
District Solvency Assistance – Lottery, shall be made to Fund	32153
7018.	32154

ADULT CAREER OPPORTUNITY PILOT PROGRAM

32155

The foregoing appropriation item 200654, Adult Career	32156
Opportunity Pilot Program, shall be used by the Superintendent of	32157
Public Instruction to award and administer planning grants for the	32158
Adult Career Opportunity Pilot Program established in section	32159
3313.902 of the Revised Code. The Superintendent may award grants	32160
of up to $500,000 to not more than five eligible institutions. The	32161
grants shall be used by selected eligible institutions to build	32162
capacity to implement the program beginning in the 2015-2016	32163
academic year.	32164

The Superintendent of Public Instruction and the Chancellor,	32165
or their designees, shall develop an application process to award	32166
these grants to eligible institutions geographically dispersed	32167
across the state. Any remaining appropriation after providing	32168
grants to eligible institutions may be used to provide technical	32169
assistance to eligible institutions receiving the grant.	32170

The Superintendent, in consultation with the Chancellor, the	32171
Governor's Office of Workforce Transformation, the Ohio	32172
Association of Community Colleges, Ohio Technical Centers, Adult	32173
Basic and Literacy Education programs, and other interested	32174
parties as deemed necessary, or their designees, shall develop	32175
recommendations for the method of funding and other associated	32176
requirements for the Adult Career Opportunity Pilot Program. The	32177
Superintendent shall provide a report of the recommendations to	32178
the Governor, the President of the Senate, and the Speaker of the	32179
House of Representatives by December 31, 2014.	32180

As used in this section, "eligible institution" has the same	32181
meaning as in section 3313.902 of the Revised Code.	32182

Sec. 263.320. LOTTERY PROFITS EDUCATION FUND

32183

Appropriation item 200612, Foundation Funding (Fund 7017),	32184
shall be used in conjunction with appropriation item 200550,	32185
Foundation Funding (GRF), to provide state foundation payments to	32186
school districts.	32187

The Department of Education, with the approval of the	32188
Director of Budget and Management, shall determine the monthly	32189
distribution schedules of appropriation item 200550, Foundation	32190
Funding (GRF), and appropriation item 200612, Foundation Funding	32191
(Fund 7017). If adjustments to the monthly distribution schedule	32192
are necessary, the Department of Education shall make such	32193
adjustments with the approval of the Director of Budget and	32194
Management.	32195

CAREER ADVISING AND MENTORING PROGRAM

32196

The foregoing appropriation item 200629, Career Advising and	32197
Mentoring, shall be used by the State Superintendent of Public	32198
Instruction to create the Career Advising and Mentoring Grant	32199
Program. The Superintendent shall develop guidelines for the	32200
grants. The program shall award competitive matching grants to	32201
provide funding for local networks of volunteers and organizations	32202
to sponsor career advising and mentoring for students in eligible	32203
school districts. Each grant award shall match up to three times	32204
the funds allocated to the project by the local network. Eligible	32205
school districts are those with a high percentage of students in	32206
poverty, a high number of students not graduating on time, and	32207
other criteria as determined by the State Superintendent. Eligible	32208
school districts shall partner with members of the business	32209
community, civic organizations, or the faith-based community to	32210
provide sustainable career advising and mentoring services.	32211

STRAIGHT A FUND

32212

Of the foregoing appropriation item 200648, Straight A Fund,	32213
up to $70,000 in each fiscal year shall be used by Kids Unlimited	32214
of Toledo for quality after-school tutoring and mentoring programs	32215
in two elementary school buildings in Lucas County. The school	32216
buildings may include any community school, chartered nonpublic	32217
school, or building that is part of a city, local, or exempted	32218
village school district. Kids Unlimited of Toledo shall provide	32219
local matching funds equal to the set-aside.	32220

Of the foregoing appropriation item 200648, Straight A Fund,	32221
up to $250,000 in each fiscal year may be used to make competitive	32222
grants in accordance with Section 263.324 of this act.	32223

Of the foregoing appropriation item 200648, Straight A Fund,	32224
up to $6,000,000 in fiscal year 2014 shall be distributed to the	32225
Cleveland Municipal School District to be used, as determined by	32226
the Department of Education, to implement provisions of Am. Sub.	32227
H.B. 525 of the 129th General Assembly.	32228

Of the foregoing appropriation item 200648, Straight A Fund,	32229
up to $5,000,000 in each fiscal year shall be provided to school	32230
districts that meet the conditions prescribed in division (G)(3)	32231
of section 3317.0212 of the Revised Code to support innovations	32232
that improve the efficiency of pupil transportation. This may	32233
include, but is not limited to, the purchase of buses and other	32234
equipment. The Department of Education shall distribute these	32235
funds to districts based on each district's qualifying ridership	32236
as reported under division (B) of section 3317.0212 of the Revised	32237
Code.	32238

The remainder of appropriation item 200648, Straight A Fund,	32239
shall be used to make competitive grants in accordance with	32240
Section 263.325 of this act.	32241

EDCHOICE EXPANSION

32242

The foregoing appropriation item 200666, EdChoice Expansion,	32243
shall be used as follows:	32244

(A) In fiscal year 2014, notwithstanding section 3310.032 of	32245
the Revised Code, the Department of Education shall administer an	32246
expansion of the Educational Choice Scholarship program as	32247
follows:	32248

(1) A student is an "eligible student" for purposes of the	32249
expansion of the Educational Choice Scholarship Pilot Program	32250
under division (A) of this section if the student's resident	32251
district is not a school district in which the pilot project	32252
scholarship program is operating under sections 3313.974 to	32253
3313.979 of the Revised Code and the student's family income is at	32254
or below two hundred per cent of the federal poverty guidelines,	32255
as defined in section 5101.46 of the Revised Code.	32256

(2) The Department shall pay scholarships to attend chartered	32257
nonpublic schools in accordance with section 3310.08 of the	32258
Revised Code. The number of scholarships awarded under division	32259
(A) of this section shall not exceed the number that can be funded	32260
with appropriations made by the general assembly for this purpose.	32261

(3) Scholarships under division (A) of this section shall be	32262
awarded for the 2013-2014 school year, to eligible students who	32263
are entering kindergarten in that school year for the first time.	32264

(4) If the number of eligible students who apply for a	32265
scholarship exceeds the scholarships available based on the	32266
appropriation for division (A) of this section, the department	32267
shall award scholarships in the following order of priority:	32268

(a) First, to eligible students with family incomes at or	32269
below one hundred per cent of the federal poverty guidelines.	32270

(b) Second, to other eligible students who qualify under	32271
division (A) of this section. If the number of students described	32272
in division (A)(4)(b) of this section exceeds the number of	32273
available scholarships after awards are made under division	32274
(A)(4)(a) of this section, the department shall select students	32275
described in division (A)(4)(b) of this section by lot to receive	32276
any remaining scholarships.	32277

(5) A student who receives a scholarship under division (A)	32278
of this section remains an eligible student and may continue to	32279
receive scholarships under section 3310.032 of the Revised Code in	32280
subsequent school years until the student completes grade twelve,	32281
so long as the student satisfies the conditions specified in	32282
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	32283

Once a scholarship is awarded under this section, the student	32284
shall remain eligible for that scholarship for the current and	32285
subsequent school years, even if the student's family income rises	32286
above the amount specified in division (A) of section 3310.032 of	32287
the Revised Code, provided the student remains enrolled in a	32288
chartered nonpublic school.	32289

(B) In fiscal year 2015, to provide for the scholarships	32290
awarded under the expansion of the educational choice program	32291
established under section 3310.032 of the Revised Code. The number	32292
of scholarships awarded under the expansion of the educational	32293
choice program shall not exceed the number that can be funded with	32294
the appropriations made by the General Assembly for this purpose.	32295

COMMUNITY SCHOOL FACILITIES

32296

The foregoing appropriation item 200684, Community School	32297
Facilities, shall be used to pay each community school established	32298
under Chapter 3314. of the Revised Code that is not an internet-	32299
or computer-based community school and each STEM school	32300
established under Chapter 3326. of the Revised Code an amount	32301
equal to $100 for each full-time equivalent pupil for assistance	32302
with the cost associated with facilities. If the amount	32303
appropriated is not sufficient, the Department of Education shall	32304
prorate the amounts so that the aggregate amount appropriated is	32305
not exceeded.	32306

Sec. 263.325. (A) The Straight A Program is hereby created	32307
for fiscal years 2014 and 2015 to provide grants to city, local,	32308
exempted village, and joint vocational school districts,	32309
educational service centers, community schools established under	32310
Chapter 3314., STEM schools established under Chapter 3326.,	32311
college-preparatory boarding schools established under Chapter	32312
3328. of the Revised Code, individual school buildings, education	32313
consortia (which may represent a partnership among school	32314
districts, school buildings, community schools, or STEM schools),	32315
institutions of higher education, and private entities partnering	32316
with one or more of the educational entities identified in this	32317
division for projects that aim to achieve significant advancement	32318
in one or more of the following goals:	32319

(1) Student achievement;

32320

(2) Spending reduction in the five-year fiscal forecast	32321
required under section 5705.391 of the Revised Code;	32322

(3) Utilization of a greater share of resources in the	32323
classroom.	32324

(B)(1) Grants shall be awarded by a nine-member governing	32325
board consisting of the Superintendent of Public Instruction, or	32326
the Superintendent's designee, four members appointed by the	32327
Governor, two members appointed by the Speaker of the House of	32328
Representatives, and two members appointed by the President of the	32329
Senate. The Department of Education shall provide administrative	32330
support to the board. No member shall be compensated for the	32331
member's service on the board.	32332

(2) The board shall select grant advisors with fiscal	32333
expertise and education expertise. These advisors shall evaluate	32334
proposals from grant applicants and advise the staff administering	32335
the program. No advisor shall be compensated for this service.	32336

(3) The board shall issue an annual report to the Governor,	32337
the Speaker of the House of Representatives, the President of the	32338
Senate, and the chairpersons of the House and Senate committees	32339
that primarily deal with education regarding the types of grants	32340
awarded, the grant recipients, and the effectiveness of the grant	32341
program.	32342

(4) The board shall create a grant application and publish on	32343
the Department's web site the application and timeline for the	32344
submission, review, notification, and awarding of grant proposals.	32345

(5) With the approval of the board, the Department shall	32346
establish a system for evaluating and scoring the grant	32347
applications received under this section.	32348

(C) Each grant applicant shall submit a proposal that	32349
includes all of the following:	32350

(1) A description of the project for which the applicant is	32351
seeking a grant, including a description of how the project will	32352
have substantial value and lasting impact;	32353

(2) An explanation of how the project will be	32354
self-sustaining. If the project will result in increased ongoing	32355
spending, the applicant shall show how the spending will be offset	32356
by verifiable, credible, permanent spending reductions.	32357

(3) A description of quantifiable results of the project that	32358
can be benchmarked.	32359

If an education consortia described in division (A) of this	32360
section applies for a grant, the lead applicant shall be the	32361
school district, school building, community school, or STEM school	32362
that is a member of the consortia and shall so indicate on the	32363
grant application.	32364

(D)(1) Within seventy-five days after receiving a grant	32365
application, the board shall issue a decision on the application	32366
of "yes," "no," "hold," or "edit." In making its decision, the	32367
board shall consider whether the project has the capability of	32368
being replicated in other school districts and schools or creates	32369
something that can be used in other districts and schools. A grant	32370
awarded under this section to a school district, educational	32371
service center, community school, STEM school, college-preparatory	32372
boarding school, individual school building, institution of higher	32373
education, or private entity partnering with one or more of the	32374
educational entities identified in division (A) of this section	32375
shall not exceed $5,000,000 in each fiscal year. A grant awarded	32376
to an education consortia shall not exceed $15,000,000 in each	32377
fiscal year. The Superintendent of Public Instruction may make	32378
recommendations to the Controlling Board that these maximum	32379
amounts be exceeded. Upon Controlling Board approval, grants may	32380
be awarded in excess of these amounts.	32381

(2) If the board issues a "hold" or "edit" decision for an	32382
application, it shall, upon returning the application to the	32383
applicant, specify the process for reconsideration of the	32384
application. An applicant may work with the grant advisors and	32385
staff to modify or improve a grant application.	32386

(E) Upon deciding to award a grant to an applicant, the board	32387
shall enter into a grant agreement with the applicant that	32388
includes all of the following:	32389

(1) The content of the applicant's proposal as outlined under	32390
division (C) of this section;	32391

(2) The project's deliverables and a timetable for their	32392
completion;	32393

(3) Conditions for receiving grant funding;

32394

(4) Conditions for receiving funding in future years if the	32395
contract is a multi-year contract;	32396

(5) A provision specifying that funding will be returned to	32397
the board if the applicant fails to implement the agreement, as	32398
determined by the Auditor of State.	32399

(6) A provision specifying that the agreement may be amended	32400
by mutual agreement between the board and the applicant.	32401

(F) An advisory committee for the Straight A Program is	32402
hereby established. The committee shall consist of not more than	32403
eleven members appointed by the Governor that represent all areas	32404
of the state and different interests. The committee shall annually	32405
review the Straight A Program and provide strategic advice to the	32406
governing board and the Director of the Governor's Office of 21st	32407
Century Education.	32408

(G) Each grant awarded under this section shall be subject to	32409
approval by the Controlling Board prior to execution of the grant	32410
agreement.	32411

(H) Notwithstanding Section 503.50 of Am. Sub. H.B. 59 of the	32412
130th General Assembly, grants awarded under this section may be	32413
used by grant recipients for grant-related expenses incurred for a	32414
period not to exceed two years from the date of the award	32415
according to guidelines established by the Straight A Fund	32416
governing board.	32417

Sec. 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

32418

General Revenue Fund	32419

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		32420
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		32421

General Services Fund Group	32422

1990	715602	Laboratory Services	$	252,153	$	326,029	32423
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	32424
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	32425
4D50	715618	Recycled State Materials	$	50,000	$	50,000	32426
TOTAL GSF General Services							32427
Fund Group			$	13,157,833	$	13,233,709	32428

Federal Special Revenue Fund Group	32429

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	32430
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	32431
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	32432
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	32433
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	32434
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	32435
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	32436
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	32437
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	~~10,000,000~~ 2,500,000	32438
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	32439
3V70	715606	Agencywide Grants	$	600,000	$	600,000	32440
TOTAL FED Federal Special Revenue							32441
Fund Group			$	46,531,800	$	~~46,016,675~~ 38,516,675	32442

State Special Revenue Fund Group	32443

4J00	715638	Underground Injection Control	$	389,126	$	402,697	32444
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	32445
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	32446
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	32447
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	32448
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	32449
4P50	715654	Cozart Landfill	$	100,000	$	100,000	32450
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	32451
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	32452
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	32453
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	32454
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	32455
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	32456
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	32457
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	32458
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	32459
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	32460
5420	715671	Risk Management Reporting	$	208,936	$	214,826	32461
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	32462
5BC0	715617	Clean Ohio	$	611,455	$	611,455	32463
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	32464
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	32465
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	32466
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	32467
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	32468
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	32469
5BC0	715678	Corrective Actions	$	705,423	$	705,423	32470
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	32471
5BC0	715692	Administration	$	10,582,627	$	10,582,627	32472
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	32473
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	32474
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	32475
5H40	715664	Groundwater Support	$	128,212	$	223,212	32476
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	32477
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	32478
6600	715629	Infectious Waste Management	$	88,764	$	88,764	32479
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	32480
6780	715635	Air Toxic Release	$	133,636	$	133,636	32481
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	32482
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	32483
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	32484
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	32485
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	32486

Clean Ohio Conservation Fund Group	32487

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	32488
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	32489
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	~~205,756,723~~ 198,256,723	32490

AREAWIDE PLANNING AGENCIES

32491

The Director of Environmental Protection Agency may award	32492
grants from appropriation item 715687, Areawide Planning Agencies,	32493
to areawide planning agencies engaged in areawide water quality	32494
management and planning activities in accordance with Section 208	32495
of the "Federal Clean Water Act," 33 U.S.C. 1288.	32496

CASH TRANSFERS

32497

On July 1, 2013, or as soon as possible thereafter, the	32498
Director of Budget and Management may transfer up to $11,400,000	32499
cash from the Hazardous Waste Management Fund (Fund 5030) to the	32500
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	32501
corrective action programs that were transferred to the Division	32502
of Environmental Response and Revitalization.	32503

On July 1, 2013, or as soon as possible thereafter, the	32504
Director of Environmental Protection shall certify to the Director	32505
of Budget and Management the cash balance in the Dredge and Fill	32506
Fund (Fund 5N20). The Director of Budget and Management shall	32507
transfer the certified amount from Fund 5N20 to the Surface Water	32508
Protection Fund (Fund 4K40). Any existing encumbrances against	32509
appropriation item 715613, Dredge and Fill, shall be canceled and	32510
reestablished against appropriation item 715650, Surface Water	32511
Protection. The reestablished encumbrance amounts are hereby	32512
appropriated and Fund 5N20 is abolished.	32513

Sec. 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

32514

General Revenue Fund	32515

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	32516
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	32517
GRF	230908	Common Schools General Obligation Debt Service	$	~~351,806,100~~ 332,506,100	$	~~377,364,700~~ 358,364,700	32518
TOTAL GRF General Revenue Fund			$	~~387,408,251~~ 368,108,251	$	~~409,464,951~~ 390,464,951	32519

General Services Fund Group	32520

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		32521
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		32522

State Special Revenue Fund Group	32523

4T80	230603	Community Project Administration	$	200,000	$	200,000	32524
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	32525
TOTAL SSR State Special Revenue							32526
Fund Group			$	8,750,000	$	8,750,000	32527
TOTAL ALL BUDGET FUND GROUPS			$	~~405,621,593~~ 386,321,593	$	~~427,678,293~~ 408,678,293	32528

Sec. 282.30. COMMUNITY PROJECT ADMINISTRATION

32530

The foregoing appropriation item 230603, Community Project	32531
Administration, shall be used by the Ohio Facilities Construction	32532
Commission in administering Cultural and Sports Facilities	32533
Building Fund (Fund 7030) projects pursuant to section 123.201 of	32534
the Revised Code.	32535

TRANSFERS TO CULTURAL FACILITIES ADMINISTRATION FUND

32536

By the tenth day following each calendar quarter in each	32537
fiscal year, or as soon as possible thereafter, the Director of	32538
Budget and Management shall determine the amount of cash, if any,	32539
to be transferred from the Cultural and Sports Facilities Building	32540
Fund (Fund 7030) to the Cultural Facilities Administration Fund	32541
(Fund 4T80).	32542

As soon as possible after each bond issuance made on behalf	32543
of the Facilities Construction Commission, the Director of Budget	32544
and Management shall determine the amount of cash, if any, from	32545
the bond proceeds to be transferred, after all issuance costs have	32546
been paid, from Fund 7030 to Fund 4T80.	32547

Sec. 285.10. DOH DEPARTMENT OF HEALTH

32548

General Revenue Fund	32549

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	32550
GRF	440413	Local Health Departments	$	823,061	$	823,061	32551
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	32552
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	32553
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	32554
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	32555
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	32556
GRF	440451	Public Health Laboratory	$	3,655,449	$	~~3,655,449~~ 4,305,449	32557
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	32558
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	32559
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	32560
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	32561
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	32562
GRF	440467	Access to Dental Care	$	540,484	$	540,484	32563
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	32564
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	32565
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	32566
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	32567
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	32568
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	32569
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	32570
TOTAL GRF General Revenue Fund			$	88,607,614	$	~~88,607,614~~ 89,257,614	32571

State Highway Safety Fund Group	32572

4T40	440603	Child Highway Safety	$	233,894	$	233,894	32573
TOTAL HSF State Highway Safety							32574
Fund Group			$	233,894	$	233,894	32575

General Services Fund Group	32576

1420	440646	Agency Health Services	$	820,998	$	820,998	32577
2110	440613	Central Support Indirect Costs	$	30,615,591	$	~~31,052,469~~ 30,052,469	32578
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	32579
6980	440634	Nurse Aide Training	$	99,265	$	99,265	32580
TOTAL GSF General Services							32581
Fund Group			$	36,535,854	$	~~36,972,732~~ 35,972,732	32582

Federal Special Revenue Fund Group	32583

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	32584
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	32585
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	32586
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	32587
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	32588
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	32589
TOTAL FED Federal Special Revenue							32590
Fund Group			$	455,010,657	$	457,383,142	32591

State Special Revenue Fund Group	32592

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	32593
4710	440619	Certificate of Need	$	878,433	$	878,433	32594
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	32595
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	32596
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	32597
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	32598
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	32599
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	32600
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	32601
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	32602
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	32603
5CN0	440645	Choose Life	$	75,000	$	75,000	32604
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	32605
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	32606
5G40	440639	Adoption Services	$	20,000	$	20,000	32607
5PE0	440659	Breast and Cervical Cancer Services	$	0	$	100,000	32608
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	32609
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	32610
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	32611
TOTAL SSR State Special Revenue							32612
Fund Group			$	68,601,542	$	~~68,946,022~~ 69,046,022	32613

Holding Account Redistribution Fund Group	32614

R014	440631	Vital Statistics	$	44,986	$	44,986	32615
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	32616
TOTAL 090 Holding Account							32617
Redistribution Fund Group			$	64,986	$	64,986	32618

Tobacco Master Settlement Agreement Fund Group	32619

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	~~1,450,000~~ 6,350,000	32620
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	~~1,450,000~~ 6,350,000	32621
TOTAL ALL BUDGET FUND GROUPS			$	650,504,547	$	~~653,658,390~~ 658,308,390	32622

Sec. 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

32624

Of the foregoing appropriation item 440416, Mothers and	32625
Children Safety Net Services, $200,000 in each fiscal year shall	32626
be used to assist families with hearing impaired children under	32627
twenty-one years of age in purchasing hearing aids. The Director	32628
of Health shall adopt rules governing the distribution of these	32629
funds, including rules that do both of the following: (1)	32630
establish eligibility criteria to include families with incomes at	32631
or below four hundred per cent of the federal poverty guidelines	32632
as defined in section 5101.46 of the Revised Code, and (2) develop	32633
a sliding scale of disbursements under this section based on	32634
family income. The Director may adopt other rules as necessary to	32635
implement this section. Rules adopted under this section shall be	32636
adopted in accordance with Chapter 119. of the Revised Code.	32637

The Department shall disburse all of the funds appropriated	32638
under this section.	32639

HIV/AIDS PREVENTION/TREATMENT

32640

The foregoing appropriation item 440444, AIDS Prevention and	32641
Treatment, shall be used to assist persons with HIV/AIDS in	32642
acquiring HIV-related medications and to administer educational	32643
prevention initiatives.	32644

PUBLIC HEALTH LABORATORY

32645

A portion of the foregoing appropriation item 440451, Public	32646
Health Laboratory, shall be used for coordination and management	32647
of prevention program operations and the purchase of drugs for	32648
sexually transmitted diseases.	32649

HELP ME GROW

32650

The foregoing appropriation item 440459, Help Me Grow, shall	32651
be used by the Department of Health to implement the Help Me Grow	32652
Program. Funds shall be distributed to counties through	32653
agreements, contracts, grants, or subsidies in accordance with	32654
section 3701.61 of the Revised Code. Appropriation item 440459,	32655
Help Me Grow, may be used in conjunction with other early	32656
childhood funds and services to promote the optimal development of	32657
young children and family-centered programs and services that	32658
acknowledge and support the social, emotional, cognitive,	32659
intellectual, and physical development of children and the vital	32660
role of families in ensuring the well-being and success of	32661
children. The Department of Health shall enter into interagency	32662
agreements with the Department of Education, Department of	32663
Developmental Disabilities, Department of Job and Family Services,	32664
and Department of Mental Health and Addiction Services to ensure	32665
that all early childhood programs and initiatives are coordinated	32666
and school linked.	32667

The foregoing appropriation item 440459, Help Me Grow, may	32668
also be used for the Developmental Autism and Screening Program.	32669

INFANT VITALITY

32670

The foregoing appropriation item 440474, Infant Vitality,	32671
shall be used to fund the following projects, which are hereby	32672
created:	32673

(A) The Infant Safe Sleep Campaign to educate parents and	32674
caregivers with a uniform message regarding safe sleep	32675
environments;	32676

(B) The Progesterone Prematurity Prevention Project to enable	32677
prenatal care providers to identify, screen, treat, and track	32678
outcomes for women eligible for progesterone supplementation; and	32679

(C) The Prenatal Smoking Cessation Project to enable prenatal	32680
care providers who work with women of reproductive age, including	32681
pregnant women, to have the tools, training, and technical	32682
assistance needed to treat smokers effectively.	32683

CENTERINGPREGNANCY PILOT PROGRAM

32684

On July 1, 2014, or as soon as possible thereafter, the	32685
Director of Budget and Management shall transfer $1,600,000 cash	32686
from the unallocated and unencumbered portion of the Health Care	32687
Grants-Federal Fund (Fund 3FA0) used by the Department of Medicaid	32688
to the Prenatal Group Health Care Pilot Program Fund used by the	32689
Department of Health, which is hereby created. The transferred	32690
moneys are hereby appropriated.	32691

The transferred moneys shall be used to implement the	32692
CenteringPregnancy model of care and the University of Cincinnati	32693
Social Determinants Program developed by the Centering Healthcare	32694
Institute and the University of Cincinnati Division of Community	32695
Women's Health in a three-year pilot program at four federally	32696
qualified health centers. Each federally qualified health center	32697
or look-alike selected by the Director of Health to operate the	32698
pilot program shall receive $200,000. The Ohio Association of	32699
Community Health Centers shall receive $100,000 and the University	32700
of Cincinnati Social Determinants Program Division of Community	32701
Women's Health shall receive $600,000. The Department of Health	32702
shall retain $100,000 to implement the program.	32703

TARGETED HEALTH CARE SERVICES OVER 21

32704

The foregoing appropriation item 440507, Targeted Health Care	32705
Services Over 21, shall be used to administer the Cystic Fibrosis	32706
Program and to implement the Hemophilia Insurance Premium Payment	32707
Program.	32708

The foregoing appropriation item 440507, Targeted Health Care	32709
Services Over 21, shall also be used to provide essential	32710
medications and to pay the copayments for drugs approved by the	32711
Department of Health and covered by Medicare Part D that are	32712
dispensed to Bureau for Children with Medical Handicaps (BCMH)	32713
participants for the Cystic Fibrosis Program.	32714

The Department shall expend all of these funds.

32715

CASH TRANSFERS TO THE MEDICAID FUND

32716

On July 1, 2013, or as soon as possible thereafter, the	32717
Director of Health shall certify to the Director of Budget and	32718
Management the cash balance relating to Medicaid restructuring in	32719
the following funds, all used by the Department of Health: the	32720
General Operations Fund (Fund 4700); the General Operations Fund	32721
(Fund 1420); the General Operations Fund (Fund 3920); and the	32722
Medicaid/Medicare Fund (Fund 3910). Upon receiving this	32723
certification, the Director of Budget and Management may transfer	32724
the amount certified to the Medicaid Fund (Fund 3GD0), used by the	32725
Department of Health. If this transfer occurs, the Director of	32726
Budget and Management shall cancel any existing encumbrances	32727
pertaining to Medicaid in appropriation items 440647, Fee	32728
Supported Programs, 440646, Agency Health Services, 440618,	32729
Federal Public Health Programs, and 440606, Medicare Survey and	32730
Certification, and reestablish them against appropriation item	32731
654601, Medicaid Program Support. The reestablished encumbrance	32732
amounts are hereby appropriated.	32733

GENETICS SERVICES

32734

The foregoing appropriation item 440608, Genetics Services	32735
(Fund 4D60), shall be used by the Department of Health to	32736
administer programs authorized by sections 3701.501 and 3701.502	32737
of the Revised Code. None of these funds shall be used to counsel	32738
or refer for abortion, except in the case of a medical emergency.	32739

MEDICALLY HANDICAPPED CHILDREN AUDIT

32740

The Medically Handicapped Children Audit Fund (Fund 4770)	32741
shall receive revenue from audits of hospitals and recoveries from	32742
third-party payers. Moneys may be expended for payment of audit	32743
settlements and for costs directly related to obtaining recoveries	32744
from third-party payers and for encouraging Medically Handicapped	32745
Children's Program recipients to apply for third-party benefits.	32746
Moneys also may be expended for payments for diagnostic and	32747
treatment services on behalf of medically handicapped children, as	32748
defined in division (A) of section 3701.022 of the Revised Code,	32749
and Ohio residents who are twenty-one or more years of age and who	32750
are suffering from cystic fibrosis or hemophilia. Moneys may also	32751
be expended for administrative expenses incurred in operating the	32752
Medically Handicapped Children's Program.	32753

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

32754

The foregoing appropriation item 440607, Medically	32755
Handicapped Children - County Assessments (Fund 6660), shall be	32756
used to make payments under division (E) of section 3701.023 of	32757
the Revised Code.	32758

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	32759
THE TOBACCO USE PREVENTION FUND	32760

On July 1, 2013, or as soon as possible thereafter, the	32761
Director of Budget and Management shall transfer $2,439,230 cash	32762
from the Public Health Priorities Trust Fund (Fund L087) to the	32763
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	32764
needs of the Department of Health's tobacco enforcement and	32765
cessation efforts.	32766

CASH TRANSFER FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	32767
FUND TO THE TOBACCO USE PREVENTION FUND	32768

Notwithstanding Section 512.20 of Am. Sub. H.B. 487 of the	32769
129th General Assembly, on July 1, 2014, or as soon as possible	32770
thereafter, the Director of Budget and Management may transfer	32771
cash determined to be in excess of the tobacco enforcement needs	32772
of the Attorney General from the Pre-Securitization Tobacco	32773
Payments Fund (Fund 5LS0) to the Tobacco Use Prevention Fund (Fund	32774
5BX0).	32775

Sec. 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

32776

General Revenue Fund	32777

GRF	600321	Program Support	$	31,320,964	$	31,109,751	32778
GRF	600410	TANF State/Maintenance of Effort	$	152,386,934	$	152,386,934	32779
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	32780
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	32781
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	32782
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	32783
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	32784
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	32785
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	32786
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	32787
GRF	600523	Family and Children Services	$	54,255,323	$	~~54,255,323~~ 57,455,323	32788
GRF	600528	Adoption Services					32789
		State	$	28,623,389	$	28,623,389	32790
		Federal	$	38,202,557	$	38,202,557	32791
		Adoption Services Total	$	66,825,946	$	66,825,946	32792
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	32793
GRF	600534	Adult Protective Services	$	500,000	$	500,000	32794
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	32795
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	32796
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	32797
GRF	655522	Medicaid Program Support - Local	$	38,267,970	$	38,267,970	32798
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	32799
TOTAL GRF General Revenue Fund							32800
		State	$	724,580,115	$	~~724,580,115~~ 727,780,115	32801
		Federal	$	38,202,557	$	38,202,557	32802
		GRF Total	$	762,782,672	$	~~762,782,672~~ 765,982,672	32803

General Services Fund Group	32804

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	32805
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	32806
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	32807
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	32808
TOTAL GSF General Services							32809
Fund Group			$	124,780,339	$	116,773,328	32810

Federal Special Revenue Fund Group	32811

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	32812
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	32813
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	32814
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	32815
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	32816
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	32817
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	32818
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	32819
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	32820
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	32821
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	32822
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	32823
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	32824
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	32825
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	32826
3S50	600622	Child Support Projects	$	534,050	$	534,050	32827
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	32828
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	32829
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	32830
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	32831
TOTAL FED Federal Special Revenue							32832
Fund Group			$	2,526,972,581	$	2,490,592,049	32833

State Special Revenue Fund Group	32834

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	32835
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	~~9,006,000~~ 12,506,000	32836
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	32837
4F10	600609	Family and Children Activities	$	683,549	$	683,549	32838
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	32839
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	32840
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	32841
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	32842
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	32843
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	32844
TOTAL SSR State Special Revenue							32845
Fund Group			$	25,063,397	$	~~25,063,397~~ 28,563,397	32846

Agency Fund Group	32847

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	32848
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	32849
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	32850
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	32851

Holding Account Redistribution Fund Group	32852

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	32853
R013	600644	Forgery Collections	$	10,000	$	10,000	32854
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	32855
TOTAL ALL BUDGET FUND GROUPS			$	3,586,058,989	$	~~3,541,671,446~~ 3,548,371,446	32856

Sec. 301.33. BIG BROTHERS BIG SISTERS

32858

Of the foregoing appropriation item 600410, TANF	32859
State/Maintenance of Effort, $1,000,000 in each fiscal year shall	32860
be provided, in accordance with sections 5101.80 and 5101.801 of	32861
the Revised Code, to Big Brothers Big Sisters of Central Ohio to	32862
provide mentoring services to children of incarcerated parents	32863
throughout the state. Upon the request of the Director of Job and	32864
Family Services, the Director of Budget and Management may	32865
transfer any amount of this earmark that remains unspent at the	32866
end of fiscal year 2014 to fiscal year 2015. Any amount	32867
transferred is hereby reappropriated to appropriation item 600410,	32868
TANF State/Maintenance of Effort, for the same purpose in fiscal	32869
year 2015.	32870

Sec. 301.40. COUNTY ADMINISTRATIVE FUNDS

32871

(A) The foregoing appropriation item 600521, Family	32872
Assistance - Local, may be provided to county departments of job	32873
and family services to administer food assistance and disability	32874
assistance programs.	32875

(B) The foregoing appropriation item 655522, Medicaid Program	32876
Support - Local, may be provided to county departments of job and	32877
family services to administer the Medicaid program and the State	32878
Children's Health Insurance program.	32879

(C) At the request of the Director of Job and Family	32880
Services, the Director of Budget and Management may transfer	32881
appropriations between appropriation item 600521, Family	32882
Assistance - Local, and appropriation item 655522, Medicaid	32883
Program Support - Local, in order to ensure county administrative	32884
funds are expended from the proper appropriation item.	32885

(D) If receipts credited to the Medicaid Program Support Fund	32886
(Fund 3F01) and the Supplemental Nutrition Assistance Program Fund	32887
(Fund 3840) exceed the amounts appropriated, the Director of Job	32888
and Family Services shall request the Director of Budget and	32889
Management to authorize expenditures from those funds in excess of	32890
the amounts appropriated. Upon approval of the Director of Budget	32891
and Management, the additional amounts are hereby appropriated.	32892

Sec. 301.143. CHILDREN'S CRISIS CARE FACILITIES

32893

Of the foregoing appropriation item 600523, Family and	32894
Children Services, $150,000 in each fiscal year shall be provided	32895
to children's crisis care facilities, as defined in section	32896
5103.13 of the Revised Code. The Director of Job and Family	32897
Services shall allocate funds based on the number of children at	32898
each facility. A children's crisis care facility may decline to	32899
receive funds provided for under this section. A children's crisis	32900
care facility that accepts funds provided under this section shall	32901
use the funds in accordance with section 5103.13 of the Revised	32902
Code and rules in section 5101:2-9-36 of the Administrative Code.	32903

STATE CHILD PROTECTION ALLOCATION

32904

Of the foregoing appropriation item 600523, Family and	32905
Children Services, up to $3,200,000 shall be used to match	32906
eligible federal Title IV-B ESSA funds and federal Title IV-E	32907
Chafee funds allocated to public children services agencies.	32908

(A) The Ohio Department of Job and Family Services shall	32909
implement and oversee use of a Child Placement Level of Care Tool	32910
on a pilot basis. The Department shall implement the pilot program	32911
in up to ten counties selected by the Department and shall include	32912
the county and at least one private child placing agency or	32913
private noncustodial agency. The pilot program shall be developed	32914
with the participating counties and agencies and must be	32915
acceptable to all participants. A selected county or agency must	32916
agree to participate in the pilot program.	32917

(B) The pilot program shall begin not later than one hundred	32918
eighty days after the effective date of this section and end not	32919
later than eighteen months after the date the pilot program	32920
begins. The length of the pilot program shall not include any time	32921
expended in preparation for implementation or any post-pilot	32922
program evaluation activity.	32923

(C)(1) In accordance with sections 125.01 to 125.11 of the	32924
Revised Code, the Ohio Department of Job and Family Services shall	32925
provide for an independent evaluation of the pilot program to rate	32926
the program's success in the following areas:	32927

(a) Placement stability, length of stay, and other outcomes	32928
for children;	32929

(b) Cost;

32930

32931

(d) Any other criteria the Department determines will be	32932
useful in the consideration of statewide implementation.	32933

(2) The evaluation design shall include:

32934

(a) A comparison of data to historical outcomes or control	32935
counties;	32936

(b) A prospective data evaluation in each of the pilot	32937
counties.	32938

(D) The Ohio Department of Job and Family Services may adopt	32939
rules in accordance with Chapter 119. of the Revised Code as	32940
necessary to carry out the purposes of this section. The	32941
Department shall seek maximum federal financial participation to	32942
support the pilot program and the evaluation.	32943

(E) Notwithstanding division (E) of section 5101.141 of the	32944
Revised Code, the Department of Job and Family Services shall seek	32945
state funding to implement the Child Placement Level of Care Tool	32946
pilot program described in this section and to contract for the	32947
independent evaluation of the pilot program.	32948

(F) As used in this section, "Child Placement Level of Care	32949
Tool" means an assessment tool to be used by participating	32950
counties and agencies to assess a child's placement needs when a	32951
child must be removed from the child's own home and cannot be	32952
placed with a relative or kin not certified as a foster caregiver	32953
that includes assessing a child's functioning, needs, strengths,	32954
risk behaviors, and exposure to traumatic experiences.	32955

Sec. 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	32956
SERVICES	32957

General Revenue Fund	32958

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	32959
GRF	333402	Resident Trainees	$	450,000	$	450,000	32960
GRF	333415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	32961
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	32962
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	32963
GRF	334506	Court Costs	$	784,210	$	784,210	32964
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	32965
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	32966
GRF	335421	Continuum of Care Services	$	77,733,742	$	77,633,742	32967
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	32968
GRF	335504	Community Innovations	$	6,500,000	$	1,500,000	32969
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	32970
GRF	335507	Community Behavioral Health	$	47,500,000	$	47,500,000	32971
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	32972
TOTAL GRF General Revenue Fund			$	~~369,546,009~~ 368,446,009	$	364,679,409	32973

General Services Fund Group	32974

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	32975
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	32976
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	~~28,190,000~~ 30,190,000	32977
1500	334620	Special Education	$	150,000	$	150,000	32978
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	32979
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	32980
1510	336601	Office of Support Services	$	115,000,000	$	~~115,000,000~~ 90,000,000	32981
TOTAL GSF General Services Fund Group			$	145,268,190	$	~~145,268,190~~ 122,268,190	32982

Federal Special Revenue Fund Group	32983

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	32984
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	32985
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	32986
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	32987
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	32988
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	32989
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	~~3,237,574~~ 6,000,000	32990
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	32991
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	32992
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	32993
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	32994
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	32995
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	32996
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	~~2,500,000~~ 4,500,000	32997
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	32998
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	32999
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	33000
3H80	335606	Demonstration Grants	$	5,428,006	$	~~5,428,006~~ 11,000,000	33001
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0 5,000,000	33002
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	33003
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0 3,000,000	33004
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	~~144,675,306~~ 163,009,726	33005

State Special Revenue Fund Group	33006

2320	333621	Family and Children First Administration	$	400,000	$	400,000	33007
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	33008
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	33009
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	33010
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	33011
6890	333640	Education and Conferences	$	150,000	$	150,000	33012
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	33013
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	33014
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	33015
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	33016
6320	335616	Community Capital Replacement	$	350,000	$	350,000	33017
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	33018
TOTAL ALL BUDGET FUND GROUPS			$	~~698,771,638~~ 697,671,638	$	~~685,921,002~~ 681,255,422	33019

Sec. 327.83. COMMUNITY BEHAVIORAL HEALTH

33021

~~Of the foregoing appropriation item 335507, Community~~	33022
~~Behavioral Health, $30,000,000 in each fiscal year shall be~~	33023
~~allocated to community alcohol, drug addiction, and mental health~~	33024
~~services boards to provide mental health services.~~	33025

~~Of the foregoing appropriation item 335507, Community~~	33026
~~Behavioral Health, $17,500,000 in each fiscal year shall be~~	33027
~~allocated to community alcohol, drug addiction, and mental health~~	33028
~~services boards to be used for addiction services including~~	33029
~~medication, treatment programs, and counseling.~~	33030

The foregoing appropriation item 335507, Community Behavioral	33031
Health, shall be used to address gaps identified by the Department	33032
of Mental Health and Addiction Services in the continuum of care	33033
for persons with mental illness or addiction disorders, including	33034
access to crisis services.	33035

Of the foregoing appropriation item 335507, Community	33036
Behavioral Health, up to $6.5 million in fiscal year 2015 shall be	33037
used to expand evidence-based prevention resources statewide.	33038

Of the foregoing appropriation item 335507, Community	33039
Behavioral Health, $7.5 million in fiscal year 2015 shall be used	33040
to fund expansion and improvement of the Residential State	33041
Supplement Program.	33042

Of the foregoing appropriation item 335507, Community	33043
Behavioral Health, up to $5.0 million in fiscal year 2015 shall be	33044
used to expand access to recovery housing. "Recovery housing"	33045
means housing for individuals recovering from drug addiction that	33046
provides an alcohol and drug-free living environment, peer	33047
support, assistance with obtaining drug addiction services, and	33048
other drug addiction recovery assistance where the length of stay	33049
is not limited to a specific duration. Recovery housing does not	33050
include residential facilities subject to licensure pursuant to	33051
section 5119.34 of the Revised Code. Medication-assisted treatment	33052
may be allowed in recovery housing. Support for projects in	33053
counties of the state that do not currently have recovery housing	33054
stock shall be given priority. For expenditures that are capital	33055
in nature, the Department of Mental Health and Addiction Services	33056
shall develop procedures to administer these funds in a manner	33057
that is consistent with current community capital assistance	33058
projects process guidelines.	33059

The remainder of the foregoing appropriation item 335507,	33060
Community Behavioral Health, an amount up to $28.5 million, in	33061
fiscal year 2015 shall be invested in addiction and mental health	33062
recovery supports, with an emphasis on crisis and housing. These	33063
investments shall address gaps in the continuum of care and shall	33064
be identified and implemented in consultation with boards of	33065
mental health and recovery services.	33066

Sec. 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

33067

General Revenue Fund	33068

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	33069
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	33070
GRF	725456	Canal Lands	$	135,000	$	135,000	33071
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	33072
GRF	725505	Healthy Lake Erie Fund	$	650,000	$	500,000	33073
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	33074
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	~~25,443,000~~ 23,743,000	33075
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	33076
GRF	729321	Office of Information Technology	$	177,405	$	177,405	33077
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	33078
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	33079
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	33080
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	33081
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	33082
TOTAL GRF General Revenue Fund			$	97,480,489	$	~~100,768,536~~ 99,068,536	33083

General Services Fund Group	33084

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	33085
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	33086
2040	725687	Information Services	$	5,179,097	$	5,288,168	33087
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	33088
2070	725690	Real Estate Services	$	50,000	$	50,000	33089
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	33090
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	33091
4300	725671	Canal Lands	$	883,879	$	883,879	33092
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	33093
4X80	725662	Water Resources Council	$	138,005	$	138,005	33094
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	33095
5160	725620	Water Management	$	2,559,292	$	2,559,292	33096
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	33097
6970	725670	Submerged Lands	$	852,982	$	869,145	33098
TOTAL GSF General Services							33099
Fund Group			$	25,457,857	$	25,451,293	33100

Federal Special Revenue Fund Group	33101

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	33102
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	33103
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	33104
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	33105
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	33106
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	33107
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	33108
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	33109
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	33110
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	33111
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	33112
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	33113
TOTAL FED Federal Special Revenue							33114
Fund Group			$	28,386,819	$	28,048,201	33115

State Special Revenue Fund Group	33116

4J20	725628	Injection Well Review	$	128,466	$	128,466	33117
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	33118
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	33119
5090	725602	State Forest	$	6,873,330	$	6,880,158	33120
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	33121
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	33122
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	33123
5180	725643	Oil and Gas ~~Permit Fees~~ Regulation and Safety	$	12,812,311	$	13,140,201	33124
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	33125
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	33126
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	33127
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	33128
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	33129
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	33130
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	33131
5B30	725674	Mining Regulation	$	28,135	$	28,135	33132
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	33133
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	33134
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	33135
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	33136
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	33137
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	33138
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	33139
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	33140
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	33141
5MW0	725604	Natural Resources Special Purposes	$	10,163,812	$	6,165,162	33142
6150	725661	Dam Safety	$	943,517	$	943,517	33143
TOTAL SSR State Special Revenue							33144
Fund Group			$	80,129,565	$	77,254,626	33145

Clean Ohio Conservation Fund Group	33146

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		33147
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		33148

Wildlife Fund Group	33149

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	33150
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	33151
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	33152
8160	725649	Wetlands Habitat	$	966,885	$	966,885	33153
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	33154
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	33155
8190	725685	Ohio River Management	$	203,584	$	203,584	33156
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	33157
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	33158

Waterways Safety Fund Group	33159

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	33160
7086	725418	Buoy Placement	$	52,182	$	52,182	33161
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	33162
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	33163
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	33164
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	33165
TOTAL WSF Waterways Safety Fund							33166
Group			$	26,276,019	$	26,106,019	33167

Accrued Leave Liability Fund Group	33168

4M80	725675	FOP Contract	$	20,219	$	20,219	33169
TOTAL ALF Accrued Leave							33170
Liability Fund Group			$	20,219	$	20,219	33171

Holding Account Redistribution Fund Group	33172

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	33173
R043	725624	Forestry	$	2,100,000	$	2,100,000	33174
TOTAL 090 Holding Account							33175
Redistribution Fund Group			$	2,596,263	$	2,596,263	33176
TOTAL ALL BUDGET FUND GROUPS			$	326,105,488	$	~~326,612,826~~ 324,912,826	33177

Sec. 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH DISABILITIES	33179
AGENCY	33180

General Revenue Fund	33181

GRF	415402	Independent Living Council	$	252,000	$	252,000	33182
GRF	415406	Assistive Technology	$	26,618	$	26,618	33183
GRF	415431	~~Office for People with~~ Brain Injury	$	126,567	$	126,567	33184
GRF	415506	Services for ~~People~~ Individuals with Disabilities	$	15,277,885	$	15,277,885	33185
GRF	415508	Services for the Deaf	$	28,000	$	28,000	33186
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	33187

General Services Fund Group	33188

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	33189
TOTAL GSF General Services							33190
Fund Group			$	962,538	$	965,481	33191

Federal Special Revenue Fund Group	33192

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	33193
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	33194
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	33195
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	33196
3L10	415608	Social Security ~~Special Programs/Assistance~~ Vocational Rehabilitation	$	445,258	$	498,269	33197
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	33198
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	33199
3L40	415617	~~Independent Living/~~Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	33200
TOTAL FED Federal Special							33201
Revenue Fund Group			$	207,833,606	$	205,179,120	33202

State Special Revenue Fund Group	33203

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	33204
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	33205
4W50	415606	Program Management ~~Expenses~~	$	12,369,751	$	12,594,758	33206
TOTAL SSR State Special							33207
Revenue Fund Group			$	26,871,919	$	27,096,926	33208
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	33209

INDEPENDENT LIVING COUNCIL

33210

The foregoing appropriation item 415402, Independent Living	33211
Council, shall be used to fund the operations of the State	33212
Independent Living Council and to support state independent living	33213
centers and independent living services under Title VII of the	33214
Independent Living Services and Centers for Independent Living of	33215
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	33216
U.S.C. 796d.	33217

Of the foregoing appropriation item 415402, Independent	33218
Living Council, $67,662 in each fiscal year shall be used as state	33219
matching funds for vocational rehabilitation innovation and	33220
expansion activities.	33221

ASSISTIVE TECHNOLOGY

33222

The total amount of the foregoing appropriation item 415406,	33223
Assistive Technology, shall be provided to Assistive Technology of	33224
Ohio to provide grants and assistive technology services for	33225
people with disabilities in the State of Ohio.	33226

~~OFFICE FOR PEOPLE WITH~~ BRAIN INJURY

33227

The foregoing appropriation item 415431, ~~Office for People~~	33228
~~with~~ Brain Injury, shall be provided to The Ohio State University	33229
College of Medicine to support the Brain Injury Program	33230
established under section 3304.23 of the Revised Code.	33231

VOCATIONAL REHABILITATION SERVICES

33232

The foregoing appropriation item 415506, Services for ~~People~~	33233
Individuals with Disabilities, shall be used as state matching	33234
funds to provide vocational rehabilitation services to eligible	33235
consumers.	33236

SERVICES FOR THE DEAF

33237

The foregoing appropriation item 415508, Services for the	33238
Deaf, shall be used to provide grants to community centers for the	33239
deaf.	33240

~~INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS~~

33241

~~The foregoing appropriation item 415617, Independent~~	33242
~~Living/Vocational Rehabilitation Programs, shall be used to~~	33243
~~support vocational rehabilitation programs.~~	33244

SOCIAL SECURITY REIMBURSEMENT FUNDS

33245

Reimbursement funds received from the Social Security	33246
Administration, United States Department of Health and Human	33247
Services, for the costs of providing services and training to	33248
return disability recipients to gainful employment shall be	33249
expended ~~from the Social Security Reimbursement Fund (Fund 3L10)~~,	33250
to the extent funds are available, as follows:	33251

(A) Appropriation item 415601, Social Security Personal Care	33252
Assistance, to provide personal care services in accordance with	33253
section 3304.41 of the Revised Code;	33254

(B) Appropriation item 415605, Social Security Community	33255
Centers for the Deaf, to provide grants to community centers for	33256
the deaf in Ohio for services to individuals with hearing	33257
impairments; and	33258

(C) Appropriation item 415608, Social Security ~~Special~~	33259
~~Programs/Assistance~~Vocational Rehabilitation, to provide	33260
vocational rehabilitation services to individuals with severe	33261
disabilities who are Social Security beneficiaries, to enable them	33262
to achieve competitive employment. ~~This appropriation item shall~~	33263
~~also be used to pay a portion of indirect costs of the Personal~~	33264
~~Care Assistance Program and the Independent Living Programs as~~	33265
~~mandated by federal OMB Circular A-87.~~	33266

PROGRAM MANAGEMENT ~~EXPENSES~~

33267

The foregoing appropriation item 415606, Program Management	33268
~~Expenses~~, shall be used to support the administrative functions of	33269
the commission related to the provision of vocational	33270
rehabilitation, disability determination services, and ancillary	33271
programs.	33272

Sec. 349.10. PRX STATE BOARD OF PHARMACY

33273

General Services Fund Group	33274

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	33275
4K90	887609	Operating Expenses	$	6,701,285	$	~~6,701,285~~ 6,901,285	33276
TOTAL GSF General Services Fund Group			$	6,851,285	$	~~6,851,285~~ 7,051,285	33277

Federal Special Revenue Fund Group	33278

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	33279
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	33280
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	33281
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	33282
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	33283
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	~~6,965,631~~ 7,165,631	33284

Sec. 359.10. PWC PUBLIC WORKS COMMISSION

33286

General Revenue Fund	33287

GRF	150904	Conservation General Obligation Debt Service	$	~~33,376,600~~ 26,676,600	$	34,447,700	33288
GRF	150907	State Capital Improvements General Obligation Debt Service	$	~~227,810,300~~ 210,710,300	$	~~228,948,900~~ 226,948,900	33289
TOTAL GRF General Revenue Fund			$	~~261,186,900~~ 237,386,900	$	~~263,396,600~~ 261,396,600	33290

Clean Ohio Conservation Fund Group	33291

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		33292
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		33293

TOTAL ALL BUDGET FUND GROUPS

~~261,475,880~~ 237,675,880

~~263,685,580~~ 261,685,580

33294

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

33295

The foregoing appropriation item 150904, Conservation General	33296
Obligation Debt Service, shall be used to pay all debt service and	33297
related financing costs during the period from July 1, 2013,	33298
through June 30, 2015, at the times they are required to be made	33299
for obligations issued under sections 151.01 and 151.09 of the	33300
Revised Code.	33301

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

33302

The foregoing appropriation item 150907, State Capital	33303
Improvements General Obligation Debt Service, shall be used to pay	33304
all debt service and related financing costs during the period	33305
from July 1, 2013, through June 30, 2015, at the times they are	33306
required to be made for obligations issued under sections 151.01	33307
and 151.08 of the Revised Code.	33308

CLEAN OHIO OPERATING EXPENSES

33309

The foregoing appropriation item 150403, Clean Ohio Operating	33310
Expenses, shall be used by the Ohio Public Works Commission in	33311
administering Clean Ohio Conservation Fund (Fund 7056) projects	33312
pursuant to sections 164.20 to 164.27 of the Revised Code.	33313

Sec. 363.10. BOR BOARD OF REGENTS

33314

General Revenue Fund	33315

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	33316
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	33317
GRF	235402	Sea Grants	$	285,000	$	285,000	33318
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	33319
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	33320
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	33321
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	33322
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	33323
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	33324
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	33325
GRF	235434	College Readiness and Access	$	1,200,000	$	1,200,000	33326
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	33327
GRF	235443	Adult Basic and Literacy Education - State	$	7,427,416	$	7,427,416	33328
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,817,547	$	15,817,547	33329
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	33330
GRF	235480	General Technology Operations	$	500,000	$	500,000	33331
GRF	235483	Technology Integration and Professional Development	$	3,378,598	$	2,703,598	33332
GRF	235501	State Share of Instruction	$	1,789,699,580	$	~~1,818,225,497~~ 1,821,325,497	33333
GRF	235502	Student Support Services	$	632,974	$	632,974	33334
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	33335
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	33336
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	33337
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	33338
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	33339
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	33340
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	33341
GRF	235516	Wright State Lake Campus Agricultural Program	$	200,000	$	0	33342
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	33343
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	33344
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	33345
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	33346
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	33347
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	33348
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,629,970	33349
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	33350
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	33351
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	33352
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	33353
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	33354
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	33355
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	33356
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	33357
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	33358
GRF	235558	Long-term Care Research	$	325,300	$	325,300	33359
GRF	235563	Ohio College Opportunity Grant	$	90,284,264	$	90,284,264	33360
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	33361
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	33362
GRF	235909	Higher Education General Obligation Debt Service	$	~~221,168,700~~ 215,368,700	$	~~248,822,000~~ 245,822,000	33363
TOTAL GRF General Revenue Fund			$	~~2,331,062,630~~ 2,325,262,630	$	~~2,379,360,162~~ 2,379,460,162	33364

General Services Fund Group	33365

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	33366
4560	235603	Sales and Services	$	199,250	$	199,250	33367
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	33368
5JC0	235668	Defense/Aerospace Workforce Development Initiative	$	4,000,000	$	4,000,000	33369
5JC0	235685	Manufacturing Workforce Development Initiative	$	2,000,000	$	0	33370
TOTAL GSF General Services							33371
Fund Group			$	15,102,845	$	13,102,845	33372

Federal Special Revenue Fund Group	33373

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	33374
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	33375
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	33376
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	33377
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	33378
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	33379
TOTAL FED Federal Special Revenue							33380
Fund Group			$	21,535,671	$	21,535,671	33381

State Special Revenue Fund Group	33382

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	33383
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	33384
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	33385
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	33386
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	33387
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	33388
6820	235606	Nursing Loan Program	$	891,320	$	891,320	33389
TOTAL SSR State Special Revenue							33390
Fund Group			$	12,441,303	$	12,491,164	33391

Third Frontier Research & Development Fund Group	33392

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	33393
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	33394
TOTAL ALL BUDGET FUND GROUPS			$	~~2,388,142,449~~ 2,382,342,449	$	~~2,434,489,842~~ 2,434,589,842	33395

Sec. 365.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

33397

General Revenue Fund	33398

GRF	501321	Institutional Operations	$	~~883,768,015~~ 895,799,933	$	~~873,724,802~~ 900,215,085	33399
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	33400
GRF	501405	Halfway House	$	~~45,049,356~~ 48,399,340	$	~~46,024,108~~ 51,197,937	33401
GRF	501406	Lease Rental Payments	$	~~104,099,500~~ 103,099,500	$	99,534,800	33402
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	33403
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	33404
GRF	501501	Community Residential Programs - CBCF	$	~~63,345,972~~ 64,224,472	$	~~66,150,781~~ 69,453,455	33405
GRF	503321	Parole and Community Operations	$	~~64,480,938~~ 66,102,094	$	~~65,029,680~~ 71,676,403	33406
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	33407
GRF	505321	Institution Medical Services	$	~~243,289,774~~ 239,397,895	$	~~254,139,452~~ 251,994,058	33408
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	33409
TOTAL GRF General Revenue Fund			$	~~1,496,839,928~~ 1,509,829,607	$	~~1,497,794,707~~ 1,537,262,822	33410

General Services Fund Group	33411

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	33412
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	33413
4830	501605	Property Receipts	$	582,086	$	582,086	33414
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	33415
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	33416
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	33417
4S50	501608	Education Services	$	4,114,782	$	4,114,782	33418
5710	501606	Training Academy Receipts	$	125,000	$	125,000	33419
5930	501618	Laboratory Services	$	3,750,000	$	0	33420
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	33421
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	33422
5L60	501611	Information Technology Services	$	250,000	$	250,000	33423
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	33424

Federal Special Revenue Fund Group	33425

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	33426
TOTAL FED Federal Special Revenue							33427
Fund Group			$	7,132,943	$	7,132,943	33428

TOTAL ALL BUDGET FUND GROUPS

~~1,581,403,588~~ 1,594,393,267

~~1,577,868,556~~ 1,617,336,671

33429

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	33430
SENTENCING REFORMS	33431

For the purposes of implementing criminal sentencing reforms,	33432
and notwithstanding any other provision of law to the contrary,	33433
the Director of Budget and Management, at the request of the	33434
Director of Rehabilitation and Correction, may transfer up to	33435
$14,000,000 in appropriations, in each of fiscal years 2014 and	33436
2015, from appropriation item 501321, Institutional Operations, to	33437
any combination of appropriation items 501405, Halfway House;	33438
501407, Community Residential Programs; 501408, Community	33439
Misdemeanor Programs; and 501501, Community Residential Programs -	33440
CBCF.	33441

LEASE RENTAL PAYMENTS

33442

The foregoing appropriation item 501406, Lease Rental	33443
Payments, shall be used to meet all payments at the times they are	33444
required to be made during the period from July 1, 2013, through	33445
June 30, 2015, by the Department of Rehabilitation and Correction	33446
under the primary leases and agreements for those buildings made	33447
under Chapters 152. and 154. of the Revised Code. These	33448
appropriations are the source of funds pledged for bond service	33449
charges on related obligations issued under Chapters 152. and 154.	33450
of the Revised Code.	33451

OSU MEDICAL CHARGES

33452

Notwithstanding section 341.192 of the Revised Code, at the	33453
request of the Department of Rehabilitation and Correction, The	33454
Ohio State University Medical Center, including the Arthur G.	33455
James Cancer Hospital and Richard J. Solove Research Institute and	33456
the Richard M. Ross Heart Hospital, shall provide necessary care	33457
to persons who are confined in state adult correctional	33458
facilities. The provision of necessary care shall be billed to the	33459
Department at a rate not to exceed the authorized reimbursement	33460
rate for the same service established by the Department of	33461
Medicaid under the Medicaid Program.	33462

CORRECTIVE CASH TRANSFER

33463

At the request of the Director of Rehabilitation and	33464
Correction, the Director of Budget and Management may transfer an	33465
amount not to exceed $2,391 in cash that was mistakenly deposited	33466
in the Federal Grants Fund (Fund 3230) to the General Revenue	33467
Fund.	33468

Sec. 395.10. TAX DEPARTMENT OF TAXATION

33469

General Revenue Fund	33470

GRF	110321	Operating Expenses	$	72,568,330	$	67,968,332	33471
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	33472
GRF	110901	Property Tax Allocation - Taxation	$	~~666,640,000~~ 658,640,000	$	~~678,255,600~~ 673,255,600	33473
TOTAL GRF General Revenue Fund			$	~~739,386,530~~ 731,386,530	$	~~746,402,132~~ 741,402,132	33474

General Services Fund Group	33475

2280	110628	Revenue Enhancement	$	15,500,000	$	~~17,500,000~~ 17,100,000	33476
4330	110602	Tape File Account	$	175,000	$	175,000	33477
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	33478
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	33479
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	33480
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	33481
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	33482
5V80	110623	Property Tax Administration	$	11,978,310	$	~~11,978,310~~ 11,178,310	33483
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	33484
TOTAL GSF General Services							33485
Fund Group			$	33,492,810	$	~~33,492,810~~ 32,292,810	33486

State Special Revenue Fund Group	33487

4350	110607	Local Tax Administration	$	20,000,000	$	~~20,700,000~~ 20,300,000	33488
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	33489
4370	110606	Income Tax Contribution	$	38,800	$	38,800	33490
4380	110609	School District Income Tax	$	5,802,044	$	~~5,802,044~~ 5,402,044	33491
4C60	110616	International Registration Plan	$	682,415	$	682,415	33492
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	33493
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	33494
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	33495
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	33496
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	33497
TOTAL SSR State Special Revenue							33498
Fund Group			$	36,287,450	$	~~36,987,450~~ 36,187,450	33499

Agency Fund Group	33500

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	33501
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	33502
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	33503

Holding Account Redistribution Fund Group	33504

R010	110611	Tax Distributions	$	50,000	$	50,000	33505
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	33506
TOTAL 090 Holding Account							33507
Redistribution Fund Group			$	100,000	$	100,000	33508
TOTAL ALL BUDGET FUND GROUPS			$	~~2,377,066,790~~ 2,369,066,790	$	~~2,384,782,392~~ 2,377,782,392	33509

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

33510

The foregoing appropriation item 110901, Property Tax	33511
Allocation - Taxation, is hereby appropriated to pay for the	33512
state's costs incurred due to the Homestead Exemption, the	33513
Manufactured Home Property Tax Rollback, and the Property Tax	33514
Rollback. The Tax Commissioner shall distribute these funds	33515
directly to the appropriate local taxing districts, except for	33516
school districts, notwithstanding the provisions in sections	33517
321.24 and 323.156 of the Revised Code, which provide for payment	33518
of the Homestead Exemption, the Manufactured Home Property Tax	33519
Rollback, and Property Tax Rollback by the Tax Commissioner to the	33520
appropriate county treasurer and the subsequent redistribution of	33521
these funds to the appropriate local taxing districts by the	33522
county auditor.	33523

Upon receipt of these amounts, each local taxing district	33524
shall distribute the amount among the proper funds as if it had	33525
been paid as real property taxes. Payments for the costs of	33526
administration shall continue to be paid to the county treasurer	33527
and county auditor as provided for in sections 319.54, 321.26, and	33528
323.156 of the Revised Code.	33529

Any sums, in addition to the amounts specifically	33530
appropriated in appropriation item 110901, Property Tax Allocation	33531
- Taxation, for the Homestead Exemption, the Manufactured Home	33532
Property Tax Rollback, and the Property Tax Rollback payments,	33533
which are determined to be necessary for these purposes, are	33534
hereby appropriated.	33535

MUNICIPAL INCOME TAX

33536

The foregoing appropriation item 110995, Municipal Income	33537
Tax, shall be used to make payments to municipal corporations	33538
under section 5745.05 of the Revised Code. If it is determined	33539
that additional appropriations are necessary to make such	33540
payments, such amounts are hereby appropriated.	33541

TAX REFUNDS

33542

The foregoing appropriation item 110635, Tax Refunds, shall	33543
be used to pay refunds under section 5703.052 of the Revised Code.	33544
If it is determined that additional appropriations are necessary	33545
for this purpose, such amounts are hereby appropriated.	33546

INTERNATIONAL REGISTRATION PLAN AUDIT

33547

The foregoing appropriation item 110616, International	33548
Registration Plan, shall be used under section 5703.12 of the	33549
Revised Code for audits of persons with vehicles registered under	33550
the International Registration Plan.	33551

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

33552

Of the foregoing appropriation item 110607, Local Tax	33553
Administration, the Tax Commissioner may disburse funds, if	33554
available, for the purposes of paying travel expenses incurred by	33555
members of Ohio's delegation to the Streamlined Sales Tax Project,	33556
as appointed under section 5740.02 of the Revised Code. Any travel	33557
expense reimbursement paid for by the Department of Taxation shall	33558
be done in accordance with applicable state laws and guidelines.	33559

TOBACCO SETTLEMENT ENFORCEMENT

33560

The foregoing appropriation item 110404, Tobacco Settlement	33561
Enforcement, shall be used by the Tax Commissioner to pay costs	33562
incurred in the enforcement of divisions (F) and (G) of section	33563
5743.03 of the Revised Code.	33564

STARS DEVELOPMENT AND IMPLEMENTATION FUND

33565

The foregoing appropriation item 110638, STARS Development	33566
and Implementation Fund, shall be used to pay costs incurred in	33567
the development and implementation of the department's State Tax	33568
Accounting and Revenue System. The Director of Budget and	33569
Management, under a plan submitted by the Tax Commissioner, or as	33570
otherwise determined by the Director of Budget and Management,	33571
shall set a schedule to transfer cash from the Tax Reform System	33572
Implementation Fund, Local Tax Administration Fund, School	33573
District Income Tax Fund, Discovery Project Fund, and the Motor	33574
Fuel Tax Administration Fund to the credit of the STARS	33575
Development and Implementation Fund (Fund 5MN0). The transfers of	33576
cash shall not exceed $8,000,000 in the biennium.	33577

Sec. 403.10. DVS DEPARTMENT OF VETERANS SERVICES

33578

General Revenue Fund	33579

GRF	900321	Veterans' Homes	$	27,369,946	$	~~27,369,946~~ 26,992,608	33580
GRF	900402	Hall of Fame	$	107,075	$	107,075	33581
GRF	900408	Department of Veterans Services	$	2,001,823	$	~~2,001,823~~ 2,379,161	33582
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	33583
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	33584

General Services Fund Group	33585

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		33586
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		33587

Federal Special Revenue Fund Group	33588

3680	900614	Veterans Training	$	684,017	$	697,682	33589
3740	900606	Troops to Teachers	$	111,822	$	111,879	33590
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	33591
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	33592
TOTAL FED Federal Special Revenue							33593
Fund Group			$	27,933,629	$	28,693,984	33594

State Special Revenue Fund Group	33595

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	33596
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	33597
TOTAL SSR State Special Revenue							33598
Fund Group			$	11,018,315	$	11,296,794	33599

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	33600

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	33601
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	33602
TOTAL 041 Persian Gulf,							33603
Afghanistan, and Iraq							33604
Compensation Fund Group			$	15,238,703	$	10,029,709	33605
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	33606

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	33607
OBLIGATION DEBT SERVICE	33608

The foregoing appropriation item 900901, Persian Gulf,	33609
Afghanistan and Iraq Compensation Debt Service, shall be used to	33610
pay all debt service and related financing costs during the period	33611
from July 1, 2013, through June 30, 2015, on obligations issued	33612
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	33613
purposes under sections 151.01 and 151.12 of the Revised Code.	33614

Sec. 512.70. ~~PROHIBITION ON TRANSFERS~~FISCAL YEAR 2014	33615
GENERAL REVENUE FUND ENDING BALANCE	33616

Notwithstanding section 131.44 of the Revised Code, ~~cash~~	33617
~~shall not be transferred to the Income Tax Reduction Fund prior to~~	33618
~~July 1, 2015~~of the surplus revenue, as that term is defined in	33619
that section, that exists on June 30, 2014, after the transfer of	33620
cash to the Budget Stabilization Fund (Fund 7013) required under	33621
division (B)(1)(a) of section 131.44 of the Revised Code, up to	33622
$300,000,000 cash shall be transferred by the Director of Budget	33623
and Management from the General Revenue Fund to the Medicaid	33624
Reserve Fund (Fund 5Y80).	33625

Any cash from the surplus revenue remaining after this	33626
transfer shall be reserved in the General Revenue Fund.	33627

Sec. 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

33628

There is hereby established in the Highway Operating Fund	33629
(Fund 7002), used by the Department of Transportation, a Diesel	33630
Emissions Reduction Grant Program. The Director of Environmental	33631
Protection shall administer the program and shall solicit,	33632
evaluate, score, and select projects submitted by public and	33633
private entities that are eligible for the federal Congestion	33634
Mitigation and Air Quality (CMAQ) Program. The Director of	33635
Transportation shall process Federal Highway	33636
Administration-approved projects as recommended by the Director of	33637
Environmental Protection.	33638

In addition to the allowable expenditures set forth in	33639
section 122.861 of the Revised Code, Diesel Emissions Reduction	33640
Grant Program funds also may be used to fund projects involving	33641
the purchase or use of hybrid and alternative fuel vehicles that	33642
are allowed under guidance developed by the Federal Highway	33643
Administration for the CMAQ Program.	33644

Public entities eligible to receive funds under section	33645
122.861 of the Revised Code and CMAQ shall be reimbursed from	33646
moneys in the Highway Operating Fund (Fund 7002) designated for	33647
the Department of Transportation's Diesel Emissions Reduction	33648
Grant Program.	33649

Private entities eligible to receive funds under section	33650
122.861 of the Revised Code and CMAQ shall be reimbursed through	33651
transfers of cash from moneys in the Highway Operating Fund (Fund	33652
7002) designated for the Department of Transportation's Diesel	33653
Emissions Reduction Grant Program to the Diesel Emissions	33654
Reduction Fund (Fund 3FH0), used by the Environmental Protection	33655
Agency, or at the direction of the local public agency sponsor and	33656
upon approval of the Department of Transportation, through direct	33657
payments to the vendor in the prorated share of federal/state	33658
participation. Total expenditures between both the Environmental	33659
Protection Agency from appropriation item 715693, Diesel Emissions	33660
Reduction Grants and the Department of Transportation from the	33661
Highway Operating Fund (Fund 7002) for the Diesel Emissions	33662
Reduction Grant Program shall not exceed ~~the amounts appropriated~~	33663
~~in this act for appropriation item 715693, Diesel Emissions~~	33664
~~Reduction Grants~~$10,000,000 in FY 2014 and $10,000,000 in FY	33665
2015.	33666

On or before June 30, 2014, the Director of Environmental	33667
Protection may certify to the Director of Budget and Management	33668
the amount of any unencumbered balance of the foregoing	33669
appropriation item 715693, Diesel Emissions Reduction Grants, for	33670
fiscal year 2014 to be used for the same purpose in fiscal year	33671
2015. Once the certification permitted under this section has been	33672
submitted and approved by the Director of Budget and Management,	33673
the amount approved ~~is hereby~~may be appropriated for fiscal year	33674
2015.	33675

Any cash transfers or allocations under this section	33676
represent CMAQ program moneys within the Department of	33677
Transportation for use by the Diesel Emissions Reduction Grant	33678
Program by the Environmental Protection Agency. These allocations	33679
shall not reduce the amount of such moneys designated for	33680
metropolitan planning organizations.	33681

The Director of Environmental Protection, in consultation	33682
with the ~~directors of Development Services and~~Director of	33683
Transportation, shall develop guidance for the distribution of	33684
funds and for the administration of the Diesel Emissions Reduction	33685
Grant Program. The guidance shall include a method of	33686
prioritization for projects, acceptable technologies, and	33687
procedures for awarding grants.	33688

Sec. 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

33689

The Department of Mental Health and Addiction Services, in	33690
consultation with the Department of Medicaid, shall administer the	33691
Recovery Requires a Community Program to identify individuals	33692
residing in nursing facilities who can be successfully moved into	33693
a community setting with the aid of community non-Medicaid	33694
services.	33695

The Director of Mental Health and Addiction Services and the	33696
Medicaid Director shall agree upon an amount representing the	33697
savings realized from decreased nursing facility utilization to be	33698
transferred within the biennium from the Department of Medicaid to	33699
the Department of Mental Health and Addiction Services to support	33700
non-Medicaid program costs for individuals moving into community	33701
settings.	33702

~~Of the foregoing appropriation item 651525, Medicaid/Health~~	33703
~~Care Services, the Medicaid Director shall transfer the amount~~	33704
~~agreed upon representing the savings from the General Revenue Fund~~	33705
~~to the Sale of Goods and Services Fund (Fund 1490). The transfer~~	33706
~~shall be made using an intrastate transfer voucher. The~~	33707
~~transferred cash is hereby appropriated to appropriation item~~	33708
~~335609, Community Operating/Planning.~~	33709

The Director of Mental Health and Addiction Services and the	33710
Medicaid Director shall certify the agreed upon amount to the	33711
Director of Budget and Management. Upon receipt of the	33712
certification, the Director of Budget and Management may increase	33713
appropriation item 335504, Community Innovations, up to the amount	33714
of the certification and decrease appropriation item 651525,	33715
Medicaid/Health Care Services, by an equal amount.	33716

Section 610.21. That existing Sections 207.10, 209.30,	33717
221.10, 241.10, 257.10, 257.20, 259.10, 259.210, 263.10, 263.230,	33718
263.240, 263.250, 263.270, 263.320, 263.325, 275.10, 282.10,	33719
282.30, 285.10, 285.20, 301.10, 301.33, 301.40, 301.143, 327.10,	33720
327.83, 333.10, 340.10, 349.10, 359.10, 363.10, 365.10, 395.10,	33721
403.10, 512.70, 512.80, and 751.10 of Am. Sub. H.B. 59 of the	33722
130th General Assembly are hereby repealed.	33723

Section 630.10. That Sections 207.100, 207.250, 207.340,	33724
207.440, 223.10, 239.10, 253.330, 269.10, and 701.50 of Am. H.B.	33725
497 of the 130th General Assembly be amended to read as follows:	33726

Sec. 207.100. CCC CUYAHOGA COMMUNITY COLLEGE

33727

Higher Education Improvement Fund (Fund 7034)	33728

C37838	Structural Concrete Repairs	$	7,000,000	33729
C37839	Roof Repair and Replacements	$	2,900,000	33730
C37840	Workforce Economic Development Renovations	$	1,700,000	33731
C37841	St. Vincent Charity Medical Center - Geriatric Behavioral Health Project	$	500,000	33732
C37842	Playhouse Square Ohio Theatre	$	1,500,000	33733
C37843	Cleveland Museum of Art - Final Phase	$	2,000,000	33734
C37844	Rock and Roll Hall of Fame	$	1,060,522	33735
TOTAL Higher Education Improvement Fund		$	~~15,600,000~~ 16,660,522	33736
TOTAL ALL FUNDS		$	~~15,600,000~~ 16,660,522	33737

Sec. 207.250. OTC OWENS COMMUNITY COLLEGE

33739

Higher Education Improvement Fund (Fund 7034)	33740

C38816	Penta Renovations	$	4,750,000	33741
C38826	College Hall Renovation	$	750,000	33742
C38827	Manufacturing Training Simulators	$	290,000	33743
C38828	ProMedica Transformative Low Income Medical Senior Housing	$	250,000	33744
TOTAL Higher Education Improvement Fund		$	~~5,790,000~~ 6,040,000	33745
TOTAL ALL FUNDS		$	~~5,790,000~~ 6,040,000	33746

Sec. 207.340. UTO UNIVERSITY OF TOLEDO

33748

Higher Education Improvement Fund (Fund 7034)	33749

C34058	Campus Energy Cost Reduction Project	$	1,500,000	33750
C34067	Anatomy Specimen Storage Facility	$	3,500,000	33751
C34068	Academic Technology and Renovation Projects	$	3,000,000	33752
C34069	Campus Infrastructure Improvements	$	3,000,000	33753
C34070	NW Ohio Plastics Training Center	$	2,000,000	33754
C34071	Elevator Safety Repairs and Replacements	$	2,000,000	33755
C34072	Building Automation System Upgrades	$	1,500,000	33756
C34073	Mechanical System Improvements	$	1,500,000	33757
C34074	Backbone Core Router Replacements	$	1,600,000	33758
C34075	Network Infrastructure Replacement	$	1,400,000	33759
C34076	Northwest Ohio Food Partnership Center	$	1,000,000	33760
C34077	Mercy College Science Facilities Expansion and Renovation	$	500,000	33761
C34078	Northwest Ohio Workforce Development and Advanced Manufacturing Training Center	$	1,000,000	33762
~~C34079~~	~~Promedica Transformative Low Income Medical Senior Housing~~	$	~~250,000~~	33763
TOTAL Higher Education Improvement Fund		$	~~23,750,000~~ 23,500,000	33764
TOTAL ALL FUNDS		$	~~23,750,000~~ 23,500,000	33765

Sec. 207.440. The Ohio Public Facilities Commission is hereby	33767
authorized to issue and sell, in accordance with Section 2n of	33768
Article VIII, Ohio Constitution, and Chapter 151. and particularly	33769
sections 151.01 and 151.04 of the Revised Code, original	33770
obligations in an aggregate principal amount not to exceed	33771
~~$506,000,000~~$507,000,000, in addition to the original issuance of	33772
obligations heretofore authorized by prior acts of the General	33773
Assembly. These authorized obligations shall be issued, subject to	33774
applicable constitutional and statutory limitations, as needed to	33775
provide sufficient moneys to the credit of the Higher Education	33776
Improvement Fund (Fund 7034) and the Higher Education Improvement	33777
Taxable Fund (Fund 7024) to pay costs of capital facilities as	33778
defined in sections 151.01 and 151.04 of the Revised Code for	33779
state-supported and state-assisted institutions of higher	33780
education.	33781

Sec. 223.10. DNR DEPARTMENT OF NATURAL RESOURCES

33782

Wildlife Fund (Fund 7015)	33783

C725K9		Wildlife Area Building Development/Renovations		$	6,400,000		33784
TOTAL Wildlife Fund				$	6,400,000		33785

Administrative Building Fund (Fund 7026)	33786

C725D5	Fountain Square Telephone Improvements	$	2,250,000	33787
C725D7	MARCS Equipment	$	2,490,150	33788
C725E0	DNR Fairgrounds Areas Upgrading	$	485,000	33789
C725N7	District Office Renovations	$	2,000,000	33790
TOTAL Administrative Building Fund		$	7,225,150	33791

Ohio Parks and Natural Resources Fund (Fund 7031)	33792

C72549	Facilities Development	$	1,250,000	33793
C72599	State Parks, Campgrounds, Lodges, Cabins	$	2,600,000	33794
C725C2	Canals Hydraulics Work and Support Facilities	$	200,000	33795
C725E1	Local Parks Projects Statewide	$	11,366,525	33796
C725E5	Project Planning	$	2,749,000	33797
C725J0	Natural Areas/Preserves Maintenance/Facilities	$	1,000,000	33798
C725K0	State Park Renovations/Upgrading	$	13,027,940	33799
C725N5	Wastewater/Water Systems Upgrades	$	12,055,000	33800
C725N8	Operations Facilities Development	$	2,500,000	33801
C72501	The Wilds	$	500,000	33802
C725T3	Healthy Lake Erie Initiative	$	10,000,000	33803
C725U0	~~Savanna Ridge Enterprise Zone -~~ Cleveland ~~Metroparks Zoo~~ Zoological Society Savannah Ridge Project	$	500,000	33804
TOTAL Ohio Parks and Natural Resources Fund		$	57,748,465	33805

Parks and Recreation Improvement Fund (Fund 7035)	33806

C725A0	State Parks, Campgrounds, Lodges, Cabins	$	42,050,000	33807
C725B2	State Park Maintenance Facility Development	$	3,000,000	33808
C725B5	Buckeye Lake Dam Rehabilitation	$	4,000,000	33809
C725E2	Local Parks Projects	$	35,639,595	33810
C725E6	Project Planning	$	5,901,000	33811
C725M5	Lake Erie Island State Park/Middle Bass Island State Park	$	6,000,000	33812
C725R4	Dam Rehabilitation - Parks	$	41,100,000	33813
TOTAL Parks and Recreation Improvement Fund		$	137,690,595	33814

Clean Ohio Trail Fund (Fund 7061)	33815

C72514		Clean Ohio Trail Fund		$	12,500,000		33816
TOTAL Clean Ohio Trail Fund				$	12,500,000		33817

Waterways Safety Fund (Fund 7086)	33818

C725A7	Cooperative Funding for Boating Facilities	$	9,200,000	33819
C725N9	Operations Facilities Development	$	820,000	33820
C725Q6	Facilities Development	$	5,363,274	33821
TOTAL Waterways Safety Fund		$	15,383,274	33822
TOTAL ALL FUNDS		$	236,947,484	33823

FEDERAL REIMBURSEMENT

33824

All reimbursements received from the federal government for	33825
any expenditures made pursuant to this section shall be deposited	33826
in the state treasury to the credit of the ~~Parks and Recreation~~	33827
~~Improvement Fund (Fund 7035)~~fund from which the expenditure	33828
originated.	33829

LOCAL PARK PROJECTS STATEWIDE

33830

Of the foregoing appropriation item C725E1, Local Parks	33831
Projects Statewide, an amount equal to two per cent of the	33832
projects listed may be used by the Department of Natural Resources	33833
for the administration of local projects, $3,500,000 shall be used	33834
for the Flats East Gateway and Riverfront Park, $1,000,000 shall	33835
be used for the City of Celina Boardwalk, $1,000,000 shall be used	33836
for the Middletown River Center, $1,000,000 shall be used for the	33837
Voice of America Multi-Purpose Field and Athletic Complex,	33838
$1,000,000 shall be used for the Euclid Waterfront Improvements	33839
Plan - Phase II Implementation, $875,000 shall be used for the	33840
Preble County Agricultural Facility Improvements, $500,000 shall	33841
be used for the New Economy Neighborhood - Phase II, $500,000	33842
shall be used for the Nimisila Spillway Replacement Project,	33843
$350,000 shall be used for the Perry Township Park Lakeshore	33844
Stabilization, $300,000 shall be used for the Fairfield Sports	33845
Complex Entrance, $250,000 shall be used for the Riverfront	33846
Enhancement, $250,000 shall be used for the Earl Thomas Conley	33847
Riverside Park Campground, $150,000 shall be used for the Treasure	33848
Island River Corridor Improvement, $150,000 shall be used for the	33849
Russ Nature Reserve, $100,000 shall be used for the Hillsboro	33850
North High Trail and Pedestrian Bridge, $100,000 shall be used for	33851
the PASA Field Lighting, $100,000 shall be used for the Gallipolis	33852
Riverfront Project – Phase I, $80,000 shall be used for the Black	33853
River Landing Pavilion, $50,000 shall be used for the Loudonville	33854
Public Swimming Pool, $35,000 shall be used for the A.S.K.	33855
Playground, $30,000 shall be used for the Medina Community	33856
Recreation Center, $25,000 shall be used for the Newbury Veterans'	33857
Memorial Park, and $21,525 shall be used for the Black Swamp	33858
Education Center Parking Lot.	33859

LOCAL PARKS PROJECTS

33860

Of the foregoing appropriation item C725E2, Local Parks	33861
Projects, an amount equal to two per cent of the projects listed	33862
may be used by the Department of Natural Resources for the	33863
administration of local projects, $15,000,000 shall be used for	33864
the Veterans Memorial, $5,000,000 shall be used for the City of	33865
Cleveland - Lakefront Access Project, $4,000,000 shall be used for	33866
the Banks Project - Phase IIIA, $1,500,000 shall be used for the	33867
Fifth Third Field Sports Plaza, $1,500,000 shall be used for the	33868
Lima Stadium Park, $1,000,000 shall be used for the Little Miami	33869
Scenic Trail- Bridge Construction, $500,000 shall be used for the	33870
Shaker Heights Van Aken District, $500,000 shall be used for the	33871
Cascade Plaza Renovation, $500,000 shall be used for the Olentangy	33872
Greenway Trail Highbanks Connector, $500,000 shall be used for	33873
Hilliard Station Park, $500,000 shall be used for the MidPointe	33874
Crossing - Swift Park, $500,000 shall be used for the Smale	33875
Riverfront Park, $500,000 shall be used for the Green Township	33876
Harrison Avenue Hike/Bike Fitness Trail, $300,000 shall be used	33877
for the Historic Loveland Bike Trail Parking Spur, $400,000 shall	33878
be used for the City of Sylvania River Trail, $285,545 shall be	33879
used for the Celina Westview Park Quad, $250,000 shall be used for	33880
the New Bremen Lions Park Development, $250,000 shall be used for	33881
the Montgomery County Agricultural Facility Improvements, $250,000	33882
shall be used for Northam Park, $250,000 shall be used for the	33883
Urban Youth Academy - Roselawn Park, $250,000 shall be used for	33884
the Miamisburg Riverfront Park, $218,000 shall be used for Laurel	33885
Park, Winesburg, $165,000 shall be used for the Fredericktown Bike	33886
Path, $150,000 shall be used for the Logan County Agricultural	33887
Facility Improvements, $150,000 shall be used for the Help All	33888
Kids Play Hilliard Fields Sports Complex, $150,000 shall be used	33889
for York Township Park, $150,000 shall be used for Eastview Park,	33890
$120,000 shall be used for the Shelby County Agricultural Facility	33891
Improvements, $100,000 shall be used for the Ohio to Erie Trail,	33892
$100,000 shall be used for Mt. Vernon Foundation Park, $100,000	33893
shall be used for the Shanes Park Expansion, $92,000 shall be used	33894
for the Defiance County Agricultural Facility Improvements,	33895
$50,000 shall be used for the Moonville Rail Trail Bridges and	33896
Construction, $50,000 shall be used for the All-Pro Freight	33897
Stadium Improvements, $50,000 shall be used for the Bowling Green	33898
Nature Center, $49,000 shall be used for the Lynchburg Old School	33899
Park, $45,000 shall be used for the Bruce L. Chapin Bridge -	33900
Northcoast Inland Trail, $40,000 shall be used for Pyramid Hill	33901
Sculpture Park, $35,000 shall be used for Coldwater Memorial Park,	33902
$32,300 shall be used for the Norwalk Soccer Shelter, $30,000	33903
shall be used for the Round Town Bike Trail, and $27,750 shall be	33904
used for the Shalersville Park Walking Trail.	33905

Sec. 239.10. FCC FACILITIES CONSTRUCTION COMMISSION

33906

Lottery Profits Education Fund (Fund 7017)	33907

C23014		Classroom Facilities Assistance Program – Lottery Profits		$	100,000,000		33908
TOTAL Lottery Profits Education Fund				$	100,000,000		33909

Public School Building Fund (Fund 7021)	33910

C230V9		School Security Grants		$	17,345,000		33911
TOTAL Public School Building Fund				$	17,345,000		33912

Administrative Building Fund (Fund 7026)	33913

C23016	Energy Conservation Projects	$	3,000,000	33914
C230E5	State Agency Planning/Assessment	$	500,000	33915
TOTAL Administrative Building Fund		$	3,500,000	33916

Cultural and Sports Facilities Building Fund (Fund 7030)	33917

C23022	Woodward Opera House Redevelopment	$	100,000	33918
C23023	OHS - Ohio History Center Exhibit Replacement	$	840,750	33919
C23024	OHS - Statewide Site Exhibit Renovation	$	420,000	33920
C23025	OHS - Statewide Site Repairs	$	1,152,700	33921
C23027	OHS - Zoar Village Building Restoration	$	502,500	33922
C23028	OHS - Basic Renovations and Emergency Repairs	$	850,000	33923
C23030	OHS - Rankin House State Memorial	$	653,000	33924
C23031	OHS - Harding Home State Memorial	$	250,000	33925
C23032	OHS - Ohio Historical Center Rehabilitation	$	985,000	33926
C23033	OHS - Stowe House State Memorial	$	300,000	33927
C23038	OHS - Fort Amanda State Memorial	$	395,000	33928
C23042	Tecumseh - Sugarloaf Mountain Amphitheatre	$	33,500	33929
C23044	OHS - Ohio River Museum	$	52,200	33930
C23045	OHS - Lockington Locks Stabilization	$	358,900	33931
C23057	OHS - Online Portal to Ohio's Heritage	$	1,246,000	33932
C23059	Lake Erie Nature and Science Center	$	300,000	33933
C23068	Huntington House	$	75,000	33934
C23077	Columbus Museum of Art: Expansion and Renovation Phase 3	$	1,101,000	33935
C23083	Stan Hywet Hall & Gardens Restoration	$	1,560,522	33936
C23091	Ohio Theatre - Toledo	$	201,000	33937
C23098	Twin City Opera House	$	400,000	33938
C230A1	Preble County Historical Society	$	50,000	33939
C230A6	Secrest Auditorium Renovation	$	125,000	33940
C230B1	Karamu House	$	1,060,522	33941
C230C5	OHS - Collections Storage Facility Object Evaluation	$	212,000	33942
C230C6	OHS - Historic Site Signage	$	300,000	33943
C230C8	OHS - Serpent Mound	$	397,900	33944
C230D1	OHS – Great Circle Earthworks	$	75,000	33945
C230D4	OHS - Fort Laurens	$	45,000	33946
C230E6	OHS - Exhibits for Native American Sites	$	500,000	33947
C230E7	OHS - Hayes Presidential Center	$	50,000	33948
C230E8	OHS - Armstrong Air and Space Museum	$	45,000	33949
C230E9	OHS - Museum of Ceramics	$	223,850	33950
C230F1	OHS - Campus Martius Museum	$	145,200	33951
C230F2	Second Century Project	$	200,000	33952
C230F3	Stuart's Opera House	$	500,000	33953
C230F4	The Gordon, Hauss, Folk Company Mill	$	250,000	33954
C230F5	Thatcher Temple Art Building	$	37,500	33955
C230F6	Fitton Center for Creative Arts	$	100,000	33956
C230F7	Oxford Community Arts Center	$	450,000	33957
C230F8	Gammon House Improvements	$	75,000	33958
C230F9	Clark State Community College Performing Arts Center	$	275,000	33959
C230G1	Murphy Theatre	$	150,000	33960
C230G2	Johnson-Humrick House Museum	$	57,960	33961
C230G3	Public artPARK	$	200,000	33962
C230G4	Schines Art Park	$	357,500	33963
C230G5	Bedford Historical Society	$	100,000	33964
C230G6	Rainey Institute - Safe Parking	$	$125,000	33965
C230G7	Ukrainian Museum - Archives	$	125,000	33966
C230G8	Cleveland African American Museum Restoration and Expansion	$	150,000	33967
C230G9	Great Lakes Science Center Omnimax Theatre	$	500,000	33968
C230H1	Cleveland Music School Settlement - Burke Mansion Performing Arts Center	$	255,000	33969
C230H2	Cozad Bates House	$	365,131	33970
C230H3	Beck Center	$	402,349	33971
C230H5	University Hospital Seidman Cancer Center Proton Therapy Center	$	500,000	33972
C230H7	Western Reserve Historical Society	$	750,000	33973
C230H9	Gordon Square Arts District	$	1,000,000	33974
~~C230J1~~	~~Rock and Roll Hall of Fame~~	$	~~1,060,522~~	33975
C230J4	Cleveland Museum of Natural History	$	2,500,000	33976
C230J5	Phillis Wheatley - Hunter's Cove House	$	350,000	33977
C230J6	West Side Market Renovation	$	500,000	33978
C230J7	Cardinal Center	$	75,000	33979
C230J8	War of 1812 Bicentennial Native American Bowery Education Center	$	24,913	33980
C230J9	St. Clair Memorial Hall	$	500,000	33981
C230K1	Historic Strand Theatre Renovation	$	150,000	33982
C230K2	Delaware Veterans Memorial Plaza	$	320,000	33983
C230K3	African-American Legacy Project	$	75,000	33984
C230K4	Ohio Glass Museum Furnace System	$	10,000	33985
C230K5	Saylor House and Reese-Peters House Preservation	$	20,000	33986
C230K6	Victoria Opera House Restoration Phase 2	$	30,000	33987
C230K7	Georgian Museum Storage Facility	$	30,000	33988
C230K8	Sherman House Museum	$	35,000	33989
C230K9	Washington Court House Auditorium Project	$	100,000	33990
C230L1	McCoy Community Center of the Arts - Video Projection System	$	50,000	33991
C230L2	Glass Axis Relocation	$	150,000	33992
C230L3	Harmony Project	$	300,000	33993
C230L4	CCAD Cinematic Arts and Motion Capture Studio and Auditorium	$	750,000	33994
C230L5	Columbus Theater-Based Community Development Project	$	1,000,000	33995
C230L6	Franklin Park Conservatory Joint Recreation District	$	1,000,000	33996
C230L7	Sauder Village - 1920 Homestead	$	300,000	33997
C230L8	Fulton County Visitor and Heritage Center	$	1,000,000	33998
C230L9	Ariel-Ann Carson Dater Performing Arts Centre	$	100,000	33999
C230M1	French Art Colony/Riverby Theatre Guild	$	100,000	34000
C230M2	Geauga County Historical Society	$	56,000	34001
C230M3	Chardon Lyric Theatre	$	50,000	34002
C230M4	Chardon Heritage House	$	200,000	34003
C230M5	Incline Theater Project	$	550,000	34004
C230M6	Cincinnati Art Museum - Make Room for Art	$	825,000	34005
C230M7	Hamilton County Memorial Hall	$	2,000,000	34006
C230M8	Cincinnati Zoo	$	2,000,000	34007
C230M9	Union Terminal Restoration	$	5,000,000	34008
C230N1	Cincinnati Music Hall Revitalization	$	5,000,000	34009
C230N2	Kan Du Community Arts Center	$	520,000	34010
C230N3	Findlay Central Auditorium	$	1,000,000	34011
C230N4	Appalachian Forest Museum	$	100,000	34012
C230N5	Logan Theater	$	25,000	34013
C230N6	Willard Train Viewing Platform	$	50,000	34014
C230N7	Markay Theatre Renovation	$	150,000	34015
C230N8	Grand Theater Restoration Project	$	140,000	34016
C230N9	South Leroy Historic Meeting House Restoration	$	15,000	34017
C230P1	Willoughby Fine Arts Association - Facility Expansion	$	500,000	34018
C230P2	Ironton Cultural Arts Operations Facility	$	100,000	34019
C230P3	Sterling Theater Revitalization Project	$	200,000	34020
C230P4	Logan County Veterans' Memorial Hall	$	250,000	34021
C230P5	Columbia Station 1812 Block House Project	$	28,000	34022
C230P6	Avon Isle Renovation Phase 2	$	82,775	34023
C230P7	Oberlin Gasholder Building/Underground Railroad Center	$	200,000	34024
C230P8	Carnegie Building Renovation	$	500,000	34025
C230P9	Toledo Zoo	$	750,000	34026
C230Q1	Imagination Station Improvements	$	695,000	34027
C230Q2	War of 1812 Exhibit	$	35,000	34028
C230Q3	Columbus Zoo and Aquarium	$	1,000,000	34029
C230Q4	Toledo Repertoire Theatre	$	150,000	34030
C230Q5	Valentine Theatre Initiative	$	136,000	34031
C230Q6	Southern Park Historic District	$	250,000	34032
C230Q7	Butler Institute of Art	$	279,717	34033
C230Q8	Stambaugh Auditorium	$	500,000	34034
C230Q9	Marion Palace Theatre	$	731,000	34035
C230R1	Bradford Rail Museum	$	275,000	34036
C230R2	K12 and TEJAS Building Project	$	50,000	34037
C230R3	River Run Murals Project	$	82,500	34038
C230R4	Dayton Contemporary Dance Company Studio Renovations	$	125,000	34039
C230R5	Wright Company Factory Project	$	250,000	34040
C230R6	Victoria Theatre and Metropolitan Arts Center	$	825,000	34041
C230R7	Preserving & Updating the Historic Dayton Art Institute	$	2,198,500	34042
C230R8	National Ceramic Museum and Heritage Center Renovation	$	100,000	34043
C230R9	Opera House Project	$	100,000	34044
C230S1	Tecumseh Theater - Opera House Restoration	$	140,000	34045
C230S2	Perry County Historical and Cultural Arts Center	$	341,600	34046
C230S3	Hayden Auditorium - Hiram	$	260,854	34047
C230S4	Majestic Theater Renovation	$	36,000	34048
C230S5	Lucy Webb Hayes Heritage Center Exterior Replacement and Restoration	$	100,000	34049
C230S6	Pumphouse Center for the Arts	$	130,000	34050
C230S7	Historic Sidney Theatre	$	500,000	34051
C230S8	Pro Football Hall of Fame	$	10,000,000	34052
C230S9	Park Theater Renovation	$	159,078	34053
C230T1	Akron Civic Theater	$	530,261	34054
C230T2	John Brown House and Grounds	$	50,000	34055
C230T3	Hale Farm	$	500,000	34056
C230T4	Urichsville Clay Museum	$	150,000	34057
C230T5	Mason Historical Society	$	350,000	34058
C230T6	Cincinnati Zoo - Big Cat Facility	$	1,000,000	34059
C230T7	Historic Theatre Restoration	$	500,000	34060
C230T8	County Line Historical Society	$	46,000	34061
C230T9	Pemberville Opera House Elevator Project	$	220,000	34062
C230U1	Wood County Historical Center & Museum Accessibility Project	$	600,000	34063
C230U2	Avon Lake - Folger House	$	150,000	34064
C230U3	DeYor Performing Arts Center	$	100,000	34065
TOTAL Cultural and Sports Facilities Building Fund		$	~~76,400,704~~ 75,340,182	34066

School Building Program Assistance Fund (Fund 7032)	34067

C23002	School Building Program Assistance	$	575,000,000	34068
TOTAL School Building Program Assistance Fund		$	575,000,000	34069
TOTAL ALL FUNDS		$	~~754,900,704~~ 771,185,182	34070

SCHOOL SECURITY GRANTS

34071

The foregoing appropriation item C230V9, School Security	34072
Grants, shall be used by the School Facilities Commission to	34073
provide funding to all public and chartered nonpublic schools for	34074
the purchase and installation of one Multi-Agency Radio	34075
Communications System (MARCS) unit per school building and a	34076
security door system, consisting of a security camera, an	34077
intercom, and remote access, at one main entrance per school	34078
building. If law enforcement agencies with jurisdiction over all	34079
or a portion of the geographical area of a public or chartered	34080
nonpublic school do not use MARCS, a public or chartered nonpublic	34081
school may purchase one emergency communications system compatible	34082
with the system or systems in use by law enforcement agencies with	34083
jurisdiction over the school territory. A public or chartered	34084
nonpublic school may apply to the School Facilities Commission for	34085
reimbursement up to $2,000 for one MARCS unit or other emergency	34086
communications system per school building and up to $5,000 for	34087
costs incurred with the purchase of a security door system	34088
installed on or after January 1, 2013. A public or chartered	34089
nonpublic school may receive reimbursement for either a MARCS unit	34090
or another emergency communications system, but not both. A school	34091
previously awarded funds for one of the grant items under this	34092
program may not receive a second award for that same grant item.	34093

STATE AGENCY PLANNING/ASSESSMENT

34094

The foregoing appropriation item C230E5, State Agency	34095
Planning/Assessment, shall be used by the Facilities Construction	34096
Commission to provide assistance to any state agency for	34097
assessment, capital planning, and maintenance management.	34098

GEAUGA COUNTY HISTORICAL SOCIETY

34099

Of the foregoing appropriation item C230M2, Geauga County	34100
Historical Society, $12,000 shall be used for Geauga Historical	34101
Society – White Barn Restoration, $18,000 shall be used for Geauga	34102
Historical Society – Maple Museum, and $26,000 shall be used for	34103
Geauga Historical Society – Lennah Bond Center.	34104

SCHOOL BUILDING PROGRAM ASSISTANCE

34105

The foregoing appropriation item C23002, School Building	34106
Program Assistance, shall be used by the School Facilities	34107
Commission to provide funding to school districts that receive	34108
conditional approval from the Commission pursuant to Chapter 3318.	34109
of the Revised Code.	34110

Reappropriations

Sec. 253.330. UCN UNIVERSITY OF CINCINNATI

34111

Higher Education Improvement Fund (Fund 7034)				34112
C26530	Medical Science Building Renovation and Expansion	$	9,700,000	34113
C26553	Developmental Neurobiology	$	294,637	34114
C26586	People Working Cooperatively	$	100,000	34115
C26604	Barrett Cancer Center	$	26,765	34116
C26606	Hebrew Union College	$	119,167	34117
C26615	Beech Acres	$	3,665	34118
~~C26616~~	~~Forest Park Homeland Security Facility~~	$	~~50,000~~	34119
C26628	Rieveschl 500 Teaching Lab	$	67,303	34120
C26657	Blue Ash City Conference Center	$	150,000	34121
C26666	Snyder Building Roof Replacement - Clermont	$	1,455,000	34122
C26669	General Electric Aviation Research Center	$	4,850,000	34123
C26671	Muntz Hall Renovations, 100 Level	$	298,290	34124
C26673	MRI Pilot Microfactory	$	77,600	34125
C26675	Kettering Lab – Mechanical and Electrical Renovation	$	286,152	34126
C26680	Muntz Hall Rehabilitation – Phase 1	$	1,150,000	34127
C26681	Institutional Roof Replacements	$	815,000	34128
C26686	Hamilton County Fairgrounds Improvements	$	50,000	34129
TOTAL Higher Education Improvement Fund		$	19,443,579	34130
TOTAL ALL FUNDS		$	19,443,579	34131

KETTERING LAB – MECHANICAL AND ELECTRICAL RENOVATION

34132

The amount reappropriated for the foregoing appropriation	34133
item C26675, Kettering Lab – Mechanical and Electrical Renovation,	34134
is the unencumbered and unallotted balance as of June 30, 2014, in	34135
appropriation item C26675, Kettering Lab - Mechanical and	34136
Electrical Renovation, plus the unencumbered and unallotted	34137
balance as of June 30, 2014, in appropriation items C26541,	34138
Student Services, and C26571, Gas Turbine Spray Combustion.	34139

MUNTZ HALL REHABILITATION – PHASE 1

34140

The amount reappropriated for the foregoing appropriation	34141
item C26680, Muntz Hall Rehabilitation - Phase 1, is the	34142
unencumbered and unallotted balance as of June 30, 2014, in	34143
appropriation item C26680, Muntz Hall Rehabilitation - Phase 1,	34144
plus the unencumbered and unallotted balance as of June 30, 2014,	34145
in appropriation items C26502, Raymond Walters Renovations, and	34146
C26667, Muntz Hall Roof Replacement – Blue Ash.	34147

INSTITUTIONAL ROOF REPLACEMENTS

34148

The amount reappropriated for the foregoing appropriation	34149
item C26681, Institutional Roof Replacements, is the unencumbered	34150
and unallotted balance as of June 30, 2014, in appropriation item	34151
C26681, Institutional Roof Replacements, plus the unencumbered and	34152
unallotted balance as of June 30, 2014, in appropriation item	34153
C26665, Health Professions Building Roof Repairs.	34154

HAMILTON COUNTY FAIRGROUNDS IMPROVEMENTS

34155

The amount reappropriated for the foregoing appropriation	34156
item C26686, Hamilton County Fairgrounds Improvements, is the	34157
unencumbered and unallotted balance as of June 30, 2014, in	34158
appropriation item C26686, Hamilton County Fairgrounds	34159
Improvements, plus the unencumbered and unallotted balance as of	34160
June 30, 2014, in appropriation item C26616, Forest Park Homeland	34161
Security Facility.	34162

Reappropriations

Sec. 269.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	34163
SERVICES	34164

Mental Health Facilities Improvement Fund (Fund 7033)				34165
C58000	Hazardous Materials Abatement	$	121,250	34166
C58001	Community Assistance Projects	$	485,000	34167
C58004	Demolition	$	145,500	34168
C58006	Patient Care/Environment Improvement	$	291,000	34169
C58007	Infrastructure Renovations	$	485,000	34170
C58008	Emergency Improvements	$	291,000	34171
C58009	Patient Environment Improvement Consolidation	$	1,202	34172
C58010	Campus Consolidation	$	4,850,000	34173
C58020	Mandel Jewish Community Center	$	210,000	34174
TOTAL Mental Health Facilities Improvement Fund		$	6,879,952	34175
TOTAL ALL FUNDS		$	6,879,952	34176

INFRASTRUCTURE RENOVATIONS

34177

The amount reappropriated for the foregoing appropriation	34178
item C58007, Infrastructure Renovations, is the unencumbered and	34179
unallotted balance as of June 30, 2014, plus $2,225,572. Prior to	34180
the expenditure of this reappropriation, the Director of Mental	34181
Health and Addiction Services shall certify to the Director of	34182
Budget and Management canceled encumbrances in the amount of at	34183
least $2,225,572.	34184

Sec. 701.50. DISASTER SERVICES

34185

Notwithstanding any other provision of law, upon the request	34186
of the Department of Public Safety, the Controlling Board may	34187
approve the transfer of up to ~~$4,000,000~~$8,000,000 from the	34188
Disaster Services Fund (Fund 5E20) to a fund and appropriation	34189
item used by the Department of Public Safety for Putnam County	34190
flood mitigation projects. Moneys in the designated fund shall be	34191
awarded to the local public agency that is leading the projects.	34192

Section 630.11. That existing Sections 207.100, 207.250,	34193
207.340, 207.440, 223.10, 239.10, 253.330, 269.10, and 701.50 of	34194
Am. H.B. 497 of the 130th General Assembly are hereby repealed.	34195

Section 640.10. That Section 9 of Am. Sub. S.B. 206 of the	34196
130th General Assembly be amended to read as follows:	34197

Sec. 9. All items in this section are hereby appropriated as	34198
designated out of any moneys in the state treasury to the credit	34199
of the designated fund. For all appropriations made in this act,	34200
those in the first column are for fiscal year 2014 and those in	34201
the second column are for fiscal year 2015. The appropriations	34202
made in this act are in addition to any other appropriations made	34203
for the FY 2014-FY 2015 biennium.	34204

Appropriations

JMO JOINT MEDICAID OVERSIGHT COMMITTEE	34205

General Revenue Fund	34206

GRF	048321	Operating Expenses	$	350,000	$	500,000	34207
TOTAL GRF General Revenue Fund			$	350,000	$	500,000	34208
TOTAL ALL BUDGET FUND GROUPS			$	350,000	$	500,000	34209

OPERATING EXPENSES

34210

The foregoing appropriation item 048321, Operating Expenses,	34211
shall be used to support expenses related to the Joint Medicaid	34212
Oversight Committee created by section 103.41 of the Revised Code.	34213

On July 1, 2014, or as soon as possible thereafter, the	34214
Executive Director of the Joint Medicaid Oversight Committee may	34215
certify to the Director of Budget and Management the amount of the	34216
unexpended, unencumbered balance of the foregoing appropriation	34217
item 048321, Operating Expenses, at the end of fiscal year 2014 to	34218
be reappropriated to fiscal year 2015. The amount certified is	34219
hereby reappropriated to the same appropriation item for fiscal	34220
year 2015.	34221

Section 640.11. That existing Section 9 of Am. Sub. S.B. 206	34222
of the 130th General Assembly is hereby repealed.	34223

Section 690.10. That Section 747.40 of Am. Sub. H.B. 59 of	34224
the 130th General Assembly is hereby repealed.	34225

Section 703.10. (A) There is hereby created the Mental Health	34226
and Addiction Services Planning for Ohio's Future Study Committee.	34227
The Committee shall review and make recommendations for improving	34228
access and dedicating consistent funding streams to this state's	34229
mental health and addiction services programming. The Committee	34230
shall consist of the following members:	34231

(1) The Director of Job and Family Services or the Director's	34232
designee;	34233

(2) The Medicaid Director or the Director's designee;

34234

(3) The Director of Mental Health and Addiction Services or	34235
the Director's designee;	34236

(4) The Director of Health or the Director's designee;

34237

(5) The Director of Rehabilitation and Corrections or the	34238
Director's designee;	34239

(6) The Director of Youth Services or the Director's	34240
designee;	34241

(7) The Attorney General or the Attorney General's designee;

34242

(8) The Chief Justice of the Supreme Court of Ohio or the	34243
Chief Justice's designee;	34244

(9) The Executive Director of the Ohio Commission on Minority	34245
Health;	34246

(10) The Superintendent of Public Instruction or the	34247
Superintendent's designee;	34248

(11) One representative from each of the following	34249
organizations, appointed by the organization's chief executive	34250
officer or the individual serving in an equivalent capacity for	34251
the organization:	34252

(a) The Association of Ohio Health Commissioners,	34253
Incorporated;	34254

(b) The County Commissioners' Association of Ohio;

34255

34256

(d) The Multiethnic Advocates for Cultural Competence,	34257
Incorporated;	34258

(e) The National Alliance on Mental Illness (NAMI) Ohio;

34259

(f) The National Association of Social Workers Ohio Chapter;

34260

(g) The Ohio Alliance of Recovery Providers;

34261

(h) The Ohio Association of Community Health Centers;

34262

(i) The Ohio Association of County Behavioral Health	34263
Authorities;	34264

(j) The Ohio Association of Health Plans;

34265

(k) The Ohio Children's Hospital Association;

34266

(l) Ohio Citizen Advocates for Addiction Recovery;

34267

(m) The Ohio Council of Behavioral Health and Family Services	34268
Providers;	34269

(n) The Ohio Empowerment Coalition;

34270

(o) The Ohio Hospital Association;

34271

(p) The Ohio Psychiatric Physicians Association;

34272

(q) The Ohio Psychological Association;

34273

(r) The Ohio Suicide Prevention Foundation.

34274

(12) One executive director of an alcohol, drug addiction,	34275
and mental health service district, who shall be selected by the	34276
directors of the six Ohio Department of Mental Health and	34277
Addiction Services regional psychiatric hospitals, to represent	34278
the six regional psychiatric hospitals.	34279

(B) Appointments to the Committee shall be made not later	34280
than fifteen days after the effective date of this section.	34281
Vacancies shall be filled in the same manner as the original	34282
appointments. The Committee shall convene not later than thirty	34283
days after the effective date of this section.	34284

(C) Members of the Committee shall serve without compensation	34285
or reimbursement for expenses incurred while serving on the	34286
Committee.	34287

(D) The Legislative Service Commission shall provide	34288
administrative support for the Committee.	34289

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

34290

(1) Review evidence of the correlation between effective,	34291
efficient, and evidence-based behavioral health programming and	34292
cost savings to this state;	34293

(2) Identify existing best practices for improving consumer	34294
access to mental health and addiction services programming;	34295

(3) Recommend a five-year vision that this state should adopt	34296
relating to mental health and addiction services and programming	34297
essential to help consumers lead safe, healthy, and productive	34298
lives in the community;	34299

(4) Recommend financial strategies to sustain the mental	34300
health and addiction services system of this state over time to	34301
create a state funding stream that is constant and does not	34302
fluctuate with every state budget proposal;	34303

(5) Ensure that all recommendations adhere to state and	34304
federal law.	34305

(F) The Committee shall prepare a report of its findings and	34306
recommendations and, not later than December 31, 2014, submit the	34307
report to the General Assembly and the Governor. Upon submission	34308
of the report, the Committee shall cease to exist.	34309

Section 719.10. On and after the effective date of this act,	34310
the full-time judge of the Avon Lake Municipal Court, who prior to	34311
the effective date of this act was the part-time judge of that	34312
court, shall perform the duties of a full-time judge of a	34313
municipal court, shall receive the salary specified in law for a	34314
full-time judge of a municipal court, and shall be subject to any	34315
restriction specified in law for a full-time judge of a municipal	34316
court.	34317

Section 729.10. (A)(1) There is hereby created the Criminal	34318
Justice Recodification Committee, consisting of nineteen members.	34319
Two members shall be members of the Senate, appointed by the	34320
President of the Senate. Two members shall be members of the House	34321
of Representatives, appointed by the Speaker of the House of	34322
Representatives. One member shall be the Director of	34323
Rehabilitation and Correction or the Director's individual	34324
designee. Three members, not more than two of whom shall be	34325
members of the same political party, shall be judges jointly	34326
appointed by the President of the Senate and the Speaker of the	34327
House of Representatives after consulting with the Chief Justice	34328
of the Supreme Court, with each judge being a judge of a court of	34329
appeals, judge of a court of common pleas, judge of a municipal	34330
court, or judge of a county court. The following eleven members,	34331
not more than six of whom shall be members of the same political	34332
party, shall be jointly appointed by the President of the Senate	34333
and the Speaker of the House of Representatives after consulting	34334
with the appropriate state associations, if any, that are	34335
represented by these members: one sheriff; one peace officer of a	34336
municipal corporation or township; three prosecutors, each of whom	34337
is a county prosecuting attorney or a full-time city prosecuting	34338
attorney; three attorneys whose practice of law primarily involves	34339
the representation of criminal defendants; one member of the Ohio	34340
State Bar Association; one representative of community corrections	34341
programs; and one representative of community addiction services	34342
providers or community mental health services providers.	34343

All appointed members of the Committee shall be appointed by	34344
the specified appointing authority not later than thirty days	34345
after the effective date of this section. All members of the	34346
Committee who are elected officials and whose term of office	34347
expires prior to January 1, 2016, shall serve until the expiration	34348
of their term of office. Any vacancy on the Committee shall be	34349
filled in the same manner as the original appointment.	34350

When the President of the Senate and the Speaker of the House	34351
of Representatives make their appointments to the Committee, they	34352
shall consider adequate representation by race and gender.	34353

(2) As used in division (A)(1) of this section:

34354

(a) "Community addiction services provider" and "community	34355
mental health services provider" have the same meanings as in	34356
section 5119.01 of the Revised Code.	34357

(b) "Community corrections programs" has the same meaning as	34358
in section 5149.30 of the Revised Code.	34359

(B) The Committee initially shall meet not later than sixty	34360
days after the effective date of this act. At its initial meeting,	34361
the Committee shall organize, select a Chairperson and	34362
Vice-chairperson and any other necessary officers, and adopt rules	34363
to govern its proceedings. The Committee shall meet as necessary	34364
at the call of the Chairperson or on the written request of seven	34365
or more of its members. Nine members of the Committee constitute a	34366
quorum, and the votes of a majority of the quorum present shall be	34367
required to validate any action of the Committee. All business of	34368
the Committee shall be conducted in public meetings.	34369

The members of the Committee shall serve without	34370
compensation, but each member shall be reimbursed for the member's	34371
actual and necessary expenses incurred in the performance of the	34372
member's official duties on the Committee. In the absence of the	34373
Chairperson, the Vice-chairperson shall perform the duties of the	34374
Chairperson.	34375

(C) The Committee has the same powers as other standing or	34376
select committees of the General Assembly. The Legislative Service	34377
Commission shall provide to the Committee, upon its request,	34378
research and technical services and support. Independent of this	34379
provision of services and support, the Committee may consult with,	34380
and seek and obtain research and technical services and support	34381
from, any individual, organization, association, college, or	34382
university. All state and local government agencies and entities	34383
shall cooperate with the Committee in the performance of its	34384
duties under this section and Section 729.11 of this act.	34385

Section 729.11. (A) The Criminal Justice Recodification	34386
Committee shall study the existing criminal statutes of this	34387
state, with the goal of enhancing public safety and the	34388
administration of criminal justice in Ohio by eliminating	34389
duplication in those statutes, aligning those statutes with the	34390
purpose of defining a culpable mental state for all crimes,	34391
removing or revising crimes included in those statutes for which	34392
no culpable mental state is provided, and other appropriate	34393
measures. The Committee shall use the results of its study to	34394
develop and recommend to the General Assembly a comprehensive plan	34395
for revising the state's Criminal Code that is consistent with	34396
those specified goals of the study.	34397

(B) Not later than January 1, 2016, the Criminal Justice	34398
Recodification Committee shall recommend to the General Assembly a	34399
comprehensive plan for revising the state's Criminal Code that is	34400
consistent with the goals of the Committee's study that are	34401
specified in division (A) of this section.	34402

(C) Upon its submission to the General Assembly pursuant to	34403
division (B) of this section of its recommendations for a	34404
comprehensive plan for revising the state's Criminal Code, the	34405
Criminal Justice Recodification Committee shall cease to exist.	34406

Section 737.10. As used in this section, "federally	34407
qualified health center" and "federally qualified health center	34408
look-alike" have the same meanings as in section 3701.047 of the	34409
Revised Code.	34410

(A) Not later than January 1, 2015, the Director of Health	34411
shall establish a prenatal group health care pilot program that is	34412
based on the CenteringPregnancy model of care and the University	34413
of Cincinnati Social Determinants Program developed by the	34414
Centering Healthcare Institute and the University of Cincinnati	34415
Division of Community Women's Health. The pilot program shall be	34416
operated for three years at four federally qualified health	34417
centers or federally qualified health center look-alikes selected	34418
by the Director in accordance with division (B) of this section.	34419
Two participants must be located in a rural area, and two	34420
participants must be located in an urban area.	34421

(B) The Director shall develop a process to be used in	34422
issuing a request for proposals to federally qualified health	34423
centers and federally qualified health center look-alikes in this	34424
state, receiving responses to the request, and evaluating the	34425
responses on a competitive basis. In the request for proposals,	34426
the Director shall specify that a pilot program participant must	34427
be able to demonstrate that it can meet all of the following	34428
requirements:	34429

(1) Has space to comfortably host pilot program groups	34430
consisting of up to twenty persons;	34431

(2) Has adequate in-kind resources to contribute to the pilot	34432
program, including existing medical staff;	34433

(3) Is an active obstetrical clinic, where prenatal medical	34434
care is provided on site and has had, on average, at least one	34435
hundred patients give birth annually in the years recently	34436
preceding the effective date of this section;	34437

(4) Is able to designate at least one employee to serve as	34438
pilot program Coordinator;	34439

(5) Agrees to implement before July 1, 2015, all the	34440
requirements of the University of Cincinnati Social Determinants	34441
Program;	34442

(6) Provides referral and access to care coordination and	34443
home visitation services for those patients participating in the	34444
pilot program;	34445

(7) Is willing to share research and quality improvement data	34446
and participate in a collaborative exchange of information with	34447
other pilot program participants;	34448

(8) Any other requirements established by the Director.

34449

(C) The Director shall convene a committee to assist the	34450
Director in evaluating submitted proposals and selecting pilot	34451
program participants. At least one member of the committee shall	34452
represent the Ohio Association of Community Health Centers and one	34453
member shall represent the University of Cincinnati Division of	34454
Community Women's Health.	34455

(D) The pilot program's goals shall include all of the	34456
following:	34457

(1) Decreasing the number of infants born preterm (prior to	34458
37 weeks of pregnancy) whose birth weight is less than two	34459
thousand five hundred grams;	34460

(2) Increasing the number of pregnant patients who begin	34461
prenatal care during their first trimester of pregnancy, consume	34462
appropriate amounts of folic acid, stop smoking, and are screened	34463
for depression, the human immunodeficiency virus (HIV), diabetes,	34464
and poor oral health;	34465

(3) Increasing the number of women who breastfeed their	34466
infants.	34467

(E) The Ohio Association of Community Health Centers and	34468
University of Cincinnati Division of Community Women's Health	34469
shall assist the Director with the pilot program's operation. To	34470
that end, the Association shall employ a part-time infant	34471
mortality program coordinator and the Division shall employ a	34472
full-time program coordinator and a full-time quality improvement	34473
consultant whose duties include providing technical assistance to	34474
pilot program participants, collecting data regarding the program,	34475
and monitoring the program's success.	34476

(F) Not later than January 1 of each year beginning in 2016,	34477
the Director shall prepare a written report that summarizes the	34478
data that has been collected on the program in the preceding	34479
twelve months; evaluates the program's achievement toward its	34480
goals, including those specified in division (D) of this section;	34481
makes recommendations for the program's future; and provides any	34482
other information the Director considers appropriate for inclusion	34483
in the report. On completion, the report shall be submitted to the	34484
Governor and, in accordance with section 101.68 of the Revised	34485
Code, the General Assembly.	34486

Section 745.10. (A) There is hereby created the Maritime	34487
Port Funding Study Committee. The committee shall consist of the	34488
following ten members who shall be appointed not later than thirty	34489
days after the effective date of this section:	34490

(1) Two members of the Senate, one of whom shall be a member	34491
of the majority party and one of whom shall be a member of the	34492
minority party, both appointed by the President of the Senate;	34493

(2) Two members of the House of Representatives, one of whom	34494
shall be a member of the majority party and one of whom shall be a	34495
member of the minority party, both appointed by the Speaker of the	34496
House of Representatives;	34497

(3) Two members appointed by the Governor, one of whom shall	34498
be from the Ohio Department of Transportation and be knowledgeable	34499
about maritime ports and one of whom shall be from the Development	34500
Services Agency;	34501

(4) Four members appointed jointly by the President of the	34502
Senate and the Speaker of the House of Representatives, each of	34503
whom shall represent maritime port interests on behalf of a major	34504
maritime port and none of whom shall represent the same maritime	34505
port.	34506

(B) The Committee shall select a chairperson and	34507
vice-chairperson from among its members. The Committee first shall	34508
meet within one month after the effective date of this section at	34509
the call of the President of the Senate. Thereafter, the Committee	34510
shall meet at the call of its chairperson as necessary to carry	34511
out its duties. Members of the Committee are not entitled to	34512
compensation for serving on the Committee, but may continue to	34513
receive the compensation and benefits accruing from their regular	34514
offices or employments. The Legislative Service Commission shall	34515
provide the legislative members of the Committee with technical	34516
and clerical staff as is necessary for those members to	34517
successfully and efficiently fulfill their duties as committee	34518
members.	34519

(C) The Committee shall study alternative funding mechanisms	34520
for maritime ports in Ohio that may be utilized beginning in	34521
fiscal year 2016-2017. Not later than January 1, 2015, the Study	34522
Committee shall issue a report of its findings and recommendations	34523
to the Governor, the President of the Senate, the Minority Leader	34524
of the Senate, the Speaker of the House of Representatives, and	34525
the Minority Leader of the House of Representatives. After	34526
submitting the report, the Study Committee shall cease to exist.	34527

Section 745.20. Not later than January 23, 2015, the	34528
Department of Public Safety, in consultation with the Department	34529
of Administrative Services, shall submit a written recommendation	34530
to the 131st General Assembly that specifies a formula, method, or	34531
schedule by which user fees for the Multi-agency Radio	34532
Communications System may be reduced from their current amounts.	34533

Section 747.10. LICENSING PERIOD FOR TERMINAL DISTRIBUTORS OF	34534
DANGEROUS DRUGS	34535

In the case of a terminal distributor of dangerous drugs	34536
holding a license issued or renewed pursuant to section 4729.54 of	34537
the Revised Code that is valid on the effective date of this	34538
section, the license remains in effect until April 1, 2015, unless	34539
earlier revoked or suspended. The license holder is subject to the	34540
renewal schedule established by division (I) of section 4729.54 of	34541
the Revised Code, as amended by this act.	34542

Section 747.20. Rule 4781-1-02 of the Administrative Code,	34543
which requires the Manufactured Homes Commission headquarters to	34544
be in Dublin, Ohio, is void.	34545

Section 747.30. PRESCRIBER ACCESS TO OARRS

34546

As used in this section, "licensed health professional	34547
authorized to prescribe drugs" means an individual who is	34548
authorized by law to prescribe drugs, dangerous drugs, or drug	34549
therapy-related devices in the course of the individual's	34550
professional practice, including only the following: a dentist	34551
licensed under Chapter 4715. of the Revised Code, an advanced	34552
practice registered nurse who holds a certificate to prescribe	34553
issued under Chapter 4723. of the Revised Code, an optometrist	34554
licensed under Chapter 4725. of the Revised Code to practice	34555
optometry under a therapeutic pharmaceutical agents certificate, a	34556
physician assistant who holds a certificate to prescribe issued	34557
under Chapter 4730. of the Revised Code, and a physician	34558
authorized under Chapter 4731. of the Revised Code to practice	34559
medicine and surgery, osteopathic medicine and surgery, or	34560
podiatric medicine and surgery.	34561

Not later than January 1, 2015, each licensed health	34562
professional authorized to prescribe drugs who prescribes opioid	34563
analgesics or benzodiazepines and each pharmacist licensed under	34564
Chapter 4729. of the Revised Code shall obtain access to the drug	34565
database established and maintained by the State Board of Pharmacy	34566
pursuant to section 4729.75 of the Revised Code, unless the Board	34567
has restricted the professional or pharmacist from obtaining	34568
information from the database or the Board no longer maintains the	34569
database. Failure to comply with this section constitutes grounds	34570
for certificate or license suspension.	34571

Section 751.20. WORKFORCE INTEGRATION TASK FORCE

34572

(A) A workforce integration task force for individuals who	34573
are deaf or blind is hereby established within the Opportunities	34574
for Ohioans with Disabilities Agency. The task force shall be	34575
co-chaired by the Executive Director of the Opportunities for	34576
Ohioans with Disabilities Agency and the Director of the	34577
Department of Job and Family Services. The co-chairs shall appoint	34578
the members of the task force.	34579

(B) The task force shall collect data on the following	34580
regarding individuals who are deaf or blind in Ohio:	34581

(1) The average income levels for those individuals who are	34582
employed compared to those who are not employed;	34583

(2) The number of those individuals;

34584

(3) Where those individuals are geographically located;

34585

(4) The number of those individuals who are employed and in	34586
what job categories they are employed;	34587

(5) Whether barriers to employment exist for those	34588
individuals.	34589

(C) The task force shall use the data collected and any other	34590
information necessary to make recommendations regarding how those	34591
individuals may be more fully integrated into the workforce to	34592
increase employability and income parity. The task force shall	34593
issue a report of its findings and recommendations to the Governor	34594
not later than January 1, 2015. Upon issuance of its report, the	34595
task force ceases to exist.	34596

Section 751.35. OHIO WORKS FIRST EMPLOYMENT INCENTIVE PILOT	34597
PROGRAM	34598

(A) As used in this section, "TANF funds" means both of the	34599
following:	34600

(1) Federal funds provided under the temporary assistance for	34601
needy families block grant established by Title IV-A of the	34602
"Social Security Act," 42 U.S.C. 601, et seq.;	34603

(2) State maintenance of effort funds used to avoid a	34604
reduction in the federal funds specified in division (A)(1) of	34605
this section.	34606

(B) The Director of Job and Family Services shall establish	34607
the Ohio Works First Employment Incentive Pilot Program. The pilot	34608
program shall be operated for three years in counties served by	34609
five county departments of job and family services the Director	34610
selects. The Director may select county departments that serve one	34611
county, county departments that serve multiple counties, or both	34612
types of county departments. Subject to available TANF funds and	34613
in accordance with rules adopted under this section, the pilot	34614
program shall provide for a caseworker of a county department of	34615
job and family services participating in the pilot program	34616
receiving a bonus each time a former Ohio Works First participant	34617
who the caseworker helped find employment has not been an Ohio	34618
Works First participant for six months because the former	34619
participant ceased to qualify for Ohio Works First due to	34620
increased earned income resulting from the former participant's	34621
employment.	34622

(C) A county department of job and family services	34623
participating in the pilot program may contract with one or more	34624
private entities to perform tasks for the county department under	34625
the program.	34626

(D) The Director shall adopt rules in accordance with Chapter	34627
119. of the Revised Code to implement the pilot program, including	34628
rules that do all of the following:	34629

(1) Specify the bonus a caseworker is to receive under the	34630
pilot program;	34631

(2) Establish procedures to be used to do either of the	34632
following when more than one caseworker qualifies for the same	34633
bonus:	34634

(a) Determine which caseworker is to receive the bonus;

34635

(b) Divide the bonus among the caseworkers.

34636

(3) Address any other matters the Director considers	34637
necessary to implement the pilot program.	34638

(E) Not later than ninety days after the termination of the	34639
pilot program, the Director shall submit a report about the	34640
program to the Governor and, in accordance with section 101.68 of	34641
the Revised Code, the General Assembly. The Director shall make	34642
the report available to the public. The report shall include	34643
information about the pilot program's effectiveness in encouraging	34644
caseworkers to help Ohio Works First participants obtain	34645
employment and cease participation in Ohio Works First. The report	34646
also shall include recommendations for any changes that should be	34647
made to the pilot program before it is made permanent and expanded	34648
statewide.	34649

(F) The Department of Job and Family Services shall allocate	34650
$50,000 in fiscal year 2015 from appropriation item 600689, TANF	34651
Block Grant, in Am. Sub. H.B. 59 of the 130th General Assembly to	34652
each of the five county departments of job and family services	34653
participating in the Ohio Works First Employment Incentive Pilot	34654
Program. The county departments shall use the funds for the	34655
administrative expenses they incur in participating in the pilot	34656
program.	34657

Section 751.37. WORKGROUP TO HELP INDIVIDUALS TO CEASE	34658
RELYING ON PUBLIC ASSISTANCE	34659

(A) The Governor shall convene a workgroup to develop	34660
proposals to help individuals to cease relying on public	34661
assistance as defined in section 5101.26 of the Revised Code. Not	34662
later than thirty days after the effective date of this section,	34663
the Governor shall appoint all of the following to the workgroup:	34664

(1) The directors of the county departments of job and family	34665
services that serve the three most populous counties in the state;	34666

(2) The directors of three county departments of job and	34667
family services that serve rural counties;	34668

(3) The directors of three other county departments of job	34669
and family services.	34670

(B) A county department director appointed to the workgroup	34671
may designate another representative of the county department to	34672
serve in the director's place on the workgroup on a temporary or	34673
ongoing basis as needed. County department directors appointed to	34674
the workgroup and their designees shall serve without	34675
compensation, except to the extent that serving on the workgroup	34676
is part of their regular duties of employment.	34677

(C) The Governor shall designate one of the county department	34678
directors appointed to the workgroup to serve as the workgroup's	34679
chairperson. The workgroup shall meet at the chairperson's call.	34680

(D) The Department of Job and Family Services shall provide	34681
support staff and meeting space as necessary to facilitate the	34682
workgroup's work.	34683

(E) Not later than one hundred eighty days after the	34684
effective date of this section, the workgroup shall issue a report	34685
of the workgroup's proposals. The report shall be submitted to the	34686
Governor and, in accordance with section 101.68 of the Revised	34687
Code, the General Assembly. The report is a public record for the	34688
purpose of section 149.43 of the Revised Code. The workgroup shall	34689
cease to exist on issuance of the report.	34690

Section 751.40. SUPPORT FOR START TALKING! INITIATIVE

34691

The Director of Mental Health and Addiction Services shall	34692
designate an employee who is certified as a prevention specialist	34693
by the Chemical Dependency Professionals Board to serve as	34694
coordinator for the Start Talking! Initiative and to assist with	34695
statewide efforts to prevent substance abuse among children.	34696

Section 751.110. RETURNING OFFENDERS

34697

(A) As used in this section:

34698

"Returning offender" means an individual who is released from	34699
confinement in a state correctional facility to live in the	34700
community on or after the effective date of this section.	34701

"State correctional facility" has the same meaning as in	34702
section 2967.01 of the Revised Code.	34703

(B) Subject to division (C) of this section, the boards of	34704
alcohol, drug addiction, and mental health services serving	34705
Cuyahoga, Franklin, Hamilton, Montgomery, and Summit counties	34706
shall prioritize the use of funds made available to the boards by	34707
the Department of Mental Health and Addiction Services under Am.	34708
Sub. H.B. 59 of the 130th General Assembly to temporarily assist	34709
returning offenders who have severe mental illnesses, severe	34710
substance use disorders, or both, and reside in the alcohol, drug	34711
addiction, and mental health service districts the boards serve,	34712
obtain Medicaid-covered community mental health services,	34713
Medicaid-covered community drug addiction services, or both. A	34714
board shall provide the temporary assistance to such a returning	34715
offender regardless of whether the returning offender resided in	34716
the district the board serves before being confined in a state	34717
correctional facility. Such a returning offender's priority for	34718
the temporary assistance shall end on the earlier of the	34719
following:	34720

(1) The date that the offender is enrolled in the Medicaid	34721
program or, if applicable, the date that the suspension of the	34722
offender's Medicaid eligibility ends pursuant to section 5163.45	34723
of the Revised Code;	34724

(2) Sixty days after the offender is released from	34725
confinement in a state correctional facility.	34726

(C) The assistance provided to returning offenders under this	34727
section shall not receive priority over community addiction	34728
services that are prioritized under section 340.15 of the Revised	34729
Code or the program for pregnant women with drug addictions	34730
developed under section 5119.17 of the Revised Code.	34731

Section 751.120. NURSING FACILITY BEHAVIORAL HEALTH ADVISORY	34732
WORKGROUP	34733

(A) There is hereby created the Nursing Facility Behavioral	34734
Health Advisory Workgroup. The Workgroup shall consist of all of	34735
the following members:	34736

(1) The Executive Director of the Governor's Office of Health	34737
Transformation or the Executive Director's designee;	34738

(2) The Director of Mental Health and Addiction Services or	34739
the Director's designee;	34740

(3) The Director of Health or the Director's designee;

34741

(4) The Medicaid Director or the Director's designee;

34742

(5) The State Long-Term Care Ombudsman or the Ombudsman's	34743
designee;	34744

(6) Two representatives from each of the following, appointed	34745
by the organization's chief executive officer or the individual	34746
serving in an equivalent capacity for the organization:	34747

(a) Ohio Health Care Association;

34748

(b) LeadingAge Ohio;

34749

34750

(d) The Academy of Senior Health Sciences.

34751

(7) Two members of the House of Representatives, one from the	34752
majority party and the other from the minority party, appointed by	34753
the Speaker of the House of Representatives;	34754

(8) Two members of the Senate, one from the majority party	34755
and the other from the minority party, appointed by the Senate	34756
President.	34757

(B) Members of the Workgroup shall be appointed not later	34758
than fifteen days after the effective date of this section.	34759
Vacancies shall be filled in the same manner as the original	34760
appointments. Each member shall serve without compensation or	34761
reimbursement for expenses incurred while serving on the	34762
Workgroup, except to the extent that serving on the Workgroup is	34763
considered to be among the member's employment duties.	34764

(C) The Executive Director of the Governor's Office of Health	34765
Transformation or the Executive Director's designee shall serve as	34766
chairperson of the Workgroup. The Department of Medicaid shall	34767
provide staff and other support services for the Workgroup.	34768

(D) The Workgroup shall develop recommendations for a pilot	34769
project to designate a total of not more than one thousand beds in	34770
discrete units of nursing facilities to serve individuals with	34771
behavioral health needs. The recommendations shall include both of	34772
the following:	34773

(1) Standards for designating the discrete units;

34774

(2) Standards for enhanced Medicaid payments for services	34775
provided in the discrete units.	34776

(E) Not later than December 31, 2014, the Workgroup shall	34777
submit a report to the General Assembly in accordance with section	34778
101.68 of the Revised Code. The report shall include the	34779
Workgroup's findings and recommendations the pilot project	34780
described in division (D) of this section.	34781

(F) The Workgroup shall cease to exist on submission of its	34782
report.	34783

Section 751.130. (A) There is hereby created the Adult	34784
Protective Services Funding Workgroup in the Department of Job and	34785
Family Services.	34786

(B) The Workgroup shall consist of the following members:

34787

(1) The Director of Job and Family Services or the Director's	34788
designee;	34789

(2) The Director of Budget and Management or the Director's	34790
designee;	34791

(3) The Director of Health Transformation or the Director's	34792
designee;	34793

(4) The Director of Aging or the Director's designee;

34794

(5) A representative of the Office of the Governor, appointed	34795
by the Governor;	34796

(6) Two members of the House of Representatives, one from the	34797
majority party and the other from the minority party, appointed by	34798
the Speaker of the House of Representatives;	34799

(7) Two members of the Senate, one from the majority party	34800
and the other from the minority party, appointed by the President	34801
of the Senate;	34802

(8) One representative of the Ohio Job and Family Services	34803
Executive Directors' Association, appointed by the Governor;	34804

(9) One representative of the County Commissioners	34805
Association of Ohio, appointed by the Governor;	34806

(10) A representative of the AARP, appointed by the Governor;

34807

(11) Representatives of any other entities or organizations	34808
the Director of Job and Family Services determines are necessary,	34809
appointed by the Governor.	34810

(C) Members of the Workgroup shall be appointed not later	34811
than seven days after the effective date of this section.	34812

(D) The Director of Job and Family Services shall serve as	34813
the chairperson of the Workgroup.	34814

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

34815

(1) Investigate programmatic or financial gaps in the adult	34816
protective services system;	34817

(2) Identify best practices currently employed at the county	34818
level as well as those that can be integrated into the system;	34819

(3) Identify areas of overlap and linkages across all human	34820
services programs;	34821

(4) Coordinate with the Children Services Funding Workgroup	34822
in the Department of Job and Family Services, if the Children	34823
Services Funding Workgroup is created in the Department.	34824

(F) Not later than 120 days after the effective date of this	34825
section, the Workgroup shall make recommendations to the	34826
Department of Job and Family Services about a distribution method	34827
for the $10 million in appropriation item 911421 for possible	34828
submission to the Controlling Board.	34829

(G) The Workgroup ceases to exist one year after the	34830
effective date of this section.	34831

Section 751.140. (A) There is hereby created the Children	34832
Services Funding Workgroup in the Department of Job and Family	34833
Services.	34834

(B) The Workgroup shall consist of the following members:

34835

(1) The Director of Job and Family Services or the Director's	34836
designee;	34837

(2) The Director of Budget and Management or the Director's	34838
designee;	34839

(3) The Director of Health Transformation or the Director's	34840
designee;	34841

(4) A representative of the Office of the Governor, appointed	34842
by the Governor;	34843

(5) Two members of the House of Representatives, one from the	34844
majority party and one from the minority party, appointed by the	34845
Speaker of the House of Representatives;	34846

(6) Two members of the Senate, one from the majority party	34847
and one from the minority party, appointed by the President of the	34848
Senate;	34849

(7) One representative of the Public Children Services	34850
Association of Ohio, appointed by the Governor;	34851

(8) One representative from the Ohio Department of Job and	34852
Family Services Executive Directors' Association, appointed by the	34853
Governor;	34854

(9) One representative from the County Commissioners	34855
Association of Ohio, appointed by the Governor;	34856

(10) Representatives of any other entities or organizations	34857
the Director of the Department of Job and Family Services	34858
determines to be necessary, appointed by the Governor.	34859

(C) Members of the Workgroup shall be appointed not later	34860
than seven days after the effective date of this section.	34861

(D) The Director of Job and Family Services shall serve as	34862
the chairperson of the Workgroup.	34863

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

34864

(1) Investigate programmatic or financial gaps in the	34865
children services funding system;	34866

(2) Identify best practices currently employed at the county	34867
level as well as those that can be integrated into the system;	34868

(3) Identify areas of overlap and linkages across all human	34869
services programs;	34870

(4) Coordinate with the Adult Protective Services Funding	34871
Workgroup in the Department of Job and Family Services, if an	34872
Adult Protective Services Funding Workgroup is created in the	34873
Department.	34874

(F) Not later than 120 days after the effective date of this	34875
section, the Workgroup shall make recommendations to the Director	34876
of Job and Family Services about a distribution method for the	34877
$6.8 million appropriated to appropriation item 911420, Children	34878
Services, for possible submission to the Controlling Board. This	34879
distribution method shall focus on targeted areas, including, but	34880
not limited to, adoption, visitation, recurrence, and re-entry.	34881

(G) The Workgroup ceases to exist one year after the	34882
effective date of this section.	34883

Section 752.10. MORATORIUM ON STRS MITIGATING RATE

34884

Notwithstanding division (D) of section 3305.06 and section	34885
3305.061 of the Revised Code, the percentage of an electing	34886
employee's compensation contributed to the State Teachers	34887
Retirement System by a public institution of higher education	34888
under division (D) of section 3305.06 of the Revised Code to	34889
mitigate any financial impact of an alternative retirement program	34890
on the retirement system shall not exceed four and one-half per	34891
cent. The percentage shall be effective until July 1, 2015.	34892

Section 752.20. ORSC STUDY OF ARP MITIGATING RATE

34893

(A) The Ohio Retirement Study Council shall study the	34894
applicability, operation, and efficacy of the percentage of an	34895
electing employee's compensation contributed by a public	34896
institution of higher education under division (D) of section	34897
3305.06 of the Revised Code to mitigate any financial impact of an	34898
alternative retirement program on the Public Employees Retirement	34899
System, State Teachers Retirement System, and School Employees	34900
Retirement System and make recommendations on any changes in	34901
determining the appropriate mitigating rate. The study shall	34902
research the historical impact of the mitigating rate and whether	34903
its purpose is being served.	34904

(B) Not later than December 31, 2014, the Council shall	34905
prepare and submit to the Governor, the President of the Senate,	34906
and the Speaker of the House of Representatives a report of its	34907
findings and recommendations.	34908

Section 757.20. (A) As used in this section:

34909

(1) "Certificate owner" and "qualified rehabilitation	34910
expenditures" have the same meanings as in section 149.311 of the	34911
Revised Code.	34912

(2) "Taxpayer," "tax period," "excluded person," "combined	34913
taxpayer," and "consolidated elected taxpayer," have the same	34914
meanings as in section 5751.01 of the Revised Code.	34915

(3) "Pass-through entity" has the same meaning as in section	34916
5733.04 of the Revised Code.	34917

(B) A taxpayer that is the certificate owner of a	34918
rehabilitation tax credit certificate issued under section 149.311	34919
of the Revised Code may claim a credit against the tax levied by	34920
section 5751.02 of the Revised Code for tax periods ending on or	34921
before June 30, 2015, provided that the taxpayer is unable to	34922
claim the credit under section 5725.151, 5725.34, 5726.52,	34923
5729.17, 5733.47, or 5747.76 of the Revised Code.	34924

The credit shall equal the lesser of twenty-five per cent of	34925
the dollar amount of the qualified rehabilitation expenditures	34926
indicated on the certificate or five million dollars. The credit	34927
shall be claimed for the calendar year specified in the	34928
certificate and after the credits authorized in divisions (A)(1)	34929
to (4) of section 5751.98 of the Revised Code, but before the	34930
credits authorized in divisions (A)(5) to (7) of that section.	34931

If the credit allowed for any calendar year exceeds the tax	34932
otherwise due under section 5751.02 of the Revised Code, after	34933
allowing for any other credits preceding the credit in the order	34934
prescribed by this section, the excess shall be refunded to the	34935
taxpayer. However, if any amount of the credit is refunded, the	34936
sum of the amount refunded and the amount applied to reduce the	34937
tax otherwise due for that year shall not exceed three million	34938
dollars. The taxpayer may carry forward any balance of the credit	34939
in excess of the amount claimed for that year for not more than	34940
five calendar years after the calendar year specified in the	34941
certificate, and shall deduct any amount claimed in any such year	34942
from the amount claimed in an ensuing year.	34943

A person that is an excluded person may file a return under	34944
section 5751.051 of the Revised Code for the purpose of claiming	34945
the credit authorized in this section.	34946

If the certificate owner is a pass-through entity, the credit	34947
may not be allocated among the entity's owners in proportions or	34948
amounts as the owners mutually agree unless either the owners are	34949
part of the same combined or consolidated elected taxpayer as the	34950
pass-through entity or the director of development services issued	34951
the certificate in the name of the pass-through entity's owners in	34952
the agreed-upon proportions or amounts. If the credit is allocated	34953
among those owners, an owner may claim the credit authorized in	34954
this section only if that owner is a corporation or an association	34955
taxed as a corporation for federal income tax purposes and is not	34956
a corporation that has made an election under Subchapter S of	34957
Chapter 1 of Subtitle A of the Internal Revenue Code.	34958

The credit authorized in this section may be claimed only on	34959
the basis of a rehabilitation tax credit certificate with an	34960
effective date after December 31, 2013, but before June 30, 2015.	34961

A person claiming a credit under this section shall retain	34962
the rehabilitation tax credit certificate for four years following	34963
the end of the latest calendar year in which the credit was	34964
applied, and shall make the certificate available for inspection	34965
by the tax commissioner upon request.	34966

Section 757.40. Notwithstanding division (D)(6) of section	34967
149.311 of the Revised Code, the Director of Development Services	34968
may issue a rehabilitation tax credit certificate under that	34969
division during the biennium that includes fiscal years 2014 and	34970
2015 only to the owner of a catalytic project that files with the	34971
Director an application for the certificate after the effective	34972
date of this act but before December 1, 2014, and that will incur	34973
or pay qualified rehabilitation expenditures in excess of	34974
seventy-five million dollars on the catalytic project. All terms	34975
used in this section have the same meanings as in section 149.311	34976
of the Revised Code.	34977

Section 757.50. The amendment by this act of section 5709.12	34978
of the Revised Code applies to tax year 2014 and every tax year	34979
thereafter.	34980

Section 757.70. The amendment by this act of section 5703.052	34981
of the Revised Code applies to any refund that has not been fully	34982
recovered before the effective date of this act.	34983

Section 757.80. (A) Notwithstanding division (A)(31) of	34984
section 5747.01 of the Revised Code, for taxable years beginning	34985
in 2014, deduct seventy-five per cent of the taxpayer's Ohio small	34986
business investor income, the deduction not to exceed $93,750 for	34987
each spouse if spouses file separate returns under section 5747.08	34988
of the Revised Code or $187,500 for all other taxpayers. No	34989
pass-through entity may claim a deduction under this section.	34990

This section does not apply to any taxable year beginning	34991
before or after 2014.	34992

(B) For the purposes of section 5747.21, 5747.22, and 5748.01	34993
of the Revised Code, the deduction allowed under this section is a	34994
deduction under division (A)(31) of section 5747.01 of the Revised	34995
Code.	34996

(C) For the purposes of this section, "Ohio small business	34997
investor income" has the same meaning as in division (A)(31) of	34998
section 5747.01 of the Revised Code.	34999

Section 806.10. The items of law contained in this act, and	35000
their applications, are severable. If any item of law contained in	35001
this act, or if any application of any item of law contained in	35002
this act, is held invalid, the invalidity does not affect other	35003
items of law contained in this and their applications that can be	35004
given effect without the invalid item of law or application.	35005

Section 812.20. The amendment, enactment, or repeal by this	35006
act of the sections listed below is exempt from the referendum	35007
under Ohio Constitution, Article II, Section 1d and section 1.471	35008
of the Revised Code and therefore takes effect immediately when	35009
this act becomes law or, if a later effective date is specified	35010
below, on that date.	35011

Sections 501.10, 512.10, 512.20, 512.30, 512.40, 610.20,	35012
610.21, 640.10, 640.11, 751.40, 751.120, 751.140, and 812.20 of	35013
this act.	35014

Section 812.30. Except as otherwise provided in this act, the	35015
amendment, enactment, or repeal by this act of a section is	35016
subject to the referendum under Ohio Constitution, Article II,	35017
Section 1c and therefore takes effect on the ninety-first day	35018
after this act is filed with the Secretary of State, or if a later	35019
effective date is specified below, on that date.	35020

Section 812.50. Sections 4715.14, 4723.486, 4725.16, 4729.12,	35021
4730.48, and 4731.281 of the Revised Code, as amended by this act,	35022
and section 4729.861, as enacted by this act, shall take effect	35023
January 1, 2015.	35024

Section 812.60. Sections 4715.30, 4715.302, 4723.28,	35025
4723.487, 4725.092, 4725.19, 4730.25, 4730.53, 4731.055, and	35026
4731.22 of the Revised Code, as amended by this act, shall take	35027
effect April 1, 2015.	35028

Section 812.70. The amendment by this act of section 5739.05	35029
of the Revised Code takes effect on November 3, 2014.	35030

Section 815.10. The General Assembly, applying the principle	35031
stated in division (B) of section 1.52 of the Revised Code that	35032
amendments are to be harmonized if reasonably capable of	35033
simultaneous operation, finds that the following sections,	35034
presented in this act as composites of the sections as amended by	35035
the acts indicated, are the resulting versions of the sections in	35036
effect prior to the effective date of the sections as presented in	35037
this act:	35038

Section 133.07 of the Revised Code is presented in this act	35039
as a composite of the section as amended by both Am. Sub. H.B. 699	35040
and Sub. S.B. 126 of the 126th General Assembly.	35041

Section 4715.14 of the Revised Code as amended by both Sub.	35042
H.B. 190 and Sub. H.B. 215 of the 128th General Assembly.	35043

Section 4723.487 of the Revised Code as amended by both Sub.	35044
H.B. 303 and Sub. S.B. 301 of the 129th General Assembly.	35045

Section 4725.16 of the Revised Code as amended by both Am.	35046
Sub. H.B. 59 and Am. Sub. H.B. 98 of the 130th General Assembly.	35047