As Passed by the House

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 

A BILL
To amend sections 9.37, 9.482, 9.90, 9.91, 103.63, 1
121.084, 122.12, 122.121, 122.861, 124.32, 124.82, 2
125.13, 126.21, 126.25, 133.07, 149.30, 149.311, 3
149.38, 150.05, 150.07, 153.56, 163.15, 163.53, 4
163.54, 163.55, 164.26, 175.04, 175.05, 175.06, 5
191.01, 306.04, 307.982, 340.01, 340.02, 340.021, 6
340.03, 340.08, 340.09, 340.15, 757.03, 757.04, 7
757.05, 757.06, 757.07, 757.08, 1321.535, 1321.55, 8
1322.03, 1322.031, 1322.04, 1322.041, 1322.051, 9
1322.06, 1533.10, 1533.11, 1533.12, 1711.50, 10
1711.53, 2151.421, 2305.11, 2915.08, 2945.402, 11
3123.89, 3313.617, 3314.08, 3317.01, 3317.02, 12
3317.0217, 3318.36, 3333.04, 3701.132, 3701.34, 13
3701.74, 3701.83, 3702.59, 3702.71, 3702.74, 14
3702.75, 3702.91, 3702.95, 3730.09, 3737.02, 15
3772.02, 4141.01, 4141.09, 4141.11, 4141.131, 16
4141.20, 4141.25, 4141.26, 4141.35, 4511.191, 17
4729.03, 4729.54, 4729.541, 4729.65, 4729.83, 18
4731.15, 4731.155, 4731.24, 4731.241, 4737.045, 19
4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 20
4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 21
4758.29, 4758.30, 4758.31, 4758.35, 4758.36, 22
4758.50, 4758.51, 4758.60, 4758.71, 4905.911, 23
4923.02, 4928.64, 5104.03, 5104.34, 5104.341, 24
5104.38, 5119.21, 5119.22, 5119.23, 5119.25, 25
5123.01, 5123.011, 5123.012, 5123.16, 5123.162, 26
5123.19, 5123.191, 5123.21, 5123.61, 5123.75, 27
5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 28
5124.60, 5124.61, 5124.62, 5124.67, 5126.01, 29
5126.02, 5126.0219, 5126.041, 5126.046, 5126.051, 30
5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 31
5126.45, 5513.01, 5531.10, 5533.051, 5709.17, 32
5709.40, and 5713.012; to enact sections 5.074, 33
5.077, 9.911, 164.261, 175.053, 306.14, 307.678, 34
307.6910, 307.863, 340.092, 340.093, 340.20, 35
3123.90, 3313.902, 3314.38, 3317.036, 3317.23, 36
3317.24, 3345.56, 3345.86, 3702.595, 3721.122, 37
4715.15, 4723.433, 4730.093, 4731.77, 4741.49, 38
4758.48, 4758.62, 4758.63, 4758.64, 4928.641, 39
4928.642, 5119.362, 5119.363, 5119.364, 5119.365, 40
5123.0420, 5139.12, 5139.45, and 5533.831; to 41
repeal sections 3125.191, 3702.93, 4171.03, 42
4171.04, 5124.63, 5124.64, and 5126.037 of the 43
Revised Code; to amend Sections 207.10, 209.30, 44
211.10, 221.10, 241.10, 257.10, 257.20, 257.50, 45
259.10, 263.10, 263.40, 263.160, 263.230, 263.240, 46
263.250, 263.270, 263.325, 275.10, 282.10, 282.30, 47
285.10, 285.20, 301.10, 301.143, 301.40, 323.10, 48
327.10, 333.10, 340.10, 349.10, 359.10, 363.10, 49
365.10, 395.10, 403.10, 512.80, and 751.10 of Am. 50
Sub. H.B. 59 of the 130th General Assembly; to 51
amend Sections 207.100, 207.250, 207.340, 207.440, 52
223.10, 239.10, and 701.50 of Am. H.B. 497 of the 53
130th General Assembly; and to repeal Sections 54
327.83 and 747.40 of Am. Sub. H.B. 59 of the 130th 55
General Assembly to make operating and other 56
appropriations and to provide authorization and 57
conditions for the operation of state programs.58


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

       Section 101.01. That sections 9.37, 9.482, 9.90, 9.91, 59
103.63, 121.084, 122.12, 122.121, 122.861, 124.32, 124.82, 125.13, 60
126.21, 126.25, 133.07, 149.30, 149.311, 149.38, 150.05, 150.07, 61
153.56, 163.15, 163.53, 163.54, 163.55, 164.26, 175.04, 175.05, 62
175.06, 191.01, 306.04, 307.982, 340.01, 340.02, 340.021, 340.03, 63
340.08, 340.09, 340.15, 757.03, 757.04, 757.05, 757.06, 757.07, 64
757.08, 1321.535, 1321.55, 1322.03, 1322.031, 1322.04, 1322.041, 65
1322.051, 1322.06, 1533.10, 1533.11, 1533.12, 1711.50, 1711.53, 66
2151.421, 2305.11, 2915.08, 2945.402, 3123.89, 3313.617, 3314.08, 67
3317.01, 3317.02, 3317.0217, 3318.36, 3333.04, 3701.132, 3701.34, 68
3701.74, 3701.83, 3702.59, 3702.71, 3702.74, 3702.75, 3702.91, 69
3702.95, 3730.09, 3737.02, 3772.02, 4141.01, 4141.09, 4141.11, 70
4141.131, 4141.20, 4141.25, 4141.26, 4141.35, 4511.191, 4729.03, 71
4729.54, 4729.541, 4729.65, 4729.83, 4731.15, 4731.155, 4731.24, 72
4731.241, 4737.045, 4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 73
4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 74
4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.60, 4758.71, 75
4905.911, 4923.02, 4928.64, 5104.03, 5104.34, 5104.341, 5104.38, 76
5119.21, 5119.22, 5119.23, 5119.25, 5123.01, 5123.011, 5123.012, 77
5123.16, 5123.162, 5123.19, 5123.191, 5123.21, 5123.61, 5123.75, 78
5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 5124.60, 5124.61, 79
5124.62, 5124.67, 5126.01, 5126.02, 5126.0219, 5126.041, 80
5126.046, 5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 81
5126.45, 5513.01, 5531.10, 5533.051, 5709.17, 5709.40, and 82
5713.012 be amended; and sections 5.074, 5.077, 9.911, 164.261, 83
175.053, 306.14, 307.678, 307.6910, 307.863, 340.092, 340.093, 84
340.20, 3123.90, 3313.902, 3314.38, 3317.036, 3317.23, 3317.24, 85
3345.56, 3345.86, 3702.595, 3721.122, 4715.15, 4723.433, 4730.093, 86
4731.77, 4741.49, 4758.48, 4758.62, 4758.63, 4758.64, 4928.641, 87
4928.642, 5119.362, 5119.363, 5119.364, 5119.365, 5123.0420, 88
5139.12, 5139.45, and 5533.831 of the Revised Code be enacted to 89
read as follows:90

       Sec. 5.074. The Ohio Veterans Memorial and Museum, located in 91
Franklin county at the site described in division (B) of section 92
307.6910 of the Revised Code, is the official state veterans 93
memorial and museum.94

       Sec. 5.077. The museum located on the grounds of the Ohio 95
state reformatory, operated by the Mansfield reformatory 96
preservation society, is the official state penal museum.97

       Sec. 9.37.  (A) As used in this section, "public official" 98
means any elected or appointed officer, employee, or agent of the 99
state, any state institution of higher education, any political 100
subdivision, board, commission, bureau, or other public body 101
established by law. "State institution of higher education" means 102
any state university or college as defined in division (A)(1) of 103
section 3345.12 of the Revised Code, community college, state 104
community college, university branch, or technical college.105

       (B) Except as provided in divisions (F) and (G) of this 106
section, any public official may make by direct deposit of funds 107
by electronic transfer, if the payee provides a written 108
authorization designating a financial institution and an account 109
number to which the payment is to be credited, any payment such 110
public official is permitted or required by law in the performance 111
of official duties to make by issuing a check or warrant.112

       (C) Such public official may contract with a financial 113
institution for the services necessary to make direct deposits and 114
draw lump-sum checks or warrants payable to that institution in 115
the amount of the payments to be transferred.116

       (D) Before making any direct deposit as authorized under this 117
section, the public official shall ascertain that the account from 118
which the payment is to be made contains sufficient funds to cover 119
the amount of the payment.120

       (E) If the issuance of checks and warrants by a public 121
official requires authorization by a governing board, commission, 122
bureau, or other public body having jurisdiction over the public 123
official, the public official may only make direct deposits and 124
contracts under this section pursuant to a resolution of 125
authorization duly adopted by such governing board, commission, 126
bureau, or other public body.127

       (F) Pursuant to sections 307.55, 319.16, and 321.15 of the 128
Revised Code, a county auditor may issue, and a county treasurer 129
may redeem, electronic warrants authorizing direct deposit for 130
payment of county obligations in accordance with rules adopted by 131
the director of budget and management pursuant to Chapter 119. of 132
the Revised Code.133

       (G) The legislative authority of a municipal corporation, for 134
employeespublic officials of the municipal corporation, a county 135
auditor, for county employeespublic officials, or a board of 136
township trustees, for township employeespublic officials, may 137
adopt a direct deposit payroll policy under which all employees138
public officials of the municipal corporation, all county 139
employeespublic officials, or all township employeespublic 140
officials, as the case may be, provide a written authorization 141
designating a financial institution and an account number to which 142
payment of the employee'spublic official's compensation shall be 143
credited under the municipal corporation's, county's, or 144
township's direct deposit payroll policy. The direct deposit 145
payroll policy adopted by the legislative authority of a municipal 146
corporation, a county auditor, or a board of township trustees may 147
exempt from the direct deposit requirement those municipal, 148
county, or township employeespublic officials who cannot provide 149
an account number, or for other reasons specified in the policy. 150
The written authorization is not a public record under section 151
149.43 of the Revised Code.152

       Sec. 9.482. (A) As used in this section, "political:153

       (1) "Political subdivision" has the meaning defined in 154
section 2744.01 of the Revised Code.155

       (2) "State agency" means any organized body, office, agency, 156
institution, or other entity established by the laws of the state 157
for the exercise of any function of state government. The term 158
includes a state institution of higher education as defined in 159
section 3345.011 of the Revised Code.160

       (B)(1) When legally authorized by their respective 161
legislative authoritiesto do so, a political subdivision may 162
enter into an agreement with another political subdivision or a 163
state agency whereby athe contracting political subdivision or 164
state agency agrees to exercise any power, perform any function, 165
or render any service for anotherthe contracting recipient 166
political subdivision that the contracting recipient political 167
subdivision is otherwise legally authorized to exercise, perform, 168
or render.169

       In(2) When legally authorized to do so, a state agency may 170
enter into an agreement with a political subdivision whereby the 171
contracting political subdivision agrees to exercise any power, 172
perform any function, or render any service for the contracting 173
recipient state agency that the contracting recipient state agency 174
is otherwise legally authorized to exercise, perform, or render.175

       (C) In the absence in the agreement of provisions determining 176
by what officer, office, department, agency, or other authority 177
the powers and duties of a contracting political subdivision shall 178
be exercised or performed, the legislative authority of the 179
contracting political subdivision shall determine and assign the 180
powers and duties.181

        An agreement shall not suspend the possession by a 182
contracting recipient political subdivision or state agency of any 183
power or function that is exercised or performed on its behalf by 184
anotherthe other contracting political subdivision or the 185
contracting state agency under the agreement.186

       A political subdivision shall not enter into an agreement to 187
levy any tax or to exercise, with regard to public moneys, any 188
investment powers, perform any investment function, or render any 189
investment service on behalf of a contracting subdivision. Nothing 190
in this paragraph prohibits a political subdivision from entering 191
into an agreement to collect, administer, or enforce any tax on 192
behalf of another political subdivision or to limit the authority 193
of political subdivisions to create and operate joint economic 194
development zones or joint economic development districts as 195
provided in sections 715.69 to 715.83 of the Revised Code.196

       (C)(D) No county elected officer may be required to exercise 197
any power, perform any function, or render any service under an 198
agreement entered into under this section without the written 199
consent of the county elected officer. No county may enter into an 200
agreement under this section for the exercise, performance, or 201
rendering of any statutory powers, functions, or services of any 202
county elected officer without the written consent of the county 203
elected officer.204

       (D)(E) No power shall be exercised, no function shall be 205
performed, and no service shall be rendered by a contracting 206
political subdivision or state agency pursuant to an agreement 207
entered into under this section within a political subdivision 208
that is not a party to the agreement, without first obtaining the 209
written consent of the political subdivision that is not a party 210
to the agreement and within which the power is to be exercised, a 211
function is to be performed, or a service is to be rendered.212

       (E)(F) Chapter 2744. of the Revised Code, insofar as it 213
applies to the operation of a political subdivision, applies to 214
the political subdivisions that are parties to an agreement and to 215
their employees when they are rendering a service outside the 216
boundaries of their employing political subdivision under the 217
agreement. Employees acting outside the boundaries of their 218
employing political subdivision while providing a service under an 219
agreement may participate in any pension or indemnity fund 220
established by the political subdivision to the same extent as 221
while they are acting within the boundaries of the political 222
subdivision, and are entitled to all the rights and benefits of 223
Chapter 4123. of the Revised Code to the same extent as while they 224
are performing a service within the boundaries of the political 225
subdivision.226

       Sec. 9.90.  (A) The board of trustees or other governing body 227
of a state institution of higher education, as defined in section 228
3345.011 of the Revised Code, board of education of a school 229
district, or governing board of an educational service center may, 230
in addition to all other powers provided in the Revised Code:231

       (1) Contract for, purchase, or otherwise procure from an 232
insurer or insurers licensed to do business by the state of Ohio 233
for or on behalf of such of its employees as it may determine, 234
life insurance, or sickness, accident, annuity, endowment, health, 235
medical, hospital, dental, or surgical coverage and benefits, or 236
any combination thereof, by means of insurance plans or other 237
types of coverage, family, group or otherwise, and may pay from 238
funds under its control and available for such purpose all or any 239
portion of the cost, premium, or charge for such insurance, 240
coverage, or benefits. However, the governing board, in addition 241
to or as an alternative to the authority otherwise granted by 242
division (A)(1) of this section, may elect to procure coverage for 243
health care services, for or on behalf of such of its employees as 244
it may determine, by means of policies, contracts, certificates, 245
or agreements issued by at least two health insuring corporations 246
holding a certificate of authority under Chapter 1751. of the 247
Revised Code and may pay from funds under the governing board's 248
control and available for such purpose all or any portion of the 249
cost of such coverage.250

       (2) Make payments to a custodial account for investment in 251
regulated investment company stock for the purpose of providing 252
retirement benefits as described in section 403(b)(7) of thethat 253
is treated as an annuity under Internal Revenue Code of 1954, as 254
amended. Such stock shall be purchased only from persons 255
authorized to sell such stock in this statesection 403(b).256

       Any income of an employee deferred under divisions (A)(1) and 257
(2) of this section in a deferred compensation program eligible 258
for favorable tax treatment under the Internal Revenue Code of 259
1954, as amended, shall continue to be included as regular 260
compensation for the purpose of computing the contributions to and 261
benefits from the retirement system of such employee. Any sum so 262
deferred shall not be included in the computation of any federal 263
and state income taxes withheld on behalf of any such employee.264

       (B) All or any portion of the cost, premium, or charge 265
therefor may be paid in such other manner or combination of 266
manners as the board or governing body may determine, including 267
direct payment by the employee in cases under division (A)(1) of 268
this section, and, if authorized in writing by the employee in 269
cases under division (A)(1) or (2) of this section, by the board 270
or governing body with moneys made available by deduction from or 271
reduction in salary or wages or by the foregoing of a salary or 272
wage increase. Nothing in section 3917.01 or section 3917.06 of 273
the Revised Code shall prohibit the issuance or purchase of group 274
life insurance authorized by this section by reason of payment of 275
premiums therefor by the board or governing body from its funds, 276
and such group life insurance may be so issued and purchased if 277
otherwise consistent with the provisions of sections 3917.01 to 278
3917.07 of the Revised Code.279

       (C) The board of education of any school district may 280
exercise any of the powers granted to the governing boards of 281
public institutions of higher education under divisions (A) and 282
(B) of this section. All health care benefits provided to persons 283
employed by the public schools of this state shall be through 284
health care plans that contain best practices established by the 285
department of administrative services pursuant to section 9.901 of 286
the Revised Code.287

       Sec. 9.91.  If the governing board of a public institution of 288
higher education or the board of education of a school district 289
procures a tax-sheltered annuity for an employee, pursuant to 290
section 9.90 of the Revised Code, that meets the requirements of 291
section 403(b) of the Internal Revenue Code of 1954, 26 U.S.C.A.292
section 403(b), the employee has the right to designate the 293
licensed agent, broker, or company through whom the board shall 294
arrange for the placement or purchase of the tax-sheltered 295
annuity. In any case in which the employee has designated such an 296
agent, broker, or company, the board shall comply with the 297
designation, provided that the board may impose either or both of 298
the following as conditions to complying with any such 299
designations:300

       (A) The designee must execute a reasonable agreement 301
protecting the institution or district from any liability 302
attendant to procuring the annuity;303

       (B) The designee must be designated by a number of employees 304
equal to at least one per cent of the board's full-time employees 305
or at least five employees, whichever is greater, except that the 306
board may not require that the agent, broker, or company be 307
designated by more than fifty employees.308

       Sec. 9.911.  (A) An annuity contract or custodial account 309
procured for an employee of a public institution of higher 310
education pursuant to section 9.90 of the Revised Code shall 311
comply with both of the following:312

       (1) The annuity contract or custodial account must meet the 313
requirements of Internal Revenue Code section 403(b).314

       (2) The institution, in its sole and absolute discretion, 315
shall arrange for the procurement of the annuity contract or 316
custodial account by doing one of the following:317

       (a) Selecting a minimum of four providers of annuity 318
contracts or custodial accounts through a selection process 319
determined by the institution in its sole and absolute discretion, 320
except that if fewer than four providers are available the 321
institution shall select the number of providers available.322

       (b) Subject to division (D) of this section, allowing each 323
eligible employee to designate a licensed agent, broker, or 324
company as a provider.325

       (B) Division (A)(2)(a) of this section does not require a 326
public institution of higher education to select a provider if 327
either of the following is the case:328

       (1) The provider is not willing to provide an annuity 329
contract or custodial account at that public institution.330

       (2) The provider is not willing to agree to the terms and 331
conditions of the agreement described in division (E) of this 332
section.333

       (C) Designation as a provider under section 9.90 of the 334
Revised Code prior to the effective date of this section does not 335
give a licensed agent, broker, or company a right to be selected 336
as a provider under this section, but subject to division (D) of 337
this section, such a licensed agent, broker, or company shall 338
remain a provider until another provider is selected under 339
division (A)(2) of this section.340

       (D) If an employee designates a provider under division 341
(A)(2)(b) of this section, the employing institution shall comply 342
with the designation but may require either or both of the 343
following:344

       (1) That the provider enter into an agreement with the 345
institution that does either or both of the following:346

       (a) Prohibits the provider from transferring funds to a third 347
party without the express consent of the institution or its 348
authorized representative;349

       (b) Includes such other terms and conditions as are 350
established by the institution in its sole discretion.351

       (2) That the provider be designated by a number of employees 352
equal to at least one per cent of the institution's eligible 353
employees or at least five employees, whichever is greater, except 354
that the institution may not require that the provider be 355
designated by more than fifty employees.356

       (E) An institution may require a provider selected under 357
division (A)(2)(a) of this section to enter into an agreement with 358
the institution that does either or both of the following:359

       (1) Prohibits the provider from transferring funds to a third 360
party without the express consent of the institution or its 361
authorized representative;362

       (2) Includes such other terms and conditions as are 363
established by the institution in its sole discretion.364

       Sec. 103.63.  There is established an Ohio constitutional 365
modernization commission consisting of thirty-two members. Twelve 366
members shall be appointed from the general assembly as follows: 367
three by the president of the senate, three by the minority leader 368
of the senate, three by the speaker of the house of 369
representatives, and three by the minority leader of the house of 370
representatives. Not later thanOn or before the tenth day of371
January 1, 2012, and every two years thereaftereven-numbered 372
year, the twelve general assembly members shall meet, organize, 373
and elect two co-chairpersons, who shall be from different 374
political parties. Beginning in 2014, the twelve general assembly 375
members shall elect one co-chairperson from each house of the 376
general assembly. The members shall then, by majority vote, 377
appoint twenty commission members, not from the general assembly. 378
All appointments shall end on the first day of January of every 379
even-numbered year, or as soon thereafter as successors are 380
appointed, and the commission shall then be re-created in the 381
manner provided above. Members may be reappointed. Vacancies on 382
the commission shall be filled in the manner provided for original 383
appointments.384

       The members of the commission shall serve without 385
compensation, but each member shall be reimbursed for actual and 386
necessary expenses incurred while engaging in the performance of 387
the member's official duties. Membership on the commission does 388
not constitute holding another public office. The joint 389
legislative ethics committee is the appropriate ethics commission 390
as described in division (F) of section 102.01 of the Revised Code 391
for matters relating to the public members appointed to the Ohio 392
constitutional modernization commission.393

       Sec. 121.084.  (A) All moneys collected under sections 394
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20, 395
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other 396
moneys collected by the division of industrial compliance shall be 397
paid into the state treasury to the credit of the industrial 398
compliance operating fund, which is hereby created. The department 399
of commerce shall use the moneys in the fund for paying the 400
operating expenses of the division and the administrative 401
assessment described in division (B) of this section.402

       (B) The director of commerce, with the approval of the 403
director of budget and management, shall prescribe procedures for 404
assessing the industrial compliance operating fund a proportionate 405
share of the administrative costs of the department of commerce. 406
The assessment shall be made in accordance with those procedures 407
and be paid from the industrial compliance operating fund to the 408
division of administration fund created in section 121.08 of the 409
Revised Code.410

       Sec. 122.12.  As used in this section and in section 122.121 411
of the Revised Code:412

       (A) "Endorsing county" means a county that contains a site 413
selected by a site selection organization for one or more games.414

       (B) "Endorsing municipality" means a municipal corporation 415
that contains a site selected by a site selection organization for 416
one or more games.417

       (C) "Game support contract" means a joinder undertaking, 418
joinder agreement, or similar contract executed by an endorsing 419
municipality or endorsing county and a site selection 420
organization.421

       (D)(1) "Game" means a national or international competition 422
of football, auto racing, rugby, cricket, horse racing, mixed 423
martial arts, boxing, or any sport that is governed by an 424
international federation and included in at least one of the 425
following:426

       (1)(a) Olympic games;427

        (2)(b) Pan American games;428

        (3)(c) Commonwealth games.429

       (2) "Game" includes the special olympics.430

       (E) "Joinder agreement" means an agreement entered into by a 431
local organizing committee, endorsing municipality, or endorsing 432
county, or more than one endorsing municipality or county acting 433
collectively and a site selection organization setting out 434
representations and assurances by each endorsing municipality or 435
endorsing county in connection with the selection of a site in 436
this state for the location of a game.437

       (F) "Joinder undertaking" means an agreement entered into by 438
a local organizing committee, endorsing municipality, or endorsing 439
county, or more than one endorsing municipality or county acting 440
collectively and a site selection organization that each endorsing 441
municipality or endorsing county will execute a joinder agreement 442
in the event that the site selection organization selects a site 443
in this state for a game.444

       (G) "Local organizing committee" means a nonprofit 445
corporation or its successor in interest that:446

       (1) Has been authorized by an endorsing municipality, 447
endorsing county, or more than one endorsing municipality or 448
county acting collectively to pursue an application and bid on the 449
applicant's behalf to a site selection organization for selection 450
as the site of one or more games; or451

       (2) With the authorization of an endorsing municipality, 452
endorsing county, or more than one endorsing municipality or 453
county acting collectively, has executed an agreement with a site 454
selection organization regarding a bid to host one or more games.455

       (H) "Site selection organization" means the national or 456
international governing body of a sport that is recognized as such 457
by the endorsing municipality, endorsing county, or local 458
organizing committee.459

       Sec. 122.121.  (A) If a local organizing committee, endorsing 460
municipality, or endorsing county enters into a joinder 461
undertaking with a site selection organization, the local 462
organizing committee, endorsing municipality, or endorsing county 463
may apply to the director of development services, on a form and 464
in the manner prescribed by the director, for a grant based on the 465
projected incremental increase in the receipts from the tax 466
imposed under section 5739.02 of the Revised Code within the 467
market area designated under division (C) of this section, for the 468
two-week period that ends at the end of the day after the date on 469
which a game will be held, that is directly attributable, as 470
determined by the director, to the preparation for and 471
presentation of the game. The director shall determine the 472
projected incremental increase in the tax imposed under section 473
5739.02 of the Revised Code by using a formula approved by the 474
destination marketing association international for event impact 475
or another formula of similar purpose approved by the director. 476
The local organizing committee, endorsing municipality, or 477
endorsing county is eligible to receive a grant under this section 478
only if the projected incremental increase in receipts from the 479
tax imposed under section 5739.02 of the Revised Code, as 480
determined by the director, exceeds two hundred fifty thousand 481
dollars. The amount of the grant shall be not less than fifty per 482
cent of the projected incremental increase in receipts, as 483
determined by the director, but shall not exceed five hundred 484
thousand dollars. The director shall not issue grants with a total 485
value of more than one million dollars in any fiscal year, and 486
shall not issue any grant before July 1, 2013.487

       (B) If the director of development services approves an 488
application for a local organizing committee, endorsing 489
municipality, or endorsing county and that local organizing 490
committee, endorsing municipality, or endorsing county enters into 491
a joinder agreement with a site selection organization, the local 492
organizing committee, endorsing municipality, or endorsing county 493
shall file a copy of the joinder agreement with the director of 494
development, who immediately shall notify the director of budget 495
and management of the filing. Within thirty days after receiving 496
the notice, the director of budget and management shall establish 497
a schedule to disburse from the general revenue fund to such local 498
organizing committee, endorsing municipality, or endorsing county 499
payments that total the amount certified by the director of 500
development under division (A) of this section, but in no event 501
shall the total amount disbursed exceed five hundred thousand 502
dollars, and no disbursement shall be made before July 1, 2013. 503
The paymentsgrant shall be used exclusively by the local 504
organizing committee, endorsing municipality, or endorsing county 505
to fulfill a portion of its obligations to a site selection 506
organization under game support contracts, which obligations may 507
include the payment of costs relating to the preparations 508
necessary for the conduct of the game, including acquiring, 509
renovating, or constructing facilities; to pay the costs of 510
conducting the game; and to assist the local organizing committee, 511
endorsing municipality, or endorsing county in providing 512
assurances required by a site selection organization sponsoring 513
one or more games.514

       (C) For the purposes of division (A) of this section, the 515
director of development services, in consultation with the tax 516
commissioner, shall designate the market area for a game. The 517
market area shall consist of the combined statistical area, as 518
defined by the United States office of management and budget, in 519
which an endorsing municipality or endorsing county is located. 520

       (D) A local organizing committee, endorsing municipality, or 521
endorsing county shall provide information required by the 522
director of development services and tax commissioner to enable 523
the director and commissioner to fulfill their duties under this 524
section, including annual audited statements of any financial 525
records required by a site selection organization and data 526
obtained by the local organizing committee, endorsing 527
municipality, or endorsing county relating to attendance at a game 528
and to the economic impact of the game. A local organizing 529
committee, an endorsing municipality, or an endorsing county shall 530
provide an annual audited financial statement if so required by 531
the director and commissioner, not later than the end of the 532
fourth month after the date the period covered by the financial 533
statement ends.534

       (E) Within thirty days after the game, the local organizing 535
committee, endorsing municipality, or endorsing county shall 536
report to the director of development services about the economic 537
impact of the game. The report shall be in the form and substance 538
required by the director, including, but not limited to, a final 539
income statement for the event showing total revenue and 540
expenditures and revenue and expenditures in the market area for 541
the game, and ticket sales for the game and any related activities 542
for which admission was charged. The director of development shall 543
determine, based on the reported information and the exercise of 544
reasonable judgment, the incremental increase in receipts from the 545
tax imposed under section 5739.02 of the Revised Code directly 546
attributable to the game. If the actual incremental increase in 547
such receipts is less than the projected incremental increase in 548
receipts, the director may require the local organizing committee, 549
endorsing municipality, or endorsing county to refund to the state 550
all or a portion of the grant.551

       (F) No disbursement may be made under this section if the 552
director of development services determines that it would be used 553
for the purpose of soliciting the relocation of a professional 554
sports franchise located in this state.555

       (G) This section may not be construed as creating or 556
requiring a state guarantee of obligations imposed on an endorsing 557
municipality or endorsing county under a game support contract or 558
any other agreement relating to hosting one or more games in this 559
state.560

       Sec. 122.861.  (A) As used in this section:561

        (1) "Certified engine configuration" means a new, rebuilt, or 562
remanufactured engine configuration that satisfies divisions 563
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this 564
section:565

        (a) It has been certified by the administrator of the United 566
States environmental protection agency or the California air 567
resources board.568

        (b) It meets or is rebuilt or remanufactured to a more 569
stringent set of engine emission standards than when originally 570
manufactured, as determined pursuant to Subtitle G of Title VII of 571
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838, 572
et seq.573

        (c) In the case of a certified engine configuration involving 574
the replacement of an existing engine, an engine configuration 575
that replaced an engine that was removed from the vehicle and 576
returned to the supplier for remanufacturing to a more stringent 577
set of engine emissions standards or for scrappage.578

        (2) "Section 793" means section 793 of the Energy Policy Act 579
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.580

        (3) "Verified technology" means a pollution control 581
technology, including a retrofit technology, advanced truckstop 582
electrification system, or auxiliary power unit, that has been 583
verified by the administrator of the United States environmental 584
protection agency or the California air resources board.585

        (B) For the purpose of reducing emissions from diesel 586
engines, the director of environmental protection shall administer 587
a diesel emissions reduction grant program and a diesel emissions 588
reduction revolving loanclean diesel school bus program. The 589
programs shall provide for the implementation in this state of 590
section 793 and shall otherwise be administered in compliance with 591
the requirements of section 793, and any regulations issued 592
pursuant to that section.593

        The director shall apply to the administrator of the United 594
States environmental protection agency for grant or loan funds 595
available under section 793 to help fund the diesel emissions 596
reduction grant program and the diesel emissions reduction 597
revolving loanclean diesel school bus program. 598

        (C) There is hereby created in the state treasury the diesel 599
emissions reduction revolving loan fund consisting of money 600
appropriated to it by the general assembly, any grants obtained 601
from the federal government under section 793, and any other 602
grants, gifts, or other contributions of money made to the credit 603
of the fund. Money in the fund shall be used for the purpose of 604
making loans for projects relating to certified engine 605
configurations and verified technologies in a manner consistent 606
with the requirements of section 793 and any regulations issued 607
pursuant to that section. Interest earned from moneys in the fund 608
shall be used to administer the diesel emissions reduction 609
revolving loan program.610

       Sec. 124.32.  (A) A person holding an office or position in 611
the classified service may be transferred to a similar position in 612
another office, department, or institution having the same pay and 613
similar duties, but no transfer shall be made as follows:614

       (1) From an office or position in one class to an office or 615
position in another class;616

       (2) To an office or position for original entrance to which 617
there is required by sections 124.01 to 124.64 of the Revised 618
Code, or the rules adopted pursuant to those sections, an 619
examination involving essential tests or qualifications or 620
carrying a salary different from or higher than those required for 621
original entrance to an office or position held by the person 622
proposed to be transferred.623

       No person in the classified civil service of the state may be 624
transferred without the consent of the director of administrative 625
services.626

       (B) Any person holding an office or position in the 627
classified service who has been separated from the service without 628
delinquency or misconduct on the person's part may be reinstated 629
within one year from the date of that separation to a vacancy in 630
the same office or in a similar position in the same department, 631
except that a person in the classified service of the state only 632
may be reinstated with the consent of the director of 633
administrative services. But, if that separation is due to injury 634
or physical or psychiatric disability, the person shall be 635
reinstated in the same office held or in a similar position to 636
that held at the time of separation, within thirtysixty days 637
after written application for reinstatement, if the person passes 638
a physical or psychiatric examination made by a licensed 639
physician, a physician assistant, a clinical nurse specialist, a 640
certified nurse practitioner, or a certified nurse-midwife showing 641
that the person has recovered from the injury or physical or 642
psychiatric disability, if the application for reinstatement is 643
filed within two years from the date of separation, and if the 644
application is not filed after the date of service eligibility 645
retirement. The physician, physician assistant, clinical nurse 646
specialist, certified nurse practitioner, or certified 647
nurse-midwife shall be designated by the appointing authority and 648
shall complete any written documentation of the physical or 649
psychiatric examination.650

       Sec. 124.82.  (A) Except as provided in division (D) of this 651
section, the department of administrative services, in 652
consultation with the superintendent of insurance, shall, in 653
accordance with competitive selection procedures of Chapter 125. 654
of the Revised Code, contract with an insurance company or a 655
health plan in combination with an insurance company, authorized 656
to do business in this state, for the issuance of a policy or 657
contract of health, medical, hospital, dental, or surgical 658
benefits, or any combination of those benefits, covering state 659
employees who are paid directly by warrant of the director of 660
budget and management, including elected state officials. The 661
department may fulfill its obligation under this division by 662
exercising its authority under division (A)(2) of section 124.81 663
of the Revised Code.664

       (B) The department may, in addition, in consultation with the 665
superintendent of insurance, negotiate and contract with health 666
insuring corporations holding a certificate of authority under 667
Chapter 1751. of the Revised Code, in their approved service areas 668
only, for issuance of a contract or contracts of health care 669
services, covering state employees who are paid directly by 670
warrant of the director of budget and management, including 671
elected state officials. The department may enter into contracts 672
with one or more insurance carriers or health plans to provide the 673
same plan of benefits, provided that:674

       (1) The amount of the premium or cost for such coverage 675
contributed by the state, for an individual or for an individual 676
and the individual's family, does not exceed that same amount of 677
the premium or cost contributed by the state under division (A) of 678
this section;679

       (2) The employee be permitted to exercise the option as to 680
which plan the employee will select under division (A) or (B) of 681
this section, at a time that shall be determined by the 682
department;683

       (3) The health insuring corporations do not refuse to accept 684
the employee, or the employee and the employee's family, if the 685
employee exercises the option to select care provided by the 686
corporations;687

       (4) The employee may choose participation in only one of the 688
plans sponsored by the department;689

       (5) The director of health examines and certifies to the 690
department that the quality and adequacy of care rendered by the 691
health insuring corporations meet at least the standards of care 692
provided by hospitals and physicians in that employee's community, 693
who would be providing such care as would be covered by a contract 694
awarded under division (A) of this section.695

       (C) All or any portion of the cost, premium, or charge for 696
the coverage in divisions (A) and (B) of this section may be paid 697
in such manner or combination of manners as the department 698
determines and may include the proration of health care costs, 699
premiums, or charges for part-time employees.700

       (D) Notwithstanding division (A) of this section, the 701
department may provide benefits equivalent to those that may be 702
paid under a policy or contract issued by an insurance company or 703
a health plan pursuant to division (A) of this section.704

       (E) This section does not prohibit the state office of 705
collective bargaining from entering into an agreement with an 706
employee representative for the purposes of providing fringe 707
benefits, including, but not limited to, hospitalization, surgical 708
care, major medical care, disability, dental care, vision care, 709
medical care, hearing aids, prescription drugs, group life 710
insurance, sickness and accident insurance, group legal services 711
or other benefits, or any combination of those benefits, to 712
employees paid directly by warrant of the director of budget and 713
management through a jointly administered trust fund. The 714
employer's contribution for the cost of the benefit care shall be 715
mutually agreed to in the collectively bargained agreement. The 716
amount, type, and structure of fringe benefits provided under this 717
division is subject to the determination of the board of trustees 718
of the jointly administered trust fund. Notwithstanding any other 719
provision of the Revised Code, competitive bidding does not apply 720
to the purchase of fringe benefits for employees under this 721
division when those benefits are provided through a jointly 722
administered trust fund.723

       (F) Members of state boards or commissions may be covered by 724
any policy, contract, or plan of benefits or services described in 725
division (A) or (B) of this section. Board or commission members 726
who are appointed for a fixed term and who are compensated on a 727
per meeting basis, or paid only for expenses, or receive a 728
combination of per diem payments and expenses shall pay the entire 729
amount of the premiums, costs, or charges for that coverage.730

       (G) Employees of the Ohio historical society may be covered 731
by any policy, contract, or plan of benefits or services described 732
in division (A) or (B) of this section. The Ohio historical 733
society and its employees shall pay the entire amount of the 734
premiums, costs, or charges for that coverage.735

       Sec. 125.13.  (A) As used in this section:736

       (1) "Emergency medical service organization" has the same 737
meaning as in section 4765.01 of the Revised Code.738

       (2) "Private fire company" has the same meaning as in section 739
9.60 of the Revised Code.740

       (B) Except as otherwise provided in section 5139.03 of the 741
Revised Code, whenever a state agency determines that it has 742
excess or surplus supplies, it shall notify the director of 743
administrative services. Upon request by the director and on forms 744
provided by the director, the state agency shall furnish to the 745
director a list of all those excess and surplus supplies and an 746
appraisal of their value.747

       (C) The director of administrative services shall take 748
immediate control of a state agency's excess and surplus supplies, 749
except for the following excess and surplus supplies:750

       (1) Excess or surplus supplies that have a value below the 751
minimum value that the director establishes for excess and surplus 752
supplies under division (F) of this section;753

       (2) Excess or surplus supplies that the director has 754
authorized an agency to donate to a public entity, including, but 755
not limited to, public schools and surplus computers and computer 756
equipment transferred to a public school under division (H) of 757
this section;758

       (3) Excess or surplus supplies that an agency trades in as 759
full or partial payment when purchasing a replacement item;760

       (4) Hazardous property.761

       (D) The director shall inventory excess and surplus supplies 762
in the director's control and may have the supplies repaired.763

       (E) The director may do either of the following:764

       (1) Dispose of declared surplus or excess supplies in the 765
director's control by sale, lease, donation, or transfer. If the 766
director does so, the director shall dispose of those supplies in 767
the following order of priority:768

       (a) To state agencies;769

       (b) To state-supported or state-assisted institutions of 770
higher education;771

       (c) To tax-supported agencies, municipal corporations, or 772
other political subdivisions of this state, private fire 773
companies, or private, nonprofit emergency medical service 774
organizations;775

       (d) To nonpublic elementary and secondary schools chartered 776
by the state board of education under section 3301.16 of the 777
Revised Code;778

       (e) To the general public by auction, sealed bid, sale, or 779
negotiation.780

       (2) If the director has attempted to dispose of any declared 781
surplus or excess motor vehicle that does not exceed four thousand 782
five hundred dollars in value pursuant to divisions (E)(1)(a) to 783
(c) of this section, donate the motor vehicle to a nonprofit 784
organization exempt from federal income taxation pursuant to 26 785
U.S.C. 501(a) and (c)(3) for the purpose of meeting the 786
transportation needs of participants in the Ohio works first 787
program established under Chapter 5107. of the Revised Code and 788
participants in the prevention, retention, and contingency program 789
established under Chapter 5108. of the Revised Code. The director 790
may not donate a motor vehicle furnished to the state highway 791
patrol to a nonprofit organization pursuant to this division.792

       (F) The director may adopt rules governing the sale, lease, 793
or transfer of surplus and excess supplies in the director's 794
control by public auction, sealed bid, sale, or negotiation, 795
except that no employee of the disposing agency shall be allowed 796
to purchase, lease, or receive any such supplies. The director may 797
dispose of declared surplus or excess supplies, including motor 798
vehicles, in the director's control as the director determines 799
proper if such supplies cannot be disposed of pursuant to division 800
(E) of this section. The director shall by rule establish a 801
minimum value for excess and surplus supplies and prescribe 802
procedures for a state agency to follow in disposing of excess and 803
surplus supplies in its control that have a value below the 804
minimum value established by the director.805

       (G) No state-supported or state-assisted institution of 806
higher education, tax-supported agency, municipal corporation, or 807
other political subdivision of this state, private fire company, 808
or private, nonprofit emergency medical service organization shall 809
sell, lease, or transfer excess or surplus supplies acquired under 810
this section to private entities or the general public at a price 811
greater than the price it originally paid for those supplies.812

       (H) The director of administrative services may authorize any 813
state agency to transfer surplus computers and computer equipment 814
that are not needed by other state agencies directly to an 815
accredited public school within the state. The computers and 816
computer equipment may be repaired or refurbished prior to 817
transfer. The state agency may charge a service fee to the public 818
schools for the property not to exceed the direct cost of 819
repairing or refurbishing it. The state agency shall deposit such 820
funds into the account used for repair or refurbishment.821

       Sec. 126.21.  (A) The director of budget and management shall 822
do all of the following:823

       (1) Keep all necessary accounting records;824

       (2) Prescribe and maintain the accounting system of the state 825
and establish appropriate accounting procedures and charts of 826
accounts;827

       (3) Establish procedures for the use of written, electronic, 828
optical, or other communications media for approving and reviewing 829
payment vouchers;830

       (4) Reconcile, in the case of any variation between the 831
amount of any appropriation and the aggregate amount of items of 832
the appropriation, with the advice and assistance of the state 833
agency affected by it and the legislative service commission, 834
totals so as to correspond in the aggregate with the total 835
appropriation. In the case of a conflict between the item and the 836
total of which it is a part, the item shall be considered the 837
intended appropriation.838

       (5) Evaluate on an ongoing basis and, if necessary, recommend 839
improvements to the internal controls used in state agencies;840

       (6) Authorize the establishment of petty cash accounts. The 841
director may withdraw approval for any petty cash account and 842
require the officer in charge to return to the state treasury any 843
unexpended balance shown by the officer's accounts to be on hand. 844
Any officer who is issued a warrant for petty cash shall render a 845
detailed account of the expenditures of the petty cash and shall 846
report when requested the balance of petty cash on hand at any 847
time.848

       (7) Process orders, invoices, vouchers, claims, and payrolls 849
and prepare financial reports and statements;850

       (8) Perform extensions, reviews, and compliance checks prior 851
to or after approving a payment as the director considers 852
necessary;853

       (9) Issue the official comprehensive annual financial report 854
of the state. The report shall cover all funds of the state 855
reporting entity and shall include basic financial statements and 856
required supplementary information prepared in accordance with 857
generally accepted accounting principles and other information as 858
the director provides. All state agencies, authorities, 859
institutions, offices, retirement systems, and other component 860
units of the state reporting entity as determined by the director 861
shall furnish the director whatever financial statements and other 862
information the director requests for the report, in the form, at 863
the times, covering the periods, and with the attestation the 864
director prescribes. The information for state institutions of 865
higher education, as defined in section 3345.011 of the Revised 866
Code, shall be submitted to the chancellor by the Ohio board of 867
regents. The board shall establish a due date by which each such 868
institution shall submit the information to the board, but no such 869
date shall be later than one hundred twenty days after the end of 870
the state fiscal year unless a later date is approved by the 871
director.872

       (B) In addition to the director's duties under division (A) 873
of this section, the director may establish and administer one or 874
more state payment card programs that permit or require state 875
agencies and political subdivisions to use a payment card to 876
purchase equipment, materials, supplies, or services in accordance 877
with guidelines issued by the director. The chief administrative 878
officer of a state agency or political subdivision that uses a 879
payment card for such purposes shall ensure that purchases made 880
with the card are made in accordance with the guidelines issued by 881
the director and do not exceed the unexpended, unencumbered, 882
unobligated balance in the appropriation to be charged for the 883
purchase. State agencies may participate in only those state884
payment card programs that the director establishes pursuant to 885
this section.886

       (C) In addition to the director's duties under divisions (A) 887
and (B) of this section, the director may enter into any contract 888
or agreement necessary for and incidental to the performance of 889
the director's duties or the duties of the office of budget and 890
management.891

       (D) In addition to the director's duties under divisions (A), 892
(B), and (C) of this section, the director may operate a shared 893
services center within the office of budget and management for the 894
purpose of consolidating common business functions and 895
transactional processes. The services offered by the shared 896
services center may be provided to any state agency or political 897
subdivision. In consultation with the director of administrative 898
services, the director may appoint and fix the compensation of 899
employees of the office of budget and management whose primary 900
duties include the consolidation of statewide financingcommon 901
business functions and common transactional processes.902

       (E) The director may transfer cash between funds other than 903
the general revenue fund in order to correct an erroneous payment 904
or deposit regardless of the fiscal year during which the 905
erroneous payment or deposit occurred.906

       (F) As used in divisions (B) and (D) of this section:907

       (1) "Political subdivision" has the same meaning as in 908
section 2744.01 of the Revised Code.909

       (2) "State agency" has the same meaning as in section 9.482 910
of the Revised Code.911

       Sec. 126.25.  The accounting and budgeting services provided 912
by the director of budget and management under section 126.21 of 913
the Revised Code shall be supported by user charges. The director 914
shall determine a rate that is sufficient to defray the expense of 915
those services and the manner by which those charges shall be 916
collected. All money collected from userthe charges shall be 917
deposited in the state treasury to the credit of the accounting 918
and budgeting fund, which is hereby created. Rebates or revenue 919
shares received from any state payment card program established 920
under division (B) of section 126.21 of the Revised Code and 921
miscellaneous payments that reimburse expenses paid from the 922
accounting and budgeting fund may be deposited into the accounting 923
and budgeting fund and used to support accounting and budgeting924
the services provided by the director.925

       Sec. 133.07.  (A) A county shall not incur, without a vote of 926
the electors, either of the following:927

       (1) Net indebtedness for all purposes that exceeds an amount 928
equal to one per cent of its tax valuation;929

       (2) Net indebtedness for the purpose of paying the county's 930
share of the cost of the construction, improvement, maintenance, 931
or repair of state highways that exceeds an amount equal to 932
one-half of one per cent of its tax valuation.933

       (B) A county shall not incur total net indebtedness that 934
exceeds an amount equal to one of the following limitations that 935
applies to the county:936

       (1) A county with a valuation not exceeding one hundred 937
million dollars, three per cent of that tax valuation;938

       (2) A county with a tax valuation exceeding one hundred 939
million dollars but not exceeding three hundred million dollars, 940
three million dollars plus one and one-half per cent of that tax 941
valuation in excess of one hundred million dollars;942

       (3) A county with a tax valuation exceeding three hundred 943
million dollars, six million dollars plus two and one-half per 944
cent of that tax valuation in excess of three hundred million 945
dollars.946

       (C) In calculating the net indebtedness of a county, none of 947
the following securities shall be considered:948

       (1) Securities described in section 307.201 of the Revised 949
Code;950

       (2) Self-supporting securities issued for any purposes, 951
including, but not limited to, any of the following general 952
purposes:953

       (a) Water systems or facilities;954

       (b) Sanitary sewerage systems or facilities, or surface and 955
storm water drainage and sewerage systems or facilities, or a 956
combination of those systems or facilities;957

       (c) County or joint county scrap tire collection, storage, 958
monocell, monofill, or recovery facilities, or any combination of 959
those facilities;960

       (d) Off-street parking lots, facilities, or buildings, or 961
on-street parking facilities, or any combination of off-street and 962
on-street parking facilities;963

       (e) Facilities for the care or treatment of the sick or 964
infirm, and for housing the persons providing that care or 965
treatment and their families;966

       (f) Recreational, sports, convention, auditorium, museum, 967
trade show, and other public attraction facilities;968

       (g) Facilities for natural resources exploration, 969
development, recovery, use, and sale;970

       (h) Correctional and detention facilities and related 971
rehabilitation facilities.972

       (3) Securities issued for the purpose of purchasing, 973
constructing, improving, or extending water or sanitary or surface 974
and storm water sewerage systems or facilities, or a combination 975
of those systems or facilities, to the extent that an agreement 976
entered into with another subdivision requires the other 977
subdivision to pay to the county amounts equivalent to debt 978
charges on the securities;979

       (4) Voted general obligation securities issued for the 980
purpose of permanent improvements for sanitary sewerage or water 981
systems or facilities to the extent that the total principal 982
amount of voted securities outstanding for the purpose does not 983
exceed an amount equal to two per cent of the county's tax 984
valuation;985

       (5) Securities issued for permanent improvements to house 986
agencies, departments, boards, or commissions of the county or of 987
any municipal corporation located, in whole or in part, in the 988
county, to the extent that the revenues, other than revenues from 989
unvoted county property taxes, derived from leases or other 990
agreements between the county and those agencies, departments, 991
boards, commissions, or municipal corporations relating to the use 992
of the permanent improvements are sufficient to cover the cost of 993
all operating expenses of the permanent improvements paid by the 994
county and debt charges on the securities;995

       (6) Securities issued pursuant to section 133.08 of the 996
Revised Code;997

       (7) Securities issued for the purpose of acquiring or 998
constructing roads, highways, bridges, or viaducts, for the 999
purpose of acquiring or making other highway permanent 1000
improvements, or for the purpose of procuring and maintaining 1001
computer systems for the office of the clerk of any 1002
county-operated municipal court, for the office of the clerk of 1003
the court of common pleas, or for the office of the clerk of the 1004
probate, juvenile, or domestic relations division of the court of 1005
common pleas to the extent that the legislation authorizing the 1006
issuance of the securities includes a covenant to appropriate from 1007
moneys distributed to the county pursuant to division (B) of 1008
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or 1009
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a 1010
sufficient amount to cover debt charges on and financing costs 1011
relating to the securities as they become due;1012

       (8) Securities issued for the purpose of acquiring, 1013
constructing, improving, and equipping a county, multicounty, or 1014
multicounty-municipal jail, workhouse, juvenile detention 1015
facility, or correctional facility;1016

       (9) Securities issued for the acquisition, construction, 1017
equipping, or repair of any permanent improvement or any class or 1018
group of permanent improvements enumerated in a resolution adopted 1019
pursuant to division (D) of section 5739.026 of the Revised Code 1020
to the extent that the legislation authorizing the issuance of the 1021
securities includes a covenant to appropriate from moneys received 1022
from the taxes authorized under section 5739.023 and division 1023
(A)(5) of section 5739.026 of the Revised Code an amount 1024
sufficient to pay debt charges on the securities and those moneys 1025
shall be pledged for that purpose;1026

       (10) Securities issued for county or joint county solid waste 1027
or hazardous waste collection, transfer, or disposal facilities, 1028
or resource recovery and solid or hazardous waste recycling 1029
facilities, or any combination of those facilities;1030

       (11) Securities issued for the acquisition, construction, and 1031
equipping of a port authority educational and cultural facility 1032
under section 307.671 of the Revised Code;1033

       (12) Securities issued for the acquisition, construction, 1034
equipping, and improving of a municipal educational and cultural 1035
facility under division (B)(1) of section 307.672 of the Revised 1036
Code;1037

       (13) Securities issued for energy conservation measures under 1038
section 307.041 of the Revised Code;1039

       (14) Securities issued for the acquisition, construction, 1040
equipping, improving, or repair of a sports facility, including 1041
obligations issued to pay costs of a sports facility under section 1042
307.673 of the Revised Code;1043

       (15) Securities issued under section 755.17 of the Revised 1044
Code if the legislation authorizing issuance of the securities 1045
includes a covenant to appropriate from revenue received from a 1046
tax authorized under division (A)(5) of section 5739.026 and 1047
section 5741.023 of the Revised Code an amount sufficient to pay 1048
debt charges on the securities, and the board of county 1049
commissioners pledges that revenue for that purpose, pursuant to 1050
section 755.171 of the Revised Code;1051

       (16) Sales tax supported bonds issued pursuant to section 1052
133.081 of the Revised Code for the purpose of acquiring, 1053
constructing, improving, or equipping any permanent improvement to 1054
the extent that the legislation authorizing the issuance of the 1055
sales tax supported bonds pledges county sales taxes to the 1056
payment of debt charges on the sales tax supported bonds and 1057
contains a covenant to appropriate from county sales taxes a 1058
sufficient amount to cover debt charges or the financing costs 1059
related to the sales tax supported bonds as they become due;1060

       (17) Bonds or notes issued under section 133.60 of the 1061
Revised Code if the legislation authorizing issuance of the bonds 1062
or notes includes a covenant to appropriate from revenue received 1063
from a tax authorized under division (A)(9) of section 5739.026 1064
and section 5741.023 of the Revised Code an amount sufficient to 1065
pay the debt charges on the bonds or notes, and the board of 1066
county commissioners pledges that revenue for that purpose;1067

       (18) Securities issued under section 3707.55 of the Revised 1068
Code for the acquisition of real property by a general health 1069
district;1070

       (19) Securities issued under division (A)(3) of section 1071
3313.37 of the Revised Code for the acquisition of real and 1072
personal property by an educational service center;1073

       (20) Securities issued for the purpose of paying the costs of 1074
acquiring, constructing, reconstructing, renovating, 1075
rehabilitating, expanding, adding to, equipping, furnishing, or 1076
otherwise improving an arena, convention center, or a combination 1077
of an arena and convention center under section 307.695 of the 1078
Revised Code;1079

       (21) Securities issued for the purpose of paying project 1080
costs under section 307.678 of the Revised Code.1081

       (D) In calculating the net indebtedness of a county, no 1082
obligation incurred under division (F) of section 339.06 of the 1083
Revised Code shall be considered.1084

       Sec. 149.30.  The Ohio historical society, chartered by this 1085
state as a corporation not for profit to promote a knowledge of 1086
history and archaeology, especially of Ohio, and operated 1087
continuously in the public interest since 1885, may perform public 1088
functions as prescribed by law.1089

       The general assembly may appropriate money to the Ohio 1090
historical society each biennium to carry out the public functions 1091
of the society as enumerated in this section. An appropriation by 1092
the general assembly to the society constitutes an offer to 1093
contract with the society to carry out those public functions for 1094
which appropriations are made. An acceptance by the society of the 1095
appropriated funds constitutes an acceptance by the society of the 1096
offer and is considered an agreement by the society to perform 1097
those functions in accordance with the terms of the appropriation 1098
and the law and to expend the funds only for the purposes for 1099
which appropriated. The governor may request on behalf of the 1100
society, and the controlling board may release, additional funds 1101
to the society for survey, salvage, repair, or rehabilitation of 1102
an emergency nature for which funds have not been appropriated, 1103
and acceptance by the society of those funds constitutes an 1104
agreement on the part of the society to expend those funds only 1105
for the purpose for which released by the controlling board.1106

       The society shall faithfully expend and apply all moneys 1107
received from the state to the uses and purposes directed by law 1108
and for necessary administrative expenses. If the general assembly 1109
appropriates money to the society for grants or subsidies to other 1110
entities for their site-related programs, the society, except for 1111
good cause, shall distribute the money within ninety days of 1112
accepting a grant or subsidy application for the money. 1113

       The society shall perform the public function of sending 1114
notice by certified mail to the owner of any property at the time 1115
it is listed on the national register of historic places. The 1116
society shall accurately record all expenditures of such funds in 1117
conformity with generally accepted accounting principles.1118

       The auditor of state shall audit all funds and fiscal records 1119
of the society.1120

       The public functions to be performed by the Ohio historical 1121
society shall include all of the following:1122

       (A) Creating, supervising, operating, protecting, 1123
maintaining, and promoting for public use a system of state 1124
memorials, titles to which may reside wholly or in part with this 1125
state or wholly or in part with the society as provided in and in 1126
conformity to appropriate acts and resolves of the general 1127
assembly, and leasing for renewable periods of two years or less, 1128
with the advice and consent of the attorney general and the 1129
director of administrative services, lands and buildings owned by 1130
the state which are in the care, custody, and control of the 1131
society, all of which shall be maintained and kept for public use 1132
at reasonable hours;1133

       (B) Making alterations and improvements, marking, and 1134
constructing, reconstructing, protecting, or restoring structures, 1135
earthworks, and monuments in its care, and equipping such 1136
facilities with appropriate educational maintenance facilities;1137

       (C) Serving as the archives administration for the state and 1138
its political subdivisions as provided in sections 149.31 to 1139
149.42 of the Revised Code;1140

       (D) Administering a state historical museum, to be the 1141
headquarters of the society and its principal museum and library, 1142
which shall be maintained and kept for public use at reasonable 1143
hours;1144

       (E) Establishing a marking system to identify all designated 1145
historic and archaeological sites within the state and marking or 1146
causing to be marked historic sites and communities considered by 1147
the society to be historically or archaeologically significant;1148

       (F) Publishing books, pamphlets, periodicals, and other 1149
publications about history, archaeology, and natural science and 1150
offering one copy of each regular periodical issue to all public 1151
libraries in this state at a reasonable price, which shall not 1152
exceed one hundred ten per cent more than the total cost of 1153
publication;1154

       (G) Engaging in research in history, archaeology, and natural 1155
science and providing historical information upon request to all 1156
state agencies;1157

       (H) Collecting, preserving, and making available by all 1158
appropriate means and under approved safeguards all manuscript, 1159
print, or near-print library collections and all historical 1160
objects, specimens, and artifacts which pertain to the history of 1161
Ohio and its people, including the following original documents: 1162
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed 1163
Ohio Constitution of 1875; design and the letters of patent and 1164
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. 1165
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); 1166
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 1167
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); 1168
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition 1169
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 1170
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); 1171
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); 1172
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 1173
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 1174
(1947);1175

       (I) Encouraging and promoting the organization and 1176
development of county and local historical societies;1177

       (J) Providing to Ohio schools such materials as the society 1178
may prepare to facilitate the instruction of Ohio history at a 1179
reasonable price, which shall not exceed one hundred ten per cent 1180
more than the total cost of preparation and delivery;1181

       (K) Providing advisory and technical assistance to local 1182
societies for the preservation and restoration of historic and 1183
archaeological sites;1184

       (L) Devising uniform criteria for the designation of historic 1185
and archaeological sites throughout the state and advising local 1186
historical societies of the criteria and their application;1187

       (M) Taking inventory, in cooperation with the Ohio arts 1188
council, the Ohio archaeological council, and the archaeological 1189
society of Ohio, of significant designated and undesignated state 1190
and local sites and keeping an active registry of all designated 1191
sites within the state;1192

       (N) Contracting with the owners or persons having an interest 1193
in designated historic or archaeological sites or property 1194
adjacent or contiguous to those sites, or acquiring, by purchase, 1195
gift, or devise, easements in those sites or in property adjacent 1196
or contiguous to those sites, in order to control or restrict the 1197
use of those historic or archaeological sites or adjacent or 1198
contiguous property for the purpose of restoring or preserving the 1199
historical or archaeological significance or educational value of 1200
those sites;1201

       (O) Constructing a monument honoring Governor James A. 1202
Rhodes, which shall stand on the northeast quadrant of the grounds 1203
surrounding the capitol building. The monument shall be 1204
constructed with private funds donated to the Ohio historical 1205
society and designated for this purpose. No public funds shall be 1206
expended to construct this monument. The department of 1207
administrative services shall cooperate with the Ohio historical 1208
society in carrying out this function and shall maintain the 1209
monument in a manner compatible with the grounds of the capitol 1210
building.1211

       (P) Commissioning a portrait of each departing governor, 1212
which shall be displayed in the capitol building. The Ohio 1213
historical society may accept private contributions designated for 1214
this purpose and, at the discretion of its board of trustees, also 1215
may apply for the same purpose funds appropriated by the general 1216
assembly to the society pursuant to this section.1217

       (Q) Submitting an annual report of its activities, programs, 1218
and operations to the governor within two months after the close 1219
of each fiscal year of the state.1220

       The society shall not sell, mortgage, transfer, or dispose of 1221
historical or archaeological sites to which it has title and in 1222
which the state has monetary interest except by action of the 1223
general assembly.1224

       In consideration of the public functions performed by the 1225
Ohio historical society for the state, employees of the society 1226
shall be considered public employees within the meaning of section 1227
145.01 of the Revised Code, and employees of the society may 1228
participate in plans and contracts providing health benefits for 1229
state employees under section 124.82 of the Revised Code. 1230
Employees of the society shall not be considered public employees 1231
for any other purpose.1232

       Sec. 149.311.  (A) As used in this section:1233

       (1) "Historic building" means a building, including its 1234
structural components, that is located in this state and that is 1235
either individually listed on the national register of historic 1236
places under 16 U.S.C. 470a, located in a registered historic 1237
district, and certified by the state historic preservation officer 1238
as being of historic significance to the district, or is 1239
individually listed as an historic landmark designated by a local 1240
government certified under 16 U.S.C. 470a(c).1241

       (2) "Qualified rehabilitation expenditures" means 1242
expenditures paid or incurred during the rehabilitation period, 1243
and before and after that period as determined under 26 U.S.C. 47, 1244
by an owner or qualified lessee of an historic building to 1245
rehabilitate the building. "Qualified rehabilitation expenditures" 1246
includes architectural or engineering fees paid or incurred in 1247
connection with the rehabilitation, and expenses incurred in the 1248
preparation of nomination forms for listing on the national 1249
register of historic places. "Qualified rehabilitation 1250
expenditures" does not include any of the following:1251

       (a) The cost of acquiring, expanding, or enlarging an 1252
historic building;1253

       (b) Expenditures attributable to work done to facilities 1254
related to the building, such as parking lots, sidewalks, and 1255
landscaping;1256

       (c) New building construction costs.1257

       (3) "Owner" of an historic building means a person holding 1258
the fee simple interest in the building. "Owner" does not include 1259
the state or a state agency, or any political subdivision as 1260
defined in section 9.23 of the Revised Code.1261

       (4) "Qualified lessee" means a person subject to a lease 1262
agreement for an historic building and eligible for the federal 1263
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee" 1264
does not include the state or a state agency or political 1265
subdivision as defined in section 9.23 of the Revised Code.1266

       (5) "Certificate owner" means the owner or qualified lessee 1267
of an historic building to which a rehabilitation tax credit 1268
certificate was issued under this section.1269

       (6) "Registered historic district" means an historic district 1270
listed in the national register of historic places under 16 U.S.C. 1271
470a, an historic district designated by a local government 1272
certified under 16 U.S.C. 470a(c), or a local historic district 1273
certified under 36 C.F.R. 67.8 and 67.9.1274

       (7) "Rehabilitation" means the process of repairing or 1275
altering an historic building or buildings, making possible an 1276
efficient use while preserving those portions and features of the 1277
building and its site and environment that are significant to its 1278
historic, architectural, and cultural values.1279

       (8) "Rehabilitation period" means one of the following:1280

       (a) If the rehabilitation initially was not planned to be 1281
completed in stages, a period chosen by the owner or qualified 1282
lessee not to exceed twenty-four months during which 1283
rehabilitation occurs;1284

       (b) If the rehabilitation initially was planned to be 1285
completed in stages, a period chosen by the owner or qualified 1286
lessee not to exceed sixty months during which rehabilitation 1287
occurs. Each stage shall be reviewed as a phase of a 1288
rehabilitation as determined under 26 C.F.R. 1.48-12 or a 1289
successor to that section.1290

       (9) "State historic preservation officer" or "officer" means 1291
the state historic preservation officer appointed by the governor 1292
under 16 U.S.C. 470a.1293

       (10) "Catalytic project" means the rehabilitation of an 1294
historic building, the rehabilitation of which will foster 1295
economic development within two thousand five hundred feet of the 1296
historic building. 1297

       (B) The owner or qualified lessee of an historic building may 1298
apply to the director of development services for a rehabilitation 1299
tax credit certificate for qualified rehabilitation expenditures 1300
paid or incurred by such owner or qualified lessee after April 4, 1301
2007, for rehabilitation of an historic building. If the owner of 1302
an historic building enters a pass-through agreement with a 1303
qualified lessee for the purposes of the federal rehabilitation 1304
tax credit under 26 U.S.C. 47, the qualified rehabilitation 1305
expenditures paid or incurred by the owner after April 4, 2007, 1306
may be attributed to the qualified lessee.1307

       The form and manner of filing such applications shall be 1308
prescribed by rule of the director. Each application shall state 1309
the amount of qualified rehabilitation expenditures the applicant 1310
estimates will be paid or incurred. The director may require 1311
applicants to furnish documentation of such estimates.1312

       The director, after consultation with the tax commissioner 1313
and in accordance with Chapter 119. of the Revised Code, shall 1314
adopt rules that establish all of the following:1315

        (1) Forms and procedures by which applicants may apply for 1316
rehabilitation tax credit certificates;1317

        (2) Criteria for reviewing, evaluating, and approving 1318
applications for certificates within the limitations under 1319
division (D) of this section, criteria for assuring that the 1320
certificates issued encompass a mixture of high and low qualified 1321
rehabilitation expenditures, and criteria for issuing certificates 1322
under division (C)(3)(b) of this section;1323

        (3) Eligibility requirements for obtaining a certificate 1324
under this section;1325

        (4) The form of rehabilitation tax credit certificates;1326

        (5) Reporting requirements and monitoring procedures;1327

        (6) Procedures and criteria for conducting cost-benefit 1328
analyses of historic buildings that are the subjects of 1329
applications filed under this section. The purpose of a 1330
cost-benefit analysis shall be to determine whether rehabilitation 1331
of the historic building will result in a net revenue gain in 1332
state and local taxes once the building is used.1333

       (7) Any other rules necessary to implement and administer 1334
this section.1335

       (C) The director of development services shall review the 1336
applications with the assistance of the state historic 1337
preservation officer and determine whether all of the following 1338
criteria are met:1339

       (1) That the building that is the subject of the application 1340
is an historic building and the applicant is the owner or 1341
qualified lessee of the building;1342

       (2) That the rehabilitation will satisfy standards prescribed 1343
by the United States secretary of the interior under 16 U.S.C. 1344
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to 1345
that section;1346

       (3) That receiving a rehabilitation tax credit certificate 1347
under this section is a major factor in:1348

       (a) The applicant's decision to rehabilitate the historic 1349
building; or1350

       (b) To increase the level of investment in such 1351
rehabilitation.1352

       An applicant shall demonstrate to the satisfaction of the 1353
state historic preservation officer and director of development 1354
services that the rehabilitation will satisfy the standards 1355
described in division (C)(2) of this section before the applicant 1356
begins the physical rehabilitation of the historic building.1357

       (D)(1) If the director of development services determines 1358
that an application meets the criteria in divisions (C)(1), (2), 1359
and (3) of this section, the director shall conduct a cost-benefit 1360
analysis for the historic building that is the subject of the 1361
application to determine whether rehabilitation of the historic 1362
building will result in a net revenue gain in state and local 1363
taxes once the building is used. The director shall consider the 1364
results of the cost-benefit analysis in determining whether to 1365
approve the application. The director shall also consider the 1366
potential economic impact and the regional distributive balance of 1367
the credits throughout the state. The director may approve an 1368
application only after completion of the cost-benefit analysis.1369

       (2) A rehabilitation tax credit certificate shall not be 1370
issued for an amount greater than the estimated amount furnished 1371
by the applicant on the application for such certificate and 1372
approved by the director. The director shall not approve more than 1373
a total of sixty million dollars of rehabilitation tax credits per 1374
fiscal year but the director may reallocate unused tax credits 1375
from a prior fiscal year for new applicants and such reallocated 1376
credits shall not apply toward the dollar limit of this division.1377

       (3) For rehabilitations with a rehabilitation period not 1378
exceeding twenty-four months as provided in division (A)(7)(8)(a) 1379
of this section, a rehabilitation tax credit certificate shall not 1380
be issued before the rehabilitation of the historic building is 1381
completed.1382

       (4) For rehabilitations with a rehabilitation period not 1383
exceeding sixty months as provided in division (A)(7)(8)(b) of 1384
this section, a rehabilitation tax credit certificate shall not be 1385
issued before a stage of rehabilitation is completed. After all 1386
stages of rehabilitation are completed, if the director cannot 1387
determine that the criteria in division (C) of this section are 1388
satisfied for all stages of rehabilitations, the director shall 1389
certify this finding to the tax commissioner, and any 1390
rehabilitation tax credits received by the applicant shall be 1391
repaid by the applicant and may be collected by assessment as 1392
unpaid tax by the commissioner.1393

        (5) The director of development services shall require the 1394
applicant to provide a third-party cost certification by a 1395
certified public accountant of the actual costs attributed to the 1396
rehabilitation of the historic building when qualified 1397
rehabilitation expenditures exceed two hundred thousand dollars.1398

        If an applicant whose application is approved for receipt of 1399
a rehabilitation tax credit certificate fails to provide to the 1400
director sufficient evidence of reviewable progress, including a 1401
viable financial plan, copies of final construction drawings, and 1402
evidence that the applicant has obtained all historic approvals 1403
within twelve months after the date the applicant received 1404
notification of approval, and if the applicant fails to provide 1405
evidence to the director that the applicant has secured and closed 1406
on financing for the rehabilitation within eighteen months after 1407
receiving notification of approval, the director may rescind the 1408
approval of the application. The director shall notify the 1409
applicant if the approval has been rescinded. Credits that would 1410
have been available to an applicant whose approval was rescinded 1411
shall be available for other qualified applicants. Nothing in this 1412
division prohibits an applicant whose approval has been rescinded 1413
from submitting a new application for a rehabilitation tax credit 1414
certificate.1415

       (6) The director of development services may approve the 1416
application of, and issue a rehabilitation tax credit certificate 1417
to, the owner of a catalytic project, provided the application 1418
otherwise meets the criteria described in divisions (C) and (D) of 1419
this section. The director may not issue more than one 1420
rehabilitation tax credit certificate under division (D)(6) of 1421
this section during each state fiscal biennium. The director shall 1422
consider the following criteria in determining whether to issue a 1423
certificate under division (D)(6) of this section:1424

        (a) Whether the historic building is a catalytic project; 1425

       (b) The effect issuance of the certificate would have on the 1426
availability of credits for other applicants that qualify for a 1427
credit certificate within the credit dollar limit described in 1428
division (D)(2) of this section; 1429

       (c) The number of jobs, if any, the catalytic project will 1430
create; 1431

       (d) The number of individuals, if any, who will reside in the 1432
catalytic project upon its completion. 1433

        (E) Issuance of a certificate represents a finding by the 1434
director of development services of the matters described in 1435
divisions (C)(1), (2), and (3) of this section only; issuance of a 1436
certificate does not represent a verification or certification by 1437
the director of the amount of qualified rehabilitation 1438
expenditures for which a tax credit may be claimed under section 1439
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the 1440
Revised Code. The amount of qualified rehabilitation expenditures 1441
for which a tax credit may be claimed is subject to inspection and 1442
examination by the tax commissioner or employees of the 1443
commissioner under section 5703.19 of the Revised Code and any 1444
other applicable law. Upon the issuance of a certificate, the 1445
director shall certify to the tax commissioner, in the form and 1446
manner requested by the tax commissioner, the name of the 1447
applicant, the amount of qualified rehabilitation expenditures 1448
shown on the certificate, and any other information required by 1449
the rules adopted under this section.1450

       (F)(1) On or before the first day of April each year, the 1451
director of development services and tax commissioner jointly 1452
shall submit to the president of the senate and the speaker of the 1453
house of representatives a report on the tax credit program 1454
established under this section and sections 5725.151, 5725.34, 1455
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The 1456
report shall present an overview of the program and shall include 1457
information on the number of rehabilitation tax credit 1458
certificates issued under this section during the preceding fiscal 1459
year, an update on the status of each historic building for which 1460
an application was approved under this section, the dollar amount 1461
of the tax credits granted under sections 5725.151, 5725.34, 1462
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and 1463
any other information the director and commissioner consider 1464
relevant to the topics addressed in the report.1465

        (2) On or before December 1, 2015, the director of 1466
development services and tax commissioner jointly shall submit to 1467
the president of the senate and the speaker of the house of 1468
representatives a comprehensive report that includes the 1469
information required by division (F)(1) of this section and a 1470
detailed analysis of the effectiveness of issuing tax credits for 1471
rehabilitating historic buildings. The report shall be prepared 1472
with the assistance of an economic research organization jointly 1473
chosen by the director and commissioner.1474

       (G) There is hereby created in the state treasury the 1475
historic rehabilitation tax credit operating fund. The director of 1476
development services is authorized to charge reasonable 1477
application and other fees in connection with the administration 1478
of tax credits authorized by this section and sections 5725.151, 1479
5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76 of the 1480
Revised Code. Any such fees collected shall be credited to the 1481
fund and used to pay reasonable costs incurred by the department 1482
of development services in administering this section and sections 1483
5725.151, 5725.34, 5726.52, 5729.17, 5733.445733.47, and 5747.76 1484
of the Revised Code.1485

       The Ohio historic preservation office is authorized to charge 1486
reasonable fees in connection with its review and approval of 1487
applications under this section. Any such fees collected shall be 1488
credited to the fund and used to pay administrative costs incurred 1489
by the Ohio historic preservation office pursuant to this section.1490

       (H) Notwithstanding sections 5725.151, 5725.34, 5726.52, 1491
5729.17, 5733.47, and 5747.76 of the Revised Code, the certificate 1492
owner of a tax credit certificate issued under division (D)(6) of 1493
this section may claim a tax credit equal to twenty-five per cent 1494
of the dollar amount indicated on the certificate for a total 1495
credit of not more than twenty-five million dollars. The credit 1496
claimed by such a certificate owner for any calendar year, tax 1497
year, or taxable year under section 5725.151, 5725.34, 5726.52, 1498
5729.17, 5733.47, or 5747.76 of the Revised Code shall not exceed 1499
five million dollars. If the certificate owner is eligible for 1500
more than five million dollars in total credits, the certificate 1501
owner may carry forward the balance of the credit in excess of the 1502
amount claimed for that year for not more than five ensuing 1503
calendar years, tax years, or taxable years. If the credit claimed 1504
in any calendar year, tax year, or taxable year exceeds the tax 1505
otherwise due, the excess shall be refunded to the taxpayer.1506

       Sec. 149.38.  (A) Except as otherwise provided in section 1507
307.847 of the Revised Code, there is hereby created in each 1508
county a county records commission, composed of a member of the 1509
board of county commissioners as chairperson, the prosecuting 1510
attorney, the auditor, the recorder, and the clerk of the court of 1511
common pleas. The commission shall appoint a secretary, who may or 1512
may not be a member of the commission and who shall serve at the 1513
pleasure of the commission. The commission may employ an archivist 1514
or records manager to serve under its direction. The commission 1515
shall meet at least once every six months and upon the call of the 1516
chairperson.1517

       (B)(1) The functions of the county records commission shall 1518
be to provide rules for retention and disposal of records of the 1519
county, and to review applications for one-time disposal of 1520
obsolete records and schedules of records retention and 1521
disposition submitted by county offices. The commission may 1522
dispose of records pursuant to the procedure outlined in this 1523
section. The commission, at any time, may review any schedule it 1524
has previously approved and, for good cause shown, may revise that 1525
schedule, subject to division (D) of this section.1526

       (2)(a) As used in division (B)(2) of this section, "paper 1527
case records" means written reports of child abuse or neglect, 1528
written records of investigations, or other written records 1529
required to be prepared under section 2151.421, 5101.13, 5153.166, 1530
or 5153.17 of the Revised Code. 1531

       (b) A county public children services agency may submit to 1532
the county records commission applications for one-time disposal, 1533
or schedules of records retention and disposition, of paper case 1534
records that have been entered into permanently maintained and 1535
retrievable fields in the state automated child welfare 1536
information system established under section 5101.13 of the 1537
Revised Code or entered into other permanently maintained and 1538
retrievable electronic files. The county records commission may 1539
dispose of the paper case records pursuant to the procedure 1540
outlined in this section. 1541

       (C)(1) When the county records commission has approved any 1542
county application for one-time disposal of obsolete records or 1543
any schedule of records retention and disposition, the commission 1544
shall send that application or schedule to the Ohio historical 1545
society for its review. The Ohio historical society shall review 1546
the application or schedule within a period of not more than sixty 1547
days after its receipt of it. During the sixty-day review period, 1548
the Ohio historical society may select for its custody from the 1549
application for one-time disposal of obsolete records any records 1550
it considers to be of continuing historical value, and shall 1551
denote upon any schedule of records retention and disposition any 1552
records for which the Ohio historical society will require a 1553
certificate of records disposal prior to their disposal.1554

       (2) Upon completion of its review, the Ohio historical 1555
society shall forward the application for one-time disposal of 1556
obsolete records or the schedule of records retention and 1557
disposition to the auditor of state for the auditor's approval or 1558
disapproval. The auditor of state shall approve or disapprove the 1559
application or schedule within a period of not more than sixty 1560
days after receipt of it. 1561

       (3) Before public records are to be disposed of pursuant to 1562
an approved schedule of records retention and disposition, the 1563
county records commission shall inform the Ohio historical society 1564
of the disposal through the submission of a certificate of records 1565
disposal for only the records required by the schedule to be 1566
disposed of and shall give the society the opportunity for a 1567
period of fifteen business days to select for its custody those 1568
records, from the certificate submitted, that it considers to be 1569
of continuing historical value. Upon the expiration of the 1570
fifteen-business-day period, the county records commission also 1571
shall notify the public libraries, county historical society, 1572
state universities, and other public or quasi-public institutions, 1573
agencies, or corporations in the county that have provided the 1574
commission with their name and address for these notification 1575
purposes, that the commission has informed the Ohio historical 1576
society of the records disposal and that the notified entities, 1577
upon written agreement with the Ohio historical society pursuant 1578
to section 149.31 of the Revised Code, may select records of 1579
continuing historical value, including records that may be 1580
distributed to any of the notified entities under section 149.31 1581
of the Revised Code. Any notified entity that notifies the county 1582
records commission of its intent to review and select records of 1583
continuing historical value from certificates of records disposal 1584
is responsible for the cost of any notice given and for the 1585
transportation of those records.1586

       (D) The rules of the county records commission shall include 1587
a rule that requires any receipts, checks, vouchers, or other 1588
similar records pertaining to expenditures from the delinquent tax 1589
and assessment collection fund created in section 321.261 of the 1590
Revised Code, from the real estate assessment fund created in 1591
section 325.31 of the Revised Code, or from amounts allocated for 1592
the furtherance of justice to the county sheriff under section 1593
325.071 of the Revised Code or to the prosecuting attorney under 1594
section 325.12 of the Revised Code to be retained for at least 1595
four years.1596

       (E) No person shall knowingly violate the rule adopted under 1597
division (D) of this section. Whoever violates that rule is guilty 1598
of a misdemeanor of the first degree.1599

       Sec. 150.05.  (A) The authority shall select, as program 1600
administrators, not more than two private, for-profit investment 1601
funds to acquire loans for the program fund and to invest money in 1602
the program fund as prescribed in the investment policy 1603
established or modified by the authority in accordance with 1604
sections 150.03 and 150.04 of the Revised Code. The authority 1605
shall give equal consideration, in selecting these program 1606
administrators, to minority owned and controlled investment funds, 1607
to funds owned and controlled by women, to ventures involving 1608
minority owned and controlled funds, and to ventures involving 1609
funds owned and controlled by women that otherwise meet the 1610
policies and criteria established by the authority. To be eligible 1611
for selection, an investment fund must be incorporated or 1612
organized under Chapter 1701., 1705., 1775., 1776., 1782., or 1613
1783. of the Revised Code, must have an established business 1614
presence in this state, and must be capitalized in accordance with 1615
any state and federal laws applicable to the issuance or sale of 1616
securities.1617

       The authority shall select program administrators only after 1618
soliciting and evaluating requests for proposals as prescribed in 1619
this section. The authority shall publish a notice of a request 1620
for proposals in newspapers of general circulation in this state 1621
once each week for two consecutive weeks before a date specified 1622
by the authority as the date on which it will begin accepting 1623
proposals. The notices shall contain a general description of the 1624
subject of the proposed agreement and the location where the 1625
request for proposals may be obtained. The request for proposals 1626
shall include all the following:1627

       (1) Instructions and information to respondents concerning 1628
the submission of proposals, including the name and address of the 1629
office where proposals are to be submitted;1630

       (2) Instructions regarding the manner in which respondents 1631
may communicate with the authority, including the names, titles, 1632
and telephone numbers of the individuals to whom such 1633
communications shall be directed;1634

       (3) Description of the performance criteria that will be used 1635
to evaluate whether a respondent selected by the authority is 1636
satisfying the authority's investment policy;1637

       (4) Description of the factors and criteria to be considered 1638
in evaluating respondents' proposals, the relative importance of 1639
each factor or criterion, and description of the authority's 1640
evaluation procedure;1641

       (5) Description of any documents that may be incorporated by 1642
reference into the request for proposals, provided that the 1643
request specifies where such documents may be obtained and such 1644
documents are readily available to all interested parties.1645

       After the date specified for receiving proposals, the 1646
authority shall evaluate submitted proposals. The authority may 1647
discuss a respondent's proposal with that respondent to clarify or 1648
revise a proposal or the terms of the agreement.1649

       The authority shall choose for review proposals from at least 1650
three respondents the authority considers qualified to operate the 1651
program in the best interests of the investment policy adopted by 1652
the authority. If three or fewer proposals are submitted, the 1653
authority shall review each proposal. The authority may cancel a 1654
request for proposals at any time before entering into an 1655
agreement with a respondent. The authority shall provide 1656
respondents fair and equal opportunity for such discussions. The 1657
authority may terminate discussions with any respondent upon 1658
written notice to the respondent.1659

       (B) After reviewing the chosen proposals, the authority may 1660
select not more than two such respondents and enter into a written 1661
agreement with each of the selected respondents, provided that at 1662
no time shall there be agreements with more than two persons.1663

       The agreement shall do all of the following:1664

       (1) Specify that borrowing and investing by the program 1665
administrator will be budgeted to guarantee that no tax credits 1666
will be granted during the first four years of the Ohio venture 1667
capital program, and will be structured to ensure that payments of 1668
principal, interest, or interest equivalent due in any fiscal 1669
year, when added to such payments due from any other program 1670
administrator, does not exceed twentytwenty-six million five 1671
hundred thousand dollars;1672

       (2) Require investment by the program administrator or the 1673
fund manager employed by the program administrator to be in 1674
compliance with the investment policy established or modified in 1675
accordance with sections 150.03 and 150.04 of the Revised Code 1676
that is in effect at the time the investment is made, and prohibit 1677
the program administrator or fund manager from engaging in any 1678
investment activities other than activities to carry out that 1679
policy;1680

       (3) Require periodic financial reporting by the program 1681
administrator to the authority, which reporting shall include an 1682
annual audit by an independent auditor and such other financial 1683
reporting as is specified in the agreement or otherwise required 1684
by the authority for the purpose of ensuring that the program 1685
administrator is carrying out the investment policy;1686

       (4) Specify any like standards or general limitations in 1687
addition to or in furtherance of investment standards or 1688
limitations that apply pursuant to division (H) of section 150.03 1689
of the Revised Code;1690

       (5) Require the program administrator to apply program fund 1691
revenue first to the payment of principal borrowed by the program 1692
administrator for investment under the program, then to interest 1693
related to that principal, and then to amounts necessary to cover 1694
the program administrator's pro rata share required under division 1695
(B)(9) of this section; and require the program administrator to 1696
pay the authority not less than ninety per cent of the amount by 1697
which program fund revenue attributable to investments under the 1698
program administrator's investment authority exceeds amounts so 1699
applied;1700

       (6) Specify the procedures by which the program administrator 1701
shall certify immediately to the authority the necessity for the 1702
authority to issue tax credit certificates pursuant to contracts 1703
entered into under section 150.07 of the Revised Code;1704

       (7) Specify any general limitations regarding the employment 1705
of a fund manager by the program administrator, in addition to an 1706
express limitation that the fund manager be a person with 1707
demonstrated, substantial, successful experience in the design and 1708
management of seed and venture capital investment programs and in 1709
capital formation. The fund manager may be, but need not be, an 1710
equity owner or affiliate of the program administrator.1711

       (8) Specify the terms and conditions under which the 1712
authority or the program administrator may terminate the 1713
agreement, including in the circumstance that the program 1714
administrator or fund manager violates the investment policy;1715

       (9) Require the program administrator or fund manager 1716
employed by the program administrator to provide capital in the 1717
form of a loan equal to one per cent of the amount of outstanding 1718
loans by lenders to the program fund. The loan from the program 1719
administrator or fund manager shall be on the same terms and 1720
conditions as loans from other lenders, except that the loan from 1721
the program administrator or fund manager shall not be secured by 1722
the Ohio venture capital fund or tax credits available to other 1723
lenders under division (B) of section 150.04 of the Revised Code. 1724
Such capital shall be placed at the same risk as the proceeds from 1725
such loans. The program administrator shall receive a pro rata 1726
share of the net income, including net loss, from the investment 1727
of money from the program fund, but is not entitled to the 1728
security against losses provided under section 150.04 of the 1729
Revised Code.1730

       Sec. 150.07.  (A) For the purpose stated in section 150.01 of 1731
the Revised Code, the authority may authorize a lender to claim 1732
one of the refundable tax credits allowed under section 5707.031, 1733
5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80 of the 1734
Revised Code. The credits shall be authorized by a written 1735
contract with the lender. The contract shall specify the terms 1736
under which the lender may claim the credit, including the amount 1737
of loss, if any, the lender must incur before the lender may claim 1738
the credit; specify that the credit shall not exceed the amount of 1739
the loss; and specify that the lender may claim the credit only 1740
for a loss certified by a program administrator to the authority 1741
under the procedures prescribed under division (B)(6) of section 1742
150.05 of the Revised Code. The program administrator shall 1743
provide to the authority an estimate of the amount of tax credits, 1744
if any, that are likely, in the administrator's reasonable 1745
judgment, to be claimed by a lender during the current and next 1746
succeeding state fiscal years. The estimate shall be provided at 1747
the same time each year that the administrator is required to 1748
report the annual audit to the authority under section 150.05 of 1749
the Revised Code.1750

       (B) Tax credits may be authorized at any time after the 1751
authority establishes the investment policy under section 150.03 1752
of the Revised Code, but a tax credit so authorized may not be 1753
claimed before July 1, 2007, or after June 30, 2026, except, with 1754
respect to loans made from the proceeds of obligations issued 1755
under section 4582.71 of the Revised Code, a tax credit may not be 1756
claimed before July 1, 2012, or after June 30, 2036.1757

       (C)(1) Upon receiving certification of a lender's loss from a 1758
program administrator pursuant to the procedures in the investment 1759
policy, the authority shall issue a tax credit certificate to the 1760
lender, except as otherwise provided in division (D) of this 1761
section. 1762

       (2) If the lender is a pass-through entity, as defined in 1763
section 5733.04 of the Revised Code, then each equity investor in 1764
the lender pass-through entity shall be entitled to claim one of 1765
the tax credits allowed under division (A) of this section for 1766
that equity investor's taxable year in which or with which ends 1767
the taxable year of the lender pass-through entity in an amount 1768
based on the equity investor's distributive or proportionate share 1769
of the credit amount set forth in the certificate issued by the 1770
authority. If all equity investors of the lender pass-through 1771
entity are not eligible to claim a credit against the same tax set 1772
forth in division (A) of this section, then each equity investor 1773
may elect to claim a credit against the tax to which the equity 1774
investor is subject to in an amount based on the equity investor's 1775
distributive or proportionate share of the credit amount set forth 1776
in the certificate issued by the authority.1777

       (3) The certificate shall state the amount of the credit and 1778
the calendar year under section 5707.031, 5725.19, 5727.241, or 1779
5729.08, the tax year under section 5726.53 or 5733.49, or the 1780
taxable year under section 5747.80 of the Revised Code for which 1781
the credit may be claimed. The authority, in conjunction with the 1782
tax commissioner, shall develop a system for issuing tax credit 1783
certificates for the purpose of verifying that any credit claimed 1784
is a credit issued under this section and is properly taken in the 1785
year specified in the certificate and in compliance with division 1786
(B) of this section.1787

       (D) The authority shall not, in any fiscal year, issue tax 1788
credit certificates under this section in a total amount exceeding 1789
twentytwenty-six million five hundred thousand dollars. The 1790
authority shall not issue tax credit certificates under this 1791
section in a total amount exceeding three hundred eighty million 1792
dollars.1793

       (E) Notwithstanding any other section of this chapter or any 1794
provision of Chapter 5707., 5725., 5726., 5727., 5729., 5733., or 1795
5747. of the Revised Code, if provided by the terms of an 1796
agreement entered into by the issuer and the authority under 1797
division (E) of section 150.02 of the Revised Code, and subject to 1798
the limitations of divisions (B) and (D) of this section, a 1799
trustee shall have the right, for the benefit of the issuer, to 1800
receive and claim the credits authorized under division (A) of 1801
this section solely for the purpose provided for in section 150.04 1802
of the Revised Code, and the trustee shall be entitled to file a 1803
tax return, an amended tax return, or an estimated tax return at 1804
such times as are permitted or required under the applicable 1805
provisions of Chapter 5707., 5725., 5726., 5727., 5729., 5733., or 1806
5747. of the Revised Code for the purpose of claiming credits 1807
issued to the trustee. The trustee shall receive the proceeds of 1808
such a tax credit for the benefit of the issuer, and shall apply 1809
the proceeds solely to satisfy a loss or restore a reserve as 1810
provided in section 150.04 of the Revised Code. Nothing in this 1811
section shall require a trustee to file a tax return under any 1812
chapter for any purpose other than claiming such credits if the 1813
trustee is not otherwise required to make such a filing.1814

       The general assembly may from time to time modify or repeal 1815
any of the taxes against which the credits authorized under 1816
division (A) of this section may be claimed, and may authorize 1817
those credits to be claimed for the purposes provided for in 1818
section 150.04 of the Revised Code with respect to any other tax 1819
imposed by this state; provided, that if any obligations issued 1820
under section 4582.71 of the Revised Code are then outstanding and 1821
such modification or repeal would have the effect of impairing any 1822
covenant made in or pursuant to an agreement under division (E) of 1823
section 150.02 of the Revised Code regarding the maintenance or 1824
restoration of reserves established and maintained with a trustee 1825
consistent with division (B)(2) of section 150.04 of the Revised 1826
Code and such agreement, the state shall provide other security to 1827
the extent necessary to avoid or offset the impairment of such 1828
covenant.1829

       Sec. 153.56. (A) Any person to whom any money is due for 1830
labor or work performed or materials furnished in a public 1831
improvement as provided in section 153.54 of the Revised Code, at 1832
any time after performing the labor or work or furnishing the 1833
materials, but not later than ninety days after the completion of 1834
the contract by the principal contractor or design-build firm and 1835
the acceptance of the public improvement for which the bond was 1836
provided by the duly authorized board or officer, shall furnish 1837
the sureties on the bond, a statement of the amount due to the 1838
person.1839

       (B) A suit shall not be brought against sureties on the bond 1840
until after sixty days after the furnishing of the statement 1841
described in division (A) of this section. If the indebtedness is 1842
not paid in full at the expiration of that sixty days, and if the 1843
person complies with division (C) of this section, the person may 1844
bring an action in the person's own name upon the bond, as 1845
provided in sections 2307.06 and 2307.07 of the Revised Code, that 1846
action to be commenced, notwithstanding section 2305.12 of the 1847
Revised Code, not later than one year from the date of acceptance 1848
of the public improvement for which the bond was provided.1849

       (C) To exercise rights under this section, a subcontractor or 1850
materials supplier supplying labor or materials that cost more 1851
than thirty thousand dollars, who is not in direct privity of 1852
contract with the principal contractor or design-build firm for 1853
the public improvement, shall serve a notice of furnishing upon 1854
the principal contractor or design-build firm in the form provided 1855
in section 1311.261 of the Revised Code.1856

       (D) A subcontractor or materials supplier who serves a notice 1857
of furnishing under division (C) of this section as required to 1858
exercise rights under this section has the right of recovery only 1859
as to amounts owed for labor and work performed and materials 1860
furnished during and after the twenty-one days immediately 1861
preceding service of the notice of furnishing.1862

       (E) For purposes of this section:1863

       (1) "Design-build firm" has the same meaning as in section 1864
153.65 of the Revised Code.1865

       (2) "Principal contractor" has the same meaning as in section 1866
1311.25 of the Revised Code, and may include a "construction 1867
manager" and a "construction manager at risk" as defined in 1868
section 9.33 of the Revised Code.1869

       Sec. 163.15. (A) As soon as the agency pays to the party 1870
entitled thereto or deposits with the court the amount of the 1871
award and the costs assessed against the agency, it may take 1872
possession; provided, that this shall not be construed to limit 1873
the right of a public agency to enter and take possession, as 1874
provided in section 163.06 of the Revised Code. When the agency is 1875
entitled to possession the court shall enter an order to such 1876
effect upon the record and, if necessary, process shall be issued 1877
to place the agency in possession. Whenever a final journal entry 1878
in an appropriation proceeding, granting to this state a fee title 1879
or any lesser estate or interest in real property is filed and 1880
journalized by the clerk of courts, the clerk of courts shall 1881
forthwith transmit to the county auditor a certified copy of said 1882
final journal entry who shall transfer the property on the 1883
auditor's books and transmit said entry with proper endorsement to 1884
the county recorder for recording. The costs of filing such final 1885
journal entry with the county auditor and the county recorder 1886
shall be taxed as costs in the appropriation proceedings the same 1887
as other costs are taxed under section 163.16 of the Revised Code.1888

        (B)(1) Whenever the appropriation of real property requires 1889
the owner, a commercial tenant, or a residential tenant identified 1890
by the owner in a notice filed with the court to move or relocate, 1891
the agency shall make a payment to that person, upon proper 1892
application as approved by the agency, for all of the following:1893

       (a) Actual reasonable expenses in moving the person and the 1894
person's family, business, farm operation, or other personal 1895
property;1896

       (b) Actual direct losses of tangible personal property as a 1897
result of moving or discontinuing a business or farm operation, 1898
but not to exceed an amount equal to the reasonable expenses that 1899
would have been required to relocate such property, as determined 1900
by the agency;1901

       (c) Actual reasonable expenses in searching for a replacement 1902
business or farm, but not to exceed two thousand five hundred 1903
dollars;1904

       (d) Actual and reasonable expenses necessary to reestablish a 1905
farm, nonprofit organization, or small business at its new site, 1906
but not to exceed tentwenty-five thousand dollars.1907

       (2) If the agency does not approve a payment for which the 1908
owner applied under division (B)(1) of this section, the trier of 1909
fact, upon presentation of proof, shall determine whether to award 1910
a payment for the expenses described in division (B)(1) of this 1911
section and the amount of any award. The owner shall have the 1912
burden of proof with respect to those expenses.1913

       (3)(a) In addition to any payments an owner of a business may 1914
receive under division (B)(1) of this section, an owner of a 1915
business who is required by an appropriation of real property to 1916
relocate the business may recover damages for the owner's actual 1917
economic loss resulting from the appropriation, as proven by the 1918
owner by a preponderance of the evidence. Compensation for actual 1919
economic loss under this division shall not include any attorney's 1920
fees and shall not duplicate any amount awarded as compensation 1921
under this chapter.1922

       (b) The amount of compensation awarded under division 1923
(B)(3)(a) of this section shall not exceed twelve months net 1924
profit of the business on an annualized basis. Except as otherwise 1925
provided in division (B)(3)(c) of this section, if the agency is 1926
appropriating property in time of war or other public exigency 1927
imperatively requiring its immediate seizure, for the purpose of 1928
making or repairing roads that shall be open to the public without 1929
charge, for the purpose of implementing rail service under Chapter 1930
4981. of the Revised Code, or under section 307.08, 504.19, 1931
6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the 1932
result of a public exigency, or the agency is a municipal 1933
corporation that is appropriating property as a result of a public 1934
exigency, the period for which the net profit of the business is 1935
calculated shall be twelve months minus the time period from the 1936
date the agency gives the notice required by section 163.04 of the 1937
Revised Code to the date the agency deposits the value of the 1938
property with the court pursuant to section 163.06 of the Revised 1939
Code or pays that amount to the owner, but in no event shall the 1940
compensation time period be less than fifteen days. If the period 1941
on which the loss is calculated is reduced to fifteen days and the 1942
relocation is unusually complex, the owner may request the agency 1943
to increase that period by up to fifteen additional days. If the 1944
agency fails to pay the compensation as provided under division 1945
(B)(3)(a) of this section or denies the request, the owner may 1946
seek an award of such compensation pursuant to this section.1947

       (c) In case of an act of God or other public exigency that 1948
requires an immediate taking of property to protect public health 1949
or safety or in case of a voluntary conveyance, the amount of 1950
compensation awarded under division (B)(3)(a) of this section 1951
shall not exceed fifteen days net profit of the business on an 1952
annualized basis. The owner may request the agency to increase 1953
that period by up to fifteen additional days. If the agency fails 1954
to pay the compensation as provided under division (B)(3)(a) of 1955
this section or denies the request, the owner may seek an award of 1956
such compensation pursuant to this section.1957

       Sec. 163.53.  (A) Whenever the acquisition of real property 1958
for a program or project undertaken by a displacing agency will 1959
result in the displacement of any person, the head of the agency 1960
shall make a payment to any displaced person, upon proper 1961
application as approved by such agency head, for all of the 1962
following:1963

       (1) Actual reasonable expenses in moving the person, the 1964
person's family, business, farm operation, or other personal 1965
property;1966

       (2) Actual direct losses of tangible personal property as a 1967
result of moving or discontinuing a business or farm operation, 1968
but not to exceed an amount equal to the reasonable expenses that 1969
would have been required to relocate such property, as determined 1970
by the head of the displacing agency;1971

       (3) Actual reasonable expenses in searching for a replacement 1972
business or farm, but not to exceed two thousand five hundred 1973
dollars;1974

       (4) Actual and reasonable expenses necessary to reestablish a 1975
displaced farm, nonprofit organization, or small business at its 1976
new site, but not to exceed tentwenty-five thousand dollars.1977

       (B) Any displaced person eligible for payments under division 1978
(A) of this section who is displaced from a dwelling and who 1979
elects to accept the payments authorized by this division in lieu 1980
of the payments authorized by division (A) of this section may 1981
receive an expense and dislocation allowance, determined according 1982
to a schedule established by the head of the displacing agency.1983

       (C) Any displaced person eligible for payments under division 1984
(A) of this section who is displaced from the person's place of 1985
business or from the person's farm operation may qualify for the 1986
payment authorized by this division in lieu of the payment 1987
authorized by division (A) of this section. The payment authorized 1988
by this division shall consist of a fixed payment in an amount to 1989
be determined according to criteria established by the head of the 1990
lead agency, except that such payment shall be not less than one 1991
thousand dollars nor more than twentyforty thousand dollars. A 1992
person whose sole business at the displacement dwelling is the 1993
rental of such property to others does not qualify for a payment 1994
under this division.1995

       (D)(1) Except as provided in section 5501.51 of the Revised 1996
Code, if a program or project undertaken by a displacing agency 1997
results in the relocation of a utility facility, and the purpose 1998
of the program or project was not to relocate or reconstruct any 1999
utility facility; and if the owner of the utility facility which 2000
is being relocated under such program or project has entered into 2001
a franchise or similar agreement with the state or local 2002
government on whose property, easement, or right-of-way such 2003
facility is located with respect to the use of such property, 2004
easement, or right-of-way; and if the relocation of such facility 2005
results in such owner incurring an extraordinary cost in 2006
connection with such relocation; then the displacing agency may, 2007
in accordance with such rules as the head of the lead agency may 2008
adopt, provide to such owner a relocation payment which may not 2009
exceed the amount of such extraordinary cost, less any increase in 2010
the value of the new utility facility above the value of the old 2011
utility facility, and less any salvage value derived from the old 2012
utility facility.2013

       (2) As used in division (D) of this section:2014

       (a) "Extraordinary cost in connection with a relocation" 2015
means any cost incurred by the owner of a utility facility in 2016
connection with relocation of such facility that is determined by 2017
the head of the displacing agency, under such rules as the head of 2018
the lead agency shall adopt, to be a nonroutine relocation 2019
expense, to be a cost that owner ordinarily does not include in 2020
its annual budget as an expense of operation, and to meet such 2021
other requirements as the lead agency may prescribe in such rules.2022

       (b) "Utility facility" means any electric, gas, water, steam 2023
power, or materials transmission or distribution system; any 2024
transportation system; any communications system, including cable 2025
television; and any fixture, equipment, or other property 2026
associated with the operation, maintenance, or repair of any such 2027
system; which is located on property owned by a state or local 2028
government or over which a state or local government has an 2029
easement or right-of-way. A utility facility may be publicly, 2030
privately, or cooperatively owned.2031

       Sec. 163.54.  (A) In addition to payments otherwise 2032
authorized by sections 163.51 to 163.62 of the Revised Code, the 2033
head of the displacing agency shall make an additional payment not 2034
to exceed twenty-twothirty-one thousand five hundred dollars to 2035
any displaced person who is displaced from a dwelling actually 2036
owned and occupied by himthe displaced person for not less than 2037
one hundred eightyninety days prior to the initiation of 2038
negotiations for the acquisition of the property. Such additional 2039
payment shall include the following elements:2040

       (1) The amount, if any, which when added to the acquisition 2041
cost of the dwelling acquired by the displacing agency, equals the 2042
reasonable cost of a comparable replacement dwelling.2043

       (2) The amount, if any, which will compensate the displaced 2044
person for any increased interest costs and other debt service 2045
costs which the person is required to pay for financing the 2046
acquisition of a comparable replacement dwelling. This amount 2047
shall be paid only if the dwelling acquired by the displacing 2048
agency was encumbered by a bona fide mortgage which was a valid 2049
lien on the dwelling for not less than one hundred eightyninety2050
days prior to the initiation of negotiations for the acquisition 2051
of the dwelling.2052

       (3) Reasonable expenses incurred by the displaced person for 2053
evidence of title, recording fees, and other closing costs 2054
incident to the purchase of the replacement dwelling, but not 2055
including prepaid expenses.2056

       (4) A rental assistance payment for a displaced person who is 2057
eligible for a replacement housing payment under this section but 2058
who elects to rent a replacement dwelling. The amount of the 2059
rental assistance payment shall be based on a determination of 2060
market rent for the acquired dwelling compared to a comparable 2061
rental dwelling available on the market in the general area of the 2062
acquired dwelling. The difference, if any, shall be computed in 2063
accordance with division (A) of section 163.55 of the Revised 2064
Code, except the limit of seven thousand two hundred dollars shall 2065
not apply. Under no circumstances shall the rental assistance 2066
payment exceed the amount that the displaced person could have 2067
received under division (A)(1) of this section. A displaced person 2068
who is eligible to receive a replacement housing payment under 2069
this section is not eligible for a down payment assistance payment 2070
described in division (B) of section 163.55 of the Revised Code.2071

       (B) The additional payment authorized by this section shall 2072
be made only to a displaced person who purchases and occupies a 2073
replacement dwelling which is decent, safe, and sanitary not later 2074
than the end of the one-year period beginning on the date on which 2075
hethe displaced person receives from the displacing agency final 2076
payment of all costs of the acquired dwelling, or on the date on 2077
which the displacing agency's obligation under division (B)(3) of 2078
section 163.56 of the Revised Code is met, whichever is later, 2079
except that the displacing agency may extend the period for good 2080
cause. If the period is extended, the payment under this section 2081
shall be based on the costs of relocating the person to a 2082
comparable replacement dwelling within one year after the 2083
displaced person receives from the displacing agency final payment 2084
of all costs of the acquired dwelling.2085

       Sec. 163.55.  (A) In addition to amounts otherwise authorized 2086
by sections 163.51 to 163.62 of the Revised Code, the head of a 2087
displacing agency shall make a payment to or for any displaced 2088
person displaced from any dwelling not eligible to receive a 2089
payment under section 163.54 of the Revised Code which dwelling 2090
was actually and lawfully occupied by such displaced person for 2091
not less than ninety days prior to the initiation of negotiations 2092
for acquisition of such dwelling, or in any case in which 2093
displacement is not a direct result of acquisition, not less than 2094
ninety days prior to such other event as the head of the lead 2095
agency shall prescribe. The payment shall consist of the amount 2096
necessary to enable the displaced person to lease or rent for a 2097
period not to exceed forty-two months, a comparable replacement 2098
dwelling, but not to exceed fiveseven thousand two hundred fifty2099
dollars. At the discretion of the head of the displacing agency, a 2100
payment under this division may be made in periodic installments. 2101
Computation of a payment under this division to a low-income 2102
displaced person shall take into account the person's income.2103

       (B) Any person eligible for a payment under division (A) of 2104
this section may elect to apply the payment to a down payment on, 2105
and other incidental expenses pursuant to, the purchase of a 2106
decent, safe, and sanitary replacement dwelling. The person may, 2107
under criteria established by the head of the displacing agency, 2108
be eligible under this division for the maximum payment allowed 2109
under division (A) of this section, except that, in the case of a 2110
displaced home owner who has owned and occupied the displacement 2111
dwelling for at least ninety days but not more than one hundred 2112
eighty days immediately prior to the initiation of negotiations 2113
for the acquisition of such dwelling, the payment shall not exceed 2114
the payment the person would otherwise have received under section 2115
163.54 of the Revised Code had the person owned and occupied the 2116
displacement dwelling one hundred eighty days immediately prior to 2117
the initiation of the negotiations.2118

       Sec. 164.26. (A) The director of the Ohio public works 2119
commission shall establish policies related to the need for 2120
long-term ownership, or long-term control through a lease or the 2121
purchase of an easement, of real property that is the subject of 2122
an application for a grant under sections 164.20 to 164.27 of the 2123
Revised Code and establish requirements for documentation to be 2124
submitted by grant applicants that is necessary for the proper 2125
administration of this division. The policies shall provide for 2126
proper penalties, includingliquidated damages and grant 2127
repayment, for entities that fail to comply with the long-term 2128
ownership or control requirements established under this division.2129

       The director also shall adopt policies delineating what 2130
constitutes administrative costs for purposes of division (F) of 2131
section 164.27 of the Revised Code.2132

       (B) The Ohio public works commission shall administer 2133
sections 164.20 to 164.27 of the Revised Code and shall exercise 2134
any authority and use any procedures granted or established under 2135
sections 164.02 and 164.05 of the Revised Code that are necessary 2136
for that purpose.2137

       Sec. 164.261.  All of the following apply to any repayment of 2138
a grant awarded under sections 164.20 to 164.27 of the Revised 2139
Code:2140

       (A) The Ohio public works commission shall deposit the grant 2141
repayment into the clean Ohio conservation fund created in section 2142
164.27 of the Revised Code.2143

       (B) The commission shall return the grant repayment to the 2144
natural resource assistance council that approved the grant 2145
application.2146

       (C) The grant repayment shall be used for the same purpose as 2147
the grant was originally approved for, as provided in section 2148
164.22 of the Revised Code.2149

       Sec. 175.04. (A) The governor shall appoint a chairperson 2150
from among the members. The agency members shall elect a member as 2151
vice-chairperson. The agency members may appoint other officers, 2152
who need not be members of the agency, as the agency deems 2153
necessary.2154

       (B) Six members of the agency constitute a quorum and the 2155
affirmative vote of six members is necessary for any action the 2156
agency takes. No vacancy in agency membership impairs the right of 2157
a quorum to exercise all of the agency's rights and perform all 2158
the agency's duties. Agency meetings may be held at any place 2159
within the state. Meetings shall comply with section 121.22 of the 2160
Revised Code.2161

       (C) The agency shall maintain accounting records in 2162
accordance with generally accepted accounting principals and other 2163
required accounting standards.2164

       (D) The agency shall develop policies and guidelines for the 2165
administration of its programs and annually shall conduct at least 2166
one public hearing to obtain input from any interested party 2167
regarding the administration of its programs. The hearing shall be 2168
held at a time and place as the agency determines and when a 2169
quorum of the agency is present.2170

       (E) The agency shall appoint committees and subcommittees 2171
comprised of members of the agency to handle matters it deems 2172
appropriate.2173

       (1) The agency shall adopt an annual plan to address this 2174
state's housing needs. The agency shall appoint an annual plan 2175
committee to develop the plan and present it to the agency for 2176
consideration.2177

        (2) The annual plan committee shall select an advisory board 2178
from a list of interested individuals the executive director 2179
provides or on its own recommendation. The advisory board shall 2180
provide input on the plan at committee meetings prior to the 2181
annual public hearing. At the public hearing, the committee shall 2182
discuss advisory board comments. The advisory board may include, 2183
but is not limited to, persons who represent state agencies, local 2184
governments, public corporations, nonprofit organizations, 2185
community development corporations, housing advocacy organizations 2186
for low- and moderate-income persons, realtors, syndicators, 2187
investors, lending institutions as recommended by a statewide 2188
banking organization, and other entities participating in the 2189
agency's programs.2190

       Each agency program that allows for loans to be made to 2191
finance housing for owner occupancy that benefits other than low- 2192
and moderate-income households, or for loans to be made to 2193
individuals under bonds issued pursuant to division (B) of section 2194
175.08 of the Revised Code, shall be presented to the advisory 2195
board and included in the annual plan as approved by the agency 2196
before the program's implementation.2197

       (F) The agency shall prepare an annual financial report 2198
describing its activities during the reporting year and submit 2199
that report in accordance with division (H) of this section and to 2200
the governor, the speaker of the house of representatives, and the 2201
president of the senate within three months after the end of the 2202
reporting year. The report shall include the agency's audited 2203
financial statements, prepared in accordance with generally 2204
accepted accounting principles and appropriate accounting 2205
standards.2206

       (G) The agency shall prepare an annual report of its programs 2207
describing how the programs have met this state's housing needs. 2208
The agency shall submit the report in accordance with division (H) 2209
of this section and to the governor, the speaker of the house of 2210
representatives, and the president of the senate within three 2211
months after the end of the reporting year.2212

       (H)(1) The agency shall submit, within a time frame agreed to 2213
by the agency and the chairs, the annual financial report 2214
described in division (F) of this section and the annual report of 2215
programs described in division (G) of this section to the chairs 2216
of the committees dealing with housing issues in the house of 2217
representatives and the senate.2218

       (2) Within forty-five days of issuance of the annual 2219
financial report, the agency shall cause the agency's executive 2220
director to appear in person before the committees described in 2221
division (H)(1) of this section to testify in regard to the 2222
financial report and the report of programs. The testimony shall 2223
include each of the following:2224

        (a) An overview of the annual plan adopted pursuant to 2225
division (E)(1) of this section;2226

        (b) An evaluation of whether the objectives in the annual 2227
plan were met through a comparison of the annual plan with the 2228
annual financial report and report of programs;2229

       (c) A complete listing of all business and contractual 2230
relationships between the agency and other entities and 2231
organizations that participated in agency programs during the 2232
fiscal year reported by the agency's annual financial report and 2233
report of programs;2234

       (d) A complete listing of all equity investors, both direct 2235
and indirect, and equity syndicators that participated in agency 2236
programs during the fiscal year reported by the agency's annual 2237
financial report and report of programs.2238

       Sec. 175.05. (A) The Ohio housing finance agency shall do all 2239
of the following related to the agency's operation:2240

       (1) Adopt bylaws for the conduct of its business;2241

       (2) Employ and fix the compensation of anthe executive 2242
director who serves at the pleasure of the agency to administer 2243
the agency's programs and activities. The executive director may 2244
employ and fix the compensation of employees in the unclassified 2245
civil service as necessary to carry out this chapter and may 2246
employ other personnel who are governed by collective bargaining 2247
law and classified under that law. The executive director shall 2248
file financial disclosure statementscarry out all duties as 2249
described in section 102.02175.053 of the Revised Code.2250

       (3) Establish an operating budget for the agency and 2251
administer funds appropriated for the agency's use;2252

       (4) Notwithstanding any other provision of the Revised Code, 2253
hold all moneys, funds, properties, and assets the agency acquires 2254
or that are directly or indirectly within the agency's control, 2255
including proceeds from the sale of bonds, revenues, and 2256
otherwise, in trust for the purpose of exercising its powers and 2257
carrying out its duties pursuant to this chapter. Notwithstanding 2258
any other provision of the Revised Code other than section 175.051 2259
of the Revised Code, at no time shall the agency's moneys, funds, 2260
properties, or assets be considered public moneys, public funds, 2261
public properties, or public assets or subject to Chapters 131. 2262
and 135. of the Revised Code.2263

       (5) Maintain a principal office and other offices within the 2264
state.2265

       (B) The Ohio housing finance agency may do any of the 2266
following related to the agency's operation:2267

       (1) Except as otherwise provided in section 174.04 of the 2268
Revised Code, determine income limits for low- and moderate-income 2269
persons and establish periodic reviews of income limits. In 2270
determining income limits, the agency shall take into 2271
consideration the amount of income available for housing, family 2272
size, the cost and condition of available housing, ability to pay 2273
the amounts the private market charges for decent, safe, and 2274
sanitary housing without federal subsidy or state assistance, and 2275
the income eligibility standards of federal programs. Income 2276
limits may vary from area to area within the state.2277

       (2) Provide technical information, advice, and assistance 2278
related to obtaining federal and state aid to assist in the 2279
planning, construction, rehabilitation, refinancing, and operation 2280
of housing;2281

       (3) Provide information, assistance, or instruction 2282
concerning agency programs, eligibility requirements, application 2283
procedures, and other related matters;2284

       (4) Procure or require the procurement of insurance and pay 2285
the premium against loss in connection with the agency's 2286
operations, to include the repayment of a loan, in amounts and 2287
from insurers, including the federal government, as the agency 2288
determines;2289

       (5) Contract with, retain, or designate financial 2290
consultants, accountants, and other consultants and independent 2291
contractors, other than attorneys, whom the agency determines are 2292
necessary or appropriate;2293

       (6) Charge, alter, and collect interest and other charges for 2294
program services including, but not limited to, the allocation of 2295
loan funds, the purchase of mortgage loans, and the provision of 2296
services that include processing, inspecting, and monitoring of 2297
housing units financed and the financial records for those units;2298

       (7) Conduct or authorize studies and analyses of housing 2299
needs and conditions to the extent that those activities are not 2300
carried out by other agencies in a manner that is satisfactory for 2301
the agency's needs;2302

       (8)(a) Acquire by gift, purchase, foreclosure, investment, or 2303
other means, and hold, assign, pledge, lease, transfer, or 2304
otherwise dispose of real and personal property or any interest in 2305
that property in the exercise of its powers and the performance of 2306
its duties;2307

       (b) Any instrument by which real property is acquired 2308
pursuant to this section shall identify the state agency that has 2309
the use and benefit of the real property as specified in section 2310
5301.012 of the Revised Code.2311

       (9)(a) Borrow money, receive gifts, grants, loans, or other 2312
assistance from any federal, state, local, or other government 2313
source, including the housing development fund and the housing 2314
trust fund, and enter into contracts in connection with those 2315
sources of assistance;2316

       (b) Receive assistance or contributions from any 2317
nongovernment source to include money, property, labor, or things 2318
of value, to be held, used, and applied only for the purposes for 2319
which the grants and contributions are made and within the 2320
purposes of this chapter.2321

       (10) Sue and be sued in its own name with respect to its 2322
contracts, obligations, and covenants, or the enforcement of this 2323
chapter. Any actions against the agency shall be brought in a 2324
court of competent jurisdiction located in Franklin county, Ohio.2325

       (11) Enter into any contract, commitment, or agreement and 2326
execute any instrument necessary or incidental to the performance 2327
of duties and the execution of powers;2328

       (12) Adopt an official seal;2329

       (13)(a) Contract with any private or government entity to 2330
administer programs for which the agency receives sufficient 2331
revenues for its services or the agency supports with uncommitted 2332
agency resources that pay the agency's operating costs;2333

       (b) Administer state and federal programs for which the 2334
governor designates the agency to act as administrator. The agency 2335
may charge administrative fees to the state, the federal 2336
government, or a program recipient.2337

       (14) Notwithstanding any other provision of the Revised Code, 2338
establish, maintain, administer, and close funds and accounts as 2339
convenient or appropriate to the agency's operations;2340

       (15) Establish a policy to permit the investment of agency 2341
funds in securities and obligations;2342

       (16) Establish rules and procedures that the agency 2343
determines are appropriate to appeal the agency's actions and 2344
decisions;2345

       (17) Serve housing needs in instances that the agency 2346
determines necessary as a public purpose;2347

       (18) Provide coverage for its employees under Chapters 145., 2348
4123., and 4141. of the Revised Code;2349

       (19) Adopt rules pursuant to Chapter 119. of the Revised 2350
Code;2351

       (20) Do anything necessary or appropriate to exercise the 2352
powers of this chapter and carry out the purposes of this chapter 2353
and Section 14, Article VIII and Section 16, Article VIII, Ohio 2354
Constitution.2355

       (C) The attorney general shall serve as the legal 2356
representative for the Ohio housing finance agency and may appoint 2357
special counsel for that purpose in accordance with section 109.07 2358
of the Revised Code.2359

       Sec. 175.053. The executive director employed by the agency 2360
pursuant to division (A)(2) of section 175.05 of the Revised Code 2361
shall do all of the following:2362

       (A) File financial disclosure statements as described in 2363
section 102.02 of the Revised Code;2364

       (B) Develop a consolidated policies and procedures manual for 2365
the operation and administration of the agency's programs and 2366
activities that includes standard operating procedures describing 2367
what the agency and its offices do and the roles and 2368
responsibilities of its employees;2369

       (C) Review all public documents produced by the agency to 2370
ensure that consistent names are used throughout to identify the 2371
agency's programs;2372

       (D) Develop policies and procedures to ensure that time 2373
periods for project deadlines and progress are identified and 2374
consistently used;2375

       (E) Do both of the following:2376

       (1) Establish policies and procedures to ensure that all 2377
personnel salary costs claimed for agency programs that use 2378
federal funds are in accordance with the requirements of Part 225 2379
of Title 2 of the Code of Federal Regulations;2380

       (2) Review the documentation supporting the personnel salary 2381
and wage costs claimed for each agency program that uses federal 2382
funds and require each individual working on the programs to 2383
prepare the required certifications for the applicable pay periods 2384
in accordance with federal law.2385

       (F) Develop policies to ensure all of the following:2386

       (1) The annual plan described in division (E)(1) of section 2387
175.04 of the Revised Code is prepared in accordance with that 2388
section.2389

       (2) The annual financial report described in division (F) of 2390
section 175.04 of the Revised Code and the annual report of 2391
programs described in division (G) of that section are 2392
appropriately linked to the agency's approved plans for the 2393
reporting year.2394

       (3) The annual public hearing described in division (D) of 2395
section 175.04 of the Revised Code is conducted.2396

       (G) Do all of the following:2397

       (1) Include in the agency's financial management systems the 2398
budgets for individual programs;2399

       (2) Require recording of expenses by program in a timely 2400
manner;2401

       (3) Develop and implement policies and procedures to ensure 2402
that program managers have access to the budget and expense 2403
information by program during the year that the managers make 2404
decisions concerning their individual programs.2405

       Sec. 175.06. (A) The Ohio housing finance agency shall do all 2406
of the following related to carrying out its programs:2407

       (1) Upon the governor's designation, serve as the housing 2408
credit agency for the state and perform all responsibilities of a 2409
housing credit agency pursuant to Section 42 of the Internal 2410
Revenue Code and similar applicable laws;2411

       (2) Require that housing that benefits from the agency's 2412
assistance be available without discrimination in accordance with 2413
Chapter 4112. of the Revised Code and applicable provisions of 2414
federal law;2415

       (3) Demonstrate measurable and objective transparency;2416

       (4) Efficiently award funding to maximize affordable housing 2417
production using cost-effective strategies;2418

       (5) Encourage national equity investment in low-income 2419
housing tax credit projects;2420

       (6) Utilize resources to provide more competitive 2421
single-family loan rates at below-market levels to serve 2422
low-income citizens.2423

       (B) The Ohio housing finance agency may do any of the 2424
following related to carrying out its programs:2425

       (1) Issue bonds, provide security for assets, make deposits, 2426
purchase or make loans, provide economic incentives for the 2427
development of housing, and provide financial assistance for 2428
emergency housing;2429

       (2) Serve as a public housing agency and contract with the 2430
United States department of housing and urban development to 2431
administer the department's rent subsidy program, housing subsidy 2432
program, and monitoring programs for low- and moderate-income 2433
persons. The agency shall ensure that any contract into which it 2434
enters provides for sufficient compensation to the agency for its 2435
services.2436

       (3) Develop and administer programs under which the agency 2437
uses moneys from the housing trust fund as allocated by the 2438
department of development to extend financial assistance pursuant 2439
to sections 174.01 to 174.07 of the Revised Code;2440

       (4) Make financial assistance available;2441

       (5) Guarantee and commit to guarantee the repayment of 2442
financing that a lending institution extends for housing, 2443
guaranteeing that debt with any of the agency's reserve funds not 2444
raised by taxation and not otherwise obligated for debt service, 2445
including the housing development fund established pursuant to 2446
section 175.11 of the Revised Code and any fund created under 2447
division (B)(14) of section 175.05 of the Revised Code;2448

       (6) Make, commit to make, and participate in making financial 2449
assistance, including federally insured mortgage loans, available 2450
to finance the construction and rehabilitation of housing or to 2451
refinance existing housing;2452

       (7) Invest in, purchase, and take from lenders the assignment 2453
of notes or other evidence of debt including federally insured 2454
mortgage loans, or participate with lenders in notes and loans for 2455
homeownership, development, or refinancing of housing;2456

       (8) Sell at public or private sale any mortgage or mortgage 2457
backed securities the agency holds;2458

       (9) Issue bonds to carry out the agency's purposes as set 2459
forth in this chapter;2460

       (10) Extend or otherwise make available housing assistance on 2461
terms the agency determines.2462

       (C) The Ohio housing finance agency may issue bonds and 2463
extend financial assistance from any fund the agency administers 2464
for the prompt replacement, repair, or refinancing of damaged 2465
housing if both of the following apply:2466

       (1) The governor declares that a state of emergency exists 2467
with respect to a county, region, or political subdivision of this 2468
state, or declares that a county, region, or political subdivision 2469
has experienced a disaster as defined in section 5502.21 of the 2470
Revised Code.2471

       (2) The agency determines that the emergency or disaster has 2472
substantially damaged or destroyed housing in the area of the 2473
emergency or disaster.2474

       (D) The agency shall establish guidelines for extending 2475
financial assistance for emergency housing. The guidelines shall 2476
include eligibility criteria for assistance and the terms and 2477
conditions under which the agency may extend financial assistance.2478

       Sec. 191.01.  As used in this chapter:2479

       (A) "Administrative safeguards," "availability," 2480
"confidentiality," "integrity," "physical safeguards," and 2481
"technical safeguards" have the same meanings as in 45 C.F.R. 2482
164.304.2483

        (B) "Business associate," "covered entity," "health plan," 2484
"individually identifiable health information," and "protected 2485
health information" have the same meanings as in 45 C.F.R. 2486
160.103.2487

       (C) "Executive director of the office of health 2488
transformation" or "executive director" means the executive 2489
director of the office of health transformation or the chief 2490
administrative officer of a successor governmental entity 2491
responsible for health system oversight in this state.2492

       (D) "Government program providing public benefits" means any 2493
program administered by a state agency that has been identified, 2494
pursuant to section 191.02 of the Revised Code, by the executive 2495
director of the office of health transformation in consultation 2496
with the individuals specified in that section. 2497

       (E) "Office of health transformation" means the office of 2498
health transformation created by executive order 2011-02K.2499

       (F) "Operating protocol" means a protocol adopted by the 2500
executive director of the office of health transformation or the 2501
executive director's designee under division (D) of section 191.06 2502
of the Revised Code.2503

       (G) "Participating agency" means a state agency that 2504
participates in a health transformation initiative as specified in 2505
the one or more operating protocols adopted for the initiative 2506
under division (D) of section 191.06 of the Revised Code.2507

       (H) "Personally identifiable information" means information 2508
that meets both of the following criteria: 2509

       (1) It identifies an individual or there is a reasonable 2510
basis to believe that it may be used to identify an individual;2511

       (2) It relates to an individual's eligibility for, 2512
application for, or receipt of public benefits from a government 2513
program providing public benefits.2514

       (I) "State agency" means each of the following:2515

       (1) The department of administrative services;2516

       (2) The department of aging;2517

       (3) The development services agency;2518

       (4) The department of developmental disabilities;2519

       (5) The department of education;2520

       (6) The department of health;2521

       (7) The department of insurance;2522

       (8) The department of job and family services;2523

       (9) The department of medicaid;2524

       (10) The department of mental health and addiction services;2525

       (11) The department of rehabilitation and correction;2526

       (12) The department of taxation;2527

       (13) The department of veterans services;2528

       (14) The department of youth services;2529

       (15) The opportunities for Ohioans with disabilities agency.2530

       (J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.2531

       Sec. 306.04.  (A) Except as otherwise provided in division 2532
(B) of this section, employees of a county transit board or a 2533
board of county commissioners operating a transit system are 2534
employees of the county. If the system is operated by the board of 2535
county commissioners, the board shall appoint an executive 2536
director, who shall be in the unclassified service.2537

       (B) Any county transit board that established its own civil 2538
service organization and procedure prior to October 25, 1995, 2539
shall continue to operate under that organization. Appointments 2540
and promotions in that system shall be made, as far as 2541
practicable, by competitive examination.2542

       A board that established its own civil service organization 2543
prior to October 25, 1995, shall establish by rule the seniority 2544
provisions relating to street railway and motor bus employees in 2545
effect at the time of the acquisition of the transit system by the 2546
county. The vacation, holiday, and sick leave privileges shall not 2547
be regulated by other provisions of law relating to public 2548
employees of the state or county, except that the transit board, 2549
its officers and employees, shall be subject to the public 2550
employees retirement system of the state and the transit board 2551
shall assume any pension obligations which have been assumed by 2552
any publicly owned transit system which the county may acquire.2553

       (C) A county transit board or board of county commissioners 2554
operating a transit system may:2555

       (1) Acquire in its name by gift, grant, purchase, or 2556
condemnation and hold and operate real estate and interests 2557
therein and personal property suitable for its purposes;2558

       (2) In its name purchase, acquire, construct, enlarge, 2559
improve, equip, repair, maintain, sell, exchange, lease as lessee 2560
or lessor, receive a right of use of, and manage, control, and 2561
operate, in or out of the county, a county transit system 2562
consisting of all real estate and interests therein, personal 2563
property, and a combination thereof, for or related to the 2564
movement of persons including but not limited to street railway, 2565
tramline, subways, rapid transits, monorails, and passenger bus 2566
systems but excluding therefrom trucks, the movement of property 2567
by truck, and facilities designed for use in the movement of 2568
property by truck for hire;2569

       (3) Issue, with the approval of the county commissioners when 2570
the issuance is made by the transit board, revenue bonds of the 2571
county as provided in division (B) of section 306.09 of the 2572
Revised Code, to secure funds to accomplish its purposes. The 2573
principal of and interest on such bonds, together with all other 2574
payments required to be made by the trust agreement or indenture 2575
securing such bonds, shall be paid solely from revenues or other 2576
income accruing to the board from facilities of the county transit 2577
system designated in said agreement or indenture.2578

       (4) Enter into contracts in the exercise of the rights, 2579
powers, and duties conferred upon it, and execute all instruments 2580
necessary in the conduct of its business;2581

       (5) Fix, alter, and charge rates and other charges for the 2582
use of its real estate and interests therein, personal property, 2583
and combinations thereof;2584

       (6) Employ such financial consultants, accountants, 2585
appraisers, consulting engineers, architects, construction 2586
experts, attorneys-at-law, managers and other supervisory 2587
personnel, and other officers, employees, and agents as it 2588
determines necessary to conduct its business, and fix their 2589
compensation and duties;2590

       (7) Pledge, hypothecate, or otherwise encumber its revenues 2591
and other income as security for its obligations and enter into 2592
trust agreements or indentures for the benefit of revenue 2593
bondholders;2594

       (8) Borrow money or accept or contract to accept advances, 2595
loans, gifts, grants, devises, or bequests from and enter into 2596
contracts or agreements with any federal, state, or other 2597
governmental or private source and hold and apply advances, loans, 2598
gifts, grants, devises, or bequests according to the terms thereof 2599
including provisions which are required by such federal, state, or 2600
other governmental or private source to protect the interest of 2601
employees affected by such advances, loans, gifts, grants, 2602
devises, or bequests. Such advances, loans, gifts, grants, or 2603
devises may be subject to any reasonable reservation and any gift, 2604
grant, or devise or real estate may be in fee simple or any lesser 2605
estate. Any advances or loans received from any federal, state, or 2606
other governmental or private source may be repaid in accordance 2607
with the terms of such advance or loan. A loan accepted by a 2608
county transit board shall not, in any way, obligate the general 2609
fund of a county or a board of county commissioners.2610

       (9) Conduct investigations and surveys into the needs of the 2611
public within or without the county for transportation services to 2612
provide for the movement of persons within, into, or from the area 2613
serviced or to be serviced by the county transit system;2614

       (10) Enter into lawful arrangements with the appropriate 2615
federal or state department or agency, county, township, municipal 2616
corporation, or other political subdivision or public agency for 2617
the planning and installation of any public facilities which are 2618
determined necessary in the conduct of its business;2619

       (11) Purchase fire, extended coverage, and liability 2620
insurance for the real estate and interests therein, personal 2621
property and any combination thereof, used by or in connection 2622
with the county transit system and insurance covering the board 2623
and the county transit system and its officers and employees for 2624
liability for damage or injury to persons or property;2625

       (12) Procure and pay all or any part of the cost of group 2626
hospitalization, surgical, major medical, or sickness and accident 2627
insurance, or a combination thereof, for the officers and 2628
employees of the county transit system and their immediate 2629
dependents, issued by an insurance company, duly authorized to do 2630
business in this state;2631

       (13) Sell, lease, release, or otherwise dispose of real 2632
estate or interests therein or personal property owned by it and 2633
grant such easements across its real estate and interests therein 2634
as will not interfere with its use by the county transit system;2635

       (14) Establish rules for the use and operation of the county 2636
transit system including the real estate or interests therein, 2637
personal property or a combination of the foregoing used by or in 2638
connection with such system;2639

       (15) Exercise the power of eminent domain to appropriate any 2640
real estate or interests therein, personal property, franchises, 2641
or any combination thereof, within or without the county, 2642
necessary or proper in the exercise of its powers provided in 2643
sections 306.01 to 306.13 of the Revised Code, as provided in 2644
sections 163.01 to 163.22 of the Revised Code, and subject to 2645
divisions (15)(a), (b), and (c) of this section, provided that a 2646
county transit board or a board of county commissioners operating 2647
a transit system shall not proceed to so appropriate real property 2648
outside its territorial boundaries, until it has served at the 2649
office of the county commissioners of the county in which it is 2650
proposed to appropriate real property, a notice describing the 2651
real property to be taken and the purpose for which it is proposed 2652
to be taken, and such county commissioners have entered on their 2653
journal within thirty days after such service a resolution 2654
approving such appropriation;.2655

       (a) Nothing contained in this division authorizes a county 2656
transit board or a board of county commissioners to appropriate 2657
any land, rights, rights-of-way, franchises, or easements 2658
belonging to the state or to a municipal corporation without the 2659
consent of the state or of the municipal corporation, and no 2660
county transit board or board of county commissioners shall 2661
exercise the right of eminent domain to acquire any certificate of 2662
public convenience and necessity, or any part thereof, issued to a 2663
for-hire motor carrier by the public utilities commission of Ohio 2664
or by the federal motor carrier safety administration of the 2665
United States, or to take or disturb other real estate or 2666
interests therein, personal property, or any combination thereof 2667
belonging to any municipal corporation without the consent of the 2668
legislative authority of such municipal corporation, or take or 2669
disturb real estate or interests therein, personal property, or 2670
any combination thereof belonging to any other political 2671
subdivision, public corporation, public utility, or common 2672
carrier, which is necessary and convenient in the operation of 2673
such political subdivision, public corporation, public utility, or 2674
common carrier unless provision is made for the restoration, 2675
relocation, or duplication of that taken or upon the election of 2676
such political subdivision, public corporation, public utility, or 2677
common carrier for the payment of compensation, if any, at the 2678
sole cost of the county transit system.2679

       (b) If any restoration or duplication proposed to be made 2680
under this division involves a relocation, the new location shall 2681
have at least comparable utilitarian value and effectiveness, and 2682
such relocation shall not impair the ability of the public utility 2683
or common carrier to compete in its original area of operation.2684

       (c) If such restoration or duplication proposed to be made 2685
under this division involves a relocation, the county transit 2686
board or board of county commissioners shall acquire no interest 2687
or right in or to the appropriated property or facility until the 2688
relocated property or facility is available for use and until 2689
marketable title thereto has been transferred to the political 2690
subdivision, public corporation, public utility, or common 2691
carrier. Nothing in this division shall require any board of 2692
county commissioners or county transit board operating a county 2693
transit system to so restore, relocate, or duplicate, if all of 2694
the real estate and interests therein, personal property, and any 2695
combination of the foregoing which is owned by a public utility or 2696
common carrier and used by it or in connection with the movement 2697
of persons, is acquired by exercise of the power of eminent 2698
domain.2699

       (16) When real property is acquired that is located outside 2700
the county and is removed from the tax duplicate, the county 2701
transit board or board of county commissioners operating a transit 2702
system shall pay annually to the county treasurer of the county in 2703
which that property is located, commencing with the first tax year 2704
in which that property is removed from the tax duplicate, an 2705
amount of money in lieu of taxes equal to the smaller of the 2706
following:2707

       (a) The last annual installment of taxes due from the 2708
acquired property before removal from the tax duplicate;2709

       (b) An amount equal to the difference between the combined 2710
revenue from real estate taxes of all the taxing districts in 2711
which the property is located in the tax year immediately prior to 2712
the removal of the acquired property from the tax duplicate, and 2713
either:2714

       (i) The total revenue which would be produced by the tax rate 2715
of each such taxing district in the tax year immediately prior to 2716
the removal of the acquired property from the tax duplicate, 2717
applied to the real estate tax duplicate of each of such taxing 2718
districts in each tax year subsequent to the year of removal; or2719

       (ii) The combined revenue from real estate taxes of all such 2720
taxing districts in each tax year subsequent to the year of 2721
removal, whichever is the greater.2722

       The county transit board or board of county commissioners may 2723
be exempted from such payment by agreement of the affected taxing 2724
district or districts in the county in which the property is 2725
located.2726

       The county auditor of the county in which that property is 2727
located shall apportion each such annual payment to each taxing 2728
district as if the annual payment had been levied and collected as 2729
a tax.2730

       Those annual payments shall never again be made after they 2731
have ceased.2732

       (17) Sue or be sued, plead or be impleaded, and be held 2733
liable in any court of proper jurisdiction for damages received by 2734
reason of negligence, in the same manner and to the same extent as 2735
if the county transit system were privately operated, provided, 2736
that no funds of a county other than those of the county transit 2737
board or, if the transit system is operated by the board of county 2738
commissioners, other than those in the account for the county 2739
transit system created under division (C) of section 306.01 of the 2740
Revised Code, shall be available for the satisfaction of judgments 2741
rendered against that system;2742

       (18) Annually prepare and make available for public 2743
inspection a report in condensed form showing the financial 2744
results of the operation of the county transit system. For systems 2745
operated by a county transit board, copies of this report shall be 2746
furnished to the county commissioners as well as a monthly summary 2747
statement of revenues and expenses for the preceding month 2748
sufficient to show the exact financial condition of the county 2749
transit system as of the last day of the preceding month.2750

       (19) With the approval of the county commissioners when the 2751
action is taken by the transit board, and without competitive 2752
bidding, sell, lease, or grant the right of use of all or a 2753
portion of the county transit system to any other political 2754
subdivision, taxing district, or other public body or agency 2755
having the power to operate a transit system;2756

       (20) Enter into and supervise franchise agreements for the 2757
operation of a county transit system;2758

       (21) Accept the assignment of and then supervise an existing 2759
franchise agreement for the operation of a county transit system.2760

       (D)(1) As used in this division:2761

       (a) "Applicant" means any person who responds to a request 2762
for proposals and submits an application for a franchise to 2763
operate a public transit system or portion of a public transit 2764
system;2765

       (b) "Application for certification" means the documents that 2766
are required to be filed by a franchisee to initiate the 2767
proceedings required for certification;2768

       (c) "Application for a franchise" means the documents that 2769
are required to be filed in response to a request for proposals 2770
and that initiate the proceedings required for the award of a 2771
franchise;2772

       (d) "Certification" means the order issued by a board of 2773
county commissioners, after submission of an application for 2774
certification, that approves the operation of a public transit 2775
system, or a portion of a public transit system, by a franchisee, 2776
subject to terms and conditions imposed by the board.2777

       (e) "Franchise" means the document and all accompanying 2778
rights approved by the board of county commissioners that provides 2779
the franchisee with the exclusive right to establish a public 2780
transit system and, subject to certification, the right to operate 2781
a public transit system. A franchise may include the right of a 2782
franchisee to provide transportation services for a county 2783
department of job and family services.2784

       (f) "Franchisee" means the individual, corporation, or other 2785
entity awarded a franchise.2786

       (2) A board of county commissioners, on behalf of a county 2787
transit board, may award a franchise to an applicant subject to 2788
such terms and conditions as the board of county commissioners 2789
considers appropriate and consistent with applicable laws. 2790
Subsequent to awarding the franchise, the board of county 2791
commissioners may issue a certification and, until such issuance, 2792
the franchisee has no right to operate a public transit system or 2793
part of such a system. The board of county commissioners shall not 2794
delete, alter, or amend the terms and conditions of the 2795
certification after its issuance. The board shall include in the 2796
certification performance targets related to the operation of a 2797
public transit system by the franchisee, including cost savings to 2798
the county, gains in efficiency, the safety and security of the 2799
traveling public and franchise employees, service to the traveling 2800
public, return on any investments made by the county, and any 2801
other performance targets as determined by the board. All terms 2802
and conditions of the order of certification are terms and 2803
conditions of the franchise. Unless expressly exempted or granted 2804
a waiver in the certification, the franchisee shall comply with 2805
all applicable rules, regulations, orders, and ordinances.2806

       (3) The award of a franchise by a board of county 2807
commissioners to an applicant is the sole license and authority 2808
for the franchisee to establish a public transit system and, 2809
subject to certification, operate a public transit system.2810

       (4) A board of county commissioners shall award a franchise 2811
for a period of not less than ten years, as provided in the 2812
franchise.2813

       (5) A franchise shall not prohibit the franchisee from 2814
implementing new or improved services during the term of the 2815
franchise.2816

        (6) A franchisee shall coordinate its services, as specified 2817
in the franchise, with public transit providers to make effective 2818
transportation services available to the public and provide access 2819
to and from the public transit system.2820

       (7) A board of county commissioners shall provide terms and 2821
conditions in a franchise to ensure that the franchisee will 2822
continue operation of the public transit system for the duration 2823
of the term of the franchise or, if the franchise is revoked, 2824
suspended, or abandoned, that financial and other necessary 2825
resources are available to continue the operation of the system 2826
until another franchisee is selected or until the board of county 2827
commissioners determines to cease the transit operations governed 2828
by the franchise. The franchise shall specifically provide that 2829
the board shall have the right to terminate the franchise if the 2830
board determines that the franchisee has materially breached the 2831
franchise in any manner. The franchisee may appeal such a 2832
termination to the board, and, if the board upholds the 2833
termination, to the proper court of common pleas.2834

       Sec. 306.14.  (A) If a board of county commissioners awards a 2835
franchise to a franchisee on behalf of a county transit board, the 2836
county transit board shall submit an annual written report to the 2837
board of county commissioners not later than a date designated by 2838
the board of county commissioners and in a form prescribed by that 2839
board. The board of county commissioners shall make the report 2840
available on the general web site of the county. The county 2841
transit board shall include in the report a description in detail 2842
of the effects the franchise agreement had during the prior year 2843
on all of the following as they relate to the operation of a 2844
public transit system by the franchisee in that county: 2845

       (1) Cost savings to the county;2846

       (2) Efficiency;2847

       (3) Safety and security of the traveling public and franchise 2848
employees;2849

       (4) Service to the traveling public;2850

       (5) Return on investment by the county;2851

       (6) Any other aspects the board of county commissioners 2852
determines should be included in the report.2853

       (B) A franchisee that is awarded a franchise by a board of 2854
county commissioners on behalf of a county transit board shall 2855
submit an annual written report to the board of county 2856
commissioners or county transit board not later than a date 2857
designated by the board of county commissioners and in a form 2858
prescribed by that board. The board of county commissioners also 2859
shall direct the franchisee to submit the report to the board of 2860
county commissioners, the county transit board, or both. The board 2861
of county commissioners shall establish the issues to be addressed 2862
in the report with respect to the public transit system that the 2863
franchisee operated during the prior year. The board of county 2864
commissioners shall make the report available on the general web 2865
site of the county.2866

       (C) A board of county commissioners that awards a franchise 2867
to a franchisee on behalf of a county transit board shall conduct 2868
an annual review of the performance of the franchisee. The board 2869
of county commissioners shall include in the review a 2870
determination of the number of performance targets the franchisee 2871
met during the prior year and an evaluation of the franchisee's 2872
compliance with the other terms and conditions of the franchise, 2873
including any breaches of the franchise by the franchisee. The 2874
board shall issue a written report, and shall make the report 2875
available on the general web site of the county.2876

       Sec. 307.678.  (A) As used in this section:2877

       (1) "Stadium" means an open-air structure designed and 2878
developed to provide a venue for public entertainment, cultural 2879
activities and recreation, or any combination thereof, including 2880
concerts, athletic and sporting events, and other events and 2881
exhibitions, together with concession, locker room, parking, 2882
restroom, and storage facilities, walkways, and other auxiliary 2883
facilities, whether included within or separate from the 2884
structure, and all real and personal property and interests 2885
therein related to the use of the structure for those purposes. 2886

       (2) "Bureau" means a nonprofit corporation that is organized 2887
under the laws of this state that is, or has among its functions 2888
acting as, a convention and visitors' bureau, and that currently 2889
receives revenue from existing lodging taxes.2890

       (3) "Cooperating parties" means the parties to a cooperative 2891
agreement.2892

       (4) "Cooperative agreement" means an agreement entered into 2893
pursuant to division (B) of this section.2894

       (5) "Corporation" means a nonprofit corporation that is 2895
organized under the laws of this state and has corporate authority 2896
under its organizational instruments to acquire, construct, 2897
reconstruct, equip, finance, furnish, otherwise improve, own, 2898
lease, or operate a stadium.2899

       (6) "Debt charges" has the same meaning as in section 133.01 2900
of the Revised Code, except that "obligations" shall be 2901
substituted for "securities" wherever "securities" appears in that 2902
section.2903

       (7) "Eligible county" means a county having a population of 2904
at least three hundred seventy-five thousand, but not more than 2905
four hundred thousand, according to the most recent federal 2906
decennial census.2907

       (8) "Existing lodging taxes" means taxes levied by a board of 2908
county commissioners of an eligible county under division (A) of 2909
section 5739.09 of the Revised Code.2910

       (9) "Financing costs" means all costs and expenses relating 2911
to the authorization, including any required election, issuance, 2912
sale, delivery, authentication, deposit, custody, clearing, 2913
registration, transfer, exchange, fractionalization, replacement, 2914
payment, and servicing, of obligations, including, without 2915
limitation, costs and expenses for or relating to publication and 2916
printing, postage, delivery, preliminary and final official 2917
statements, offering circulars, and informational statements, 2918
travel and transportation, underwriters, placement agents, 2919
investment bankers, paying agents, registrars, authenticating 2920
agents, remarketing agents, custodians, clearing agencies or 2921
corporations, securities depositories, financial advisory 2922
services, certifications, audits, federal or state regulatory 2923
agencies, accounting and computation services, legal services and 2924
obtaining approving legal opinions and other legal opinions, 2925
credit ratings, redemption premiums, and credit enhancement 2926
facilities. Financing costs may be paid from any money available 2927
for the purpose, including, unless otherwise provided in the 2928
proceedings, from the proceeds of the obligations to which they 2929
relate and, as to future financing costs, from the same sources 2930
from which debt charges on the obligations are paid and as though 2931
debt charges.2932

       (10) "Host municipal corporation" means a municipal 2933
corporation, having a population of at least seventy thousand but 2934
not more than eighty thousand according to the most recent federal 2935
decennial census, within the boundaries of which a stadium is 2936
located.2937

       (11) "Host school district" means the school district within 2938
the boundaries of which a stadium is located.2939

       (12) "Issuer" means any issuer, as defined in section 133.01 2940
of the Revised Code, and any corporation.2941

       (13) "Obligations" means obligations that are issued or 2942
incurred by an issuer pursuant to Chapter 133. or 4582. of the 2943
Revised Code, or otherwise, for the purpose of funding or paying, 2944
or reimbursing persons for the funding or payment of, project 2945
costs, and that evidence the issuer's obligation to repay borrowed 2946
money, including interest thereon, or to pay other money 2947
obligations of the issuer at any future time, including, without 2948
limitation, bonds, notes, anticipatory securities as defined in 2949
section 133.01 of the Revised Code, certificates of indebtedness, 2950
commercial paper, or installment sale, lease, lease-purchase, or 2951
similar agreements.2952

       (14) "Port authority" means a port authority created under 2953
Chapter 4582. of the Revised Code.2954

       (15) "Project" means acquiring, constructing, reconstructing, 2955
rehabilitating, remodeling, renovating, enlarging, equipping, 2956
furnishing, or otherwise improving a stadium or any component or 2957
element thereof. 2958

       (16) "Project cost" means the cost of acquiring, 2959
constructing, reconstructing, rehabilitating, remodeling, 2960
renovating, enlarging, equipping, financing, refinancing, 2961
furnishing, or otherwise improving a project, including, without 2962
limitation, financing costs; the cost of architectural, 2963
engineering, and other professional services, designs, plans, 2964
specifications, surveys, and estimates of costs; financing or 2965
refinancing obligations issued by, or reimbursing money advanced 2966
by, any cooperating party or any other person, where the proceeds 2967
of the obligations or money advanced was used to pay any other 2968
cost described in this division; inspections and testing; any 2969
indemnity or surety bond or premium related to insurance 2970
pertaining to development of the project; all related direct and 2971
indirect administrative costs; fees and expenses of trustees, 2972
escrow agents, depositories, and paying agents for any 2973
obligations; interest on obligations during the planning, design, 2974
and development of a project and for up to eighteen months 2975
thereafter; funding of reserves for the payment of debt charges on 2976
any obligations; and all other expenses necessary or incident to 2977
planning, or determining the feasibility or practicability of, a 2978
project, including, without limitation, advocating the enactment 2979
of legislation to facilitate the development and financing of a 2980
project.2981

       (B) On or before December 31, 2015, the board of county 2982
commissioners of an eligible county, a host municipal corporation, 2983
the board of education of a host school district, a port 2984
authority, a bureau, and a corporation, or any combination 2985
thereof, may enter into a cooperative agreement under which:2986

       (1) The board of county commissioners and the bureau agree to 2987
make available to a cooperating party or any other person all or a 2988
portion of the proceeds of an existing lodging tax to pay project 2989
costs or debt charges on obligations issued by a cooperating party 2990
to fund, finance, or refinance the payment of project costs;2991

       (2) The cooperating parties agree, subject to any conditions 2992
or limitations provided in the cooperative agreement, to each of 2993
the following:2994

       (a) The conveyance, grant, or transfer to a cooperating party 2995
or any other person of ownership of, property interests in, and 2996
rights to use a stadium, either as the stadium exists at the time 2997
of the agreement or as it may be improved by a project;2998

       (b) The respective responsibilities of each cooperating party 2999
for the management, operation, maintenance, repair, and 3000
replacement of a stadium, including any project undertaken with 3001
respect to the stadium, which may include authorization for a 3002
cooperating party to contract with any other person for any such 3003
purpose;3004

       (c) The respective responsibilities of each cooperating party 3005
for the development and financing of a project, including, without 3006
limitation, the cooperating party or parties that shall be 3007
responsible for contracting for the development of a project and 3008
administering contracts into which the party or parties enter into 3009
for that purpose;3010

       (d) The respective responsibilities of each cooperating party 3011
to provide money, whether by issuing obligations or otherwise, for 3012
the funding, payment, financing, or refinancing, or reimbursement 3013
to a cooperating party or other person for the funding, payment, 3014
financing, or refinancing, of project costs;3015

       (e) The respective responsibilities of each cooperating 3016
party, or any other person, to provide money or other security for 3017
the payment of debt charges on obligations.3018

       (C) Any conveyance, grant, or transfer of ownership of, 3019
property interests in, or rights to use a stadium, and any 3020
contract for the development, management, operation, maintenance, 3021
repair, or replacement of a stadium, including any project 3022
undertaken with respect to an existing stadium, that is 3023
contemplated by a cooperative agreement may be made or entered 3024
into by a cooperating party, in such manner and upon such terms as 3025
the cooperating parties may agree, without any requirement of 3026
bidding and without regard to ownership of the stadium, 3027
notwithstanding any other provision of law that may otherwise 3028
apply. A project constitutes a "port authority facility" within 3029
the meaning of division (D) of section 4582.01 and division (E) of 3030
section 4582.21 of the Revised Code and shall be considered a 3031
permanent improvement for one purpose under Chapter 133. of the 3032
Revised Code.3033

       (D) Notwithstanding any other provision of law, and after 3034
deducting the real and actual costs of administering an existing 3035
lodging tax and any portion of such tax required to be returned to 3036
any municipal corporation or township as provided in division 3037
(A)(1) of section 5739.09 of the Revised Code, the board of county 3038
commissioners of an eligible county and a bureau may agree to make 3039
available, and a cooperating party or other person may use, all or 3040
a portion of the proceeds of an existing lodging tax for the 3041
funding or payment of project costs, including, without 3042
limitation, the payment of debt charges on obligations. Either the 3043
board or the bureau, or both, may pledge all or a portion of the 3044
proceeds of an existing lodging tax to the payment of debt charges 3045
on obligations. The lien of any such pledge shall be effective 3046
against all persons when it is made, without the requirement for 3047
the filing of any notice, and any proceeds of an existing lodging 3048
tax so pledged and required to be used to pay debt charges on 3049
obligations shall be paid by the county or bureau at the times, in 3050
the amounts, and to such payee, including, without limitation, a 3051
corporate trustee or paying agent, required for such obligations. 3052
The board of county commissioners may amend any previously adopted 3053
resolution providing for the levy of an existing lodging tax to 3054
permit the use of the proceeds of the existing lodging tax as 3055
provided in this division.3056

       (E) A board of county commissioners shall not repeal, 3057
rescind, or reduce the levy of an existing lodging tax to the 3058
extent its proceeds are pledged to the payment of debt charges on 3059
obligations, and any such lodging tax shall not be subject to 3060
repeal, rescission, or reduction by initiative, referendum, or 3061
subsequent enactment of legislation by the general assembly, so 3062
long as there remain outstanding any obligations as to which the 3063
payment of debt charges is secured by a pledge of the existing 3064
lodging tax.3065

       (F) A pledge of the proceeds of an existing lodging tax under 3066
division (D) of this section shall not constitute indebtedness of 3067
the eligible county for the purposes of Chapter 133. of the 3068
Revised Code.3069

       (G) The authority provided by this section is supplemental 3070
to, and is not intended to limit in any way, any legal authority 3071
that a cooperating party may have under any other provision of 3072
law.3073

       Sec. 307.6910. (A) A new nonprofit corporation shall be 3074
organized under the laws of this state for the purpose of 3075
operating a veterans memorial and museum to be located within the 3076
city of Columbus at the site described in division (B) of this 3077
section. The veterans memorial and museum shall be designated in 3078
the articles of incorporation and state law as the "Ohio Veterans 3079
Memorial and Museum." 3080

       (B) The site of the Ohio Veterans Memorial and Museum, shall 3081
be constructed on the following parcel of real property owned in 3082
fee simple by the board of county commissioners of Franklin 3083
county:3084

       That property located at 300 West Broad Street, Columbus, 3085
Ohio, generally lying north of Broad Street, south of the 3086
right-of-way line of Norfolk and Southern Railway, west of the 3087
Scioto River and its floodwall, and east of the east line of Belle 3088
Street if the same extended north of Broad Street to the railroad 3089
right-of-way.3090

        (C) The bylaws of the new nonprofit corporation shall provide 3091
for the board of directors to consist of fifteen members. The 3092
appointments to the board of directors shall be made in accordance 3093
with the articles of incorporation and bylaws of the nonprofit 3094
corporation. All appointments to the board of directors shall 3095
satisfy any qualifications set forth in the nonprofit 3096
corporation's bylaws. A majority of the members of the board of 3097
directors appointed by each appointing entity shall be veterans of 3098
the armed forces of the United States. The appointments shall be 3099
made as follows:3100

        (1) The board of county commissioners of Franklin county 3101
shall appoint five members.3102

        (2) The governor shall appoint three members.3103

        (3) The speaker of the house of representatives and the 3104
president of the senate each shall appoint one member.3105

        (4) The articles of incorporation shall provide for the 3106
remaining appointments, not to exceed five, the majority of whom 3107
shall be veterans of the armed forces of the United States.3108

        (D) All meetings and records of the new nonprofit corporation 3109
shall be conducted and maintained in accordance with the sunshine 3110
laws of this state, including, but not limited to, sections 121.22 3111
and 149.43 of the Revised Code.3112

        (E) The board of county commissioners of Franklin county may 3113
lease the site described in division (B) of this section together 3114
with any adjacent property, without engaging in competitive 3115
bidding, to an Ohio nonprofit corporation for the construction, 3116
development, and operation of the Ohio Veterans Memorial and 3117
Museum. A board of county commissioners may appropriate funds to 3118
either the nonprofit corporation established as provided in this 3119
section or the nonprofit corporation with which the county has 3120
leased the property for permanent improvements and operating 3121
expenses of the Ohio Veterans Memorial and Museum.3122

       Sec. 307.863.  (A) Notwithstanding section 307.86 of the 3123
Revised Code, a board of county commissioners that awards a 3124
franchise to a franchisee on behalf of a county transit board 3125
pursuant to section 306.04 of the Revised Code to operate a public 3126
transit system shall award the franchise through competitive 3127
bidding as prescribed in this section. The board shall solicit 3128
bids that are not sealed, and shall ensure that all bids the board 3129
receives are open for public inspection. The board shall consider 3130
all bids that are timely received.3131

       (B) The fact that a bid proposes to be the most beneficial to 3132
the county monetarily in and of itself does not confer best bid 3133
status on that bid.3134

       (C) In awarding a franchise to a bidder to operate a public 3135
transit system, the board may consider all of the following:3136

       (1) The proposed monetary benefit to the county;3137

       (2) The bidder's ownership of, or access to, transportation 3138
facilities or transportation equipment such as vehicles, automated 3139
transit systems, or any other applicable equipment;3140

       (3) The bidder's experience in operating public transit 3141
systems;3142

       (4) If the bidder has experience in operating public transit 3143
systems, the record of the bidder in relation to all aspects of 3144
operating a public transit system, including cost savings to a 3145
political subdivision, gains in efficiency, the safety and 3146
security of the traveling public and employees, service to the 3147
traveling public, return on any investments made by a political 3148
subdivision, and any other aspects the board includes for 3149
consideration.3150

       Sec. 307.982.  (A) To the extent permitted by federal law, 3151
including subpart F of 5 C.F.R. part 900, and subject to any 3152
limitations established by the Revised Code, including division 3153
(B) of this section, a board of county commissioners may enter 3154
into a written contract with a private or government entity, 3155
including a public or private college or university, for the 3156
entity to perform a family services duty or workforce development 3157
activity on behalf of a county family services agency or workforce 3158
development agency. The entity with which a board contracts is not 3159
required to be located in the county the board serves.3160

       A family services duty or workforce development activity 3161
includes transportation services provided by a county transit 3162
board. A board of county commissioners may delegate to a county 3163
transit board the authority to solicit bids and award and execute 3164
contracts for such transportation services on behalf of the board 3165
of county commissioners.3166

       (B) A board of county commissioners may not enter into a 3167
contract under division (A) of this section regarding a family 3168
services duty of a public children services agency if a county 3169
children services board appointed under section 5153.03 of the 3170
Revised Code serves as the public children services agency for the 3171
county. The county children services board may enter into 3172
contracts regarding its duties in accordance with division (C)(2) 3173
of section 5153.16 of the Revised Code. 3174

       Sec. 340.01.  (A) As used in this chapter, "addiction,":3175

       (1) "Addiction," "addiction services," "alcohol and drug 3176
addiction services," "community addiction services provider," 3177
"community mental health services provider," "drug addiction,"3178
"gambling addiction services," "mental health services," and 3179
"mental illness" have the same meanings as in section 5119.01 of 3180
the Revised Code.3181

       (2) "Medication-assisted treatment" means alcohol and drug 3182
addiction services that are accompanied by medication approved by 3183
the United States food and drug administration for the treatment 3184
of drug addiction, prevention of relapse of drug addiction, or 3185
both.3186

       (3) "Recovery housing" means housing for individuals 3187
recovering from drug addiction that provides an alcohol and 3188
drug-free living environment, peer support, assistance with 3189
obtaining drug addiction services, and other drug addiction 3190
recovery assistance.3191

       (B) An alcohol, drug addiction, and mental health service 3192
district shall be established in any county or combination of 3193
counties having a population of at least fifty thousand to provide 3194
addiction services and mental health services. With the approval 3195
of the director of mental health and addiction services, any 3196
county or combination of counties having a population of less than 3197
fifty thousand may establish such a district. Districts comprising 3198
more than one county shall be known as joint-county districts.3199

       The board of county commissioners of any county participating 3200
in a joint-county district may submit a resolution requesting 3201
withdrawal from the district together with a comprehensive plan or 3202
plans that are in compliance with rules adopted by the director of 3203
mental health and addiction services under section 5119.22 of the 3204
Revised Code, and that provide for the equitable adjustment and 3205
division of all services, assets, property, debts, and 3206
obligations, if any, of the joint-county district to the board of 3207
alcohol, drug addiction, and mental health services, to the boards 3208
of county commissioners of each county in the district, and to the 3209
directorsdirector. No county participating in a joint-county 3210
service district may withdraw from the district without the 3211
consent of the director of mental health and addiction services 3212
nor earlier than one year after the submission of such resolution 3213
unless all of the participating counties agree to an earlier 3214
withdrawal. Any county withdrawing from a joint-county district 3215
shall continue to have levied against its tax list and duplicate 3216
any tax levied by the district during the period in which the 3217
county was a member of the district until such time as the levy 3218
expires or is renewed or replaced.3219

       Sec. 340.02.  (A) For each alcohol, drug addiction, and 3220
mental health service district, there shall be appointed a board 3221
of alcohol, drug addiction, and mental health services consisting 3222
of eighteen members or fourteen members. Should the board of 3223
alcohol, drug addiction, and mental health services elect to 3224
remain at eighteen members, as provided under section 340.02 of 3225
the Revised Code as it existed immediately prior to the date of 3226
this amendment, the board of alcohol, drug addiction, and mental 3227
health services and the board of county commissioners shall not be 3228
required to take any action. Should the board of alcohol, drug 3229
addiction, and mental health services elect a recommendation to 3230
become a fourteen-member board, that recommendation must be 3231
approved by the board of county commissioners of the county in 3232
which the alcohol, drug addiction, and mental health district is 3233
located in order for the transition to a fourteen-member board to 3234
occur. Not later than September 30, 2013, each board of alcohol, 3235
drug addiction, and mental health services wishing to become a 3236
fourteen-member board shall notify the board of county 3237
commissioners of that recommendation. Failure of the board of 3238
county commissioners to take action within thirty days after 3239
receipt of the recommendation shall be deemed agreement by the 3240
board of county commissioners to transition to a fourteen-member 3241
board of alcohol, drug addiction, and mental health services. 3242
Should the board of county commissioners reject the 3243
recommendation, the board of county commissioners shall adopt a 3244
resolution stating that rejection within thirty days after receipt 3245
of the recommendation. Upon adoption of the resolution, the board 3246
of county commissioners shall meet with the board of alcohol, drug 3247
addiction, and mental health services to discuss the matter. After 3248
the meeting, the board of county commissioners shall notify the 3249
department of mental health and addiction services of its election 3250
not later than January 1, 2014. In a joint-county district, a 3251
majority of the boards of county commissioners must not reject the 3252
recommendation of a joint-county board to become a fourteen-member 3253
board in order for the transition to a fourteen-member board to 3254
occur. Should the joint-county district have an even number of 3255
counties, and the boards of county commissioners of these counties 3256
tie in terms of whether or not to accept the recommendation of the 3257
alcohol, drug addiction, and mental health services board, the 3258
recommendation of the alcohol, drug addiction, and mental health 3259
service board to become a fourteen-member board shall prevail. The 3260
election shall be final. Failure to provide notice of its election 3261
to the department on or before January 1, 2014, shall constitute 3262
an election to continue to operate as an eighteen-member board, 3263
which election shall also be final. If an existing board provides 3264
timely notice of its election to transition to operate as a 3265
fourteen-member board, the number of board members may decline 3266
from eighteen to fourteen by attrition as current members' terms 3267
expire. However, the composition of the board must reflect the 3268
requirements set forth in this section for fourteen-member boards. 3269
For all boards, half of the members shall be interested in mental 3270
health services and half of the members shall be interested in 3271
alcohol, drug, or gambling addiction services. All members shall 3272
be residents of the service district. The membership shall, as 3273
nearly as possible, reflect the composition of the population of 3274
the service district as to race and sex.3275

        (B) For boards operating as eighteen-member boards, the 3276
director of mental health and addiction services shall appoint 3277
eight members of the board and the board of county commissioners 3278
shall appoint ten members. For boards operating as fourteen-member 3279
boards, the director of mental health and addiction services shall 3280
appoint six members of the board and the board of county 3281
commissioners shall appoint eight members. In a joint-county 3282
district, the county commissioners of each participating county 3283
shall appoint members in as nearly as possible the same proportion 3284
as that county's population bears to the total population of the 3285
district, except that at least one member shall be appointed from 3286
each participating county.3287

       (C) The director of mental health and addiction services 3288
shall ensure that at least one member of the board is a clinician 3289
with experience in the delivery of mental health services, at 3290
least one member of the board is a person who has received or is 3291
receiving mental health services paid for by public funds, at 3292
least one member of the board is a parent or other relative of 3293
such a person, at least one member of the board is a clinician 3294
with experience in the delivery of addiction services, at least 3295
one member of the board is a person who has received or is 3296
receiving addiction services paid for by public funds, and at 3297
least one member of the board is a parent or other relative of 3298
such a person. A single member who meets both qualifications may 3299
fulfill the requirement for a clinician with experience in the 3300
delivery of mental health services and a clinician with experience 3301
in the delivery of addiction services.3302

       (D) No member or employee of a board of alcohol, drug 3303
addiction, and mental health services shall serve as a member of 3304
the board of any provider with which the board of alcohol, drug 3305
addiction, and mental health services has entered into a contract 3306
for the provision of services or facilities. No member of a board 3307
of alcohol, drug addiction, and mental health services shall be an 3308
employee of any provider with which the board has entered into a 3309
contract for the provision of services or facilities. No person 3310
shall be an employee of a board and such a provider unless the 3311
board and provider both agree in writing.3312

       (E) No person shall serve as a member of the board of 3313
alcohol, drug addiction, and mental health services whose spouse, 3314
child, parent, brother, sister, grandchild, stepparent, stepchild, 3315
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 3316
daughter-in-law, brother-in-law, or sister-in-law serves as a 3317
member of the board of any provider with which the board of 3318
alcohol, drug addiction, and mental health services has entered 3319
into a contract for the provision of services or facilities. No 3320
person shall serve as a member or employee of the board whose 3321
spouse, child, parent, brother, sister, stepparent, stepchild, 3322
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 3323
daughter-in-law, brother-in-law, or sister-in-law serves as a 3324
county commissioner of a county or counties in the alcohol, drug 3325
addiction, and mental health service district.3326

       (F) Each year each board member shall attend at least one 3327
inservice training session provided or approved by the department 3328
of mental health and addiction services. 3329

        (G) For boards operating as eighteen-member boards, each 3330
member shall be appointed for a term of four years, commencing the 3331
first day of July, except that one-third of initial appointments 3332
to a newly established board, and to the extent possible to 3333
expanded boards, shall be for terms of two years, one-third of 3334
initial appointments shall be for terms of three years, and 3335
one-third of initial appointments shall be for terms of four 3336
years. For boards operating as fourteen-member boards, each member 3337
shall be appointed for a term of four years, commencing the first 3338
day of July, except that four of the initial appointments to a 3339
newly established board, and to the extent possible to expanded 3340
boards, shall be for terms of two years, five initial appointments 3341
shall be for terms of three years, and five initial appointments 3342
shall be for terms of four years. No member shall serve more than 3343
two consecutive four-year terms under the same appointing 3344
authority. A member may serve for three consecutive terms under 3345
the same appointing authority only if one of the terms is for less 3346
than two years. A member who has served two consecutive four-year 3347
terms or three consecutive terms totaling less than ten years is 3348
eligible for reappointment by the same appointing authority one 3349
year following the end of the second or third term, respectively.3350

       When a vacancy occurs, appointment for the expired or 3351
unexpired term shall be made in the same manner as an original 3352
appointment. The appointing authority shall be notified by 3353
certified mail of any vacancy and shall fill the vacancy within 3354
sixty days following that notice.3355

       Any member of the board may be removed from office by the 3356
appointing authority for neglect of duty, misconduct, or 3357
malfeasance in office, and shall be removed by the appointing 3358
authority if the member is barred by this section from serving as 3359
a board member. The member shall be informed in writing of the 3360
charges and afforded an opportunity for a hearing. Upon the 3361
absence of a member within one year from either four board 3362
meetings or from two board meetings without prior notice, the 3363
board shall notify the appointing authority, which may vacate the 3364
appointment and appoint another person to complete the member's 3365
term.3366

       Members of the board shall serve without compensation, but 3367
shall be reimbursed for actual and necessary expenses incurred in 3368
the performance of their official duties, as defined by rules of 3369
the department of mental health and addiction services.3370

       Sec. 340.021.  (A) In an alcohol, drug addiction, and mental 3371
health service district where the board of county commissioners 3372
has established an alcohol and drug addiction services board, the 3373
community mental health board established under former section 3374
340.02 of the Revised Code shall serve as the entity responsible 3375
for providing mental health services in the county. A community 3376
mental health board has all the powers, duties, and obligations of 3377
a board of alcohol, drug addiction, and mental health services 3378
with regard to mental health services. An alcohol and drug 3379
addiction services board has all the powers, duties, and 3380
obligations of a board of alcohol, drug addiction, and mental 3381
health services with regard to addiction services. Any provision 3382
of the Revised Code that refers to a board of alcohol, drug 3383
addiction, and mental health services with regard to mental health 3384
services also refers to a community mental health board and any 3385
provision that refers to a board of alcohol, drug addiction, and 3386
mental health services with regard to alcohol and drug addiction 3387
services also refers to an alcohol and drug addiction services 3388
board.3389

       An alcohol and drug addiction services board shall consist of 3390
eighteen members or fourteen members, at the election of the 3391
board. Not later than January 1, 2014, each alcohol and drug 3392
addiction services board shall notify the department of mental 3393
health and addiction services of its election to operate as an 3394
eighteen-member board or to operate as a fourteen-member board. 3395
The election shall be final. Failure to provide notice of its 3396
election to the department on or before January 1, 2014, shall 3397
constitute an election to continue to operate as an 3398
eighteen-member board. If an existing board provides timely notice 3399
of its election to operate as a fourteen-member board, the number 3400
of board members may decline from eighteen to fourteen by 3401
attrition as current members' terms expire. However, the 3402
composition of the board must reflect the requirements set forth 3403
in this section and in applicable provisions of section 340.02 of 3404
the Revised Code for fourteen-member boards. For boards operating 3405
as eighteen-member boards, six members shall be appointed by the 3406
director of mental health and addiction services and twelve 3407
members shall be appointed by the board of county commissioners. 3408
The director of mental health and addiction services shall ensure 3409
that at least one member of the board is a person who has received 3410
or is receiving services for alcohol, drug, or gambling addiction 3411
paid for with public funds, at least one member is a parent or 3412
relative of such a person, and at least one member is a clinician 3413
with experience in the delivery of addiction services. The 3414
membership of the board shall, as nearly as possible, reflect the 3415
composition of the population of the service district as to race 3416
and sex. Members shall be residents of the service district and 3417
shall be interested in alcohol, drug, or gambling addiction 3418
services. Requirements for membership, including prohibitions 3419
against certain family and business relationships, and terms of 3420
office shall be the same as those for members of boards of 3421
alcohol, drug addiction, and mental health services.3422

        A community mental health board shall consist of eighteen 3423
members or fourteen members, at the election of the board. Not 3424
later than January 1, 2014, each community mental health board 3425
shall notify the department of mental health and addiction 3426
services of its election to operate as an eighteen-member board or 3427
to operate as a fourteen-member board. The election shall be 3428
final. Failure to provide notice of its election to the department 3429
on or before January 1, 2014, shall constitute an election to 3430
continue to operate as an eighteen-member board. If an existing 3431
board provides timely notice of its election to operate as a 3432
fourteen-member board, the number of board members may decline 3433
from eighteen to fourteen by attrition as current members' terms 3434
expire. However, the composition of the board must reflect the 3435
requirements set forth in this section and in applicable 3436
provisions of section 340.02 of the Revised Code for 3437
fourteen-member boards. For boards operating as eighteen-member 3438
boards, six members shall be appointed by the director of mental 3439
health and addiction services and twelve members shall be 3440
appointed by the board of county commissioners. The director of 3441
mental health and addiction services shall ensure that at least 3442
one member of the board is a person who has received or is 3443
receiving mental health services paid for with public funds, at 3444
least one member is a parent or relative of such a person, and at 3445
least one member is a clinician with experience in the delivery of 3446
mental health services. The membership of the board as nearly as 3447
possible shall reflect the composition of the population of the 3448
service district as to race and sex. Members shall be residents of 3449
the service district and shall be interested in mental health 3450
services. Requirements for membership, including prohibitions 3451
against certain family and business relationships, and terms of 3452
office shall be the same as those for members of boards of 3453
alcohol, drug addiction, and mental health services.3454

       (B)(1) If a board of county commissioners subject to division 3455
(A) of this section did not adopt a final resolution providing for 3456
a board of alcohol, drug addiction, and mental health services on 3457
or before July 1, 2007, the board of county commissioners may 3458
establish a board of alcohol, drug addiction, and mental health 3459
services on or after the effective date of this amendment3460
September 23, 2008. To establish the board, the board of county 3461
commissioners shall adopt a resolution providing for the board's 3462
establishment. The composition of the board, the procedures for 3463
appointing members, and all other matters related to the board and 3464
its members are subject to section 340.02 of the Revised Code, 3465
with the following exceptions:3466

       (a) For initial appointments to the board, the county's 3467
community mental health board and alcohol and drug addiction 3468
services board shall jointly recommend members of those boards for 3469
reappointment and shall submit the recommendations to the board of 3470
county commissioners and the director of mental health and 3471
addiction services.3472

       (b) To the greatest extent possible, the appointing 3473
authorities shall appoint the initial members from among the 3474
members jointly recommended under division (B)(1)(a) of this 3475
section.3476

       (2) If a board of alcohol, drug addiction, and mental health 3477
services is established pursuant to division (B)(1) of this 3478
section, the board has the same rights, privileges, immunities, 3479
powers, and duties that were possessed by the county's community 3480
mental health board and alcohol and drug addiction services board. 3481
When the board is established, all property and obligations of the 3482
community mental health board and alcohol and drug addiction 3483
services board shall be transferred to the board of alcohol, drug 3484
addiction, and mental health services.3485

       Sec. 340.03.  (A) Subject to rules issued by the director of 3486
mental health and addiction services after consultation with 3487
relevant constituencies as required by division (A)(10) of section 3488
5119.21 of the Revised Code, the board of alcohol, drug addiction, 3489
and mental health services shall:3490

       (1) Serve as the community addiction and mental health 3491
services planning agency for the county or counties under its 3492
jurisdiction, and in so doing it shall:3493

       (a) Evaluate the need for facilities and community addiction 3494
and mental health services;3495

       (b) In cooperation with other local and regional planning and 3496
funding bodies and with relevant ethnic organizations, assess the 3497
community addiction and mental health needs, evaluate strengths 3498
and challenges, and set priorities for community addiction and 3499
mental health services, including treatment and prevention. When 3500
the board sets priorities for the operation of addiction services, 3501
the board shall consult with the county commissioners of the 3502
counties in the board's service district regarding the services 3503
described in section 340.15 of the Revised Code and shall give 3504
priority to those services, except that those services shall not 3505
have a priority over services provided to pregnant women under 3506
programs developed in relation to the mandate established in 3507
section 5119.17 of the Revised Code;3508

       (c) In accordance with guidelines issued by the director of 3509
mental health and addiction services after consultation with board 3510
representatives, annually develop and submit to the department of 3511
mental health and addiction services a community addiction and 3512
mental health services plan listing community addiction and mental 3513
health services needs, including the needs of all residents of the 3514
district currently receiving inpatient services in state-operated 3515
hospitals, the needs of other populations as required by state or 3516
federal law or programs, the needs of all children subject to a 3517
determination made pursuant to section 121.38 of the Revised Code, 3518
and priorities for facilities and community addiction and mental 3519
health services during the period for which the plan will be in 3520
effect.3521

       In alcohol, drug addiction, and mental health service 3522
districts that have separate alcohol and drug addiction services 3523
and community mental health boards, the alcohol and drug addiction 3524
services board shall submit a community addiction services plan 3525
and the community mental health board shall submit a community 3526
mental health services plan. Each board shall consult with its 3527
counterpart in developing its plan and address the interaction 3528
between the local addiction services and mental health services 3529
systems and populations with regard to needs and priorities in 3530
developing its plan.3531

        The department shall approve or disapprove the plan, in whole 3532
or in part, according to the criteria developed pursuant to 3533
section 5119.22 of the Revised Code. Eligibility for state and 3534
federal funding shall be contingent upon an approved plan or 3535
relevant part of a plan. 3536

       If a board determines that it is necessary to amend a plan 3537
that has been approved under this division, the board shall submit 3538
a proposed amendment to the director. The director may approve or 3539
disapprove all or part of the amendment. The director shall inform 3540
the board of the reasons for disapproval of all or part of an 3541
amendment and of the criteria that must be met before the 3542
amendment may be approved. The director shall provide the board an 3543
opportunity to present its case on behalf of the amendment. The 3544
director shall give the board a reasonable time in which to meet 3545
the criteria, and shall offer the board technical assistance to 3546
help it meet the criteria.3547

       The board shall operate in accordance with the plan approved 3548
by the department.3549

       (d) Promote, arrange, and implement working agreements with 3550
social agencies, both public and private, and with judicial 3551
agencies.3552

       (2) Investigate, or request another agency to investigate, 3553
any complaint alleging abuse or neglect of any person receiving 3554
services from a community addiction or mental health services 3555
provider certified under section 5119.36 of the Revised Code or 3556
alleging abuse or neglect of a resident receiving addiction 3557
services or with mental illness or severe mental disability 3558
residing in a residential facility licensed under section 5119.34 3559
of the Revised Code. If the investigation substantiates the charge 3560
of abuse or neglect, the board shall take whatever action it 3561
determines is necessary to correct the situation, including 3562
notification of the appropriate authorities. Upon request, the 3563
board shall provide information about such investigations to the 3564
department.3565

       (3) For the purpose of section 5119.36 of the Revised Code, 3566
cooperate with the director of mental health and addiction 3567
services in visiting and evaluating whether the services of a 3568
community addiction or mental health services provider satisfy the 3569
certification standards established by rules adopted under that 3570
section;3571

       (4) In accordance with criteria established under division 3572
(E) of section 5119.22 of the Revised Code, conduct program audits 3573
that review and evaluate the quality, effectiveness, and 3574
efficiency of services provided through its community addiction 3575
and mental health contracted services and submit its findings and 3576
recommendations to the department of mental health and addiction 3577
services;3578

       (5) In accordance with section 5119.34 of the Revised Code, 3579
review an application for a residential facility license and 3580
provide to the department of mental health and addiction services 3581
any information about the applicant or facility that the board 3582
would like the department to consider in reviewing the 3583
application;3584

       (6) Audit, in accordance with rules adopted by the auditor of 3585
state pursuant to section 117.20 of the Revised Code, at least 3586
annually all programs and services provided under contract with 3587
the board. In so doing, the board may contract for or employ the 3588
services of private auditors. A copy of the fiscal audit report 3589
shall be provided to the director of mental health and addiction 3590
services, the auditor of state, and the county auditor of each 3591
county in the board's district. 3592

       (7) Recruit and promote local financial support for addiction 3593
and mental health services from private and public sources;3594

       (8)(a) Enter into contracts with public and private 3595
facilities for the operation of facility services and enter into 3596
contracts with public and private community addiction and mental 3597
health service providers for the provision of community addiction 3598
and mental health services. The board may not contract with a 3599
residential facility subject to section 5119.34 of the Revised 3600
Code unless the facility is licensed by the director of mental 3601
health and addiction services and may not contract with a 3602
community addiction or mental health services provider to provide 3603
community addiction or mental health services unless the services 3604
are certified by the director of mental health and addiction 3605
services under section 5119.36 of the Revised Code. Section 307.86 3606
of the Revised Code does not apply to contracts entered into under 3607
this division. In contracting with a community addiction or mental 3608
health services provider, a board shall consider the cost 3609
effectiveness of services provided by that provider and the 3610
quality and continuity of care, and may review cost elements, 3611
including salary costs, of the services to be provided. A 3612
utilization review process may be established as part of the 3613
contract for services entered into between a board and a community 3614
addiction or mental health services provider. The board may 3615
establish this process in a way that is most effective and 3616
efficient in meeting local needs. 3617

       If either the board or a facility or community addiction or 3618
mental health services provider with which the board contracts 3619
under this division proposes not to renew the contract or proposes 3620
substantial changes in contract terms, the other party shall be 3621
given written notice at least one hundred twenty days before the 3622
expiration date of the contract. During the first sixty days of 3623
this one hundred twenty-day period, both parties shall attempt to 3624
resolve any dispute through good faith collaboration and 3625
negotiation in order to continue to provide services to persons in 3626
need. If the dispute has not been resolved sixty days before the 3627
expiration date of the contract, either party may notify the 3628
department of mental health and addiction services of the 3629
unresolved dispute. The director may require both parties to 3630
submit the dispute to a third party with the cost to be shared by 3631
the board and the facility or provider. The third party shall 3632
issue to the board, the facility or provider, and the department 3633
recommendations on how the dispute may be resolved twenty days 3634
prior to the expiration date of the contract, unless both parties 3635
agree to a time extension. The director shall adopt rules 3636
establishing the procedures of this dispute resolution process.3637

       (b) With the prior approval of the director of mental health 3638
and addiction services, a board may operate a facility or provide 3639
a community addiction or mental health service as follows, if 3640
there is no other qualified private or public facility or 3641
community addiction or mental health services provider that is 3642
immediately available and willing to operate such a facility or 3643
provide the service:3644

       (i) In an emergency situation, any board may operate a 3645
facility or provide a community addiction or mental health service 3646
in order to provide essential services for the duration of the 3647
emergency;3648

       (ii) In a service district with a population of at least one 3649
hundred thousand but less than five hundred thousand, a board may 3650
operate a facility or provide a community addiction or mental 3651
health service for no longer than one year;3652

       (iii) In a service district with a population of less than 3653
one hundred thousand, a board may operate a facility or provide a 3654
community addiction or mental health service for no longer than 3655
one year, except that such a board may operate a facility or 3656
provide a community addiction or mental health service for more 3657
than one year with the prior approval of the director and the 3658
prior approval of the board of county commissioners, or of a 3659
majority of the boards of county commissioners if the district is 3660
a joint-county district.3661

       The director shall not give a board approval to operate a 3662
facility or provide a community addiction or mental health service 3663
under division (A)(8)(b)(ii) or (iii) of this section unless the 3664
director determines that it is not feasible to have the department 3665
operate the facility or provide the service.3666

       The director shall not give a board approval to operate a 3667
facility or provide a community addiction or mental health service 3668
under division (A)(8)(b)(iii) of this section unless the director 3669
determines that the board will provide greater administrative 3670
efficiency and more or better services than would be available if 3671
the board contracted with a private or public facility or 3672
community addiction or mental health services provider.3673

       The director shall not give a board approval to operate a 3674
facility previously operated by a person or other government 3675
entity unless the board has established to the director's 3676
satisfaction that the person or other government entity cannot 3677
effectively operate the facility or that the person or other 3678
government entity has requested the board to take over operation 3679
of the facility. The director shall not give a board approval to 3680
provide a community addiction or mental health service previously 3681
provided by a community addiction or mental health services 3682
provider unless the board has established to the director's 3683
satisfaction that the provider cannot effectively provide the 3684
service or that the provider has requested the board take over 3685
providing the service.3686

       The director shall review and evaluate a board's operation of 3687
a facility and provision of community addiction or mental health 3688
service under division (A)(8)(b) of this section.3689

       Nothing in division (A)(8)(b) of this section authorizes a 3690
board to administer or direct the daily operation of any facility 3691
or community addiction or mental health services provider, but a 3692
facility or provider may contract with a board to receive 3693
administrative services or staff direction from the board under 3694
the direction of the governing body of the facility or provider.3695

       (9) Approve fee schedules and related charges or adopt a unit 3696
cost schedule or other methods of payment for contract services 3697
provided by community addiction or mental health services 3698
providers in accordance with guidelines issued by the department 3699
as necessary to comply with state and federal laws pertaining to 3700
financial assistance;3701

       (10) Submit to the director and the county commissioners of 3702
the county or counties served by the board, and make available to 3703
the public, an annual report of the services under the 3704
jurisdiction of the board, including a fiscal accounting;3705

       (11) Establish, to the extent resources are available, a full 3706
spectrum of care for all levels of treatment services for opioid 3707
and co-occurring drug addiction and a continuum of care, which 3708
providesfor other services that provide for prevention, 3709
treatment, support, and rehabilitation services and opportunities. 3710
The essential elements of the full spectrum and continuum of care3711
include, but are not limited to, the following components in 3712
accordance with section 5119.21 of the Revised Code:3713

       (a) To locate persons in need of addiction or mental health 3714
services to inform them of available services and benefits;3715

       (b) Assistance for persons receiving services to obtain 3716
services necessary to meet basic human needs for food, clothing, 3717
shelter, medical care, personal safety, and income;3718

       (c) Addiction and mental health services, including, but not 3719
limited to, outpatient, residential, partial hospitalization, and, 3720
where appropriate, inpatient (where appropriate), and any other 3721
type of addiction and mental health care;3722

       (d) Emergency services and crisis intervention;3723

       (e) Assistance for persons receiving services to obtain 3724
vocational services and opportunities for jobs;3725

       (f) The provision of services designed to develop social, 3726
community, and personal living skills;3727

       (g) Access to a wide range of housing and the provision of 3728
residential treatment and support;3729

       (h) Support, assistance, consultation, and education for 3730
families, friends, persons receiving addiction or mental health 3731
services, and others;3732

       (i) Recognition and encouragement of families, friends, 3733
neighborhood networks, especially networks that include racial and 3734
ethnic minorities, churches, community organizations, and 3735
community employment as natural supports for persons receiving 3736
addiction or mental health services;3737

       (j) Grievance procedures and protection of the rights of 3738
persons receiving addiction or mental health services;3739

       (k) Community psychiatric supportive treatment services, 3740
which includes continual individualized assistance and advocacy to 3741
ensure that needed services are offered and procured;3742

       (l) Any additional component the department determines is 3743
necessary to establish a full spectrum of care for all levels of 3744
treatment services for opioid and co-occurring drug addiction and 3745
a continuum of care for other services.3746

       (12) Establish a method for evaluating referrals for 3747
involuntary commitment and affidavits filed pursuant to section 3748
5122.11 of the Revised Code in order to assist the probate 3749
division of the court of common pleas in determining whether there 3750
is probable cause that a respondent is subject to involuntary 3751
hospitalization and what alternative treatment is available and 3752
appropriate, if any;3753

       (13) Designate the treatment services, provider, facility, or 3754
other placement for each person involuntarily committed to the 3755
board pursuant to Chapter 5122. of the Revised Code. The board 3756
shall provide the least restrictive and most appropriate 3757
alternative that is available for any person involuntarily 3758
committed to it and shall assure that the listed services 3759
submitted and approved in accordance with division (B) of section 3760
340.08 of the Revised Code are available to severely mentally 3761
disabled persons residing within its service district. The board 3762
shall establish the procedure for authorizing payment for 3763
services, which may include prior authorization in appropriate 3764
circumstances. The board may provide for services directly to a 3765
severely mentally disabled person when life or safety is 3766
endangered and when no community mental health services provider 3767
is available to provide the service.3768

       (14) Ensure that apartments or rooms built, subsidized, 3769
renovated, rented, owned, or leased by the board or a community 3770
addiction or mental health services provider have been approved as 3771
meeting minimum fire safety standards and that persons residing in 3772
the rooms or apartments are receiving appropriate and necessary 3773
services, including culturally relevant services, from a community 3774
addiction or mental health services provider. This division does 3775
not apply to residential facilities licensed pursuant to section 3776
5119.34 of the Revised Code.3777

       (15) Establish a mechanism for obtaining advice and 3778
involvement of persons receiving publicly funded addiction or 3779
mental health services on matters pertaining to addiction and 3780
mental health services in the alcohol, drug addiction, and mental 3781
health service district;3782

       (16) Perform the duties required by rules adopted under 3783
section 5119.22 of the Revised Code regarding referrals by the 3784
board or mental health services providers under contract with the 3785
board of individuals with mental illness or severe mental 3786
disability to residential facilities as defined in division 3787
(A)(9)(b)(iii) of section 5119.34 of the Revised Code and 3788
effective arrangements for ongoing mental health services for the 3789
individuals. The board is accountable in the manner specified in 3790
the rules for ensuring that the ongoing mental health services are 3791
effectively arranged for the individuals.3792

       (B) The board shall establish such rules, operating 3793
procedures, standards, and bylaws, and perform such other duties 3794
as may be necessary or proper to carry out the purposes of this 3795
chapter.3796

       (C) A board of alcohol, drug addiction, and mental health 3797
services may receive by gift, grant, devise, or bequest any 3798
moneys, lands, or property for the benefit of the purposes for 3799
which the board is established, and may hold and apply it 3800
according to the terms of the gift, grant, or bequest. All money 3801
received, including accrued interest, by gift, grant, or bequest 3802
shall be deposited in the treasury of the county, the treasurer of 3803
which is custodian of the alcohol, drug addiction, and mental 3804
health services funds to the credit of the board and shall be 3805
available for use by the board for purposes stated by the donor or 3806
grantor.3807

       (D) No board member or employee of a board of alcohol, drug 3808
addiction, and mental health services shall be liable for injury 3809
or damages caused by any action or inaction taken within the scope 3810
of the board member's official duties or the employee's 3811
employment, whether or not such action or inaction is expressly 3812
authorized by this section or any other section of the Revised 3813
Code, unless such action or inaction constitutes willful or wanton 3814
misconduct. Chapter 2744. of the Revised Code applies to any 3815
action or inaction by a board member or employee of a board taken 3816
within the scope of the board member's official duties or 3817
employee's employment. For the purposes of this division, the 3818
conduct of a board member or employee shall not be considered 3819
willful or wanton misconduct if the board member or employee acted 3820
in good faith and in a manner that the board member or employee 3821
reasonably believed was in or was not opposed to the best 3822
interests of the board and, with respect to any criminal action or 3823
proceeding, had no reasonable cause to believe the conduct was 3824
unlawful.3825

       (E) The meetings held by any committee established by a board 3826
of alcohol, drug addiction, and mental health services shall be 3827
considered to be meetings of a public body subject to section 3828
121.22 of the Revised Code.3829

       Sec. 340.08.  In accordance with rules or guidelines issued 3830
by the director of mental health and addiction services, each 3831
board of alcohol, drug addiction, and mental health services shall 3832
do all of the following:3833

       (A) Submit to the department of mental health and addiction 3834
services a report of receipts and expenditures for all federal, 3835
state, and local moneys the board expects to receive;.3836

       (1) The report shall identify funds the board has available 3837
for the full spectrum of care for all levels of treatment services 3838
for opioid and co-occurring drug addiction required by division 3839
(B) of section 340.09 of the Revised Code.3840

       (2) The report shall identify funds the board and public 3841
children services agencies in the board's service district have 3842
available to fund jointly the services described in section 340.15 3843
of the Revised Code.3844

       (2)(3) The board's proposed budget for expenditures of state 3845
and federal funds distributed to the board by the department shall 3846
be deemed an application for funds, and the department shall 3847
approve or disapprove the budget for these expenditures. The 3848
department shall inform the board of the reasons for disapproval 3849
of the budget for the expenditure of state and federal funds and 3850
of the criteria that must be met before the budget may be 3851
approved. The director shall provide the board an opportunity to 3852
present its case on behalf of the submitted budget. The director 3853
shall give the board a reasonable time in which to meet the 3854
criteria and shall offer the board technical assistance to help it 3855
meet the criteria.3856

        If a board determines that it is necessary to amend a budget 3857
that has been approved under this section, the board shall submit 3858
a proposed amendment to the director. The director may approve or 3859
disapprove all or part of the amendment. The director shall inform 3860
the board of the reasons for disapproval of all or part of the 3861
amendment and of the criteria that must be met before the 3862
amendment may be approved. The director shall provide the board an 3863
opportunity to present its case on behalf of the amendment. The 3864
director shall give the board a reasonable time in which to meet 3865
the criteria and shall offer the board technical assistance to 3866
help it meet the criteria.3867

       (3)(4) The director of mental health and addiction services, 3868
in whole or in part, may withhold funds otherwise to be allocated 3869
to a board of alcohol, drug addiction, and mental health services 3870
under Chapter 5119. of the Revised Code if the board's use of 3871
state and federal funds fails to comply with the approved budget, 3872
as it may be amended with the approval of the department. However, 3873
the director shall withhold all such funds from the board if the 3874
board fails to make the full spectrum of care for all levels of 3875
treatment services for opioid and co-occurring drug addiction 3876
available in the board's district in accordance with division (B) 3877
of section 340.09 of the Revised Code.3878

       (B) Submit to the department a statement identifying the 3879
services described in section 340.09 of the Revised Code the board 3880
intends to make available. The board shall include the full 3881
spectrum of care for all levels of treatment services for opioid 3882
and co-occurring drug addiction required by division (B) of 3883
section 340.09 of the Revised Code, crisis intervention services 3884
for individuals in emergency situations, and services required 3885
pursuant to section 340.15 of the Revised Code, and the. The board 3886
shall explain the manner in which the board intends to make such 3887
services available. The list of services shall be compatible with 3888
the budget submitted pursuant to division (A) of this section. The 3889
department shall approve or disapprove the proposed listing of 3890
services to be made available. The department shall inform the 3891
board of the reasons for disapproval of the listing of proposed 3892
services and of the criteria that must be met before listing of 3893
proposed services may be approved. The director shall provide the 3894
board an opportunity to present its case on behalf of the 3895
submitted listing of proposed services. The director shall give 3896
the board a reasonable time in which to meet the criteria and 3897
shall offer the board technical assistance to help it meet the 3898
criteria.3899

       (C) Enter into a continuity of care agreement with the state 3900
institution operated by the department of mental health and 3901
addiction services and designated as the institution serving the 3902
district encompassing the board's service district. The continuity 3903
of care agreement shall outline the department's and the board's 3904
responsibilities to plan for and coordinate with each other to 3905
address the needs of board residents who are patients in the 3906
institution, with an emphasis on managing appropriate hospital bed 3907
day use and discharge planning. The continuity of care agreement 3908
shall not require the board to provide services other than those 3909
on the list of services submitted by the board and approved by the 3910
department pursuant to division (B) of this section.3911

       (D) In conjunction with the department of mental health and 3912
addiction services, operate a coordinated system for tracking and 3913
monitoring persons found not guilty by reason of insanity and 3914
committed pursuant to section 2945.40 of the Revised Code who have 3915
been granted a conditional release and persons found incompetent 3916
to stand trial and committed pursuant to section 2945.39 of the 3917
Revised Code who have been granted a conditional release. The 3918
system shall do all of the following:3919

       (1) Centralize responsibility for the tracking of those 3920
persons;3921

       (2) Provide for uniformity in monitoring those persons;3922

       (3) Provide a mechanism to allow prompt rehospitalization, 3923
reinstitutionalization, or detention when a violation of the 3924
conditional release or decompensation occurs.3925

       (E) Submit to the department a report summarizing complaints 3926
and grievances received by the board concerning the rights of 3927
persons seeking or receiving services, investigations of 3928
complaints and grievances, and outcomes of the investigations.3929

       (F) Provide to the department information to be submitted to 3930
the community addiction and mental health information system or 3931
systems established by the department under Chapter 5119. of the 3932
Revised Code.3933

       (G) Annually, and upon any change in membership, submit to 3934
the department a list of all current members of the board of 3935
alcohol, drug addiction, and mental health services, including the 3936
appointing authority for each member, and the member's specific 3937
qualification for appointment pursuant to section 340.02 or 3938
340.021 of the Revised Code, if applicable.3939

       (H) Submit to the department other information as is 3940
reasonably required for purposes of the department's operations, 3941
service evaluation, reporting activities, research, system 3942
administration, and oversight.3943

       Sec. 340.09.  (A) The department of mental health and 3944
addiction services shall provide assistance to any county for the3945
all of the following from funds the general assembly appropriates 3946
for these purposes:3947

       (1) The operation of boardsthe board of alcohol, drug 3948
addiction, and mental health services, the provision of services3949
serving the county;3950

       (2) The full spectrum of care for all levels of treatment 3951
services for opioid and co-occurring drug addiction that are 3952
approved by the department and made available in the county by the 3953
board serving the county;3954

       (3) The continuum of care for other services that are3955
approved by the department within the continuum of care, theand 3956
made available in the county by the board serving the county;3957

       (4) The provision of approved support functions, and the;3958

       (5) The partnership in, or support for, approved continuum of 3959
care-related activities from funds appropriated for that purpose 3960
by the general assemblyrelated to the full spectrum of all levels 3961
of treatment services for opioid and co-occurring drug addiction 3962
and the continuum of care of other services.3963

       (B) The full spectrum of care for all levels of treatment 3964
services for opioid and co-occurring drug addiction shall include 3965
at least ambulatory and sub-acute detoxification, non-intensive 3966
and intensive outpatient services, medication-assisted treatment, 3967
peer mentoring, residential treatment services, recovery housing 3968
pursuant to section 340.092 of the Revised Code, and twelve-step 3969
approaches. The treatment services shall be made available in the 3970
service district of each board, except that a treatment consisting 3971
of sub-acute detoxification or residential treatment services for 3972
opioid and co-occurring drug addiction is not required to be 3973
available in a board's service district if the board has a 3974
contract with one or more providers of sub-acute detoxification or 3975
residential treatment services for opioid and co-occurring drug 3976
addiction located in other service districts. The treatment 3977
services shall be made available in a manner that ensures that 3978
service recipients are able to access the services they need for 3979
opioid and co-occurring drug addiction in an integrated manner and 3980
without delay when changing or obtaining additional treatment 3981
services for such addiction. A treatment service for opioid and 3982
co-occurring drug addiction shall not be excluded from the full 3983
spectrum of care on the basis that the treatment service 3984
previously failed.3985

       (C) Categories in the continuum of care for other services3986
may include the following:3987

       (1) Inpatient;3988

        (2) Sub-acute detoxification;3989

       (3) Residential;3990

        (3)(4) Outpatient treatment;3991

       (4)(5) Intensive and other supports;3992

       (5)(6) Recovery support;3993

       (6)(7) Prevention and wellness management.3994

       (C)(D) Support functions may include the following:3995

       (1) Consultation;3996

       (2) Research;3997

       (3) Administrative;3998

       (4) Referral and information;3999

       (5) Training;4000

       (6) Service and program evaluation.4001

       Sec. 340.092.  All of the following apply to the recovery 4002
housing that each board of alcohol, drug addiction, and mental 4003
health services shall include in the full spectrum of care for all 4004
levels of treatment services for opioid and co-occurring drug 4005
addiction under division (B) of section 340.09 of the Revised 4006
Code:4007

       (A) The recovery housing shall not be owned or operated by a 4008
residential facility as defined in section 5119.34 of the Revised 4009
Code and instead shall be owned and operated by the following:4010

       (1) Except as provided in division (A)(2) of this section, a 4011
community addiction services provider or other local 4012
nongovernmental organization (including a peer-run recovery 4013
organization), as appropriate to the needs of the board's service 4014
district;4015

       (2) The board, if either of the following applies:4016

       (a) The board owns and operates the recovery housing on the 4017
effective date of this section.4018

       (b) The board determines that there is an emergency need for 4019
the board to assume the ownership and operation of the recovery 4020
housing such as when an existing owner and operator of the 4021
recovery housing goes out of business, and the board considers the 4022
assumption of ownership and operation of the recovery housing to 4023
be its last resort.4024

       (B) The recovery housing shall have protocols for all of the 4025
following:4026

       (1) Administrative oversight;4027

       (2) Quality standards;4028

       (3) Policies and procedures, including house rules, for its 4029
residents to which the residents must agree to adhere.4030

       (C) Individuals recovering from opioid or co-occurring drug 4031
addiction shall have priority in admission to the recovery 4032
housing, but an individual recovering from other drug addictions 4033
may be admitted if an available slot is not needed for an 4034
individual recovering from opioid or co-occurring drug addiction.4035

       (D) Family members of the recovery housing's residents may 4036
reside in the recovery housing to the extent the recovery 4037
housing's protocols permit.4038

       (E) The recovery housing shall not limit a resident's 4039
duration of stay to an arbitrary or fixed amount of time. Instead, 4040
each resident's duration of stay shall be determined by the 4041
resident's needs, progress, and willingness to abide by the 4042
recovery housing's protocols, in collaboration with the recovery 4043
housing's owner, and, if appropriate, in consultation and 4044
integration with a community addiction services provider.4045

       (F) The recovery housing's residents may receive 4046
medication-assisted treatment while residing in the recovery 4047
housing.4048

       (G) The recovery housing is not subject to certification by 4049
the department of mental health and addiction services under 4050
section 5119.36 of the Revised Code.4051

       Sec. 340.093.  If the amount of funds that a board of 4052
alcohol, drug addiction, and mental health services has for the 4053
board's full spectrum of care for all levels of treatment services 4054
for opioid and co-occurring drug addiction is greater than the 4055
amount needed to provide the treatment services to all eligible 4056
individuals with opioid and co-occurring drug addictions who apply 4057
to the board for the treatment services, the board may use the 4058
excess funds to provide the treatment services to other eligible 4059
individuals with alcohol or other types of drug addictions.4060

       Sec. 340.15.  (A) A public children services agency that 4061
identifies a child by a risk assessment conducted pursuant to 4062
section 5153.16 of the Revised Code as being at imminent risk of 4063
being abused or neglected because of an addiction of a parent, 4064
guardian, or custodian of the child to a drug of abuse or alcohol 4065
shall refer the child's addicted parent, guardian, or custodian 4066
and, if the agency determines that the child needs alcohol or 4067
other drug addiction services, the child to a community addiction 4068
services provider certified by the department of mental health and 4069
addiction services under section 5119.36 of the Revised Code. A 4070
public children services agency that is sent a court order issued 4071
pursuant to division (B) of section 2151.3514 of the Revised Code 4072
shall refer the addicted parent or other caregiver of the child 4073
identified in the court order to a community addiction services 4074
provider certified by the department of mental health and 4075
addiction services under section 5119.36 of the Revised Code. On 4076
receipt of a referral under this division and to the extent 4077
funding identified under division (A)(1)(2) of section 340.08 of 4078
the Revised Code is available, the provider shall provide the 4079
following services to the addicted parent, guardian, custodian, or 4080
caregiver and child in need of addiction services:4081

       (1) If it is determined pursuant to an initial screening to 4082
be needed, assessment and appropriate treatment; 4083

       (2) Documentation of progress in accordance with a treatment 4084
plan developed for the addicted parent, guardian, custodian, 4085
caregiver, or child;4086

       (3) If the referral is based on a court order issued pursuant 4087
to division (B) of section 2151.3514 of the Revised Code and the 4088
order requires the specified parent or other caregiver of the 4089
child to submit to alcohol or other drug testing during, after, or 4090
both during and after, treatment, testing in accordance with the 4091
court order.4092

       (B) The services described in division (A) of this section 4093
shall have a priority as provided in the addiction and mental 4094
health services plan and budget established pursuant to sections 4095
340.03 and 340.08 of the Revised Code. Once a referral has been 4096
received pursuant to this section, the public children services 4097
agency and the addiction services provider shall, in accordance 4098
with 42 C.F.R. Part 2, share with each other any information 4099
concerning the persons and services described in that division 4100
that the agency and provider determine are necessary to share. If 4101
the referral is based on a court order issued pursuant to division 4102
(B) of section 2151.3514 of the Revised Code, the results and 4103
recommendations of the addiction services provider also shall be 4104
provided and used as described in division (D) of that section. 4105
Information obtained or maintained by the agency or provider 4106
pursuant to this section that could enable the identification of 4107
any person described in division (A) of this section is not a 4108
public record subject to inspection or copying under section 4109
149.43 of the Revised Code.4110

       Sec. 340.20.  (A) In accordance with the rules adopted under 4111
section 5119.363 of the Revised Code, each board of alcohol, drug 4112
addiction, and mental health services monthly shall do all of the 4113
following:4114

       (1) Compile on an aggregate basis the information the board 4115
receives that month from community addiction services providers 4116
under section 5119.362 of the Revised Code;4117

       (2) Determine the number of applications for a treatment 4118
service included in the full spectrum of care required by division 4119
(B) of section 340.09 of the Revised Code that the board received 4120
in the immediately preceding month and that the board denied that 4121
month, each type of treatment service so denied, and the reasons 4122
for the denials;4123

       (3) Subject to division (B) of this section, report all of 4124
the following to the department of mental health and addiction 4125
services:4126

       (a) The information that the board compiles under division 4127
(A)(1) of this section that month;4128

       (b) The information that the board determines under division 4129
(A)(2) of this section that month;4130

       (c) All other information required by the rules.4131

       (B) Each board shall report the information required by 4132
division (A)(3) of this section as follows:4133

       (1) In an electronic format;4134

       (2) In a manner that maintains the confidentiality of all 4135
individuals for whom information is included in the report;4136

       (3) In a manner that presents the information about the 4137
individuals whose information is included in the report by their 4138
counties of residence.4139

       Sec. 757.03.  As used in sections 757.03 to 757.08 of the 4140
Revised Code, "area arts council" means an arts council or other 4141
organization the purpose of which is to foster and encourage the 4142
development of the arts, including but not limited to, literature, 4143
theater, music, the dance, painting, sculpture, photography, 4144
architecture, and motion pictures.4145

       In any city or county in which there is a symphony 4146
association, area arts council, art museum, or other similar 4147
organization, which is incorporated under sections 1702.01 to 4148
1702.58 of the Revised Code, without purpose of profit to any 4149
private member or individual, but organized for the purpose of the 4150
cultivation and performance of instrumental music, the promotion 4151
of the arts, or to maintain a symphony orchestra, the board of 4152
education of any school district in such city or the educational 4153
service center governing board serving such county, or both, may 4154
pay the symphony association, council, art museum, or other 4155
organization annually, in quarterly installments, in the case of a 4156
school district board of education, a sum of not to exceed one 4157
half of one cent on each one hundred dollars of the taxable 4158
property of the district and, in the case of an educational 4159
service center governing board, a sum of not to exceed one half of 4160
one cent on each one hundred dollars of the taxable property of 4161
the territory of the service center, as valued on the tax 4162
duplicate for the next year before the date of the payment. In 4163
order to qualify for such payments, the symphony association, arts 4164
council, art museum, or other organization shall, by proper 4165
resolution of its board of trustees or other governing body, 4166
accept all applicable provisions of sections 757.03 to 757.08 of 4167
the Revised Code, and file a certified copy of the resolution with 4168
the board of education of such district or with the governing 4169
board of such educational service center prior to the date of any 4170
payment. The first of such payments may be made in the year after 4171
the filing of such certified copy.4172

       Sec. 757.04.  No symphony association, area arts council, art 4173
museum, or other similar organization may receive any of the 4174
payments provided for in section 757.03 of the Revised Code until 4175
the symphony association, council, art museum, or organization, by 4176
a proper resolution adopted by its board of trustees or other 4177
governing body, has tendered to the appropriate board of education 4178
or the educational service center governing board the following:4179

       (A) The right to nominate as trustees or as members of any 4180
other governing body of the symphony association, council, art 4181
museum, or organization three members consisting of the following:4182

       (1) One member of the board of education or the educational 4183
service center governing board;4184

       (2) Either the superintendent of schools of the school 4185
district or an educational service center, or an assistant 4186
superintendent of schools of the district or an educational 4187
service center;4188

       (3) One member of the music department of the schools 4189
maintained by the board of education, to be selected by the 4190
superintendent, all three of whom so nominated shall thereupon be 4191
elected as trustees or as members of any other governing body.4192

       (B) The right to nominate for membership on the executive 4193
committee of the symphony association, council, art museum, or 4194
organization one of the three trustees of the symphony 4195
association, council, art museum, or organization, representing 4196
the board of education or the educational service center governing 4197
board as the trustees pursuant to division (A) of this section, 4198
who shall thereupon be elected a member of the executive 4199
committee;4200

       (C) The right to require the orchestra maintained by the 4201
symphony association or any performing groups maintained by the 4202
council, art museum, or organization to provide such feasible 4203
performances for the public schools or for local school districts 4204
within the educational service center system maintained or 4205
supervised by the educational service center governing board, as 4206
in the joint judgment of the board of trustees of the symphony 4207
association, council, art museum, or organization, the 4208
superintendent, and the board of education of the school district 4209
or the educational service center governing board, will serve the 4210
largest interest of the school children of the school district or 4211
the area served by the educational service center.4212

       A copy of the resolution, certified by the president and 4213
secretary of the symphony association, council, art museum, or 4214
organization, shall be filed in the office of the board of 4215
education or in the office of the educational service center 4216
governing board as a condition precedent to the receipt by the 4217
association, council, art museum, or organization of any payments.4218

       Sec. 757.05.  In any city or county in which there is a 4219
symphony association, an area arts council, an art museum, or 4220
other similar organization which is incorporated, organized, and 4221
operated in the manner and for the purposes stated in section 4222
757.03 of the Revised Code, such city or county, or both, may pay 4223
the symphony association, council, art museum, or organization 4224
annually, in quarterly installments, in the case of a city, a sum 4225
not to exceed one half of one cent on each one hundred dollars of 4226
taxable property of the city as valuevalued on the tax duplicate 4227
of the city or, in the case of a county, a sum not to exceed one 4228
half of one cent on each one hundred dollars of the taxable 4229
property of the county for the year next before the date of each 4230
payment. In order to qualify for such payments, the symphony 4231
association, council, art museum, or organization shall, by a 4232
proper resolution of its board of trustees or other governing 4233
body, accept all applicable provisions of sections 757.03 to 4234
757.08 of the Revised Code and file a certified copy of the 4235
resolution with the controller of the city or the board of county 4236
commissioners prior to the date of any payment. The first of such 4237
payments may be made in the year after the filing of such 4238
certified copy.4239

       Sec. 757.06.  No symphony association, area arts council, art 4240
museum, or other similar organization may receive any of the 4241
payments provided for in section 757.05 of the Revised Code until 4242
the symphony association, council, art museum, or organization, by 4243
a proper resolution adopted by its board of trustees or other 4244
governing body, has tendered to the mayor, or to the legislative 4245
authority of the city if there is no mayor, or to the board of 4246
county commissioners, the following:4247

       (A) The right to nominate as trustees or as members of any 4248
other governing body of the symphony association, council, art 4249
museum, or organization, three members to be appointed by the 4250
mayor, or by the legislative authority of the city if there is no 4251
mayor, or by the board of county commissioners, one of which 4252
nominees may, in the discretion of such mayor or legislative 4253
authority, or board of county commissioners, be the mayor, or a 4254
member of the legislative authority, or the board of county 4255
commissioners, all three of whom so nominated shall thereupon be 4256
elected as trustees or as members of any other governing body;4257

       (B) The right to nominate for membership on the executive 4258
committee of the symphony association, council, art museum, or 4259
organization, one of the three trustees of the symphony 4260
association, council, art museum, or organization, representing 4261
the city or county as the trustees pursuant to division (A) of 4262
this section, which nominee may, in the discretion of the mayor or 4263
the legislative authority of the city if there is no mayor, or the 4264
board of county commissioners, be the mayor, or a member of the 4265
legislative authority, or the board of county commissioners, which 4266
nominee shall thereupon be elected a member of the executive 4267
committee;4268

       (C) The right to require the orchestra maintained by the 4269
symphony association or any performing groups maintained by the 4270
council or organization to provide such feasible popular 4271
performances at low cost, as in the joint judgment of the board of 4272
trustees of the symphony association, council, art museum, or 4273
organization, and the mayor or the legislative authority of the 4274
city if there is no mayor, or the board of county commissioners, 4275
will serve the largest interests of the citizens of the city or 4276
county.4277

       A copy of the resolution, certified by the president and 4278
secretary of the symphony association, council, art museum, or 4279
organization, shall be filed in the office of the city controller 4280
of the city or the board of county commissioners of the county, as 4281
a condition precedent to the receipt by the association or 4282
society, council, art museum, or similar organization of any 4283
payments.4284

       Sec. 757.07.  After any symphony association, area arts 4285
council, art museum, or other similar organization has once filed 4286
with the board of education, the city controller, or the board of 4287
county commissioners the resolutions provided for in sections 4288
757.03 to 757.06 of the Revised Code, it need not renew the same 4289
from year to year, but each original resolution continues in force 4290
for the purposes named until, by like resolution, likewise 4291
certified and filed, any original resolution is revoked or 4292
rescinded.4293

       Sec. 757.08.  So long as any symphony association, area arts 4294
council, art museum, or other similar organization does all the 4295
things it agreed to do as considerations for the benefits to be 4296
received by it under sections 757.03 to 757.08 of the Revised 4297
Code, or is able, willing, and ready to perform the same, the 4298
appropriate board of education and the educational service center 4299
governing board and the city and county may continue to make the 4300
several payments as provided in such sections.4301

       Sec. 1321.535. (A) Each applicant for a mortgage loan 4302
originator license shall submit to a written test that is 4303
developed and approved by the nationwide mortgage licensing system 4304
and registry and administered by a test provider approved by the 4305
nationwide mortgage licensing system and registry based upon 4306
reasonable standards.4307

       (1)(A) The test shall adequately measure the applicant's 4308
knowledge and comprehension in appropriate subject matters, 4309
including ethics and federal and state law related to mortgage 4310
origination, fraud, consumer protection, the nontraditional 4311
mortgage marketplace, and fair lending issues.4312

       (2)(B) An individual shall not be considered to have passed 4313
the test unless the individual achieves a test score ofanswers at 4314
least seventy-five per cent correct answers on allof the4315
questions and at least seventy-five per cent correct answers on 4316
all questions relating to Ohio mortgage lending laws and the Ohio 4317
consumer sales practices act, Chapter 1345. of the Revised Code, 4318
as it applies to registrants and licenseescorrectly.4319

       (3)(C) An individual may retake the test three consecutive 4320
times provided the period between taking the tests is at least 4321
thirty days.4322

       (4)(D) After failing three consecutive tests, an individual 4323
shall be required to wait at least six months before taking the 4324
test again.4325

       (5)(E) If a mortgage loan originator fails to maintain a 4326
valid license for a period of five years or longer, the individual 4327
shall be required to retake the test. For this purpose, any time 4328
during which the individual is a registered mortgage loan 4329
originator shall not be taken into account.4330

       (B) Notwithstanding division (A) of this section, if the 4331
nationwide mortgage licensing system and registry fails to have in 4332
place a testing process that meets the criteria set forth in that 4333
division, the superintendent shall require, until that process is 4334
in place, evidence that the mortgage loan originator applicant 4335
passed a written test acceptable to the superintendent.4336

       Sec. 1321.55.  (A) Every registrant shall keep records 4337
pertaining to loans made under sections 1321.51 to 1321.60 of the 4338
Revised Code. Such records shall be segregated from records 4339
pertaining to transactions that are not subject to these sections 4340
of the Revised Code. Every registrant shall preserve records 4341
pertaining to loans made under sections 1321.51 to 1321.60 of the 4342
Revised Code for at least two years after making the final entry 4343
on such records. Accounting systems maintained in whole or in part 4344
by mechanical or electronic data processing methods that provide 4345
information equivalent to that otherwise required are acceptable 4346
for this purpose. At least once each eighteen-month cycle, the 4347
division of financial institutions shall make or cause to be made 4348
an examination of records pertaining to loans made under sections 4349
1321.51 to 1321.60 of the Revised Code, for the purpose of 4350
determining whether the registrant is complying with these 4351
sections and of verifying the registrant's annual report.4352

       (B)(1) As required by the superintendent of financial 4353
institutions, each registrant shall file with the division each 4354
year aan annual report under oath or affirmation, on forms 4355
supplied by the division, concerning the business and operations 4356
for the preceding calendar year. Whenever a registrant operates 4357
two or more registered offices or whenever two or more affiliated 4358
registrants operate registered offices, then a composite report of 4359
the group of registered offices may be filed in lieu of individual 4360
reports. For purposes of compliance with this requirement, the 4361
superintendent may accept call reports or other reports of 4362
condition submitted to the nationwide mortgage licensing system 4363
and registry in lieu of the annual report.4364

       (2) The divisionsuperintendent shall publish annually an 4365
analysis of the information required under divisiondivisions4366
(B)(1) and (3) of this section, but the individual reports, 4367
whether filed with the superintendent or the nationwide mortgage 4368
licensing system and registry, shall not be public records and 4369
shall not be open to public inspection.4370

       (3) Each mortgage licensee shall submit to the nationwide 4371
mortgage licensing system and registry call reports or other 4372
reports of condition, which shall be in such form and shall 4373
contain such information as the nationwide mortgage licensing 4374
system and registry may require.4375

       (C)(1) The following information is confidential:4376

       (a) Examination information, and any information leading to 4377
or arising from an examination;4378

       (b) Investigation information, and any information arising 4379
from or leading to an investigation.4380

       (2) The information described in division (C)(1) of this 4381
section shall remain confidential for all purposes except when it 4382
is necessary for the superintendent to take official action 4383
regarding the affairs of a registrant or licensee, or in 4384
connection with criminal or civil proceedings to be initiated by a 4385
prosecuting attorney or the attorney general. This information may 4386
also be introduced into evidence or disclosed when and in the 4387
manner authorized by section 1181.25 of the Revised Code.4388

       (D) All application information, except social security 4389
numbers, employer identification numbers, financial account 4390
numbers, the identity of the institution where financial accounts 4391
are maintained, personal financial information, fingerprint cards 4392
and the information contained on such cards, and criminal 4393
background information, is a public record as defined in section 4394
149.43 of the Revised Code.4395

       (E) This section does not prevent the division of financial 4396
institutions from releasing to or exchanging with other financial 4397
institution regulatory authorities information relating to 4398
registrants and licensees. For this purpose, a "financial 4399
institution regulatory authority" includes a regulator of a 4400
business activity in which a registrant or licensee is engaged, or 4401
has applied to engage in, to the extent that the regulator has 4402
jurisdiction over a registrant or licensee engaged in that 4403
business activity. A registrant or licensee is engaged in a 4404
business activity, and a regulator of that business activity has 4405
jurisdiction over the registrant or licensee, whether the 4406
registrant or licensee conducts the activity directly or a 4407
subsidiary or affiliate of the registrant or licensee conducts the 4408
activity. 4409

       (1) Any confidentiality or privilege arising under federal or 4410
state law with respect to any information or material provided to 4411
the nationwide mortgage licensing system and registry shall 4412
continue to apply to the information or material after the 4413
information or material has been provided to the nationwide 4414
mortgage licensing system and registry. The information and 4415
material so provided may be shared with all state and federal 4416
regulatory officials with mortgage industry oversight authority 4417
without the loss of confidentiality or privilege protections 4418
provided by federal law or the law of any state. Information or 4419
material described in division (E)(1) of this section to which 4420
confidentiality or privilege applies shall not be subject to any 4421
of the following: 4422

       (a) Disclosure under any federal or state law governing 4423
disclosure to the public of information held by an officer or an 4424
agency of the federal government or of the respective state; 4425

       (b) Subpoena or discovery, or admission into evidence, in any 4426
private civil action or administrative process, unless the person 4427
to whom such information or material pertains waives, in whole or 4428
in part and at the discretion of the person, any privilege held by 4429
the nationwide mortgage licensing system and registry with respect 4430
to that information or material.4431

       (2) The superintendent, in order to promote more effective 4432
regulation and reduce regulatory burden through supervisory 4433
information sharing, may enter into sharing arrangements with 4434
other governmental agencies, the conference of state bank 4435
supervisors, and the American association of residential mortgage 4436
regulators. 4437

       (3) Any state law, including section 149.43 of the Revised 4438
Code, relating to the disclosure of confidential supervisory 4439
information or any information or material described in division 4440
(C)(1) or (E)(1) of this section that is inconsistent with this 4441
section shall be superseded by the requirements of this section.4442

       (F) This section shall not apply with respect to information 4443
or material relating to the employment history of, and publicly 4444
adjudicated disciplinary and enforcement actions against, mortgage 4445
loan originators that is included in the nationwide mortgage 4446
licensing system and registry for access by the public.4447

       (G) This section does not prevent the division from releasing 4448
information relating to registrants and licensees to the attorney 4449
general, to the superintendent of real estate and professional 4450
licensing for purposes relating to the administration of Chapters 4451
4735. and 4763. of the Revised Code, to the superintendent of 4452
insurance for purposes relating to the administration of Chapter 4453
3953. of the Revised Code, to the commissioner of securities for 4454
purposes relating to the administration of Chapter 1707. of the 4455
Revised Code, or to local law enforcement agencies and local 4456
prosecutors. Information the division releases pursuant to this 4457
section remains confidential.4458

       (H) The superintendent of financial institutions shall, by 4459
rule adopted in accordance with Chapter 119. of the Revised Code, 4460
establish a process by which mortgage loan originators may 4461
challenge information provided to the nationwide mortgage 4462
licensing system and registry by the superintendent. 4463

       (I) No person, in connection with any examination or 4464
investigation conducted by the superintendent under sections 4465
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of 4466
the following:4467

       (1) Circumvent, interfere with, obstruct, or fail to 4468
cooperate, including making a false or misleading statement, 4469
failing to produce records, or intimidating or suborning any 4470
witness;4471

       (2) Withhold, abstract, remove, mutilate, destroy, or secrete 4472
any books, records, computer records, or other information; 4473

       (3) Tamper with, alter, or manufacture any evidence.4474

       Sec. 1322.03.  (A) An application for a certificate of 4475
registration as a mortgage broker shall be in writing, under oath, 4476
and in the form prescribed by the superintendent of financial 4477
institutions. The application shall be accompanied by a 4478
nonrefundable application fee of five hundred dollars for each 4479
location of an office to be maintained by the applicant in 4480
accordance with division (A) of section 1322.02 of the Revised 4481
Code and any additional fee required by the nationwide mortgage 4482
licensing system and registry. The application shall provide all 4483
of the following:4484

       (1) The location or locations where the business is to be 4485
transacted and whether any location is a residence. If any 4486
location where the business is to be transacted is a residence, 4487
the superintendent may require that the application be accompanied 4488
by a copy of a zoning permit authorizing the use of the residence 4489
for commercial purposes, or by a written opinion or other document 4490
issued by the county or political subdivision where the residence 4491
is located certifying that the use of the residence to transact 4492
business as a mortgage broker is not prohibited by the county or 4493
political subdivision. 4494

       (2)(a) In the case of a sole proprietor, the name and address 4495
of the sole proprietor;4496

       (b) In the case of a partnership, the name and address of 4497
each partner;4498

       (c) In the case of a corporation, the name and address of 4499
each shareholder owning five per cent or more of the corporation;4500

       (d) In the case of any other entity, the name and address of 4501
any person that owns five per cent or more of the entity that will 4502
transact business as a mortgage broker.4503

       (3) Each applicant shall designate an employee or owner of 4504
the applicant as the applicant's operations manager. While acting 4505
as the operations manager, the employee or owner shall be licensed 4506
as a loan originator under sections 1322.01 to 1322.12 of the 4507
Revised Code and shall not be employed by any other mortgage 4508
broker.4509

       (4) Evidence that the person designated on the application 4510
pursuant to division (A)(3) of this section possesses at least 4511
three years of experience in the residential mortgage and lending 4512
field, which experience may include employment with or as a 4513
mortgage broker or with a depository institution, mortgage lending 4514
institution, or other lending institution, or possesses at least 4515
three years of other experience related specifically to the 4516
business of residential mortgage loans that the superintendent 4517
determines meets the requirements of division (A)(4) of this 4518
section;4519

       (5) Evidence that the person designated on the application 4520
pursuant to division (A)(3) of this section has successfully 4521
completed the pre-licensing instruction requirements set forth in 4522
section 1322.031 of the Revised Code;4523

       (6) Evidence of compliance with the surety bond requirements 4524
of section 1322.05 of the Revised Code and with sections 1322.01 4525
to 1322.12 of the Revised Code;4526

       (7) In the case of a foreign business entity, evidence that 4527
it maintains a license or registration pursuant to Chapter 1703., 4528
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to 4529
transact business in this state;4530

       (8) Evidence that the applicant's operations manager has 4531
successfully completed the written test required under division 4532
(A) ofby section 1322.051 of the Revised Code;4533

       (9) Any further information that the superintendent requires.4534

       (B) Upon the filing of the application and payment of the 4535
nonrefundable application fee and any fee required by the 4536
nationwide mortgage licensing system and registry, the 4537
superintendent of financial institutions shall investigate the 4538
applicant, and any individual whose identity is required to be 4539
disclosed in the application, as set forth in division (B) of this 4540
section.4541

       (1)(a) Notwithstanding division (K) of section 121.08 of the 4542
Revised Code, the superintendent shall obtain a criminal history 4543
records check and, as part of that records check, request that 4544
criminal record information from the federal bureau of 4545
investigation be obtained. To fulfill this requirement, the 4546
superintendent shall do either of the following:4547

       (i) Request the superintendent of the bureau of criminal 4548
identification and investigation, or a vendor approved by the 4549
bureau, to conduct a criminal records check based on the 4550
applicant's fingerprints or, if the fingerprints are unreadable, 4551
based on the applicant's social security number, in accordance 4552
with division (A)(12) of section 109.572 of the Revised Code;4553

       (ii) Authorize the nationwide mortgage licensing system and 4554
registry to request a criminal history background check. 4555

       (b) Any fee required under division (C)(3) of section 109.572 4556
of the Revised Code or by the nationwide mortgage licensing system 4557
and registry shall be paid by the applicant.4558

       (2) The superintendent shall conduct a civil records check. 4559

       (3) If, in order to issue a certificate of registration to an 4560
applicant, additional investigation by the superintendent outside 4561
this state is necessary, the superintendent may require the 4562
applicant to advance sufficient funds to pay the actual expenses 4563
of the investigation, if it appears that these expenses will 4564
exceed five hundred dollars. The superintendent shall provide the 4565
applicant with an itemized statement of the actual expenses that 4566
the applicant is required to pay.4567

       (C) The superintendent shall pay all funds advanced and 4568
application and renewal fees and penalties the superintendent 4569
receives pursuant to this section and section 1322.04 of the 4570
Revised Code to the treasurer of state to the credit of the 4571
consumer finance fund created in section 1321.21 of the Revised 4572
Code.4573

       (D) If an application for a mortgage broker certificate of 4574
registration does not contain all of the information required 4575
under division (A) of this section, and if that information is not 4576
submitted to the superintendent or to the nationwide mortgage 4577
licensing system and registry within ninety days after the 4578
superintendent or the nationwide mortgage licensing system and 4579
registry requests the information in writing, including by 4580
electronic transmission or facsimile, the superintendent may 4581
consider the application withdrawn.4582

       (E) A mortgage broker certificate of registration and the 4583
authority granted under that certificate is not transferable or 4584
assignable and cannot be franchised by contract or any other 4585
means.4586

       (F) The registration requirements of this chapter apply to 4587
any person acting as a mortgage broker, and no person is exempt 4588
from the requirements of this chapter on the basis of prior work 4589
or employment as a mortgage broker.4590

       (G) The superintendent may establish relationships or enter 4591
into contracts with the nationwide mortgage licensing system and 4592
registry, or any entities designated by it, to collect and 4593
maintain records and process transaction fees or other fees 4594
related to mortgage broker certificates of registration or the 4595
persons associated with a mortgage broker.4596

       Sec. 1322.031. (A) An application for a license as a loan 4597
originator shall be in writing, under oath, and in the form 4598
prescribed by the superintendent of financial institutions. The 4599
application shall be accompanied by a nonrefundable application 4600
fee of one hundred fifty dollars and any additional fee required 4601
by the nationwide mortgage licensing system and registry.4602

       (B)(1) The application shall provide evidence, acceptable to 4603
the superintendent, that the applicant has successfully completed 4604
at least twenty-four hours of pre-licensing instruction consisting 4605
of all of the following:4606

       (a) Twenty hours of instruction in a course or program of 4607
study reviewed and approved by the nationwide mortgage licensing 4608
system and registry;4609

       (b) Four hours of instruction in a course or program of study 4610
reviewed and approved by the superintendent concerning state 4611
lending laws and the Ohio consumer sales practices act, Chapter 4612
1345. of the Revised Code, as it applies to registrants and 4613
licensees.4614

       (2) Notwithstanding division (B)(1) of this section, until 4615
the nationwide mortgage licensing system and registry implements a 4616
review and approval program, the application shall provide 4617
evidence, as determined by the superintendent, that the applicant 4618
has successfully completed at least twenty-four hours of 4619
instruction in a course or program of study approved by the 4620
superintendent that consists of at least all of the following:4621

       (a) Four hours of instruction concerning state and federal 4622
mortgage lending laws, which shall include no less than two hours 4623
on this chapter;4624

       (b) Four hours of instruction concerning the Ohio consumer 4625
sales practices act, Chapter 1345. of the Revised Code, as it 4626
applies to registrants and licensees;4627

       (c) Four hours of instruction concerning the loan application 4628
process;4629

       (d) Two hours of instruction concerning the underwriting 4630
process;4631

       (e) Two hours of instruction concerning the secondary market 4632
for mortgage loans;4633

       (f) Four hours of instruction concerning the loan closing 4634
process;4635

       (g) Two hours of instruction covering basic mortgage 4636
financing concepts and terms;4637

       (h) Two hours of instruction concerning the ethical 4638
responsibilities of a registrant and a licensee, including with 4639
respect to confidentiality, consumer counseling, and the duties 4640
and standards of care created in section 1322.081 of the Revised 4641
Code.4642

       (3) For purposes of division (B)(1)(a) of this section, the 4643
review and approval of a course or program of study includes the 4644
review and approval of the provider of the course or program of 4645
study.4646

       (4) If an applicant held a valid loan originator license 4647
issued by this state at any time during the immediately preceding 4648
five-year period, the applicant shall not be required to complete 4649
any additional pre-licensing instruction. For this purpose, any 4650
time during which the individual is a registered loan originator 4651
shall not be taken into account.4652

       (5) A person having successfully completed the pre-licensing 4653
education requirement reviewed and approved by the nationwide 4654
mortgage licensing system and registry for any state within the 4655
previous five years shall be granted credit toward completion of 4656
the pre-licensing education requirement of this state.4657

       (C) In addition to the information required under division 4658
(B) of this section, the application shall provide both of the 4659
following:4660

       (1) Evidence that the applicant passed a written test that 4661
meets the requirements described in division (B) of section 4662
1322.051 of the Revised Code;4663

       (2) Any further information that the superintendent requires.4664

       (D) Upon the filing of the application and payment of the 4665
application fee and any fee required by the nationwide mortgage 4666
licensing system and registry, the superintendent of financial 4667
institutions shall investigate the applicant as set forth in 4668
division (D) of this section. 4669

        (1)(a) Notwithstanding division (K) of section 121.08 of the 4670
Revised Code, the superintendent shall obtain a criminal history 4671
records check and, as part of the records check, request that 4672
criminal record information from the federal bureau of 4673
investigation be obtained. To fulfill this requirement, the 4674
superintendent shall do either of the following:4675

       (i) Request the superintendent of the bureau of criminal 4676
identification and investigation, or a vendor approved by the 4677
bureau, to conduct a criminal records check based on the 4678
applicant's fingerprints or, if the fingerprints are unreadable, 4679
based on the applicant's social security number, in accordance 4680
with division (A)(12) of section 109.572 of the Revised Code;4681

       (ii) Authorize the nationwide mortgage licensing system and 4682
registry to request a criminal history background check. 4683

       (b) Any fee required under division (C)(3) of section 109.572 4684
of the Revised Code or by the nationwide mortgage licensing system 4685
and registry shall be paid by the applicant.4686

       (2) The superintendent shall conduct a civil records check. 4687

       (3) If, in order to issue a license to an applicant, 4688
additional investigation by the superintendent outside this state 4689
is necessary, the superintendent may require the applicant to 4690
advance sufficient funds to pay the actual expenses of the 4691
investigation, if it appears that these expenses will exceed one 4692
hundred fifty dollars. The superintendent shall provide the 4693
applicant with an itemized statement of the actual expenses that 4694
the applicant is required to pay.4695

       (E)(1) In connection with applying for a loan originator 4696
license, the applicant shall furnish to the nationwide mortgage 4697
licensing system and registry the following information concerning 4698
the applicant's identity:4699

       (a) The applicant's fingerprints for submission to the 4700
federal bureau of investigation, and any other governmental agency 4701
or entity authorized to receive such information, for purposes of 4702
a state, national, and international criminal history background 4703
check;4704

       (b) Personal history and experience in a form prescribed by 4705
the nationwide mortgage licensing system and registry, along with 4706
authorization for the superintendent and the nationwide mortgage 4707
licensing system and registry to obtain the following:4708

       (i) An independent credit report from a consumer reporting 4709
agency;4710

       (ii) Information related to any administrative, civil, or 4711
criminal findings by any governmental jurisdiction. 4712

       (2) In order to effectuate the purposes of divisions 4713
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent 4714
may use the conference of state bank supervisors, or a wholly 4715
owned subsidiary, as a channeling agent for requesting information 4716
from and distributing information to the United States department 4717
of justice or any other governmental agency. The superintendent 4718
may also use the nationwide mortgage licensing system and registry 4719
as a channeling agent for requesting information from and 4720
distributing information to any source related to matters subject 4721
to those divisions of this section.4722

        (F) The superintendent shall pay all funds advanced and 4723
application and renewal fees and penalties the superintendent 4724
receives pursuant to this section and section 1322.041 of the 4725
Revised Code to the treasurer of state to the credit of the 4726
consumer finance fund created in section 1321.21 of the Revised 4727
Code.4728

       (G) If an application for a loan originator license does not 4729
contain all of the information required under this section, and if 4730
that information is not submitted to the superintendent or to the 4731
nationwide mortgage licensing system and registry within ninety 4732
days after the superintendent or the nationwide mortgage licensing 4733
system and registry requests the information in writing, including 4734
by electronic transmission or facsimile, the superintendent may 4735
consider the application withdrawn.4736

       (H)(1) The business of a loan originator shall principally be 4737
transacted at an office of the mortgage broker with whom the 4738
licensee is employed or associated, which office is registered in 4739
accordance with division (A) of section 1322.02 of the Revised 4740
Code. Each original loan originator license shall be deposited 4741
with and maintained by the mortgage broker at the mortgage 4742
broker's main office. A copy of the license shall be maintained 4743
and displayed at the office where the loan originator principally 4744
transacts business.4745

       (2) If a loan originator's employment or association is 4746
terminated for any reason, the mortgage broker shall return the 4747
original loan originator license to the superintendent within five 4748
business days after the termination. The licensee may request the 4749
transfer of the license to another mortgage broker by submitting a 4750
transfer application, along with a fifteen dollar fee and any fee 4751
required by the national mortgage licensing system and registry, 4752
to the superintendent or may request the superintendent in writing 4753
to hold the license in escrow. Any licensee whose license is held 4754
in escrow shall cease activity as a loan originator. A licensee 4755
whose license is held in escrow shall be required to apply for 4756
renewal annually and to comply with the annual continuing 4757
education requirement.4758

       (3) A mortgage broker may employ or be associated with a loan 4759
originator on a temporary basis pending the transfer of the loan 4760
originator's license to the mortgage broker, if the mortgage 4761
broker receives written confirmation from the superintendent that 4762
the loan originator is licensed under sections 1322.01 to 1322.12 4763
of the Revised Code.4764

       (4) Notwithstanding divisions (H)(1) to (3) of this section, 4765
if a licensee is employed by or associated with a person or entity 4766
listed in division (G)(2) of section 1322.01 of the Revised Code, 4767
all of the following apply:4768

       (a) The licensee shall maintain and display the original loan 4769
originator license at the office where the licensee principally 4770
transacts business;4771

       (b) If the loan originator's employment or association is 4772
terminated, the loan originator shall return the original loan 4773
originator license to the superintendent within five business days 4774
after termination. The licensee may request the transfer of the 4775
license to a mortgage broker or another person or entity listed in 4776
division (G)(2) of section 1322.01 of the Revised Code by 4777
submitting a transfer application, along with a fifteen-dollar fee 4778
and any fee required by the national mortgage licensing system and 4779
registry, to the superintendent or may request the superintendent 4780
in writing to hold the license in escrow. A licensee whose license 4781
is held in escrow shall cease activity as a loan originator. A 4782
licensee whose license is held in escrow shall be required to 4783
apply for renewal annually and to comply with the annual 4784
continuing education requirement.4785

       (c) The licensee may seek to be employed or associated with a 4786
mortgage broker or person or entity listed in division (G)(2) of 4787
section 1322.01 of the Revised Code if the mortgage broker or 4788
person or entity receives written confirmation from the 4789
superintendent that the loan originator is licensed under sections 4790
1322.01 to 1322.12 of the Revised Code.4791

       (I) The superintendent may establish relationships or enter 4792
into contracts with the nationwide mortgage licensing system and 4793
registry, or any entities designated by it, to collect and 4794
maintain records and process transaction fees or other fees 4795
related to loan originator licenses or the persons associated with 4796
a licensee.4797

        (J) A loan originator license, or the authority granted under 4798
that license, is not assignable and cannot be franchised by 4799
contract or any other means.4800

       Sec. 1322.04.  (A) Upon the conclusion of the investigation 4801
required under division (B) of section 1322.03 of the Revised 4802
Code, the superintendent of financial institutions shall issue a 4803
certificate of registration to the applicant if the superintendent 4804
finds that the following conditions are met:4805

       (1) The application is accompanied by the application fee and 4806
any fee required by the nationwide mortgage licensing system and 4807
registry. 4808

        (a) If a check or other draft instrument is returned to the 4809
superintendent for insufficient funds, the superintendent shall 4810
notify the applicant by certified mail, return receipt requested, 4811
that the application will be withdrawn unless the applicant, 4812
within thirty days after receipt of the notice, submits the 4813
application fee and a one-hundred-dollar penalty to the 4814
superintendent. If the applicant does not submit the application 4815
fee and penalty within that time period, or if any check or other 4816
draft instrument used to pay the fee or penalty is returned to the 4817
superintendent for insufficient funds, the application shall be 4818
withdrawn.4819

        (b) If a check or other draft instrument is returned to the 4820
superintendent for insufficient funds after the certificate of 4821
registration has been issued, the superintendent shall notify the 4822
registrant by certified mail, return receipt requested, that the 4823
certificate of registration issued in reliance on the check or 4824
other draft instrument will be canceled unless the registrant, 4825
within thirty days after receipt of the notice, submits the 4826
application fee and a one-hundred-dollar penalty to the 4827
superintendent. If the registrant does not submit the application 4828
fee and penalty within that time period, or if any check or other 4829
draft instrument used to pay the fee or penalty is returned to the 4830
superintendent for insufficient funds, the certificate of 4831
registration shall be canceled immediately without a hearing, and 4832
the registrant shall cease activity as a mortgage broker.4833

       (2) If the application is for a location that is a residence, 4834
evidence that the use of the residence to transact business as a 4835
mortgage broker is not prohibited.4836

       (3) The person designated on the application pursuant to 4837
division (A)(3) of section 1322.03 of the Revised Code meets the 4838
experience requirements provided in division (A)(4) of section 4839
1322.03 of the Revised Code and the education requirements set 4840
forth in division (A)(5) of section 1322.03 of the Revised Code.4841

       (4) The applicant maintains all necessary filings and 4842
approvals required by the secretary of state.4843

       (5) The applicant complies with the surety bond requirements 4844
of section 1322.05 of the Revised Code.4845

       (6) The applicant complies with sections 1322.01 to 1322.12 4846
of the Revised Code and the rules adopted thereunder.4847

       (7) Neither the applicant nor any person whose identity is 4848
required to be disclosed on an application for a mortgage broker 4849
certificate of registration has had a mortgage broker certificate 4850
of registration or loan originator license, or any comparable 4851
authority, revoked in any governmental jurisdiction or has pleaded 4852
guilty or nolo contendere to or been convicted of any of the 4853
following in a domestic, foreign, or military court:4854

       (a) During the seven-year period immediately preceding the 4855
date of application for the certificate of registration, a 4856
misdemeanor involving theft or any felony;4857

       (b) At any time prior to the date the application for the 4858
certificate of registration is approved, a felony involving an act 4859
of fraud, dishonesty, a breach of trust, theft, or money 4860
laundering.4861

       (8) Based on the totality of the circumstances and 4862
information submitted in the application, the applicant has proven 4863
to the superintendent, by a preponderance of the evidence, that 4864
the applicant is of good business repute, appears qualified to act 4865
as a mortgage broker, has fully complied with sections 1322.01 to 4866
1322.12 of the Revised Code and the rules adopted thereunder, and 4867
meets all of the conditions for issuing a mortgage broker 4868
certificate of registration.4869

       (9) The applicant's operations manager successfully completed 4870
the examination required under division (A) ofby section 1322.051 4871
of the Revised Code.4872

       (10) The applicant's financial responsibility, experience, 4873
character, and general fitness command the confidence of the 4874
public and warrant the belief that the business will be operated 4875
honestly and fairly in compliance with the purposes of sections 4876
1322.01 to 1322.12 of the Revised Code and the rules adopted 4877
thereunder. The superintendent shall not use a credit score as the 4878
sole basis for registration denial.4879

       (B) For purposes of determining whether an applicant that is 4880
a partnership, corporation, or other business entity or 4881
association has met the conditions set forth in divisions (A)(7), 4882
(A)(8), and (A)(10) of this section, the superintendent shall 4883
determine which partners, shareholders, or persons named in the 4884
application pursuant to division (A)(2) of section 1322.03 of the 4885
Revised Code must meet the conditions set forth in divisions 4886
(A)(7), (A)(8), and (A)(10) of this section. This determination 4887
shall be based on the extent and nature of the partner's, 4888
shareholder's, or person's ownership interest in the partnership, 4889
corporation, or other business entity or association that is the 4890
applicant and on whether the person is in a position to direct, 4891
control, or adversely influence the operations of the applicant.4892

       (C) The certificate of registration issued pursuant to 4893
division (A) of this section may be renewed annually on or before 4894
the thirty-first day of December if the superintendent finds that 4895
all of the following conditions are met:4896

       (1) The renewal application is accompanied by a nonrefundable 4897
renewal fee of five hundred dollars for each location of an office 4898
to be maintained by the applicant in accordance with division (A) 4899
of section 1322.02 of the Revised Code and any fee required by the 4900
nationwide mortgage licensing system and registry. If a check or 4901
other draft instrument is returned to the superintendent for 4902
insufficient funds, the superintendent shall notify the registrant 4903
by certified mail, return receipt requested, that the certificate 4904
of registration renewed in reliance on the check or other draft 4905
instrument will be canceled unless the registrant, within thirty 4906
days after receipt of the notice, submits the renewal fee and a 4907
one-hundred-dollar penalty to the superintendent. If the 4908
registrant does not submit the renewal fee and penalty within that 4909
time period, or if any check or other draft instrument used to pay 4910
the fee or penalty is returned to the superintendent for 4911
insufficient funds, the certificate of registration shall be 4912
canceled immediately without a hearing and the registrant shall 4913
cease activity as a mortgage broker.4914

       (2) The operations manager designated under division (A)(3) 4915
of section 1322.03 of the Revised Code has completed, at least 4916
eight hours of continuing education as required under section 4917
1322.052 of the Revised Code.4918

       (3) The applicant meets the conditions set forth in divisions 4919
(A)(2) to (10) of this section.4920

       (4) The applicant's mortgage broker certificate of 4921
registration is not subject to an order of suspension or an unpaid 4922
and past due fine imposed by the superintendent.4923

       (D)(1) Subject to division (D)(2) of this section, if a 4924
renewal fee or additional fee required by the nationwide mortgage 4925
licensing system and registry is received by the superintendent 4926
after the thirty-first day of December, the mortgage broker 4927
certificate of registration shall not be considered renewed, and 4928
the applicant shall cease activity as a mortgage broker.4929

       (2) Division (D)(1) of this section shall not apply if the 4930
applicant, no later than the thirty-first day of January, submits 4931
the renewal fee or additional fee and a one-hundred-dollar penalty 4932
to the superintendent.4933

       (E) If the person designated as the operations manager 4934
pursuant to division (A)(3) of section 1322.03 of the Revised Code 4935
is no longer the operations manager, the registrant shall do all 4936
of the following:4937

       (1) Within ninety days after the departure of the designated 4938
operations manager, designate another person as the operations 4939
manager;4940

       (2) Within ten days after the designation described in 4941
division (E)(1) of this section, notify the superintendent in 4942
writing of the designation;4943

       (3) Submit any additional information that the superintendent 4944
requires to establish that the newly designated operations manager 4945
complies with the requirements set forth in section 1322.03 of the 4946
Revised Code.4947

       (F) The registrant shall cease operations if it is without an 4948
operations manager approved by the superintendent for more than 4949
one hundred eighty days unless otherwise authorized in writing by 4950
the superintendent due to exigent circumstances.4951

       (G) Mortgage broker certificates of registration issued on or 4952
after May 1, 2010, annually expire on the thirty-first day of 4953
December.4954

       Sec. 1322.041. (A) Upon the conclusion of the investigation 4955
required under division (D) of section 1322.031 of the Revised 4956
Code, the superintendent of financial institutions shall issue a 4957
loan originator license to the applicant if the superintendent 4958
finds that the following conditions are met:4959

       (1) The application is accompanied by the application fee and 4960
any fee required by the nationwide mortgage licensing system and 4961
registry. 4962

       (a) If a check or other draft instrument is returned to the 4963
superintendent for insufficient funds, the superintendent shall 4964
notify the applicant by certified mail, return receipt requested, 4965
that the application will be withdrawn unless the applicant, 4966
within thirty days after receipt of the notice, submits the 4967
application fee and a one-hundred-dollar penalty to the 4968
superintendent. If the applicant does not submit the application 4969
fee and penalty within that time period, or if any check or other 4970
draft instrument used to pay the fee or penalty is returned to the 4971
superintendent for insufficient funds, the application shall be 4972
withdrawn.4973

        (b) If a check or other draft instrument is returned to the 4974
superintendent for insufficient funds after the license has been 4975
issued, the superintendent shall notify the licensee by certified 4976
mail, return receipt requested, that the license issued in 4977
reliance on the check or other draft instrument will be canceled 4978
unless the licensee, within thirty days after receipt of the 4979
notice, submits the application fee and a one-hundred-dollar 4980
penalty to the superintendent. If the licensee does not submit the 4981
application fee and penalty within that time period, or if any 4982
check or other draft instrument used to pay the fee or penalty is 4983
returned to the superintendent for insufficient funds, the license 4984
shall be canceled immediately without a hearing, and the licensee 4985
shall cease activity as a loan originator.4986

       (2) The applicant complies with sections 1322.01 to 1322.12 4987
of the Revised Code and the rules adopted thereunder.4988

       (3) The applicant has not been convicted of or pleaded guilty 4989
or nolo contendere to any of the following in a domestic, foreign, 4990
or military court:4991

       (a) During the seven-year period immediately preceding the 4992
date of application for the license, a misdemeanor involving theft 4993
or any felony; 4994

       (b) At any time prior to the date the application for the 4995
license is approved, a felony involving an act of fraud, 4996
dishonesty, a breach of trust, theft, or money laundering.4997

       (4) Based on the totality of the circumstances and 4998
information submitted in the application, the applicant has proven 4999
to the superintendent, by a preponderance of the evidence, that 5000
the applicant is of good business repute, appears qualified to act 5001
as a loan originator, has fully complied with sections 1322.01 to 5002
1322.12 of the Revised Code and the rules adopted thereunder, and 5003
meets all of the conditions for issuing a loan originator license.5004

       (5) The applicant successfully completed the written test 5005
required under division (B) ofby section 1322.051 of the Revised 5006
Code and completed the prelicensing instruction set forth in 5007
division (B) of section 1322.031 of the Revised Code.5008

       (6) The applicant's financial responsibility, character, and 5009
general fitness command the confidence of the public and warrant 5010
the belief that the business will be operated honestly and fairly 5011
in compliance with the purposes of sections 1322.01 to 1322.12 of 5012
the Revised Code. The superintendent shall not use a credit score 5013
as the sole basis for a license denial.5014

       (7) The applicant is in compliance with the surety bond 5015
requirements of section 1322.05 of the Revised Code.5016

       (8) The applicant has not had a loan originator license, or 5017
comparable authority, revoked in any governmental jurisdiction.5018

       (B) The license issued under division (A) of this section may 5019
be renewed annually on or before the thirty-first day of December 5020
if the superintendent finds that all of the following conditions 5021
are met:5022

       (1) The renewal application is accompanied by a nonrefundable 5023
renewal fee of one hundred fifty dollars and any fee required by 5024
the nationwide mortgage licensing system and registry. If a check 5025
or other draft instrument is returned to the superintendent for 5026
insufficient funds, the superintendent shall notify the licensee 5027
by certified mail, return receipt requested, that the license 5028
renewed in reliance on the check or other draft instrument will be 5029
canceled unless the licensee, within thirty days after receipt of 5030
the notice, submits the renewal fee and a one-hundred-dollar 5031
penalty to the superintendent. If the licensee does not submit the 5032
renewal fee and penalty within that time period, or if any check 5033
or other draft instrument used to pay the fee or penalty is 5034
returned to the superintendent for insufficient funds, the license 5035
shall be canceled immediately without a hearing, and the licensee 5036
shall cease activity as a loan originator.5037

       (2) The applicant has completed at least eight hours of 5038
continuing education as required under section 1322.052 of the 5039
Revised Code.5040

       (3) The applicant meets the conditions set forth in divisions 5041
(A)(2) to (8) of this section; provided, however, that an 5042
applicant who was issued a loan officer license prior to January 5043
1, 2010, and has continuously maintained that license shall not be 5044
required to meet the condition described in division (B)(1)(b) of 5045
section 1322.031 of the Revised Code.5046

       (4) The applicant's license is not subject to an order of 5047
suspension or an unpaid and past due fine imposed by the 5048
superintendent.5049

       (C)(1) Subject to division (C)(2) of this section, if a 5050
license renewal application or renewal fee, including any fee 5051
required by the nationwide mortgage licensing system and registry, 5052
is received by the superintendent after the thirty-first day of 5053
December, the license shall not be considered renewed, and the 5054
applicant shall cease activity as a loan originator.5055

       (2) Division (C)(1) of this section shall not apply if the 5056
applicant, no later than the thirty-first day of January, submits 5057
the renewal application and fees and a one-hundred-dollar penalty 5058
to the superintendent.5059

       (D) Loan originator licenses issued on or after May 1, 2010, 5060
annually expire on the thirty-first day of December.5061

       Sec. 1322.051. (A) Each person designated under division 5062
(A)(3) of section 1322.03 of the Revised Code to act as operations 5063
manager for a mortgage broker business shall submit to a written 5064
test approved by the superintendent of financial institutions. An 5065
individual shall not be considered to have passed the written test 5066
unless the individual achieves a test score of at least 5067
seventy-five per cent correct answers to all questions.5068

       (B) Eachand each applicant for a loan originator license 5069
shall submit to a written test that is developed and approved by 5070
the nationwide mortgage licensing system and registry and 5071
administered by a test provider approved by the nationwide 5072
mortgage licensing system and registry based on reasonable 5073
standards.5074

       (1)(A) The test shall adequately measure the designee's or5075
applicant's knowledge and comprehension in appropriate subject 5076
areas, including ethics, federal and state law related to mortgage 5077
origination, fraud, consumer protection, and the nontraditional 5078
mortgage marketplace, and fair lending issues.5079

       (2)(B) An individual shall not be considered to have passed 5080
the written test unless the individual achieves a test score of5081
answers at least seventy-five per cent correct answers on allof 5082
the questions and at least seventy-five per cent correct answers 5083
on all questions relating to state mortgage lending laws and the 5084
Ohio consumer sales practices act, Chapter 1345. of the Revised 5085
Code, as it applies to registrants and licenseescorrectly.5086

       (3)(C) An individual may retake the test three consecutive 5087
times provided the period between taking the tests is at least 5088
thirty days. If an individual fails three consecutive tests, the 5089
individual shall be required to wait at least six months before 5090
taking the test again.5091

       (4)(D) If a loan originator fails to maintain a valid loan 5092
originator license for a period of five years or longer, the 5093
individual shall be required to retake the test.5094

       For this purpose, any time during which the individual is a 5095
registered loan originator shall not be taken into account.5096

       (C) Notwithstanding division (B) of this section, until the 5097
nationwide mortgage licensing system and registry implements a 5098
testing process that meets the criteria set forth in that 5099
division, the superintendent shall require each applicant to pass 5100
a written test acceptable to the superintendent.5101

       Sec. 1322.06.  (A) As often as the superintendent of 5102
financial institutions considers it necessary, the superintendent 5103
may examine the registrant's or licensee's records, including all 5104
records created or processed by a licensee, pertaining to business 5105
transacted pursuant to sections 1322.01 to 1322.12 of the Revised 5106
Code.5107

       (B) A registrant or licensee shall maintain records 5108
pertaining to business transacted pursuant to sections 1322.01 to 5109
1322.12 of the Revised Code, including copies of all mortgage loan 5110
origination disclosure statements prepared in accordance with 5111
section 1322.062 of the Revised Code, for four years. For purposes 5112
of this division, "registrant or licensee" includes any person 5113
whose certificate of registration or license is cancelled, 5114
surrendered, or revoked or who otherwise ceases to engage in 5115
business as a mortgage broker or loan originator.5116

       No registrant or licensee shall fail to comply with this 5117
division.5118

       (C) Each registrant and licensee shall submit to the 5119
nationwide mortgage licensing system and registry call reports or 5120
other reports of condition, which reports shall be in such form 5121
and shall contain such information as the nationwide mortgage 5122
licensing system and registry may require.5123

       (D)(1) As required by the superintendent, each registrant 5124
shall file with the division of financial institutions an annual 5125
report under oath or affirmation, on forms supplied by the 5126
division, concerning the business and operations of the registrant 5127
for the preceding calendar year. If a registrant operates two or 5128
more registered offices, or two or more affiliated registrants 5129
operate registered offices, a composite report of the group of 5130
registered offices may be filed in lieu of individual reports. For 5131
purposes of compliance with this requirement, the superintendent 5132
may accept call reports or other reports of condition submitted to 5133
the nationwide mortgage licensing system and registry in lieu of 5134
the annual report.5135

       (2) The divisionsuperintendent shall publish annually an 5136
analysis of the information required under division (D)(1) of this 5137
section, but the individual reports, whether filed with the 5138
superintendent or the nationwide mortgage licensing system and 5139
registry, shall not be public records and shall not be open to 5140
public inspection or otherwise be subject to section 149.43 of the 5141
Revised Code.5142

       Sec. 1533.10.  Except as provided in this section or division 5143
(A)(2) of section 1533.12 or section 1533.73 or 1533.731 of the 5144
Revised Code, no person shall hunt any wild bird or wild quadruped 5145
without a hunting license. Each day that any person hunts within 5146
the state without procuring such a license constitutes a separate 5147
offense. Except as otherwise provided in this section, every 5148
applicant for a hunting license who is a resident of the state and 5149
eighteen years of age or more shall procure a resident hunting 5150
license or an apprentice resident hunting license, the fee for 5151
which shall be eighteen dollars unless the rules adopted under 5152
division (B) of section 1533.12 of the Revised Code provide for 5153
issuance of a resident hunting license to the applicant free of 5154
charge. Except as provided in rules adopted under division (B)(2) 5155
of that section, each applicant who is a resident of this state 5156
and who at the time of application is sixty-six years of age or 5157
older shall procure a special senior hunting license, the fee for 5158
which shall be one-half of the regular hunting license fee. Every 5159
applicant who is under the age of eighteen years shall procure a 5160
special youth hunting license or an apprentice youth hunting 5161
license, the fee for which shall be one-half of the regular 5162
hunting license fee. 5163

       A resident of this state who owns lands in the state and the 5164
owner's children of any age and grandchildren under eighteen years 5165
of age may hunt on the lands without a hunting license. A resident 5166
of any other state who owns real property in this state, and the 5167
spouse and children living with the property owner, may hunt on 5168
that property without a license, provided that the state of 5169
residence of the real property owner allows residents of this 5170
state owning real property in that state, and the spouse and 5171
children living with the property owner, to hunt without a 5172
license. If the owner of land in this state is a limited liability 5173
company or a limited liability partnership that consists of three 5174
or fewer individual members or partners, as applicable, an 5175
individual member or partner who is a resident of this state and 5176
the member's or partner's children of any age and grandchildren 5177
under eighteen years of age may hunt on the land owned by the 5178
limited liability company or limited liability partnership without 5179
a hunting license. In addition, if the owner of land in this state 5180
is a trust that has a total of three or fewer trustees and 5181
beneficiaries, an individual who is a trustee or beneficiary and 5182
who is a resident of this state and the individual's children of 5183
any age and grandchildren under eighteen years of age may hunt on 5184
the land owned by the trust without a hunting license. The tenant 5185
and children of the tenant, residing on lands in the state, may 5186
hunt on them without a hunting license. 5187

       Except as otherwise provided in division (A)(1) of section 5188
1533.12 of the Revised Code, every applicant for a hunting license 5189
who is a nonresident of the state and who is eighteen years of age 5190
or older shall procure a nonresident hunting license or an 5191
apprentice nonresident hunting license, the fee for which shall be 5192
one hundred twenty-fourforty-nine dollars unless the applicant is 5193
a resident of a state that is a party to an agreement under 5194
section 1533.91 of the Revised Code, in which case the fee shall 5195
be eighteen dollars. Apprentice resident hunting licenses, 5196
apprentice youth hunting licenses, and apprentice nonresident 5197
hunting licenses are subject to the requirements established under 5198
section 1533.102 of the Revised Code and rules adopted pursuant to 5199
it.5200

       The chief of the division of wildlife may issue a small game 5201
hunting license expiring three days from the effective date of the 5202
license to a nonresident of the state, the fee for which shall be 5203
thirty-nine dollars. No person shall take or possess deer, wild 5204
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame 5205
animal while possessing only a small game hunting license. A small 5206
game hunting license or an apprentice nonresident hunting license 5207
does not authorize the taking or possessing of ducks, geese, or 5208
brant without having obtained, in addition to the small game 5209
hunting license or the apprentice nonresident hunting license, a 5210
wetlands habitat stamp as provided in section 1533.112 of the 5211
Revised Code. A small game hunting license or an apprentice 5212
nonresident hunting license does not authorize the taking or 5213
possessing of deer, wild turkeys, or fur-bearing animals. A 5214
nonresident of the state who wishes to take or possess deer, wild 5215
turkeys, or fur-bearing animals in this state shall procure, 5216
respectively, a deer or wild turkey permit as provided in section 5217
1533.11 of the Revised Code or a fur taker permit as provided in 5218
section 1533.111 of the Revised Code in addition to a nonresident 5219
hunting license, an apprentice nonresident hunting license, a 5220
special youth hunting license, or an apprentice youth hunting 5221
license, as applicable, as provided in this section.5222

       No person shall procure or attempt to procure a hunting 5223
license by fraud, deceit, misrepresentation, or any false 5224
statement.5225

       This section does not authorize the taking and possessing of 5226
deer or wild turkeys without first having obtained, in addition to 5227
the hunting license required by this section, a deer or wild 5228
turkey permit as provided in section 1533.11 of the Revised Code 5229
or the taking and possessing of ducks, geese, or brant without 5230
first having obtained, in addition to the hunting license required 5231
by this section, a wetlands habitat stamp as provided in section 5232
1533.112 of the Revised Code.5233

       This section does not authorize the hunting or trapping of 5234
fur-bearing animals without first having obtained, in addition to 5235
a hunting license required by this section, a fur taker permit as 5236
provided in section 1533.111 of the Revised Code.5237

       No hunting license shall be issued unless it is accompanied 5238
by a written explanation of the law in section 1533.17 of the 5239
Revised Code and the penalty for its violation, including a 5240
description of terms of imprisonment and fines that may be 5241
imposed.5242

       No hunting license, other than an apprentice hunting license, 5243
shall be issued unless the applicant presents to the agent 5244
authorized to issue the license a previously held hunting license 5245
or evidence of having held such a license in content and manner 5246
approved by the chief, a certificate of completion issued upon 5247
completion of a hunter education and conservation course approved 5248
by the chief, or evidence of equivalent training in content and 5249
manner approved by the chief. A previously held apprentice hunting 5250
license does not satisfy the requirement concerning the 5251
presentation of a previously held hunting license or evidence of 5252
it.5253

       No person shall issue a hunting license, except an apprentice 5254
hunting license, to any person who fails to present the evidence 5255
required by this section. No person shall purchase or obtain a 5256
hunting license, other than an apprentice hunting license, without 5257
presenting to the issuing agent the evidence required by this 5258
section. Issuance of a hunting license in violation of the 5259
requirements of this section is an offense by both the purchaser 5260
of the illegally obtained hunting license and the clerk or agent 5261
who issued the hunting license. Any hunting license issued in 5262
violation of this section is void.5263

       The chief, with approval of the wildlife council, shall adopt 5264
rules prescribing a hunter education and conservation course for 5265
first-time hunting license buyers, other than buyers of apprentice 5266
hunting licenses, and for volunteer instructors. The course shall 5267
consist of subjects including, but not limited to, hunter safety 5268
and health, use of hunting implements, hunting tradition and 5269
ethics, the hunter and conservation, the law in section 1533.17 of 5270
the Revised Code along with the penalty for its violation, 5271
including a description of terms of imprisonment and fines that 5272
may be imposed, and other law relating to hunting. Authorized 5273
personnel of the division or volunteer instructors approved by the 5274
chief shall conduct such courses with such frequency and at such 5275
locations throughout the state as to reasonably meet the needs of 5276
license applicants. The chief shall issue a certificate of 5277
completion to each person who successfully completes the course 5278
and passes an examination prescribed by the chief.5279

       Sec. 1533.11.  (A)(1) Except as provided in this section or 5280
section 1533.731 of the Revised Code, no person shall hunt deer on 5281
lands of another without first obtaining an annual deer permit. 5282
Except as provided in this section, no person shall hunt wild 5283
turkeys on lands of another without first obtaining an annual wild 5284
turkey permit. Each5285

       (2) Each applicant for a deer or wild turkey permit shall pay 5286
an annual fee of twenty-three dollars for eachthe permit unless 5287
the rules adopted under division (B) of section 1533.12 of the 5288
Revised Code provide for issuance of a deer or wild turkey permit 5289
to the applicant free of charge. Except as provided in rules 5290
adopted under division (B)(2) of that section, each applicant who 5291
is a resident of this state and who at the time of application is 5292
sixty-six years of age or older shall procure a senior deer or5293
wild turkey permit, the fee for which shall be one-half of the 5294
regular deer or wild turkey permit fee. Each applicant who is 5295
under the age of eighteen years shall procure a youth deer or wild 5296
turkey permit, the fee for which shall be one-half of the regular 5297
deer or wild turkey permit fee. Except5298

       (3) Each applicant for a deer permit who is a resident of 5299
this state shall procure a resident deer permit, the fee for which 5300
is twenty-three dollars unless the rules adopted under division 5301
(B) of section 1533.12 of the Revised Code provide for issuance of 5302
a deer permit to the applicant free of charge. Each applicant for 5303
a deer permit who is a nonresident of this state shall procure a 5304
nonresident deer permit, the fee for which is ninety-nine dollars 5305
unless the rules adopted under that division provide for issuance 5306
of a deer permit to the applicant free of charge. Except as 5307
provided in rules adopted under division (B)(2) of section 1533.12 5308
of the Revised Code, each applicant who is a resident of this 5309
state and who at the time of application is sixty-six years of age 5310
or older shall procure a senior resident deer permit, the fee for 5311
which is one-half of the regular resident deer permit fee. Each 5312
applicant who is under the age of eighteen years, regardless of 5313
residency, shall procure a youth deer permit, the fee for which is 5314
one-half of the regular resident deer permit fee.5315

       (4) As used in this chapter, "deer permit" includes a 5316
resident deer permit and a nonresident deer permit unless the 5317
context indicates otherwise.5318

       (5) Except as provided in division (A)(2) of section 1533.12 5319
of the Revised Code, a deer or wild turkey permit shall run 5320
concurrently with the hunting license. The money received shall be 5321
paid into the state treasury to the credit of the wildlife fund, 5322
created in section 1531.17 of the Revised Code, exclusively for 5323
the use of the division of wildlife in the acquisition and 5324
development of land for deer or wild turkey management, for 5325
investigating deer or wild turkey problems, and for the stocking, 5326
management, and protection of deer or wild turkey. Every person, 5327
while hunting deer or wild turkey on lands of another, shall carry 5328
the person's deer or wild turkey permit and exhibit it to any 5329
enforcement officer so requesting. Failure to so carry and exhibit 5330
such a permit constitutes an offense under this section. The chief 5331
of the division of wildlife shall adopt any additional rules the 5332
chief considers necessary to carry out this section and section 5333
1533.10 of the Revised Code.5334

        An owner who is a resident of this state or an owner who is 5335
exempt from obtaining a hunting license under section 1533.10 of 5336
the Revised Code and the children of the owner of lands in this 5337
state may hunt deer or wild turkey thereon without a deer or wild 5338
turkey permit. If the owner of land in this state is a limited 5339
liability company or a limited liability partnership that consists 5340
of three or fewer individual members or partners, as applicable, 5341
an individual member or partner who is a resident of this state 5342
and the member's or partner's children of any age may hunt deer or 5343
wild turkey on the land owned by the limited liability company or 5344
limited liability partnership without a deer or wild turkey 5345
permit. In addition, if the owner of land in this state is a trust 5346
that has a total of three or fewer trustees and beneficiaries, an 5347
individual who is a trustee or beneficiary and who is a resident 5348
of this state and the individual's children of any age may hunt 5349
deer or wild turkey on the land owned by the trust without a deer 5350
or wild turkey permit. The tenant and children of the tenant may 5351
hunt deer or wild turkey on lands where they reside without a deer 5352
or wild turkey permit.5353

       (B) A deer or wild turkey permit is not transferable. No 5354
person shall carry a deer or wild turkey permit issued in the name 5355
of another person.5356

       (C) The wildlife refunds fund is hereby created in the state 5357
treasury. The fund shall consist of money received from 5358
application fees for deer permits that are not issued. Money in 5359
the fund shall be used to make refunds of such application fees.5360

       (D) If the division establishes a system for the electronic 5361
submission of information regarding deer or wild turkey that are 5362
taken, the division shall allow the owner and the children of the 5363
owner of lands in this state to use the owner's name or address 5364
for purposes of submitting that information electronically via 5365
that system.5366

       Sec. 1533.12.  (A)(1) Except as otherwise provided in 5367
division (A)(2) of this section, every person on active duty in 5368
the armed forces of the United States who is stationed in this 5369
state and who wishes to engage in an activity for which a license, 5370
permit, or stamp is required under this chapter first shall obtain 5371
the requisite license, permit, or stamp. Such a person is eligible 5372
to obtain a resident hunting or fishing license regardless of 5373
whether the person qualifies as a resident of this state. To 5374
obtain a resident hunting or fishing license, the person shall 5375
present a card or other evidence identifying the person as being 5376
on active duty in the armed forces of the United States and as 5377
being stationed in this state.5378

        (2) Every person on active duty in the armed forces of the 5379
United States, while on leave or furlough, may take or catch fish 5380
of the kind lawfully permitted to be taken or caught within the 5381
state, may hunt any wild bird or wild quadruped lawfully permitted 5382
to be hunted within the state, and may trap fur-bearing animals 5383
lawfully permitted to be trapped within the state, without 5384
procuring a fishing license, a hunting license, a fur taker 5385
permit, or a wetlands habitat stamp required by this chapter, 5386
provided that the person shall carry on the person when fishing, 5387
hunting, or trapping, a card or other evidence identifying the 5388
person as being on active duty in the armed forces of the United 5389
States, and provided that the person is not otherwise violating 5390
any of the hunting, fishing, and trapping laws of this state.5391

       In order to hunt deer or wild turkey, any such person shall 5392
obtain a resident deer or wild turkey permit, as applicable, under 5393
section 1533.11 of the Revised Code. Such a person is eligible to 5394
obtain a resident deer permit regardless of whether the person is 5395
a resident of this state. However, the person need not obtain a 5396
hunting license in order to obtain such aeither permit.5397

       (B) The chief of the division of wildlife shall provide by 5398
rule adopted under section 1531.10 of the Revised Code all of the 5399
following:5400

       (1) Every resident of this state with a disability that has 5401
been determined by the veterans administration to be permanently 5402
and totally disabling, who receives a pension or compensation from 5403
the veterans administration, and who received an honorable 5404
discharge from the armed forces of the United States, and every 5405
veteran to whom the registrar of motor vehicles has issued a set 5406
of license plates under section 4503.41 of the Revised Code, shall 5407
be issued a fishing license, hunting license, fur taker permit, 5408
deer or wild turkey permit, or wetlands habitat stamp, or any 5409
combination of those licenses, permits, and stamp, free of charge 5410
on an annual, multi-year, or lifetime basis as determined 5411
appropriate by the chief when application is made to the chief in 5412
the manner prescribed by and on forms provided by the chief.5413

       (2) Every resident of the state who was born on or before 5414
December 31, 1937, shall be issued an annual fishing license, 5415
hunting license, fur taker permit, deer or wild turkey permit, or 5416
wetlands habitat stamp, or any combination of those licenses, 5417
permits, and stamp, free of charge when application is made to the 5418
chief in the manner prescribed by and on forms provided by the 5419
chief.5420

       (3) Every resident of state or county institutions, 5421
charitable institutions, and military homes in this state shall be 5422
issued an annual fishing license free of charge when application 5423
is made to the chief in the manner prescribed by and on forms 5424
provided by the chief.5425

       (4) Any mobility impaired or blind person, as defined in 5426
section 955.011 of the Revised Code, who is a resident of this 5427
state and who is unable to engage in fishing without the 5428
assistance of another person shall be issued an annual fishing 5429
license free of charge when application is made to the chief in 5430
the manner prescribed by and on forms provided by the chief. The 5431
person who is assisting the mobility impaired or blind person may 5432
assist in taking or catching fish of the kind permitted to be 5433
taken or caught without procuring the license required under 5434
section 1533.32 of the Revised Code, provided that only one line 5435
is used by both persons.5436

       (5) As used in division (B)(5) of this section, "prisoner of 5437
war" means any regularly appointed, enrolled, enlisted, or 5438
inducted member of the military forces of the United States who 5439
was captured, separated, and incarcerated by an enemy of the 5440
United States.5441

       Any person who has been a prisoner of war, was honorably 5442
discharged from the military forces, and is a resident of this 5443
state shall be issued a fishing license, hunting license, fur 5444
taker permit, or wetlands habitat stamp, or any combination of 5445
those licenses, permits, and stamp, free of charge on an annual, 5446
multi-year, or lifetime basis as determined appropriate by the 5447
chief when application is made to the chief in the manner 5448
prescribed by and on forms provided by the chief.5449

       (C) The chief shall adopt rules pursuant to section 1531.08 5450
of the Revised Code designating not more than two days, which need 5451
not be consecutive, in each year as "free sport fishing days" on 5452
which any resident may exercise the privileges accorded the holder 5453
of a fishing license issued under section 1533.32 of the Revised 5454
Code without procuring such a license, provided that the person is 5455
not otherwise violating any of the fishing laws of this state.5456

       Sec. 1711.50.  As used in sections 1711.50 to 1711.57 of the 5457
Revised Code:5458

       (A) "Amusement ride" means any mechanical, aquatic, or 5459
inflatable device, or combination of those devices that carries or 5460
conveys passengers on, along, around, over, or through a fixed or 5461
restricted course or within a defined area for the purpose of 5462
providing amusement, pleasure, or excitement. "Amusement ride" 5463
includes carnival rides, bungee jumping facilities, and fair 5464
rides, but does not include passenger tramways as defined in 5465
section 4169.01 of the Revised Code or amusement rides operated 5466
solely at trade shows for a limited period of time. For purposes 5467
of this division (A) of this section, "trade show" means a place 5468
of exhibition not open to the general public where amusement ride 5469
manufacturers display, promote, operate, and sell amusement rides 5470
to prospective purchasers.5471

       (B) "Temporary amusement ride" means an amusement ride that 5472
is relocated at least once per year with or without disassembly.5473

       (C) "Permanent amusement ride" means an amusement ride that 5474
is erected to remain a lasting part of the premises.5475

       (D) "Owner" means any person who owns or leases and controls 5476
or manages the operation of an amusement ride, and includes 5477
individuals, partnerships, corporations, both profit and 5478
nonprofit, and the state and any of its political subdivisions and 5479
their departments or agencies.5480

       (E) "Operation" means the use or operation, or both, of an 5481
amusement ride with riders.5482

       (F) "Rider" means any person who sits, stands, or is 5483
otherwise conveyed or carried as a passenger on an amusement ride, 5484
but does not include employees or agents of the owner of the 5485
amusement ride.5486

       (G) "Amusement ride operator" means any person causing the 5487
amusement ride to go, stop, or perform its function.5488

       (H) "Reassembly" means the installation, erection, or 5489
reconstruction of the main mechanical, safety, electrical, or 5490
electronic components of an amusement ride following 5491
transportation or storage and prior to operation. Replacement of 5492
mechanical, safety, electrical, or electronic components of an 5493
amusement ride for the purpose of repair or maintenance is not 5494
reassembly.5495

       (I) "Repair" means to restore an amusement ride to a 5496
condition equal to or better than original design specifications.5497

       (J) "Maintenance" means the preservation and upkeep of an 5498
amusement ride for the purpose of maintaining its designed 5499
operational capability.5500

       (K) "Inspection" means a physical examination of an amusement 5501
ride by an inspector for the purpose of approving the application 5502
for a permit. "Inspection" includes a reinspection.5503

       (L) "Accident" means an occurrence during the operation of an 5504
amusement ride whichthat results in death or injury requiring 5505
immediate hospital admission.5506

       (M) "Serious injury" means an injury that does not require 5507
immediate hospital admission but does require medical treatment, 5508
other than first aid, by a physician.5509

       (N) "First aid" means the one-time treatment or subsequent 5510
observation of scratches, cuts not requiring stitches, burns, 5511
splinters, and contusions or a diagnostic procedure, including 5512
examinations and x-rays, whichthat does not ordinarily require 5513
medical treatment even though provided by a physician or other 5514
licensed professional personnel.5515

       (O) "Advisory council" means the advisory council on 5516
amusement ride safety created by section 1711.51 of the Revised 5517
Code.5518

       (P) "Safe operation" means, except as provided in section 5519
1711.57 of the Revised Code, the practical application of 5520
maintenance, inspection, and operational processes, as indicated 5521
by the manufacturer, owner, or advisory council, that secures a 5522
rider from threat of physical danger, harm, or loss.5523

       (Q) "Private facility" means any facility that is accessible 5524
only to members of the facility and not accessible to the general 5525
public, even upon payment of a fee or charge, and that requires 5526
approval for membership by a membership committee representing the 5527
current members who have a policy requiring monetary payment to 5528
belong to the facility.5529

       (R) "Bungee jumping" means a fall or jump from a height by an 5530
individual who is attached to an elastic cord that prevents the 5531
individual from hitting the ground, water, or other solid, 5532
semi-solid, liquid, or elastic surface.5533

       (S) "Bungee jumping facility" means a device or structure 5534
utilized for bungee jumping.5535

       (T) "Kiddie ride" means an amusement ride designed for use by 5536
children under thirteen years of age who are unaccompanied by 5537
another person. "Kiddie ride" includes a roller coaster that is 5538
not more than forty feet in elevation at any point on the ride.5539

       Sec. 1711.53.  (A)(1) No person shall operate an amusement 5540
ride within the state without a permit issued by the director of 5541
agriculture under division (A)(2) of this section. The owner of an 5542
amusement ride, whether the ride is a temporary amusement ride or 5543
a permanent amusement ride, who desires to operate the amusement 5544
ride within the state shall, prior to the operation of the 5545
amusement ride and annually thereafter, submit to the department 5546
of agriculture an application for a permit, together with the 5547
appropriate permit and inspection fee, on a form to be furnished 5548
by the department. Prior to issuing any permit the department 5549
shall, within thirty days after the date on which it receives the 5550
application, inspect each amusement ride described in the 5551
application. The owner of an amusement ride shall have the 5552
amusement ride ready for inspection not later than two hours after 5553
the time that is requested by the person for the inspection.5554

       (2) For each amusement ride found to comply with the rules 5555
adopted by the director under division (B) of this section and 5556
division (B) of section 1711.551 of the Revised Code, the director 5557
shall issue an annual permit, provided that evidence of liability 5558
insurance coverage for the amusement ride as required by section 5559
1711.54 of the Revised Code is on file with the department.5560

       (3) The director shall issue with each permit a decal 5561
indicating that the amusement ride has been issued the permit. The 5562
owner of the amusement ride shall affix the decal on the ride at a 5563
location where the decal is easily visible to the patrons of the 5564
ride. A copy of the permit shall be kept on file at the same 5565
address as the location of the amusement ride identified on the 5566
permit, and shall be made available for inspection, upon 5567
reasonable demand, by any person. An owner may operate an 5568
amusement ride prior to obtaining a permit, provided that the 5569
operation is for the purpose of testing the amusement ride or 5570
training amusement ride operators and other employees of the owner 5571
and the amusement ride is not open to the public.5572

       (B) The director, in accordance with Chapter 119. of the 5573
Revised Code, shall adopt rules providing for a schedule of fines, 5574
with no fine exceeding five thousand dollars, for violations of 5575
sections 1711.50 to 1711.57 of the Revised Code or any rules 5576
adopted under this division and for the classification of 5577
amusement rides and rules for the safe operation and inspection of 5578
all amusement rides as are necessary for amusement ride safety and 5579
for the protection of the general public. Rules adopted by the 5580
director for the safe operation and inspection of amusement rides 5581
shall be reasonable and based upon generally accepted engineering 5582
standards and practices. In adopting rules under this section, the 5583
director may adopt by reference, in whole or in part, the national 5584
fire code or the national electrical code (NEC) prepared by the 5585
national fire protection association, the standards of the 5586
American society for testing and materials (ASTM) or the American 5587
national standards institute (ANSI), or any other principles, 5588
tests, or standards of nationally recognized technical or 5589
scientific authorities. Insofar as is practicable and consistent 5590
with sections 1711.50 to 1711.57 of the Revised Code, rules 5591
adopted under this division shall be consistent with the rules of 5592
other states. The department shall cause sections 1711.50 to 5593
1711.57 of the Revised Code and the rules adopted in accordance 5594
with this division and division (B) of section 1711.551 of the 5595
Revised Code to be published in pamphlet form and a copy to be 5596
furnished without charge to each owner of an amusement ride who 5597
holds a current permit or is an applicant therefor.5598

       (C) With respect to an application for a permit for an 5599
amusement ride, an owner may apply to the director for a waiver or 5600
modification of any rule adopted under division (B) of this 5601
section if there are practical difficulties or unnecessary 5602
hardships for the amusement ride to comply with the rules. Any 5603
application shall set forth the reasons for the request. The 5604
director, with the approval of the advisory council on amusement 5605
ride safety, may waive or modify the application of a rule to any 5606
amusement ride if the public safety is secure. Any authorization 5607
by the director under this division shall be in writing and shall 5608
set forth the conditions under which the waiver or modification is 5609
authorized, and the department shall retain separate records of 5610
all proceedings under this division.5611

       (D)(1) The director shall employ and provide for training of 5612
a chief inspector and additional inspectors and employees as may 5613
be necessary to administer and enforce sections 1711.50 to 1711.57 5614
of the Revised Code. The director may appoint or contract with 5615
other persons to perform inspections of amusement rides, provided 5616
that the persons meet the qualifications for inspectors 5617
established by rules adopted under division (B) of this section 5618
and are not owners, or employees of owners, of any amusement ride 5619
subject to inspection under sections 1711.50 to 1711.57 of the 5620
Revised Code. No person shall inspect an amusement ride who, 5621
within six months prior to the date of inspection, was an employee 5622
of the owner of the ride.5623

       (2) Before the director contracts with other persons to 5624
inspect amusement rides, the director shall seek the advice of the 5625
advisory council on amusement ride safety on whether to contract 5626
with those persons. The advice shall not be binding upon the 5627
director. After having received the advice of the council, the 5628
director may proceed to contract with inspectors in accordance 5629
with the procedures specified in division (E)(2) of section 5630
1711.11 of the Revised Code.5631

       (3) With the advice and consent of the advisory council on 5632
amusement ride safety, the director may employ a special 5633
consultant to conduct an independent investigation of an amusement 5634
ride accident. This consultant need not be in the civil service of 5635
the state, but shall have qualifications to conduct the 5636
investigation acceptable to the council.5637

       (E)(1) Except as otherwise provided in division (E)(1) of 5638
this section, the department shall charge the following amusement 5639
ride fees:5640

Permit $ 150 5641
Annual inspection and reinspection per ride: 5642
Kiddie rides $ 100 5643
Roller coaster $ 950 1,200 5644
Aerial lifts or bungee jumping facilities $ 450 5645
Go karts, per kart $ 5 5646
Inflatable rides, kiddie and adult $ 105 5647
Other rides $ 160 5648
Midseason operational inspection per ride $ 25 5649
Expedited inspection per ride $ 100 5650
Failure to cancel scheduled inspection per ride $ 100 5651
Failure to have amusement ride ready for inspection 5652
per ride $ 100 5653

       The go kart inspection fee is in addition to the inspection 5654
fee for the go kart track.5655

       The fees for an expedited inspection, failure to cancel a 5656
scheduled inspection, and failure to have an amusement ride ready 5657
for inspection do not apply to go karts.5658

       As used in division (E)(1) of this section, "expedited 5659
inspection" means an inspection of an amusement ride by the 5660
department not later than ten days after the owner of the 5661
amusement ride files an application for a permit under this 5662
section.5663

       (2) All fees and fines collected by the department under 5664
sections 1711.50 to 1711.57 of the Revised Code shall be deposited 5665
in the state treasury to the credit of the amusement ride 5666
inspection fund, which is hereby created, and shall be used only 5667
for the purpose of administering and enforcing sections 1711.11 5668
and 1711.50 to 1711.57 of the Revised Code.5669

       (3) The owner of an amusement ride shall be required to pay a 5670
reinspection fee only if the reinspection was conducted at the 5671
owner's request under division (F) of this section, if the 5672
reinspection is required by division (F) of this section because 5673
of an accident, or if the reinspection is required by division (F) 5674
of section 1711.55 of the Revised Code. If a reinspection is 5675
conducted at the request of the chief officer of a fair, festival, 5676
or event where the ride is operating, the reinspection fee shall 5677
be charged to the fair, festival, or event.5678

       (4) The rules adopted under division (B) of this section 5679
shall define "kiddie rides," "roller coaster," "aerial lifts," "go 5680
karts," and "other rides" for purposes of determining the fees 5681
under division (E) of this section. The rules shall define "other 5682
rides" to include go kart tracks.5683

       (F) A reinspection of an amusement ride shall take place if 5684
an accident occurs, if the owner of the ride or the chief officer 5685
of the fair, festival, or event where the ride is operating 5686
requests a reinspection, or if the reinspection is required by 5687
division (F) of section 1711.55 of the Revised Code.5688

       (G) As a supplement to its annual inspection of a temporary 5689
amusement ride, the department may inspect the ride during each 5690
scheduled event, as listed in the schedule of events provided to 5691
the department by the owner pursuant to division (C) of section 5692
1711.55 of the Revised Code, at which the ride is operated in this 5693
state. These supplemental inspections are in addition to any other 5694
inspection or reinspection of the ride as may be required under 5695
sections 1711.50 to 1711.57 of the Revised Code, and the owner of 5696
the temporary amusement ride is not required to pay an inspection 5697
or reinspection fee for this supplemental inspection. Nothing in 5698
this division shall be construed to prohibit the owner of a 5699
temporary amusement ride having a valid permit to operate in this 5700
state from operating the ride at a scheduled event before the 5701
department conducts a supplemental inspection.5702

       (H) The department may annually conduct a midseason 5703
operational inspection of every amusement ride upon which it 5704
conducts an annual inspection pursuant to division (A) of this 5705
section. The midseason operational inspection is in addition to 5706
any other inspection or reinspection of the amusement ride as may 5707
be required pursuant to sections 1711.50 to 1711.57 of the Revised 5708
Code. The owner of an amusement ride shall submit to the 5709
department, at the time determined by the department, the 5710
midseason operational inspection fee specified in division (E) of 5711
this section. The director, in accordance with Chapter 119. of the 5712
Revised Code, shall adopt rules specifying the time period during 5713
which the department will conduct midseason operational 5714
inspections.5715

       Sec. 2151.421.  (A)(1)(a) No person described in division 5716
(A)(1)(b) of this section who is acting in an official or 5717
professional capacity and knows, or has reasonable cause to 5718
suspect based on facts that would cause a reasonable person in a 5719
similar position to suspect, that a child under eighteen years of 5720
age or a mentally retarded, developmentally disabled, or 5721
physically impaired child under twenty-one years of age has 5722
suffered or faces a threat of suffering any physical or mental 5723
wound, injury, disability, or condition of a nature that 5724
reasonably indicates abuse or neglect of the child shall fail to 5725
immediately report that knowledge or reasonable cause to suspect 5726
to the entity or persons specified in this division. Except as 5727
provided in section 5120.173 of the Revised Code, the person 5728
making the report shall make it to the public children services 5729
agency or a municipal or county peace officer in the county in 5730
which the child resides or in which the abuse or neglect is 5731
occurring or has occurred. In the circumstances described in 5732
section 5120.173 of the Revised Code, the person making the report 5733
shall make it to the entity specified in that section.5734

       (b) Division (A)(1)(a) of this section applies to any person 5735
who is an attorney; physician, including a hospital intern or 5736
resident; dentist; podiatrist; practitioner of a limited branch of 5737
medicine as specified in section 4731.15 of the Revised Code; 5738
registered nurse; licensed practical nurse; visiting nurse; other 5739
health care professional; licensed psychologist; licensed school 5740
psychologist; independent marriage and family therapist or 5741
marriage and family therapist; speech pathologist or audiologist; 5742
coroner; administrator or employee of a child day-care center; 5743
administrator or employee of a residential camp or child day camp; 5744
administrator or employee of a certified child care agency or 5745
other public or private children services agency; school teacher; 5746
school employee; school authority; person engaged in social work 5747
or the practice of professional counseling; agent of a county 5748
humane society; person, other than a cleric, rendering spiritual 5749
treatment through prayer in accordance with the tenets of a 5750
well-recognized religion; employee of a county department of job 5751
and family services who is a professional and who works with 5752
children and families; superintendent or regional administrator 5753
employed by the department of youth services; superintendent, 5754
board member, or employee of a county board of developmental 5755
disabilities; investigative agent contracted with by a county 5756
board of developmental disabilities; employee of the department of 5757
developmental disabilities; employee of a facility or home that 5758
provides respite care in accordance with section 5123.171 of the 5759
Revised Code; employee of a home health agency; employee of an 5760
entity that provides homemaker services; a person performing the 5761
duties of an assessor pursuant to Chapter 3107. or 5103. of the 5762
Revised Code; or third party employed by a public children 5763
services agency to assist in providing child or family related 5764
services.5765

       (2) Except as provided in division (A)(3) of this section, an 5766
attorney or a physician is not required to make a report pursuant 5767
to division (A)(1) of this section concerning any communication 5768
the attorney or physician receives from a client or patient in an 5769
attorney-client or physician-patient relationship, if, in 5770
accordance with division (A) or (B) of section 2317.02 of the 5771
Revised Code, the attorney or physician could not testify with 5772
respect to that communication in a civil or criminal proceeding.5773

       (3) The client or patient in an attorney-client or 5774
physician-patient relationship described in division (A)(2) of 5775
this section is deemed to have waived any testimonial privilege 5776
under division (A) or (B) of section 2317.02 of the Revised Code 5777
with respect to any communication the attorney or physician 5778
receives from the client or patient in that attorney-client or 5779
physician-patient relationship, and the attorney or physician 5780
shall make a report pursuant to division (A)(1) of this section 5781
with respect to that communication, if all of the following apply:5782

       (a) The client or patient, at the time of the communication, 5783
is either a child under eighteen years of age or a mentally 5784
retarded, developmentally disabled, or physically impaired person 5785
under twenty-one years of age.5786

       (b) The attorney or physician knows, or has reasonable cause 5787
to suspect based on facts that would cause a reasonable person in 5788
similar position to suspect, as a result of the communication or 5789
any observations made during that communication, that the client 5790
or patient has suffered or faces a threat of suffering any 5791
physical or mental wound, injury, disability, or condition of a 5792
nature that reasonably indicates abuse or neglect of the client or 5793
patient.5794

       (c) The abuse or neglect does not arise out of the client's 5795
or patient's attempt to have an abortion without the notification 5796
of her parents, guardian, or custodian in accordance with section 5797
2151.85 of the Revised Code.5798

       (4)(a) No cleric and no person, other than a volunteer, 5799
designated by any church, religious society, or faith acting as a 5800
leader, official, or delegate on behalf of the church, religious 5801
society, or faith who is acting in an official or professional 5802
capacity, who knows, or has reasonable cause to believe based on 5803
facts that would cause a reasonable person in a similar position 5804
to believe, that a child under eighteen years of age or a mentally 5805
retarded, developmentally disabled, or physically impaired child 5806
under twenty-one years of age has suffered or faces a threat of 5807
suffering any physical or mental wound, injury, disability, or 5808
condition of a nature that reasonably indicates abuse or neglect 5809
of the child, and who knows, or has reasonable cause to believe 5810
based on facts that would cause a reasonable person in a similar 5811
position to believe, that another cleric or another person, other 5812
than a volunteer, designated by a church, religious society, or 5813
faith acting as a leader, official, or delegate on behalf of the 5814
church, religious society, or faith caused, or poses the threat of 5815
causing, the wound, injury, disability, or condition that 5816
reasonably indicates abuse or neglect shall fail to immediately 5817
report that knowledge or reasonable cause to believe to the entity 5818
or persons specified in this division. Except as provided in 5819
section 5120.173 of the Revised Code, the person making the report 5820
shall make it to the public children services agency or a 5821
municipal or county peace officer in the county in which the child 5822
resides or in which the abuse or neglect is occurring or has 5823
occurred. In the circumstances described in section 5120.173 of 5824
the Revised Code, the person making the report shall make it to 5825
the entity specified in that section.5826

        (b) Except as provided in division (A)(4)(c) of this section, 5827
a cleric is not required to make a report pursuant to division 5828
(A)(4)(a) of this section concerning any communication the cleric 5829
receives from a penitent in a cleric-penitent relationship, if, in 5830
accordance with division (C) of section 2317.02 of the Revised 5831
Code, the cleric could not testify with respect to that 5832
communication in a civil or criminal proceeding.5833

        (c) The penitent in a cleric-penitent relationship described 5834
in division (A)(4)(b) of this section is deemed to have waived any 5835
testimonial privilege under division (C) of section 2317.02 of the 5836
Revised Code with respect to any communication the cleric receives 5837
from the penitent in that cleric-penitent relationship, and the 5838
cleric shall make a report pursuant to division (A)(4)(a) of this 5839
section with respect to that communication, if all of the 5840
following apply:5841

        (i) The penitent, at the time of the communication, is either 5842
a child under eighteen years of age or a mentally retarded, 5843
developmentally disabled, or physically impaired person under 5844
twenty-one years of age.5845

        (ii) The cleric knows, or has reasonable cause to believe 5846
based on facts that would cause a reasonable person in a similar 5847
position to believe, as a result of the communication or any 5848
observations made during that communication, the penitent has 5849
suffered or faces a threat of suffering any physical or mental 5850
wound, injury, disability, or condition of a nature that 5851
reasonably indicates abuse or neglect of the penitent.5852

        (iii) The abuse or neglect does not arise out of the 5853
penitent's attempt to have an abortion performed upon a child 5854
under eighteen years of age or upon a mentally retarded, 5855
developmentally disabled, or physically impaired person under 5856
twenty-one years of age without the notification of her parents, 5857
guardian, or custodian in accordance with section 2151.85 of the 5858
Revised Code.5859

       (d) Divisions (A)(4)(a) and (c) of this section do not apply 5860
in a cleric-penitent relationship when the disclosure of any 5861
communication the cleric receives from the penitent is in 5862
violation of the sacred trust.5863

        (e) As used in divisions (A)(1) and (4) of this section, 5864
"cleric" and "sacred trust" have the same meanings as in section 5865
2317.02 of the Revised Code.5866

       (B) Anyone who knows, or has reasonable cause to suspect 5867
based on facts that would cause a reasonable person in similar 5868
circumstances to suspect, that a child under eighteen years of age 5869
or a mentally retarded, developmentally disabled, or physically 5870
impaired person under twenty-one years of age has suffered or 5871
faces a threat of suffering any physical or mental wound, injury, 5872
disability, or other condition of a nature that reasonably 5873
indicates abuse or neglect of the child may report or cause 5874
reports to be made of that knowledge or reasonable cause to 5875
suspect to the entity or persons specified in this division. 5876
Except as provided in section 5120.173 of the Revised Code, a 5877
person making a report or causing a report to be made under this 5878
division shall make it or cause it to be made to the public 5879
children services agency or to a municipal or county peace 5880
officer. In the circumstances described in section 5120.173 of the 5881
Revised Code, a person making a report or causing a report to be 5882
made under this division shall make it or cause it to be made to 5883
the entity specified in that section.5884

       (C) Any report made pursuant to division (A) or (B) of this 5885
section shall be made forthwith either by telephone or in person 5886
and shall be followed by a written report, if requested by the 5887
receiving agency or officer. The written report shall contain:5888

       (1) The names and addresses of the child and the child's 5889
parents or the person or persons having custody of the child, if 5890
known;5891

       (2) The child's age and the nature and extent of the child's 5892
injuries, abuse, or neglect that is known or reasonably suspected 5893
or believed, as applicable, to have occurred or of the threat of 5894
injury, abuse, or neglect that is known or reasonably suspected or 5895
believed, as applicable, to exist, including any evidence of 5896
previous injuries, abuse, or neglect;5897

       (3) Any other information that might be helpful in 5898
establishing the cause of the injury, abuse, or neglect that is 5899
known or reasonably suspected or believed, as applicable, to have 5900
occurred or of the threat of injury, abuse, or neglect that is 5901
known or reasonably suspected or believed, as applicable, to 5902
exist.5903

       Any person, who is required by division (A) of this section 5904
to report child abuse or child neglect that is known or reasonably 5905
suspected or believed to have occurred, may take or cause to be 5906
taken color photographs of areas of trauma visible on a child and, 5907
if medically indicated, cause to be performed radiological 5908
examinations of the child.5909

       (D) As used in this division, "children's advocacy center" 5910
and "sexual abuse of a child" have the same meanings as in section 5911
2151.425 of the Revised Code.5912

       (1) When a municipal or county peace officer receives a 5913
report concerning the possible abuse or neglect of a child or the 5914
possible threat of abuse or neglect of a child, upon receipt of 5915
the report, the municipal or county peace officer who receives the 5916
report shall refer the report to the appropriate public children 5917
services agency.5918

       (2) When a public children services agency receives a report 5919
pursuant to this division or division (A) or (B) of this section, 5920
upon receipt of the report, the public children services agency 5921
shall do both of the following:5922

       (a) Comply with section 2151.422 of the Revised Code;5923

       (b) If the county served by the agency is also served by a 5924
children's advocacy center and the report alleges sexual abuse of 5925
a child or another type of abuse of a child that is specified in 5926
the memorandum of understanding that creates the center as being 5927
within the center's jurisdiction, comply regarding the report with 5928
the protocol and procedures for referrals and investigations, with 5929
the coordinating activities, and with the authority or 5930
responsibility for performing or providing functions, activities, 5931
and services stipulated in the interagency agreement entered into 5932
under section 2151.428 of the Revised Code relative to that 5933
center.5934

       (E) No township, municipal, or county peace officer shall 5935
remove a child about whom a report is made pursuant to this 5936
section from the child's parents, stepparents, or guardian or any 5937
other persons having custody of the child without consultation 5938
with the public children services agency, unless, in the judgment 5939
of the officer, and, if the report was made by physician, the 5940
physician, immediate removal is considered essential to protect 5941
the child from further abuse or neglect. The agency that must be 5942
consulted shall be the agency conducting the investigation of the 5943
report as determined pursuant to section 2151.422 of the Revised 5944
Code.5945

       (F)(1) Except as provided in section 2151.422 of the Revised 5946
Code or in an interagency agreement entered into under section 5947
2151.428 of the Revised Code that applies to the particular 5948
report, the public children services agency shall investigate, 5949
within twenty-four hours, each report of child abuse or child 5950
neglect that is known or reasonably suspected or believed to have 5951
occurred and of a threat of child abuse or child neglect that is 5952
known or reasonably suspected or believed to exist that is 5953
referred to it under this section to determine the circumstances 5954
surrounding the injuries, abuse, or neglect or the threat of 5955
injury, abuse, or neglect, the cause of the injuries, abuse, 5956
neglect, or threat, and the person or persons responsible. The 5957
investigation shall be made in cooperation with the law 5958
enforcement agency and in accordance with the memorandum of 5959
understanding prepared under division (J) of this section. A 5960
representative of the public children services agency shall, at 5961
the time of initial contact with the person subject to the 5962
investigation, inform the person of the specific complaints or 5963
allegations made against the person. The information shall be 5964
given in a manner that is consistent with division (H)(1) of this 5965
section and protects the rights of the person making the report 5966
under this section.5967

        A failure to make the investigation in accordance with the 5968
memorandum is not grounds for, and shall not result in, the 5969
dismissal of any charges or complaint arising from the report or 5970
the suppression of any evidence obtained as a result of the report 5971
and does not give, and shall not be construed as giving, any 5972
rights or any grounds for appeal or post-conviction relief to any 5973
person. The public children services agency shall report each case 5974
to the uniform statewide automated child welfare information 5975
system that the department of job and family services shall 5976
maintain in accordance with section 5101.13 of the Revised Code. 5977
The public children services agency shall submit a report of its 5978
investigation, in writing, to the law enforcement agency.5979

       (2) The public children services agency shall make any 5980
recommendations to the county prosecuting attorney or city 5981
director of law that it considers necessary to protect any 5982
children that are brought to its attention.5983

       (G)(1)(a) Except as provided in division (H)(3) of this 5984
section, anyone or any hospital, institution, school, health 5985
department, or agency participating in the making of reports under 5986
division (A) of this section, anyone or any hospital, institution, 5987
school, health department, or agency participating in good faith 5988
in the making of reports under division (B) of this section, and 5989
anyone participating in good faith in a judicial proceeding 5990
resulting from the reports, shall be immune from any civil or 5991
criminal liability for injury, death, or loss to person or 5992
property that otherwise might be incurred or imposed as a result 5993
of the making of the reports or the participation in the judicial 5994
proceeding.5995

       (b) Notwithstanding section 4731.22 of the Revised Code, the 5996
physician-patient privilege shall not be a ground for excluding 5997
evidence regarding a child's injuries, abuse, or neglect, or the 5998
cause of the injuries, abuse, or neglect in any judicial 5999
proceeding resulting from a report submitted pursuant to this 6000
section.6001

       (2) In any civil or criminal action or proceeding in which it 6002
is alleged and proved that participation in the making of a report 6003
under this section was not in good faith or participation in a 6004
judicial proceeding resulting from a report made under this 6005
section was not in good faith, the court shall award the 6006
prevailing party reasonable attorney's fees and costs and, if a 6007
civil action or proceeding is voluntarily dismissed, may award 6008
reasonable attorney's fees and costs to the party against whom the 6009
civil action or proceeding is brought.6010

       (H)(1) Except as provided in divisions (H)(4) and (N) of this 6011
section, a report made under this section is confidential. The 6012
information provided in a report made pursuant to this section and 6013
the name of the person who made the report shall not be released 6014
for use, and shall not be used, as evidence in any civil action or 6015
proceeding brought against the person who made the report. Nothing 6016
in this division shall preclude the use of reports of other 6017
incidents of known or suspected abuse or neglect in a civil action 6018
or proceeding brought pursuant to division (M) of this section 6019
against a person who is alleged to have violated division (A)(1) 6020
of this section, provided that any information in a report that 6021
would identify the child who is the subject of the report or the 6022
maker of the report, if the maker of the report is not the 6023
defendant or an agent or employee of the defendant, has been 6024
redacted. In a criminal proceeding, the report is admissible in 6025
evidence in accordance with the Rules of Evidence and is subject 6026
to discovery in accordance with the Rules of Criminal Procedure.6027

       (2) No person shall permit or encourage the unauthorized 6028
dissemination of the contents of any report made under this 6029
section.6030

       (3) A person who knowingly makes or causes another person to 6031
make a false report under division (B) of this section that 6032
alleges that any person has committed an act or omission that 6033
resulted in a child being an abused child or a neglected child is 6034
guilty of a violation of section 2921.14 of the Revised Code.6035

       (4) If a report is made pursuant to division (A) or (B) of 6036
this section and the child who is the subject of the report dies 6037
for any reason at any time after the report is made, but before 6038
the child attains eighteen years of age, the public children 6039
services agency or municipal or county peace officer to which the 6040
report was made or referred, on the request of the child fatality 6041
review board, shall submit a summary sheet of information 6042
providing a summary of the report to the review board of the 6043
county in which the deceased child resided at the time of death. 6044
On the request of the review board, the agency or peace officer 6045
may, at its discretion, make the report available to the review 6046
board. If the county served by the public children services agency 6047
is also served by a children's advocacy center and the report of 6048
alleged sexual abuse of a child or another type of abuse of a 6049
child is specified in the memorandum of understanding that creates 6050
the center as being within the center's jurisdiction, the agency 6051
or center shall perform the duties and functions specified in this 6052
division in accordance with the interagency agreement entered into 6053
under section 2151.428 of the Revised Code relative to that 6054
advocacy center.6055

       (5) A public children services agency shall advise a person 6056
alleged to have inflicted abuse or neglect on a child who is the 6057
subject of a report made pursuant to this section, including a 6058
report alleging sexual abuse of a child or another type of abuse 6059
of a child referred to a children's advocacy center pursuant to an 6060
interagency agreement entered into under section 2151.428 of the 6061
Revised Code, in writing of the disposition of the investigation. 6062
The agency shall not provide to the person any information that 6063
identifies the person who made the report, statements of 6064
witnesses, or police or other investigative reports.6065

       (I) Any report that is required by this section, other than a 6066
report that is made to the state highway patrol as described in 6067
section 5120.173 of the Revised Code, shall result in protective 6068
services and emergency supportive services being made available by 6069
the public children services agency on behalf of the children 6070
about whom the report is made, in an effort to prevent further 6071
neglect or abuse, to enhance their welfare, and, whenever 6072
possible, to preserve the family unit intact. The agency required 6073
to provide the services shall be the agency conducting the 6074
investigation of the report pursuant to section 2151.422 of the 6075
Revised Code.6076

       (J)(1) Each public children services agency shall prepare a 6077
memorandum of understanding that is signed by all of the 6078
following:6079

       (a) If there is only one juvenile judge in the county, the 6080
juvenile judge of the county or the juvenile judge's 6081
representative;6082

       (b) If there is more than one juvenile judge in the county, a 6083
juvenile judge or the juvenile judges' representative selected by 6084
the juvenile judges or, if they are unable to do so for any 6085
reason, the juvenile judge who is senior in point of service or 6086
the senior juvenile judge's representative;6087

       (c) The county peace officer;6088

       (d) All chief municipal peace officers within the county;6089

       (e) Other law enforcement officers handling child abuse and 6090
neglect cases in the county;6091

       (f) The prosecuting attorney of the county;6092

       (g) If the public children services agency is not the county 6093
department of job and family services, the county department of 6094
job and family services;6095

       (h) The county humane society;6096

       (i) If the public children services agency participated in 6097
the execution of a memorandum of understanding under section 6098
2151.426 of the Revised Code establishing a children's advocacy 6099
center, each participating member of the children's advocacy 6100
center established by the memorandum.6101

       (2) A memorandum of understanding shall set forth the normal 6102
operating procedure to be employed by all concerned officials in 6103
the execution of their respective responsibilities under this 6104
section and division (C) of section 2919.21, division (B)(1) of 6105
section 2919.22, division (B) of section 2919.23, and section 6106
2919.24 of the Revised Code and shall have as two of its primary 6107
goals the elimination of all unnecessary interviews of children 6108
who are the subject of reports made pursuant to division (A) or 6109
(B) of this section and, when feasible, providing for only one 6110
interview of a child who is the subject of any report made 6111
pursuant to division (A) or (B) of this section. A failure to 6112
follow the procedure set forth in the memorandum by the concerned 6113
officials is not grounds for, and shall not result in, the 6114
dismissal of any charges or complaint arising from any reported 6115
case of abuse or neglect or the suppression of any evidence 6116
obtained as a result of any reported child abuse or child neglect 6117
and does not give, and shall not be construed as giving, any 6118
rights or any grounds for appeal or post-conviction relief to any 6119
person.6120

       (3) A memorandum of understanding shall include all of the 6121
following:6122

       (a) The roles and responsibilities for handling emergency and 6123
nonemergency cases of abuse and neglect;6124

       (b) Standards and procedures to be used in handling and 6125
coordinating investigations of reported cases of child abuse and 6126
reported cases of child neglect, methods to be used in 6127
interviewing the child who is the subject of the report and who 6128
allegedly was abused or neglected, and standards and procedures 6129
addressing the categories of persons who may interview the child 6130
who is the subject of the report and who allegedly was abused or 6131
neglected.6132

       (4) If a public children services agency participated in the 6133
execution of a memorandum of understanding under section 2151.426 6134
of the Revised Code establishing a children's advocacy center, the 6135
agency shall incorporate the contents of that memorandum in the 6136
memorandum prepared pursuant to this section.6137

       (5) The clerk of the court of common pleas in the county may 6138
sign the memorandum of understanding prepared under division 6139
(J)(1) of this section. If the clerk signs the memorandum of 6140
understanding, the clerk shall execute all relevant 6141
responsibilities as required of officials specified in the 6142
memorandum.6143

       (K)(1) Except as provided in division (K)(4) of this section, 6144
a person who is required to make a report pursuant to division (A) 6145
of this section may make a reasonable number of requests of the 6146
public children services agency that receives or is referred the 6147
report, or of the children's advocacy center that is referred the 6148
report if the report is referred to a children's advocacy center 6149
pursuant to an interagency agreement entered into under section 6150
2151.428 of the Revised Code, to be provided with the following 6151
information:6152

       (a) Whether the agency or center has initiated an 6153
investigation of the report;6154

       (b) Whether the agency or center is continuing to investigate 6155
the report;6156

       (c) Whether the agency or center is otherwise involved with 6157
the child who is the subject of the report;6158

       (d) The general status of the health and safety of the child 6159
who is the subject of the report;6160

       (e) Whether the report has resulted in the filing of a 6161
complaint in juvenile court or of criminal charges in another 6162
court.6163

       (2) A person may request the information specified in 6164
division (K)(1) of this section only if, at the time the report is 6165
made, the person's name, address, and telephone number are 6166
provided to the person who receives the report.6167

       When a municipal or county peace officer or employee of a 6168
public children services agency receives a report pursuant to 6169
division (A) or (B) of this section the recipient of the report 6170
shall inform the person of the right to request the information 6171
described in division (K)(1) of this section. The recipient of the 6172
report shall include in the initial child abuse or child neglect 6173
report that the person making the report was so informed and, if 6174
provided at the time of the making of the report, shall include 6175
the person's name, address, and telephone number in the report.6176

       Each request is subject to verification of the identity of 6177
the person making the report. If that person's identity is 6178
verified, the agency shall provide the person with the information 6179
described in division (K)(1) of this section a reasonable number 6180
of times, except that the agency shall not disclose any 6181
confidential information regarding the child who is the subject of 6182
the report other than the information described in those 6183
divisions.6184

       (3) A request made pursuant to division (K)(1) of this 6185
section is not a substitute for any report required to be made 6186
pursuant to division (A) of this section.6187

       (4) If an agency other than the agency that received or was 6188
referred the report is conducting the investigation of the report 6189
pursuant to section 2151.422 of the Revised Code, the agency 6190
conducting the investigation shall comply with the requirements of 6191
division (K) of this section.6192

       (L) The director of job and family services shall adopt rules 6193
in accordance with Chapter 119. of the Revised Code to implement 6194
this section. The department of job and family services may enter 6195
into a plan of cooperation with any other governmental entity to 6196
aid in ensuring that children are protected from abuse and 6197
neglect. The department shall make recommendations to the attorney 6198
general that the department determines are necessary to protect 6199
children from child abuse and child neglect.6200

       (M) Whoever violates division (A) of this section is liable 6201
for compensatory and exemplary damages to the child who would have 6202
been the subject of the report that was not made. A person who 6203
brings a civil action or proceeding pursuant to this division 6204
against a person who is alleged to have violated division (A)(1) 6205
of this section may use in the action or proceeding reports of 6206
other incidents of known or suspected abuse or neglect, provided 6207
that any information in a report that would identify the child who 6208
is the subject of the report or the maker of the report, if the 6209
maker is not the defendant or an agent or employee of the 6210
defendant, has been redacted.6211

       (N)(1) As used in this division:6212

        (a) "Out-of-home care" includes a nonchartered nonpublic 6213
school if the alleged child abuse or child neglect, or alleged 6214
threat of child abuse or child neglect, described in a report 6215
received by a public children services agency allegedly occurred 6216
in or involved the nonchartered nonpublic school and the alleged 6217
perpetrator named in the report holds a certificate, permit, or 6218
license issued by the state board of education under section 6219
3301.071 or Chapter 3319. of the Revised Code.6220

        (b) "Administrator, director, or other chief administrative 6221
officer" means the superintendent of the school district if the 6222
out-of-home care entity subject to a report made pursuant to this 6223
section is a school operated by the district.6224

        (2) No later than the end of the day following the day on 6225
which a public children services agency receives a report of 6226
alleged child abuse or child neglect, or a report of an alleged 6227
threat of child abuse or child neglect, that allegedly occurred in 6228
or involved an out-of-home care entity, the agency shall provide 6229
written notice of the allegations contained in and the person 6230
named as the alleged perpetrator in the report to the 6231
administrator, director, or other chief administrative officer of 6232
the out-of-home care entity that is the subject of the report 6233
unless the administrator, director, or other chief administrative 6234
officer is named as an alleged perpetrator in the report. If the 6235
administrator, director, or other chief administrative officer of 6236
an out-of-home care entity is named as an alleged perpetrator in a 6237
report of alleged child abuse or child neglect, or a report of an 6238
alleged threat of child abuse or child neglect, that allegedly 6239
occurred in or involved the out-of-home care entity, the agency 6240
shall provide the written notice to the owner or governing board 6241
of the out-of-home care entity that is the subject of the report. 6242
The agency shall not provide witness statements or police or other 6243
investigative reports.6244

       (3) No later than three days after the day on which a public 6245
children services agency that conducted the investigation as 6246
determined pursuant to section 2151.422 of the Revised Code makes 6247
a disposition of an investigation involving a report of alleged 6248
child abuse or child neglect, or a report of an alleged threat of 6249
child abuse or child neglect, that allegedly occurred in or 6250
involved an out-of-home care entity, the agency shall send written 6251
notice of the disposition of the investigation to the 6252
administrator, director, or other chief administrative officer and 6253
the owner or governing board of the out-of-home care entity. The 6254
agency shall not provide witness statements or police or other 6255
investigative reports.6256

       (O) As used in this section, "investigation" means the public 6257
children services agency's response to an accepted report of child 6258
abuse or neglect through either an alternative response or a 6259
traditional response.6260

       Sec. 2305.11.  (A) An action for libel, slander, malicious 6261
prosecution, or false imprisonment, an action for malpractice 6262
other than an action upon a medical, dental, optometric, or 6263
chiropractic claim or against a registered surveyor, or an action 6264
upon a statute for a penalty or forfeiture shall be commenced 6265
within one year after the cause of action accrued, provided that 6266
an action by an employee for the payment of unpaid minimum wages, 6267
unpaid overtime compensation, or liquidated damages by reason of 6268
the nonpayment of minimum wages or overtime compensation shall be 6269
commenced within two years after the cause of action accrued.6270

       (B) An action for malpractice against a registered surveyor 6271
shall be commenced within four years after the completion of the 6272
engagement on which the cause of action is based.6273

       (C) A civil action for unlawful abortion pursuant to section 6274
2919.12 of the Revised Code, a civil action authorized by division 6275
(H) of section 2317.56 of the Revised Code, a civil action 6276
pursuant to division (B)(1) or (2) of section 2307.51 of the 6277
Revised Code for performing a dilation and extraction procedure or 6278
attempting to perform a dilation and extraction procedure in 6279
violation of section 2919.15 of the Revised Code, and a civil 6280
action pursuant to division (B) of section 2307.52 of the Revised 6281
Code for terminating or attempting to terminate a human pregnancy 6282
after viability in violation of division (A) of section 2919.17 of 6283
the Revised Code shall be commenced within one year after the 6284
performance or inducement of the abortion, within one year after 6285
the attempt to perform or induce the abortion in violation of 6286
division (A) of section 2919.17 of the Revised Code, within one 6287
year after the performance of the dilation and extraction 6288
procedure, or, in the case of a civil action pursuant to division 6289
(B)(2) of section 2307.51 of the Revised Code, within one year 6290
after the attempt to perform the dilation and extraction 6291
procedure.6292

       (C)(D) As used in this section, "medical claim," "dental 6293
claim," "optometric claim," and "chiropractic claim" have the same 6294
meanings as in section 2305.113 of the Revised Code.6295

       Sec. 2915.08.  (A)(1) Annually before the first day of 6296
January, a charitable organization that desires to conduct bingo, 6297
instant bingo at a bingo session, or instant bingo other than at a 6298
bingo session shall make out, upon a form to be furnished by the 6299
attorney general for that purpose, an application for a license to 6300
conduct bingo, instant bingo at a bingo session, or instant bingo 6301
other than at a bingo session and deliver that application to the 6302
attorney general together with a license fee as follows:6303

       (a) Except as otherwise provided in this division, for a 6304
license for the conduct of bingo, two hundred dollars;6305

        (b) For a license for the conduct of instant bingo at a bingo 6306
session or instant bingo other than at a bingo session for a 6307
charitable organization that previously has not been licensed 6308
under this chapter to conduct instant bingo at a bingo session or 6309
instant bingo other than at a bingo session, a license fee of five 6310
hundred dollars, and for any other charitable organization, a 6311
license fee that is based upon the gross profits received by the 6312
charitable organization from the operation of instant bingo at a 6313
bingo session or instant bingo other than at a bingo session, 6314
during the one-year period ending on the thirty-first day of 6315
October of the year immediately preceding the year for which the 6316
license is sought, and that is one of the following:6317

       (i) Five hundred dollars, if the total is fifty thousand 6318
dollars or less;6319

       (ii) One thousand two hundred fifty dollars plus one-fourth 6320
per cent of the gross profit, if the total is more than fifty 6321
thousand dollars but less than two hundred fifty thousand one 6322
dollars;6323

       (iii) Two thousand two hundred fifty dollars plus one-half 6324
per cent of the gross profit, if the total is more than two 6325
hundred fifty thousand dollars but less than five hundred thousand 6326
one dollars;6327

       (iv) Three thousand five hundred dollars plus one per cent of 6328
the gross profit, if the total is more than five hundred thousand 6329
dollars but less than one million one dollars;6330

       (v) Five thousand dollars plus one per cent of the gross 6331
profit, if the total is one million one dollars or more;6332

       (c) A reduced license fee established by the attorney general 6333
pursuant to division (G) of this section.6334

       (d) For a license to conduct bingo for a charitable 6335
organization that prior to July 1, 2003, has not been licensed 6336
under this chapter to conduct bingo, instant bingo at a bingo 6337
session, or instant bingo other than at a bingo session, a license 6338
fee established by rule by the attorney general in accordance with 6339
division (H) of this section.6340

       (2) The application shall be in the form prescribed by the 6341
attorney general, shall be signed and sworn to by the applicant, 6342
and shall contain all of the following:6343

       (a) The name and post-office address of the applicant;6344

       (b) A statement that the applicant is a charitable 6345
organization and that it has been in continuous existence as a 6346
charitable organization in this state for two years immediately 6347
preceding the making of the application;6348

       (c) The location at which the organization will conduct 6349
bingo, which location shall be within the county in which the 6350
principal place of business of the applicant is located, the days 6351
of the week and the times on each of those days when bingo will be 6352
conducted, whether the organization owns, leases, or subleases the 6353
premises, and a copy of the rental agreement if it leases or 6354
subleases the premises;6355

       (d) A statement of the applicant's previous history, record, 6356
and association that is sufficient to establish that the applicant 6357
is a charitable organization, and a copy of a determination letter 6358
that is issued by the Internal Revenue Service and states that the 6359
organization is tax exempt under subsection 501(a) and described 6360
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 6361
501(c)(10), or 501(c)(19) of the Internal Revenue Code;6362

       (e) A statement as to whether the applicant has ever had any 6363
previous application refused, whether it previously has had a 6364
license revoked or suspended, and the reason stated by the 6365
attorney general for the refusal, revocation, or suspension;6366

       (f) A statement of the charitable purposes for which the net 6367
profit derived from bingo, other than instant bingo, will be used, 6368
and a statement of how the net profit derived from instant bingo 6369
will be distributed in accordance with section 2915.101 of the 6370
Revised Code;6371

       (g) Other necessary and reasonable information that the 6372
attorney general may require by rule adopted pursuant to section 6373
111.15 of the Revised Code;6374

       (h) If the applicant is a charitable trust as defined in 6375
section 109.23 of the Revised Code, a statement as to whether it 6376
has registered with the attorney general pursuant to section 6377
109.26 of the Revised Code or filed annual reports pursuant to 6378
section 109.31 of the Revised Code, and, if it is not required to 6379
do either, the exemption in section 109.26 or 109.31 of the 6380
Revised Code that applies to it;6381

       (i) If the applicant is a charitable organization as defined 6382
in section 1716.01 of the Revised Code, a statement as to whether 6383
it has filed with the attorney general a registration statement 6384
pursuant to section 1716.02 of the Revised Code and a financial 6385
report pursuant to section 1716.04 of the Revised Code, and, if it 6386
is not required to do both, the exemption in section 1716.03 of 6387
the Revised Code that applies to it;6388

       (j) In the case of an applicant seeking to qualify as a youth 6389
athletic park organization, a statement issued by a board or body 6390
vested with authority under Chapter 755. of the Revised Code for 6391
the supervision and maintenance of recreation facilities in the 6392
territory in which the organization is located, certifying that 6393
the playing fields owned by the organization were used for at 6394
least one hundred days during the year in which the statement is 6395
issued, and were open for use to all residents of that territory, 6396
regardless of race, color, creed, religion, sex, or national 6397
origin, for athletic activities by youth athletic organizations 6398
that do not discriminate on the basis of race, color, creed, 6399
religion, sex, or national origin, and that the fields were not 6400
used for any profit-making activity at any time during the year. 6401
That type of board or body is authorized to issue the statement 6402
upon request and shall issue the statement if it finds that the 6403
applicant's playing fields were so used.6404

       (3) The attorney general, within thirty days after receiving 6405
a timely filed application from a charitable organization that has 6406
been issued a license under this section that has not expired and 6407
has not been revoked or suspended, shall send a temporary permit 6408
to the applicant specifying the date on which the application was 6409
filed with the attorney general and stating that, pursuant to 6410
section 119.06 of the Revised Code, the applicant may continue to 6411
conduct bingo until a new license is granted or, if the 6412
application is rejected, until fifteen days after notice of the 6413
rejection is mailed to the applicant. The temporary permit does 6414
not affect the validity of the applicant's application and does 6415
not grant any rights to the applicant except those rights 6416
specifically granted in section 119.06 of the Revised Code. The 6417
issuance of a temporary permit by the attorney general pursuant to 6418
this division does not prohibit the attorney general from 6419
rejecting the applicant's application because of acts that the 6420
applicant committed, or actions that the applicant failed to take, 6421
before or after the issuance of the temporary permit.6422

       (4) Within thirty days after receiving an initial license 6423
application from a charitable organization to conduct bingo, 6424
instant bingo at a bingo session, or instant bingo other than at a 6425
bingo session, the attorney general shall conduct a preliminary 6426
review of the application and notify the applicant regarding any 6427
deficiencies. Once an application is deemed complete, or beginning 6428
on the thirtieth day after the application is filed, if the 6429
attorney general failed to notify the applicant of any 6430
deficiencies, the attorney general shall have an additional sixty 6431
days to conduct an investigation and either grant or deny the 6432
application based on findings established and communicated in 6433
accordance with divisions (B) and (E) of this section. As an 6434
option to granting or denying an initial license application, the 6435
attorney general may grant a temporary license and request 6436
additional time to conduct the investigation if the attorney 6437
general has cause to believe that additional time is necessary to 6438
complete the investigation and has notified the applicant in 6439
writing about the specific concerns raised during the 6440
investigation.6441

       (B)(1) The attorney general shall adopt rules to enforce 6442
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised 6443
Code to ensure that bingo or instant bingo is conducted in 6444
accordance with those sections and to maintain proper control over 6445
the conduct of bingo or instant bingo. The rules, except rules 6446
adopted pursuant to divisions (A)(2)(g) and (G) of this section, 6447
shall be adopted pursuant to Chapter 119. of the Revised Code. The 6448
attorney general shall license charitable organizations to conduct 6449
bingo, instant bingo at a bingo session, or instant bingo other 6450
than at a bingo session in conformance with this chapter and with 6451
the licensing provisions of Chapter 119. of the Revised Code.6452

       (2) The attorney general may refuse to grant a license to any 6453
organization, or revoke or suspend the license of any 6454
organization, that does any of the following or to which any of 6455
the following applies:6456

       (a) Fails or has failed at any time to meet any requirement 6457
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to 6458
2915.11 of the Revised Code, or violates or has violated any 6459
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised 6460
Code or any rule adopted by the attorney general pursuant to this 6461
section;6462

       (b) Makes or has made an incorrect or false statement that is 6463
material to the granting of the license in an application filed 6464
pursuant to division (A) of this section;6465

       (c) Submits or has submitted any incorrect or false 6466
information relating to an application if the information is 6467
material to the granting of the license;6468

       (d) Maintains or has maintained any incorrect or false 6469
information that is material to the granting of the license in the 6470
records required to be kept pursuant to divisions (A) and (C) of 6471
section 2915.10 of the Revised Code, if applicable;6472

       (e) The attorney general has good cause to believe that the 6473
organization will not conduct bingo, instant bingo at a bingo 6474
session, or instant bingo other than at a bingo session in 6475
accordance with sections 2915.07 to 2915.13 of the Revised Code or 6476
with any rule adopted by the attorney general pursuant to this 6477
section.6478

       (3) For the purposes of division (B) of this section, any 6479
action of an officer, trustee, agent, representative, or bingo 6480
game operator of an organization is an action of the organization.6481

       (C) The attorney general may grant licenses to charitable 6482
organizations that are branches, lodges, or chapters of national 6483
charitable organizations.6484

       (D) The attorney general shall send notice in writing to the 6485
prosecuting attorney and sheriff of the county in which the 6486
organization will conduct bingo, instant bingo at a bingo session, 6487
or instant bingo other than at a bingo session, as stated in its 6488
application for a license or amended license, and to any other law 6489
enforcement agency in that county that so requests, of all of the 6490
following:6491

       (1) The issuance of the license;6492

       (2) The issuance of the amended license;6493

       (3) The rejection of an application for and refusal to grant 6494
a license;6495

       (4) The revocation of any license previously issued;6496

       (5) The suspension of any license previously issued.6497

       (E) A license issued by the attorney general shall set forth 6498
the information contained on the application of the charitable 6499
organization that the attorney general determines is relevant, 6500
including, but not limited to, the location at which the 6501
organization will conduct bingo, instant bingo at a bingo session, 6502
or instant bingo other than at a bingo session and the days of the 6503
week and the times on each of those days when bingo will be 6504
conducted. If the attorney general refuses to grant or revokes or 6505
suspends a license, the attorney general shall notify the 6506
applicant in writing and specifically identify the reason for the 6507
refusal, revocation, or suspension in narrative form and, if 6508
applicable, by identifying the section of the Revised Code 6509
violated. The failure of the attorney general to give the written 6510
notice of the reasons for the refusal, revocation, or suspension 6511
or a mistake in the written notice does not affect the validity of 6512
the attorney general's refusal to grant, or the revocation or 6513
suspension of, a license. If the attorney general fails to give 6514
the written notice or if there is a mistake in the written notice, 6515
the applicant may bring an action to compel the attorney general 6516
to comply with this division or to correct the mistake, but the 6517
attorney general's order refusing to grant, or revoking or 6518
suspending, a license shall not be enjoined during the pendency of 6519
the action.6520

       (F) A charitable organization that has been issued a license 6521
pursuant to division (B) of this section but that cannot conduct 6522
bingo or instant bingo at the location, or on the day of the week 6523
or at the time, specified on the license due to circumstances that 6524
make it impractical to do so, or that desires to conduct instant 6525
bingo other than at a bingo session at additional locations not 6526
identified on the license, may apply in writing, together with an 6527
application fee of two hundred fifty dollars, to the attorney 6528
general, at least thirty days prior to a change in or addition of 6529
a location, day of the week, or time, and request an amended 6530
license. TheAs applicable, the application shall describe the 6531
causes making it impractical for the organization to conduct bingo 6532
or instant bingo in conformity with its license and shall indicate 6533
the location, days of the week, and times on each of those days 6534
when it desires to conduct bingo or instant bingo and, as 6535
applicable, shall indicate the additional locations at which it 6536
desires to conduct instant bingo other than at a bingo session. 6537
Except as otherwise provided in this division, the attorney 6538
general shall issue the amended license in accordance with 6539
division (E) of this section, and the organization shall surrender 6540
its original license to the attorney general. The attorney general 6541
may refuse to grant an amended license according to the terms of 6542
division (B) of this section.6543

       (G) The attorney general, by rule adopted pursuant to section 6544
111.15 of the Revised Code, shall establish a schedule of reduced 6545
license fees for charitable organizations that desire to conduct 6546
bingo or instant bingo during fewer than twenty-six weeks in any 6547
calendar year.6548

       (H) The attorney general, by rule adopted pursuant to section 6549
111.15 of the Revised Code, shall establish license fees for the 6550
conduct of bingo, instant bingo at a bingo session, or instant 6551
bingo other than at a bingo session for charitable organizations 6552
that prior to July 1, 2003, have not been licensed to conduct 6553
bingo, instant bingo at a bingo session, or instant bingo other 6554
than at a bingo session under this chapter.6555

       (I) The attorney general may enter into a written contract 6556
with any other state agency to delegate to that state agency the 6557
powers prescribed to the attorney general under Chapter 2915. of 6558
the Revised Code.6559

        (J) The attorney general, by rule adopted pursuant to section 6560
111.15 of the Revised Code, may adopt rules to determine the 6561
requirements for a charitable organization that is exempt from 6562
federal income taxation under subsection 501(a) and described in 6563
subsection 501(c)(3) of the Internal Revenue Code to be in good 6564
standing in the state.6565

       Sec. 2945.402.  (A) In approving a conditional release, the 6566
trial court may set any conditions on the release with respect to 6567
the treatment, evaluation, counseling, or control of the defendant 6568
or person that the court considers necessary to protect the public 6569
safety and the welfare of the defendant or person. The trial court 6570
may revoke a defendant's or person's conditional release and order 6571
reinstatement of the previous placement or reinstitutionalization 6572
at any time the conditions of the release have not been satisfied, 6573
provided that the revocation shall be in accordance with this 6574
section.6575

       (B) A conditional release is a commitment. The hearings on 6576
continued commitment as described in section 2945.401 of the 6577
Revised Code apply to a defendant or person on conditional 6578
release.6579

       (C) A person, agency, or facility that is assigned to monitor 6580
a defendant or person on conditional release immediately shall 6581
notify the trial court on learning that the defendant or person 6582
being monitored has violated the terms of the conditional release. 6583
Upon learning of any violation of the terms of the conditional 6584
release, the trial court may issue a temporary order of detention 6585
or, if necessary, an arrest warrant for the defendant or person. 6586
Within ten court days after the defendant's or person's detention 6587
or arrest, the trial court shall conduct a hearing to determine 6588
whether the conditional release should be modified or terminated. 6589
At the hearing, the defendant or person shall have the same rights 6590
as are described in division (C) of section 2945.40 of the Revised 6591
Code. The trial court may order a continuance of the ten-court-day 6592
period for no longer than ten days for good cause shown or for any 6593
period on motion of the defendant or person. If the trial court 6594
fails to conduct the hearing within the ten-court-day period and 6595
does not order a continuance in accordance with this division, the 6596
defendant or person shall be restored to the prior conditional 6597
release status.6598

       (D) The trial court shall give all parties reasonable notice 6599
of a hearing conducted under this section. At the hearing, the 6600
prosecutor shall present the case demonstrating that the defendant 6601
or person violated the terms of the conditional release. If the 6602
court finds by a preponderance of the evidence that the defendant 6603
or person violated the terms of the conditional release, the court 6604
may continue, modify, or terminate the conditional release and 6605
shall enter its order accordingly.6606

       (E)(1) If a court approves a conditional release, the court 6607
shall report the approval and information pertaining to the 6608
release to the local law enforcement agency. The local law 6609
enforcement agency shall enter the approval and information into 6610
the national crime information center supervised release file 6611
through the law enforcement automated data system. The information 6612
required by divisions (E)(1)(c) and (d) of this section shall be 6613
entered into the file's miscellaneous field. The information 6614
reported and entered shall include all of the following:6615

       (a) The name of the court providing the information;6616

       (b) The offense or offenses with which the defendant or 6617
person was charged;6618

       (c) Whether the person was found not guilty by reason of 6619
insanity or incompetent to stand trial with no substantial 6620
probability of becoming competent even with a course of treatment;6621

       (d) The reason for the conditional release;6622

       (e) Any other information required for the entry of 6623
information into the national crime information center supervised 6624
release file.6625

       (2) Information entered into the national crime information 6626
center supervised release file pursuant to this section shall 6627
remain in the file until the termination of the conditional 6628
release or commitment.6629

       (3) If a defendant or person about whom information is 6630
entered into the national crime information center supervised 6631
release file pursuant to division (E)(1) of this section has 6632
contact with a law enforcement agency after the information is 6633
entered, the agency shall report the contact to the department of 6634
mental health and addiction services and, if the terms of the 6635
release require the defendant or person to receive mental health 6636
treatment, to the person, office, or agency providing the 6637
treatment.6638

       (4) As used in division (E) of this section, "local law 6639
enforcement agency" means the police department of a municipal 6640
corporation in which the offense with which a releasee was charged 6641
allegedly occurred or, if the offense did not allegedly occur in a 6642
municipal corporation, the sheriff of the county in which the 6643
offense allegedly occurred.6644

       Sec. 3123.89. (A) Subject to section 3770.071 of the Revised 6645
Code, a child support enforcement agency that determines that an 6646
obligor who is the recipient of a lottery prize award is subject 6647
to a final and enforceable determination of default made under 6648
sections 3123.01 to 3123.07 of the Revised Code shall issue an 6649
intercept directive to the director of the state lottery 6650
commission. A copy of this intercept directive shall be sent to 6651
the obligor.6652

       (B) The intercept directive shall require the director or the 6653
director's designee to transmit an amount or amounts from the 6654
proceeds of the specified lottery prize award to the office of 6655
child support in the department of job and family services. The 6656
intercept directive also shall contain all of the following 6657
information:6658

       (1) The name, address, and social security number or taxpayer 6659
identification number of the obligor;6660

       (2) A statement that the obligor has been determined to be in 6661
default under a support order;6662

       (3) The amount of the arrearage owed by the obligor as 6663
determined by the agency.6664

       (C) After receipt of an intercept directive and in accordance 6665
with section 3770.071 of the Revised Code, the director or the 6666
director's designee shall deduct the amount or amounts specified 6667
from the proceeds of the lottery prize award referred to in the 6668
directive and transmit the amounts to the office of child support.6669

       (D) The department of job and family services shall develop 6670
and implement a data match program with the state lottery 6671
commission or its lottery sales agents to identify obligors who 6672
are subject to a final and enforceable determination of default 6673
made under sections 3123.01 to 3123.07 of the Revised Code in 6674
accordance with section 3770.071 of the Revised Code.6675

       Sec. 3123.90.  (A) As used in this section, "casino 6676
facility," "casino operator," and "management company" have the 6677
meanings defined in section 3772.01 of the Revised Code.6678

       (B) The department of job and family services shall develop 6679
and implement a data match program with each casino facility's 6680
casino operator or management company to identify obligors who are 6681
subject to a final and enforceable determination of default made 6682
under sections 3123.01 to 3123.07 of the Revised Code.6683

       (C) Upon the data match program's implementation, if a 6684
person's winnings at a casino facility are an amount for which 6685
reporting to the internal revenue service of the amount is 6686
required by section 6041 of the Internal Revenue Code, as amended, 6687
the casino operator or management company shall determine if the 6688
person entitled to the winnings is in default under a support 6689
order. If the casino operator or management company determines 6690
that the person is in default, the casino operator or management 6691
company shall withhold from the person's winnings an amount 6692
sufficient to satisfy any past due support owed by the obligor 6693
identified in the data match up to the amount of the winnings.6694

       (D) Not later than seven days after withholding the amount, 6695
the casino operator or management company shall transmit any 6696
amount withheld to the department as payment on the support 6697
obligation.6698

       (E) The department may adopt rules under Chapter 119. of the 6699
Revised Code as are necessary for implementation of this section.6700

       Sec. 3313.617. (A) A person who meets all of the following 6701
criteria shall be permitted to take the tests of general 6702
educational development:6703

       (1) The person is at least eighteen years of age.6704

       (2) The person is officially withdrawn from school.6705

       (3) The person has not received a high school diploma or 6706
honors diploma awarded under section 3313.61, 3313.611, 3313.612, 6707
or 3325.08 of the Revised Code.6708

       (B) When a person who is at least sixteen years of age but 6709
less than nineteeneighteen years of age applies to the department 6710
of education to take the tests of general educational development, 6711
the person shall submit with the application written approval from 6712
the superintendent of the school district in which the person was 6713
last enrolled, or the superintendent's designee, except that if 6714
the person was last enrolled in a community school established 6715
under Chapter 3314. of the Revised Code or a science, technology, 6716
engineering, and mathematics school established under Chapter 6717
3326. of the Revised Code, the approval shall be from the 6718
principal of the school, or the principal's designee. The 6719
department may require the person also to submit written approval 6720
from the person's parent or guardian or a court official, if the 6721
person is younger than eighteen years of age.6722

       (B)(C) For the purpose of calculating graduation rates for 6723
the school district and building report cards under section 6724
3302.03 of the Revised Code, the department shall count any person 6725
for whom approval is obtained from the superintendent or 6726
principal, or a designee,person's parent or guardian or a court 6727
official under division (A)(B) of this section as a dropout from 6728
the district or school in which the person was last enrolled prior 6729
to obtaining the approval.6730

       Sec. 3313.902.  (A) As used in this section:6731

       (1) "Approved industry credential or certificate" means a 6732
credential or certificate that is approved by the chancellor of 6733
the Ohio board of regents.6734

       (2) "Eligible institution" means any of the following:6735

       (a) A community college established under Chapter 3354. of 6736
the Revised Code;6737

       (b) A technical college established under Chapter 3357. of 6738
the Revised Code;6739

       (c) A state community college established under Chapter 3358. 6740
of the Revised Code;6741

       (d) An Ohio technical center recognized by the chancellor 6742
that provides post-secondary workforce education.6743

       (3) "Eligible student" means an individual who is at least 6744
twenty-two years of age and has not received a high school diploma 6745
or a certificate of high school equivalence, as defined in section 6746
4109.06 of the Revised Code.6747

       (B) The adult career opportunity pilot program is hereby 6748
established to permit an eligible institution to obtain approval 6749
from the state board of education and the chancellor to develop 6750
and offer a program of study that allows an eligible student to 6751
obtain a high school diploma. A program shall be eligible for this 6752
approval if it satisfies all of the following requirements:6753

       (1) The program allows an eligible student to complete the 6754
requirements for obtaining a high school diploma while completing 6755
requirements for an approved industry credential or certificate.6756

       (2) The program includes career advising and outreach.6757

       (3) The program includes opportunities for students to 6758
receive a competency-based education.6759

       (C) The superintendent of public instruction, in consultation 6760
with the chancellor, shall adopt rules for the implementation of 6761
the adult career opportunity pilot program, including the 6762
requirements for applying for program approval.6763

       Sec. 3314.08.  (A) As used in this section:6764

       (1)(a) "Category one career-technical education student" 6765
means a student who is receiving the career-technical education 6766
services described in division (A) of section 3317.014 of the 6767
Revised Code.6768

       (b) "Category two career-technical student" means a student 6769
who is receiving the career-technical education services described 6770
in division (B) of section 3317.014 of the Revised Code.6771

       (c) "Category three career-technical student" means a student 6772
who is receiving the career-technical education services described 6773
in division (C) of section 3317.014 of the Revised Code.6774

       (d) "Category four career-technical student" means a student 6775
who is receiving the career-technical education services described 6776
in division (D) of section 3317.014 of the Revised Code.6777

       (e) "Category five career-technical education student" means 6778
a student who is receiving the career-technical education services 6779
described in division (E) of section 3317.014 of the Revised Code.6780

       (2)(a) "Category one limited English proficient student" 6781
means a limited English proficient student described in division 6782
(A) of section 3317.016 of the Revised Code.6783

       (b) "Category two limited English proficient student" means a 6784
limited English proficient student described in division (B) of 6785
section 3317.016 of the Revised Code.6786

       (c) "Category three limited English proficient student" means 6787
a limited English proficient student described in division (C) of 6788
section 3317.016 of the Revised Code.6789

       (3)(a) "Category one special education student" means a 6790
student who is receiving special education services for a 6791
disability specified in division (A) of section 3317.013 of the 6792
Revised Code.6793

       (b) "Category two special education student" means a student 6794
who is receiving special education services for a disability 6795
specified in division (B) of section 3317.013 of the Revised Code.6796

       (c) "Category three special education student" means a 6797
student who is receiving special education services for a 6798
disability specified in division (C) of section 3317.013 of the 6799
Revised Code.6800

       (d) "Category four special education student" means a student 6801
who is receiving special education services for a disability 6802
specified in division (D) of section 3317.013 of the Revised Code.6803

       (e) "Category five special education student" means a student 6804
who is receiving special education services for a disability 6805
specified in division (E) of section 3317.013 of the Revised Code.6806

       (f) "Category six special education student" means a student 6807
who is receiving special education services for a disability 6808
specified in division (F) of section 3317.013 of the Revised Code.6809

       (4) "Formula amount" has the same meaning as in section 6810
3317.02 of the Revised Code.6811

       (5) "IEP" has the same meaning as in section 3323.01 of the 6812
Revised Code.6813

       (6) "Resident district" means the school district in which a 6814
student is entitled to attend school under section 3313.64 or 6815
3313.65 of the Revised Code.6816

       (7) "State education aid" has the same meaning as in section 6817
5751.20 of the Revised Code.6818

       (B) The state board of education shall adopt rules requiring 6819
both of the following:6820

       (1) The board of education of each city, exempted village, 6821
and local school district to annually report the number of 6822
students entitled to attend school in the district who are 6823
enrolled in each grade kindergarten through twelve in a community 6824
school established under this chapter, and for each child, the 6825
community school in which the child is enrolled.6826

       (2) The governing authority of each community school 6827
established under this chapter to annually report all of the 6828
following:6829

       (a) The number of students enrolled in grades one through 6830
twelve and the full-time equivalent number of students enrolled in 6831
kindergarten in the school who are not receiving special education 6832
and related services pursuant to an IEP;6833

       (b) The number of enrolled students in grades one through 6834
twelve and the full-time equivalent number of enrolled students in 6835
kindergarten, who are receiving special education and related 6836
services pursuant to an IEP;6837

       (c) The number of students reported under division (B)(2)(b) 6838
of this section receiving special education and related services 6839
pursuant to an IEP for a disability described in each of divisions 6840
(A) to (F) of section 3317.013 of the Revised Code;6841

       (d) The full-time equivalent number of students reported 6842
under divisions (B)(2)(a) and (b) of this section who are enrolled 6843
in career-technical education programs or classes described in 6844
each of divisions (A) to (E) of section 3317.014 of the Revised 6845
Code that are provided by the community school;6846

       (e) Twenty per cent of theThe number of students reported 6847
under divisions (B)(2)(a) and (b) of this section who are not 6848
reported under division (B)(2)(d) of this section but who are 6849
enrolled in career-technical education programs or classes 6850
described in each of divisions (A) to (E) of section 3317.014 of 6851
the Revised Code at a joint vocational school district or another 6852
district in the career-technical planning district to which the 6853
school is assigned;6854

       (f) The number of students reported under divisions (B)(2)(a) 6855
and (b) of this section who are category one to three limited 6856
English proficient students described in each of divisions (A) to 6857
(C) of section 3317.016 of the Revised Code;6858

       (g) The number of students reported under divisions (B)(2)(a) 6859
and (b) who are economically disadvantaged, as defined by the 6860
department. A student shall not be categorically excluded from the 6861
number reported under division (B)(2)(g) of this section based on 6862
anything other than family income.6863

       (h) For each student, the city, exempted village, or local 6864
school district in which the student is entitled to attend school 6865
under section 3313.64 or 3313.65 of the Revised Code.6866

       A school district board and a community school governing 6867
authority shall include in their respective reports under division 6868
(B) of this section any child admitted in accordance with division 6869
(A)(2) of section 3321.01 of the Revised Code.6870

        A governing authority of a community school shall not include 6871
in its report under division (B)(2) of this section any student 6872
for whom tuition is charged under division (F) of this section.6873

       (C)(1) Except as provided in division (C)(2) of this section, 6874
and subject to divisions (C)(3), (4), (5), (6), and (7) of this 6875
section, on a full-time equivalency basis, for each student 6876
enrolled in a community school established under this chapter, the 6877
department of education annually shall deduct from the state 6878
education aid of a student's resident district and, if necessary, 6879
from the payment made to the district under sections 321.24 and 6880
323.156 of the Revised Code and pay to the community school the 6881
sum of the following:6882

       (a) An opportunity grant in an amount equal to the formula 6883
amount;6884

       (b) The per pupil amount of targeted assistance funds 6885
calculated under division (A) of section 3317.0217 of the Revised 6886
Code for the student's resident district, as determined by the 6887
department, X 0.25;6888

       (c) Additional state aid for special education and related 6889
services provided under Chapter 3323. of the Revised Code as 6890
follows:6891

       (i) If the student is a category one special education 6892
student, the amount specified in division (A) of section 3317.013 6893
of the Revised Code;6894

       (ii) If the student is a category two special education 6895
student, the amount specified in division (B) of section 3317.013 6896
of the Revised Code;6897

       (iii) If the student is a category three special education 6898
student, the amount specified in division (C) of section 3317.013 6899
of the Revised Code;6900

       (iv) If the student is a category four special education 6901
student, the amount specified in division (D) of section 3317.013 6902
of the Revised Code;6903

       (v) If the student is a category five special education 6904
student, the amount specified in division (E) of section 3317.013 6905
of the Revised Code;6906

       (vi) If the student is a category six special education 6907
student, the amount specified in division (F) of section 3317.013 6908
of the Revised Code.6909

       (d) If the student is in kindergarten through third grade, an 6910
additional amount of $211, in fiscal year 2014, and $290, in 6911
fiscal year 2015;6912

       (e) If the student is economically disadvantaged, an 6913
additional amount equal to the following:6914

       ($269, in fiscal year 2014, or $272, in fiscal year 2015) X 6915
(the resident district's economically disadvantaged index)6916

       (f) Limited English proficiency funds as follows:6917

       (i) If the student is a category one limited English 6918
proficient student, the amount specified in division (A) of 6919
section 3317.016 of the Revised Code;6920

       (ii) If the student is a category two limited English 6921
proficient student, the amount specified in division (B) of 6922
section 3317.016 of the Revised Code;6923

       (iii) If the student is a category three limited English 6924
proficient student, the amount specified in division (C) of 6925
section 3317.016 of the Revised Code.6926

       (g) Career-technicalIf the student is reported under 6927
division (B)(2)(d) of this section, career-technical education 6928
funds as follows:6929

       (i) If the student is a category one career-technical 6930
education student, the amount specified in division (A) of section 6931
3317.014 of the Revised Code;6932

       (ii) If the student is a category two career-technical 6933
education student, the amount specified in division (B) of section 6934
3317.014 of the Revised Code;6935

       (iii) If the student is a category three career-technical 6936
education student, the amount specified in division (C) of section 6937
3317.014 of the Revised Code;6938

       (iv) If the student is a category four career-technical 6939
education student, the amount specified in division (D) of section 6940
3317.014 of the Revised Code;6941

       (v) If the student is a category five career-technical 6942
education student, the amount specified in division (E) of section 6943
3317.014 of the Revised Code.6944

       Deduction and payment of funds under division (C)(1)(g) of 6945
this section is subject to approval by the lead district of a 6946
career-technical planning district or the department of education 6947
under section 3317.161 of the Revised Code.6948

       (2) When deducting from the state education aid of a 6949
student's resident district for students enrolled in an internet- 6950
or computer-based community school and making payments to such 6951
school under this section, the department shall make the 6952
deductions and payments described in only divisions (C)(1)(a), 6953
(c), and (g) of this section.6954

       No deductions or payments shall be made for a student 6955
enrolled in such school under division (C)(1)(b), (d), (e), or (f) 6956
of this section.6957

       (3)(a) If a community school's costs for a fiscal year for a 6958
student receiving special education and related services pursuant 6959
to an IEP for a disability described in divisions (B) to (F) of 6960
section 3317.013 of the Revised Code exceed the threshold 6961
catastrophic cost for serving the student as specified in division 6962
(B) of section 3317.0214 of the Revised Code, the school may 6963
submit to the superintendent of public instruction documentation, 6964
as prescribed by the superintendent, of all its costs for that 6965
student. Upon submission of documentation for a student of the 6966
type and in the manner prescribed, the department shall pay to the 6967
community school an amount equal to the school's costs for the 6968
student in excess of the threshold catastrophic costs.6969

       (b) The community school shall report under division 6970
(C)(3)(a) of this section, and the department shall pay for, only 6971
the costs of educational expenses and the related services 6972
provided to the student in accordance with the student's 6973
individualized education program. Any legal fees, court costs, or 6974
other costs associated with any cause of action relating to the 6975
student may not be included in the amount.6976

       (4) In any fiscal year, a community school receiving funds 6977
under division (C)(1)(g) of this section shall spend those funds 6978
only for the purposes that the department designates as approved 6979
for career-technical education expenses. Career-technical 6980
educationaleducation expenses approved by the department shall 6981
include only expenses connected to the delivery of 6982
career-technical programming to career-technical students. The 6983
department shall require the school to report data annually so 6984
that the department may monitor the school's compliance with the 6985
requirements regarding the manner in which funding received under 6986
division (C)(1)(g) of this section may be spent.6987

       (5) All funds received under division (C)(1)(g) of this 6988
section shall be spent in the following manner:6989

       (a) At least seventy-five per cent of the funds shall be 6990
spent on curriculum development, purchase, and implementation; 6991
instructional resources and supplies; industry-based program 6992
certification; student assessment, credentialing, and placement; 6993
curriculum specific equipment purchases and leases; 6994
career-technical student organization fees and expenses; home and 6995
agency linkages; work-based learning experiences; professional 6996
development; and other costs directly associated with 6997
career-technical education programs including development of new 6998
programs.6999

       (b) Not more than twenty-five per cent of the funds shall be 7000
used for personnel expenditures.7001

       (6) A community school shall spend the funds it receives 7002
under division (C)(1)(e) of this section in accordance with 7003
section 3317.25 of the Revised Code. 7004

       (7) If the sum of the payments computed under division7005
divisions (C)(1) and (8)(a) of this section for the students 7006
entitled to attend school in a particular school district under 7007
sections 3313.64 and 3313.65 of the Revised Code exceeds the sum 7008
of that district's state education aid and its payment under 7009
sections 321.24 and 323.156 of the Revised Code, the department 7010
shall calculate and apply a proration factor to the payments to 7011
all community schools under that division for the students 7012
entitled to attend school in that district.7013

       (8)(a) Subject to division (C)(7) of this section, the 7014
department annually shall pay to each community school, including 7015
each internet- or computer-based community school, an amount equal 7016
to the following: 7017

       (The number of students reported by the community school 7018
under division (B)(2)(e) of this section X the formula amount X 7019
.20) 7020

       (b) For each payment made to a community school under 7021
division (C)(8)(a) of this section, the department shall deduct 7022
from the state education aid of each city, local, and exempted 7023
village school district and, if necessary, from the payment made 7024
to the district under sections 321.24 and 323.156 of the Revised 7025
Code an amount equal to the following: 7026

       (The number of the district's students reported by the 7027
community school under division (B)(2)(e) of this section X the 7028
formula amount X .20)7029

       (D) A board of education sponsoring a community school may 7030
utilize local funds to make enhancement grants to the school or 7031
may agree, either as part of the contract or separately, to 7032
provide any specific services to the community school at no cost 7033
to the school.7034

       (E) A community school may not levy taxes or issue bonds 7035
secured by tax revenues.7036

       (F) No community school shall charge tuition for the 7037
enrollment of any student who is a resident of this state. A 7038
community school may charge tuition for the enrollment of any 7039
student who is not a resident of this state.7040

       (G)(1)(a) A community school may borrow money to pay any 7041
necessary and actual expenses of the school in anticipation of the 7042
receipt of any portion of the payments to be received by the 7043
school pursuant to division (C) of this section. The school may 7044
issue notes to evidence such borrowing. The proceeds of the notes 7045
shall be used only for the purposes for which the anticipated 7046
receipts may be lawfully expended by the school.7047

       (b) A school may also borrow money for a term not to exceed 7048
fifteen years for the purpose of acquiring facilities.7049

       (2) Except for any amount guaranteed under section 3318.50 of 7050
the Revised Code, the state is not liable for debt incurred by the 7051
governing authority of a community school.7052

       (H) The department of education shall adjust the amounts 7053
subtracted and paid under division (C) of this section to reflect 7054
any enrollment of students in community schools for less than the 7055
equivalent of a full school year. The state board of education 7056
within ninety days after April 8, 2003, shall adopt in accordance 7057
with Chapter 119. of the Revised Code rules governing the payments 7058
to community schools under this section including initial payments 7059
in a school year and adjustments and reductions made in subsequent 7060
periodic payments to community schools and corresponding 7061
deductions from school district accounts as provided under 7062
division (C) of this section. For purposes of this section:7063

       (1) A student shall be considered enrolled in the community 7064
school for any portion of the school year the student is 7065
participating at a college under Chapter 3365. of the Revised 7066
Code.7067

       (2) A student shall be considered to be enrolled in a 7068
community school for the period of time beginning on the later of 7069
the date on which the school both has received documentation of 7070
the student's enrollment from a parent and the student has 7071
commenced participation in learning opportunities as defined in 7072
the contract with the sponsor, or thirty days prior to the date on 7073
which the student is entered into the education management 7074
information system established under section 3301.0714 of the 7075
Revised Code. For purposes of applying this division and divisions 7076
(H)(3) and (4) of this section to a community school student, 7077
"learning opportunities" shall be defined in the contract, which 7078
shall describe both classroom-based and non-classroom-based 7079
learning opportunities and shall be in compliance with criteria 7080
and documentation requirements for student participation which 7081
shall be established by the department. Any student's instruction 7082
time in non-classroom-based learning opportunities shall be 7083
certified by an employee of the community school. A student's 7084
enrollment shall be considered to cease on the date on which any 7085
of the following occur:7086

        (a) The community school receives documentation from a parent 7087
terminating enrollment of the student.7088

        (b) The community school is provided documentation of a 7089
student's enrollment in another public or private school.7090

        (c) The community school ceases to offer learning 7091
opportunities to the student pursuant to the terms of the contract 7092
with the sponsor or the operation of any provision of this 7093
chapter.7094

       Except as otherwise specified in this paragraph, beginning in 7095
the 2011-2012 school year, any student who completed the prior 7096
school year in an internet- or computer-based community school 7097
shall be considered to be enrolled in the same school in the 7098
subsequent school year until the student's enrollment has ceased 7099
as specified in division (H)(2) of this section. The department 7100
shall continue subtracting and paying amounts for the student 7101
under division (C) of this section without interruption at the 7102
start of the subsequent school year. However, if the student 7103
without a legitimate excuse fails to participate in the first one 7104
hundred five consecutive hours of learning opportunities offered 7105
to the student in that subsequent school year, the student shall 7106
be considered not to have re-enrolled in the school for that 7107
school year and the department shall recalculate the payments to 7108
the school for that school year to account for the fact that the 7109
student is not enrolled.7110

        (3) The department shall determine each community school 7111
student's percentage of full-time equivalency based on the 7112
percentage of learning opportunities offered by the community 7113
school to that student, reported either as number of hours or 7114
number of days, is of the total learning opportunities offered by 7115
the community school to a student who attends for the school's 7116
entire school year. However, no internet- or computer-based 7117
community school shall be credited for any time a student spends 7118
participating in learning opportunities beyond ten hours within 7119
any period of twenty-four consecutive hours. Whether it reports 7120
hours or days of learning opportunities, each community school 7121
shall offer not less than nine hundred twenty hours of learning 7122
opportunities during the school year.7123

       (4) With respect to the calculation of full-time equivalency 7124
under division (H)(3) of this section, the department shall waive 7125
the number of hours or days of learning opportunities not offered 7126
to a student because the community school was closed during the 7127
school year due to disease epidemic, hazardous weather conditions, 7128
law enforcement emergencies, inoperability of school buses or 7129
other equipment necessary to the school's operation, damage to a 7130
school building, or other temporary circumstances due to utility 7131
failure rendering the school building unfit for school use, so 7132
long as the school was actually open for instruction with students 7133
in attendance during that school year for not less than the 7134
minimum number of hours required by this chapter. The department 7135
shall treat the school as if it were open for instruction with 7136
students in attendance during the hours or days waived under this 7137
division.7138

       (I) The department of education shall reduce the amounts paid 7139
under this section to reflect payments made to colleges under 7140
division (B) of section 3365.07 of the Revised Code or through 7141
alternative funding agreements entered into under rules adopted 7142
under section 3365.12 of the Revised Code.7143

       (J)(1) No student shall be considered enrolled in any 7144
internet- or computer-based community school or, if applicable to 7145
the student, in any community school that is required to provide 7146
the student with a computer pursuant to division (C) of section 7147
3314.22 of the Revised Code, unless both of the following 7148
conditions are satisfied:7149

       (a) The student possesses or has been provided with all 7150
required hardware and software materials and all such materials 7151
are operational so that the student is capable of fully 7152
participating in the learning opportunities specified in the 7153
contract between the school and the school's sponsor as required 7154
by division (A)(23) of section 3314.03 of the Revised Code;7155

       (b) The school is in compliance with division (A) of section 7156
3314.22 of the Revised Code, relative to such student.7157

       (2) In accordance with policies adopted jointly by the 7158
superintendent of public instruction and the auditor of state, the 7159
department shall reduce the amounts otherwise payable under 7160
division (C) of this section to any community school that includes 7161
in its program the provision of computer hardware and software 7162
materials to any student, if such hardware and software materials 7163
have not been delivered, installed, and activated for each such 7164
student in a timely manner or other educational materials or 7165
services have not been provided according to the contract between 7166
the individual community school and its sponsor.7167

       The superintendent of public instruction and the auditor of 7168
state shall jointly establish a method for auditing any community 7169
school to which this division pertains to ensure compliance with 7170
this section.7171

       The superintendent, auditor of state, and the governor shall 7172
jointly make recommendations to the general assembly for 7173
legislative changes that may be required to assure fiscal and 7174
academic accountability for such schools.7175

       (K)(1) If the department determines that a review of a 7176
community school's enrollment is necessary, such review shall be 7177
completed and written notice of the findings shall be provided to 7178
the governing authority of the community school and its sponsor 7179
within ninety days of the end of the community school's fiscal 7180
year, unless extended for a period not to exceed thirty additional 7181
days for one of the following reasons:7182

        (a) The department and the community school mutually agree to 7183
the extension.7184

        (b) Delays in data submission caused by either a community 7185
school or its sponsor.7186

       (2) If the review results in a finding that additional 7187
funding is owed to the school, such payment shall be made within 7188
thirty days of the written notice. If the review results in a 7189
finding that the community school owes moneys to the state, the 7190
following procedure shall apply:7191

       (a) Within ten business days of the receipt of the notice of 7192
findings, the community school may appeal the department's 7193
determination to the state board of education or its designee.7194

        (b) The board or its designee shall conduct an informal 7195
hearing on the matter within thirty days of receipt of such an 7196
appeal and shall issue a decision within fifteen days of the 7197
conclusion of the hearing.7198

        (c) If the board has enlisted a designee to conduct the 7199
hearing, the designee shall certify its decision to the board. The 7200
board may accept the decision of the designee or may reject the 7201
decision of the designee and issue its own decision on the matter.7202

        (d) Any decision made by the board under this division is 7203
final.7204

        (3) If it is decided that the community school owes moneys to 7205
the state, the department shall deduct such amount from the 7206
school's future payments in accordance with guidelines issued by 7207
the superintendent of public instruction.7208

       (L) The department shall not subtract from a school 7209
district's state aid account and shall not pay to a community 7210
school under division (C) of this section any amount for any of 7211
the following:7212

        (1) Any student who has graduated from the twelfth grade of a 7213
public or nonpublic high school;7214

        (2) Any student who is not a resident of the state;7215

        (3) Any student who was enrolled in the community school 7216
during the previous school year when assessments were administered 7217
under section 3301.0711 of the Revised Code but did not take one 7218
or more of the assessments required by that section and was not 7219
excused pursuant to division (C)(1) or (3) of that section, unless 7220
the superintendent of public instruction grants the student a 7221
waiver from the requirement to take the assessment and a parent is 7222
not paying tuition for the student pursuant to section 3314.26 of 7223
the Revised Code. The superintendent may grant a waiver only for 7224
good cause in accordance with rules adopted by the state board of 7225
education.7226

       (4) Any student who has attained the age of twenty-two years, 7227
except for veterans of the armed services whose attendance was 7228
interrupted before completing the recognized twelve-year course of 7229
the public schools by reason of induction or enlistment in the 7230
armed forces and who apply for enrollment in a community school 7231
not later than four years after termination of war or their 7232
honorable discharge. If, however, any such veteran elects to 7233
enroll in special courses organized for veterans for whom tuition 7234
is paid under federal law, or otherwise, the department shall not 7235
subtract from a school district's state aid account and shall not 7236
pay to a community school under division (C) of this section any 7237
amount for that veteran.7238

       Sec. 3314.38.  (A) An individual who is at least twenty-two 7239
but younger than thirty years of age and who is an eligible 7240
individual as defined in section 3317.23 of the Revised Code may 7241
enroll for up to two cumulative school years in a dropout 7242
prevention and recovery program operated by a community school 7243
that is designed to allow enrollees to earn a high school diploma. 7244
An individual enrolled under this division may elect to satisfy 7245
the requirements to earn a high school diploma by successfully 7246
completing a competency-based instructional program that complies 7247
with the standards adopted by the chancellor of the Ohio board of 7248
regents under division (W) of section 3333.04 of the Revised Code. 7249
The community school shall report that individual's enrollment on 7250
a full-time equivalency basis to the department of education. This 7251
report shall be in addition to the report required under division 7252
(B) of section 3314.08 of the Revised Code. An individual enrolled 7253
under this division shall not be assigned to classes or settings 7254
with students who are younger than eighteen years of age.7255

       (B)(1) For each community school that enrolls individuals 7256
under division (A) of this section, the department of education 7257
annually shall certify the enrollment and attendance, on a 7258
full-time equivalency basis, of each individual reported by the 7259
school under that division. 7260

       (2) For each individual enrolled in a community school under 7261
division (A) of this section, the department annually shall pay to 7262
the community school an amount equal to the following:7263

$5,000 X the individual's enrollment on a full-time equivalency
7264
basis as certified under division (B)(1) of this section X the
7265
portion of the school year in which the individual is enrolled in
7266
the school expressed as a percentage
7267

       (C) A community school that enrolls individuals under 7268
division (A) of this section shall be subject to the program 7269
administration standards adopted by the chancellor under division 7270
(W) of section 3333.04 of the Revised Code, as applicable.7271

       Sec. 3317.01.  As used in this section, "school district," 7272
unless otherwise specified, means any city, local, exempted 7273
village, joint vocational, or cooperative education school 7274
district and any educational service center.7275

       This chapter shall be administered by the state board of 7276
education. The superintendent of public instruction shall 7277
calculate the amounts payable to each school district and shall 7278
certify the amounts payable to each eligible district to the 7279
treasurer of the district as provided by this chapter. As soon as 7280
possible after such amounts are calculated, the superintendent 7281
shall certify to the treasurer of each school district the 7282
district's adjusted charge-off increase, as defined in section 7283
5705.211 of the Revised Code. Certification of moneys pursuant to 7284
this section shall include the amounts payable to each school 7285
building, at a frequency determined by the superintendent, for 7286
each subgroup of students, as defined in section 3317.40 of the 7287
Revised Code, receiving services, provided for by state funding, 7288
from the district or school. No moneys shall be distributed 7289
pursuant to this chapter without the approval of the controlling 7290
board.7291

       The state board of education shall, in accordance with 7292
appropriations made by the general assembly, meet the financial 7293
obligations of this chapter.7294

       Moneys distributed to school districts pursuant to this 7295
chapter shall be calculated based on the annual enrollment 7296
calculated from the three reports required under sectionsections7297
3317.03 and 3317.036 of the Revised Code and paid on a fiscal year 7298
basis, beginning with the first day of July and extending through 7299
the thirtieth day of June. The moneys appropriated for each fiscal 7300
year shall be distributed periodically to each school district 7301
unless otherwise provided for. The state board, in June of each 7302
year, shall submit to the controlling board the state board's 7303
year-end distributions pursuant to this chapter.7304

       Except as otherwise provided, payments under this chapter 7305
shall be made only to those school districts in which:7306

       (A) The school district, except for any educational service 7307
center and any joint vocational or cooperative education school 7308
district, levies for current operating expenses at least twenty 7309
mills. Levies for joint vocational or cooperative education school 7310
districts or county school financing districts, limited to or to 7311
the extent apportioned to current expenses, shall be included in 7312
this qualification requirement. School district income tax levies 7313
under Chapter 5748. of the Revised Code, limited to or to the 7314
extent apportioned to current operating expenses, shall be 7315
included in this qualification requirement to the extent 7316
determined by the tax commissioner under division (D) of section 7317
3317.021 of the Revised Code.7318

       (B) The school year next preceding the fiscal year for which 7319
such payments are authorized meets the requirement of section 7320
3313.48 of the Revised Code, with regard to the minimum number of 7321
hours school must be open for instruction with pupils in 7322
attendance, for individualized parent-teacher conference and 7323
reporting periods, and for professional meetings of teachers. 7324

       A school district shall not be considered to have failed to 7325
comply with this division because schools were open for 7326
instruction but either twelfth grade students were excused from 7327
attendance for up to the equivalent of three school days or only a 7328
portion of the kindergarten students were in attendance for up to 7329
the equivalent of three school days in order to allow for the 7330
gradual orientation to school of such students.7331

       A board of education or governing board of an educational 7332
service center which has not conformed with other law and the 7333
rules pursuant thereto, shall not participate in the distribution 7334
of funds authorized by this chapter, except for good and 7335
sufficient reason established to the satisfaction of the state 7336
board of education and the state controlling board.7337

       All funds allocated to school districts under this chapter, 7338
except those specifically allocated for other purposes, shall be 7339
used to pay current operating expenses only.7340

       Sec. 3317.02.  As used in this chapter:7341

       (A)(1) "Category one career-technical education ADM" means 7342
the enrollment of students during the school year on a full-time 7343
equivalency basis in career-technical education programs described 7344
in division (A) of section 3317.014 of the Revised Code and 7345
certified under division (B)(11) or (D)(2)(h) of section 3317.03 7346
of the Revised Code.7347

       (2) "Category two career-technical education ADM" means the 7348
enrollment of students during the school year on a full-time 7349
equivalency basis in career-technical education programs described 7350
in division (B) of section 3317.014 of the Revised Code and 7351
certified under division (B)(12) or (D)(2)(i) of section 3317.03 7352
of the Revised Code.7353

       (3) "Category three career-technical education ADM" means the 7354
enrollment of students during the school year on a full-time 7355
equivalency basis in career-technical education programs described 7356
in division (C) of section 3317.014 of the Revised Code and 7357
certified under division (B)(13) or (D)(2)(j) of section 3317.03 7358
of the Revised Code.7359

       (4) "Category four career-technical education ADM" means the 7360
enrollment of students during the school year on a full-time 7361
equivalency basis in career-technical education programs described 7362
in division (D) of section 3317.014 of the Revised Code and 7363
certified under division (B)(14) or (D)(2)(k) of section 3317.03 7364
of the Revised Code.7365

       (5) "Category five career-technical education ADM" means the 7366
enrollment of students during the school year on a full-time 7367
equivalency basis in career-technical education programs described 7368
in division (E) of section 3317.014 of the Revised Code and 7369
certified under division (B)(15) or (D)(2)(l) of section 3317.03 7370
of the Revised Code.7371

       (B)(1) "Category one limited English proficient ADM" means 7372
the full-time equivalent number of limited English proficient 7373
students described in division (A) of section 3317.016 of the 7374
Revised Code and certified under division (B)(16) or (D)(2)(m) of 7375
section 3317.03 of the Revised Code.7376

       (2) "Category two limited English proficient ADM" means the 7377
full-time equivalent number of limited English proficient students 7378
described in division (B) of section 3317.016 of the Revised Code 7379
and certified under division (B)(17) or (D)(2)(n) of section 7380
3317.03 of the Revised Code.7381

       (3) "Category three limited English proficient ADM" means the 7382
full-time equivalent number of limited English proficient students 7383
described in division (C) of section 3317.016 of the Revised Code 7384
and certified under division (B)(18) or (D)(2)(o) of section 7385
3317.03 of the Revised Code.7386

       (C)(1) "Category one special education ADM" means the 7387
full-time equivalent number of children with disabilities 7388
receiving special education services for the disability specified 7389
in division (A) of section 3317.013 of the Revised Code and 7390
certified under division (B)(5) or (D)(2)(b) of section 3317.03 of 7391
the Revised Code.7392

       (2) "Category two special education ADM" means the full-time 7393
equivalent number of children with disabilities receiving special 7394
education services for those disabilities specified in division 7395
(B) of section 3317.013 of the Revised Code and certified under 7396
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised 7397
Code.7398

       (3) "Category three special education ADM" means the 7399
full-time equivalent number of students receiving special 7400
education services for those disabilities specified in division 7401
(C) of section 3317.013 of the Revised Code, and certified under 7402
division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised 7403
Code.7404

       (4) "Category four special education ADM" means the full-time 7405
equivalent number of students receiving special education services 7406
for those disabilities specified in division (D) of section 7407
3317.013 of the Revised Code and certified under division (B)(8) 7408
or (D)(2)(e) of section 3317.03 of the Revised Code.7409

       (5) "Category five special education ADM" means the full-time 7410
equivalent number of students receiving special education services 7411
for the disabilities specified in division (E) of section 3317.013 7412
of the Revised Code and certified under division (B)(9) or 7413
(D)(2)(f) of section 3317.03 of the Revised Code.7414

       (6) "Category six special education ADM" means the full-time 7415
equivalent number of students receiving special education services 7416
for the disabilities specified in division (F) of section 3317.013 7417
of the Revised Code and certified under division (B)(10) or 7418
(D)(2)(g) of section 3317.03 of the Revised Code.7419

       (D) "County DD board" means a county board of developmental 7420
disabilities.7421

       (E) "Economically disadvantaged index for a school district" 7422
means the square of the quotient of that district's percentage of 7423
students in its total ADM who are identified as economically 7424
disadvantaged as defined by the department of education, divided 7425
by the statewide percentage of students identified as economically 7426
disadvantaged.7427

       (F)(1) "Formula ADM" means, for a city, local, or exempted 7428
village school district, the enrollment reported under division 7429
(A) of section 3317.03 of the Revised Code, as verified by the 7430
superintendent of public instruction and adjusted if so ordered 7431
under division (K) of that section, and as further adjusted by 7432
countingthe department of education, as follows: 7433

       (a) Count only twenty per cent of the number of joint 7434
vocational school district students counted under division (A)(3) 7435
of section 3317.03 of the Revised Code;7436

       (b) Add twenty per cent of the number of students who are 7437
entitled to attend school in the district under section 3313.64 or 7438
3313.65 of the Revised Code and are enrolled in another school 7439
district under a career-technical education compact.7440

       (2) "Formula ADM" means, for a joint vocational school 7441
district, the final number verified by the superintendent of 7442
public instruction, based on the enrollment reported and certified 7443
under division (D) of section 3317.03 of the Revised Code, as 7444
adjusted, if so ordered, under division (K) of that section. 7445

       (G) "Formula amount" means $5,745, for fiscal year 2014, and 7446
$5,800, for fiscal year 2015.7447

       (H) "FTE basis" means a count of students based on full-time 7448
equivalency, in accordance with rules adopted by the department of 7449
education pursuant to section 3317.03 of the Revised Code. In 7450
adopting its rules under this division, the department shall 7451
provide for counting any student in category one, two, three, 7452
four, five, or six special education ADM or in category one, two, 7453
three, four, or five career technical education ADM in the same 7454
proportion the student is counted in formula ADM.7455

       (I) "Internet- or computer-based community school" has the 7456
same meaning as in section 3314.02 of the Revised Code.7457

       (J) "Medically fragile child" means a child to whom all of 7458
the following apply:7459

       (1) The child requires the services of a doctor of medicine 7460
or osteopathic medicine at least once a week due to the 7461
instability of the child's medical condition.7462

       (2) The child requires the services of a registered nurse on 7463
a daily basis.7464

       (3) The child is at risk of institutionalization in a 7465
hospital, skilled nursing facility, or intermediate care facility 7466
for individuals with intellectual disabilities.7467

       (K)(1) A child may be identified as having an "other health 7468
impairment-major" if the child's condition meets the definition of 7469
"other health impaired" established in rules previously adopted by 7470
the state board of education and if either of the following apply:7471

       (a) The child is identified as having a medical condition 7472
that is among those listed by the superintendent of public 7473
instruction as conditions where a substantial majority of cases 7474
fall within the definition of "medically fragile child."7475

       (b) The child is determined by the superintendent of public 7476
instruction to be a medically fragile child. A school district 7477
superintendent may petition the superintendent of public 7478
instruction for a determination that a child is a medically 7479
fragile child.7480

       (2) A child may be identified as having an "other health 7481
impairment-minor" if the child's condition meets the definition of 7482
"other health impaired" established in rules previously adopted by 7483
the state board of education but the child's condition does not 7484
meet either of the conditions specified in division (K)(1)(a) or 7485
(b) of this section.7486

       (L) "Preschool child with a disability" means a child with a 7487
disability, as defined in section 3323.01 of the Revised Code, who 7488
is at least age three but is not of compulsory school age, as 7489
defined in section 3321.01 of the Revised Code, and who is not 7490
currently enrolled in kindergarten.7491

       (M) "Preschool scholarship ADM" means the number of preschool 7492
children with disabilities certified under division (B)(3)(h) of 7493
section 3317.03 of the Revised Code.7494

       (N) "Related services" includes:7495

       (1) Child study, special education supervisors and 7496
coordinators, speech and hearing services, adaptive physical 7497
development services, occupational or physical therapy, teacher 7498
assistants for children with disabilities whose disabilities are 7499
described in division (B) of section 3317.013 or division (B)(3) 7500
of this section, behavioral intervention, interpreter services, 7501
work study, nursing services, and specialized integrative services 7502
as those terms are defined by the department;7503

       (2) Speech and language services provided to any student with 7504
a disability, including any student whose primary or only 7505
disability is a speech and language disability;7506

       (3) Any related service not specifically covered by other 7507
state funds but specified in federal law, including but not 7508
limited to, audiology and school psychological services;7509

       (4) Any service included in units funded under former 7510
division (O)(1) of section 3317.024 of the Revised Code;7511

       (5) Any other related service needed by children with 7512
disabilities in accordance with their individualized education 7513
programs.7514

       (O) "School district," unless otherwise specified, means 7515
city, local, and exempted village school districts.7516

       (P) "State education aid" has the same meaning as in section 7517
5751.20 of the Revised Code.7518

       (Q) "State share index" means the state share index 7519
calculated for a district under section 3317.017 of the Revised 7520
Code.7521

       (R) "Taxes charged and payable" means the taxes charged and 7522
payable against real and public utility property after making the 7523
reduction required by section 319.301 of the Revised Code, plus 7524
the taxes levied against tangible personal property.7525

       (S) "Total ADM" means, for a city, local, or exempted village 7526
school district, the enrollment reported under division (A) of 7527
section 3317.03 of the Revised Code, as verified by the 7528
superintendent of public instruction and adjusted if so ordered 7529
under division (K) of that section.7530

       (T) "Total special education ADM" means the sum of categories 7531
one through six special education ADM.7532

       (U) "Total taxable value" means the sum of the amounts 7533
certified for a city, local, exempted village, or joint vocational 7534
school district under divisions (A)(1) and (2) of section 3317.021 7535
of the Revised Code.7536

       Sec. 3317.0217. Payment of the amount calculated for a school 7537
district under this section shall be made under division (A) of 7538
section 3317.022 of the Revised Code.7539

       (A) The department of education shall annually compute 7540
targeted assistance funds to school districts, as follows:7541

        (1) Calculate the local wealth per pupil of each school 7542
district, which equals the following sum:7543

        (a) One-half times the quotient of (i) the district's 7544
three-year average valuation divided by (ii) its formula ADM; plus7545

        (b) One-half times the quotient of (i) the average of the 7546
total federal adjusted gross income of the school district's 7547
residents for the three years most recently reported under section 7548
3317.021 of the Revised Code divided by (ii) its formula ADM.7549

        (2) Rank all school districts in order of local wealth per 7550
pupil, from the district with the lowest local wealth per pupil to 7551
the district with the highest local wealth per pupil.7552

       (3) Compute the statewide wealth per pupil, which equals the 7553
following sum:7554

        (a) One-half times the quotient of (i) the sum of the 7555
three-year average valuations for all school districts divided by 7556
(ii) the sum of formula ADM counts for all schoolsschool7557
districts; plus7558

        (b) One-half times the quotient of (i) the sum of the 7559
three-year average total federal adjusted gross incomes for all 7560
school districts divided by (ii) the sum of formula ADM counts for 7561
all school districts.7562

        (4) Compute each district's wealth index by dividing the 7563
statewide wealth per pupil by the district's local wealth per 7564
pupil.7565

       (5) Compute the per pupil targeted assistance for each 7566
eligible school district in accordance with the following formula:7567

(Threshold local wealth per pupil - the district's local wealth
7568
per pupil)
7569

X target millage X the district's wealth index
7570

       Where:7571

       (a) An "eligible school district" means a school district 7572
with a local wealth per pupil less than that of the school 7573
district with the 490th lowest local wealth per pupil.7574

       (b) "Threshold local wealth per pupil" means the local wealth 7575
per pupil of the school district with the 490th lowest local 7576
wealth per pupil.7577

       (c) "Target millage" means 0.006.7578

        If the result of the calculation for a school district under 7579
division (A)(5) of this section is less than zero, the district's 7580
targeted assistance shall be zero.7581

       (6) Calculate the aggregate amount to be paid as targeted 7582
assistance funds to each school district under division (A) of 7583
section 3317.022 of the Revised Code by multiplying the per pupil 7584
targeted assistance computed under division (A)(5) of this section 7585
by the district's net formula ADM.7586

       As used in this division, a district's "net formula ADM" 7587
means its formula ADM minus the number of community school 7588
students certified under division (B)(3)(d) of section 3317.03 of 7589
the Revised Code X 0.75, the number of internet- and 7590
computer-based community school students certified under division 7591
(B)(3)(e) of that section, the number of science, technology, 7592
engineering, and mathematics school students certified under 7593
division (B)(3)(j) of that section X 0.75, and the number of 7594
scholarship students certified under divisions (B)(3)(f), (g), and 7595
(l) of that section.7596

       (B) The department shall annually compute supplemental 7597
targeted assistance funds to school districts, as follows:7598

       (1) Compute each district's agricultural percentage as the 7599
quotient of (a) the three-year average tax valuation of real 7600
property in the district that is classified as agricultural 7601
property divided by (b) the three-year average tax valuation of 7602
all of the real property in the district. For purposes of this 7603
computation, a district's "three-year average tax valuation" means 7604
the average of a district's tax valuation for fiscal years 2012, 7605
2013, and 2014.7606

       (2) Determine each district's agricultural targeted 7607
percentage as follows:7608

       (a) If a district's agricultural percentage is greater than 7609
or equal to 0.10, then the district's agricultural targeted 7610
percentage shall be equal to 0.40.7611

       (b) If a district's agricultural percentage is less than 7612
0.10, then the district's agricultural targeted percentage shall 7613
be equal to 4 X the district's agricultural percentage.7614

       (3) Calculate the aggregate amount to be paid as supplemental 7615
targeted assistance funds to each school district under division 7616
(A) of section 3317.022 of the Revised Code by multiplying the 7617
district's agricultural targeted percentage by the amount 7618
calculated for the district under division (A)(6) of this section.7619

       Sec. 3317.036.  (A) The superintendent of each city, local, 7620
and exempted village school district shall report to the state 7621
board of education as of the last day of October, March, and June 7622
of each year the enrollment under section 3317.23 of the Revised 7623
Code, on a full-time equivalency basis, of individuals who are at 7624
least twenty-two but less than thirty years of age. This report 7625
shall be in addition to the district's report of the enrollment of 7626
students entitled to attend school in the district under section 7627
3313.64 or 3313.65 of the Revised Code that is required under 7628
section 3317.03 of the Revised Code.7629

       (B) The superintendent of each joint vocational school 7630
district shall report and certify to the superintendent of public 7631
instruction as of the last day of October, March, and June of each 7632
year the enrollment of individuals receiving services from the 7633
district on a full-time equivalency basis under section 3317.24 of 7634
the Revised Code. This report shall be in addition to the 7635
district's report of the enrollment of students that is required 7636
under section 3317.03 of the Revised Code.7637

       Sec. 3317.23.  (A) For purposes of this section, an "eligible 7638
individual" is an individual who satisfies both of the following 7639
criteria:7640

       (1) The individual is at least twenty-two but younger than 7641
thirty years of age.7642

       (2) The individual has not been awarded a high school diploma 7643
or a certificate of high school equivalence, as defined in section 7644
4109.06 of the Revised Code, but has completed at least ten of the 7645
units required for graduation from high school under section 7646
3313.603 of the Revised Code.7647

       (B) An eligible individual may enroll in a city, local, or 7648
exempted village school district that operates a dropout 7649
prevention and recovery program for up to two cumulative school 7650
years for the purpose of earning a high school diploma. An 7651
individual enrolled under this division may elect to satisfy the 7652
requirements to earn a high school diploma by successfully 7653
completing a competency-based instructional program that complies 7654
with the standards adopted by the chancellor of the Ohio board of 7655
regents under division (W) of section 3333.04 of the Revised Code. 7656
The district shall report that individual's enrollment on a 7657
full-time equivalency basis under division (A) of section 3317.036 7658
of the Revised Code and shall not report that individual's 7659
enrollment under section 3317.03 of the Revised Code. An 7660
individual enrolled under this division shall not be assigned to 7661
classes or settings with students who are younger than eighteen 7662
years of age.7663

       (C)(1) For each district that enrolls individuals under 7664
division (B) of this section, the department of education annually 7665
shall certify the enrollment and attendance, on a full-time 7666
equivalency basis, of each individual reported by the district 7667
under division (A) of section 3317.036 of the Revised Code. 7668

       (2) For each individual enrolled in a district under division 7669
(B) of this section, the department annually shall pay to the 7670
district an amount equal to the following:7671

$5,000 X the individual's enrollment on a full-time equivalency
7672
basis as certified under division (C)(1) of this section X the
7673
portion of the school year in which the individual is enrolled in
7674
the district expressed as a percentage
7675

       (D) A district that enrolls individuals under division (B) of 7676
this section shall be subject to the program administration 7677
standards adopted by the chancellor under division (W) of section 7678
3333.04 of the Revised Code, as applicable.7679

       Sec. 3317.24. (A) For purposes of this section, an "eligible 7680
individual" has the same meaning as in section 3317.23 of the 7681
Revised Code.7682

       (B) An eligible individual may enroll in a joint vocational 7683
school district that operates an adult education program for up to 7684
two cumulative school years for the purpose of completing the 7685
requirements to earn a high school diploma. An individual enrolled 7686
under this division may elect to satisfy these requirements by 7687
successfully completing a competency-based instructional program 7688
that complies with the standards adopted by the chancellor of the 7689
Ohio board of regents under division (W) of section 3333.04 of the 7690
Revised Code. The district shall report an individual's enrollment 7691
under this division on a full-time equivalency basis under 7692
division (B) of section 3317.036 of the Revised Code and shall not 7693
report that individual's enrollment under section 3317.03 of the 7694
Revised Code. An individual enrolled under this division shall not 7695
be assigned to classes or settings with students who are younger 7696
than eighteen years of age.7697

       (C)(1) For each joint vocational school district that enrolls 7698
individuals under division (B) of this section, the department of 7699
education annually shall certify the enrollment and attendance, on 7700
a full-time equivalency basis, of each individual reported by the 7701
district under division (B) of section 3317.036 of the Revised 7702
Code. 7703

       (2) For each individual enrolled in a joint vocational school 7704
district under division (B) of this section, the department 7705
annually shall pay to the district an amount equal to the 7706
following:7707

$5,000 X the individual's enrollment on a full-time equivalency
7708
basis as certified under division (C)(1) of this section X the
7709
portion of the school year in which the individual is enrolled in
7710
the district expressed as a percentage
7711

       (D) If an individual enrolled in a joint vocational school 7712
district under division (B) of this section completes the 7713
requirements to earn a high school diploma, the joint vocational 7714
school district shall certify the completion of those requirements 7715
to the city, local, or exempted village school district in which 7716
the individual resides. Upon receiving certification under this 7717
division, the city, local, or exempted village school district in 7718
which the individual resides shall issue a high school diploma to 7719
the individual.7720

       (E) A joint vocational school district that enrolls 7721
individuals under division (B) of this section shall be subject to 7722
the program administration standards adopted by the chancellor 7723
under division (W) of section 3333.04 of the Revised Code, as 7724
applicable.7725

       Sec. 3318.36.  (A)(1) As used in this section:7726

       (a) "Ohio school facilities commission," "classroom 7727
facilities," "school district," "school district board," "net 7728
bonded indebtedness," "required percentage of the basic project 7729
costs," "basic project cost," "valuation," and "percentile" have 7730
the same meanings as in section 3318.01 of the Revised Code.7731

       (b) "Required level of indebtedness" means five per cent of 7732
the school district's valuation for the year preceding the year in 7733
which the commission and school district enter into an agreement 7734
under division (B) of this section, plus [two one-hundredths of 7735
one per cent multiplied by (the percentile in which the district 7736
ranks minus one)].7737

       (c) "Local resources" means any moneys generated in any 7738
manner permitted for a school district board to raise the school 7739
district portion of a project undertaken with assistance under 7740
sections 3318.01 to 3318.20 of the Revised Code.7741

       (d) "Tangible personal property phase-out impacted district" 7742
means a school district for which the taxable value of its 7743
tangible personal property certified under division (A)(2) of 7744
section 3317.021 of the Revised Code for tax year 2005, excluding 7745
the taxable value of public utility personal property, made up 7746
eighteen per cent or more of its total taxable value for tax year 7747
2005 as certified under that section.7748

       (2) For purposes of determining the required level of 7749
indebtedness, the required percentage of the basic project costs 7750
under division (C)(1) of this section, and priority for assistance 7751
under sections 3318.01 to 3318.20 of the Revised Code, the 7752
percentile ranking of a school district with which the commission 7753
has entered into an agreement under this section between the first 7754
day of July and the thirty-first day of August in each fiscal year 7755
is the percentile ranking calculated for that district for the 7756
immediately preceding fiscal year, and the percentile ranking of a 7757
school district with which the commission has entered into such 7758
agreement between the first day of September and the thirtieth day 7759
of June in each fiscal year is the percentile ranking calculated 7760
for that district for the current fiscal year. However, in the 7761
case of a tangible personal property phase-out impacted district, 7762
the district's priority for assistance under sections 3318.01 to 7763
3318.20 of the Revised Code and its portion of the basic project 7764
cost under those sections shall be determined in the manner 7765
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of 7766
this section.7767

       (B)(1) There is hereby established the school building 7768
assistance expedited local partnership program. Under the program, 7769
the Ohio school facilities commission may enter into an agreement 7770
with the board of any school district under which the board may 7771
proceed with the new construction or major repairs of a part of 7772
the district's classroom facilities needs, as determined under 7773
sections 3318.01 to 3318.20 of the Revised Code, through the 7774
expenditure of local resources prior to the school district's 7775
eligibility for state assistance under those sections, and may 7776
apply that expenditure toward meeting the school district's 7777
portion of the basic project cost of the total of the district's 7778
classroom facilities needs, as recalculated under division (E) of 7779
this section, when the district becomes eligible for state 7780
assistance under sections 3318.01 to 3318.20 or section 3318.364 7781
of the Revised Code. Any school district that is reasonably 7782
expected to receive assistance under sections 3318.01 to 3318.20 7783
of the Revised Code within two fiscal years from the date the 7784
school district adopts its resolution under division (B) of this 7785
section shall not be eligible to participate in the program 7786
established under this section.7787

       (2) To participate in the program, a school district board 7788
shall first adopt a resolution certifying to the commission the 7789
board's intent to participate in the program.7790

       The resolution shall specify the approximate date that the 7791
board intends to seek elector approval of any bond or tax measures 7792
or to apply other local resources to use to pay the cost of 7793
classroom facilities to be constructed under this section. The 7794
resolution may specify the application of local resources or 7795
elector-approved bond or tax measures after the resolution is 7796
adopted by the board, and in such case the board may proceed with 7797
a discrete portion of its project under this section as soon as 7798
the commission and the controlling board have approved the basic 7799
project cost of the district's classroom facilities needs as 7800
specified in division (D) of this section. The board shall submit 7801
its resolution to the commission not later than ten days after the 7802
date the resolution is adopted by the board.7803

       The commission shall not consider any resolution that is 7804
submitted pursuant to division (B)(2) of this section, as amended 7805
by this amendment, sooner than September 14, 2000.7806

       (3) For purposes of determining when a district that enters 7807
into an agreement under this section becomes eligible for 7808
assistance under sections 3318.01 to 3318.20 of the Revised Code 7809
or priority for assistance under section 3318.364 of the Revised 7810
Code, the commission shall use one of the following as applicable:7811

       (a) Except for a tangible personal property phase-out 7812
impacted district, the district's percentile ranking determined at 7813
the time the district entered into the agreement under this 7814
section, as prescribed by division (A)(2) of this section;7815

       (b) For a tangible personal property phase-out impacted 7816
district, the lesser of (i) the district's percentile ranking 7817
determined at the time the district entered into the agreement 7818
under this section, as prescribed by division (A)(2) of this 7819
section, or (ii) the district's current percentile ranking under 7820
section 3318.011 of the Revised Code.7821

       (4) Any project under this section shall comply with section 7822
3318.03 of the Revised Code and with any specifications for plans 7823
and materials for classroom facilities adopted by the commission 7824
under section 3318.04 of the Revised Code.7825

       (5) If a school district that enters into an agreement under 7826
this section has not begun a project applying local resources as 7827
provided for under that agreement at the time the district is 7828
notified by the commission that it is eligible to receive state 7829
assistance under sections 3318.01 to 3318.20 of the Revised Code, 7830
all assessment and agreement documents entered into under this 7831
section are void.7832

       (6) Only construction of or repairs to classroom facilities 7833
that have been approved by the commission and have been therefore 7834
included as part of a district's basic project cost qualify for 7835
application of local resources under this section.7836

       (C) Based on the results of on-site visits and assessment, 7837
the commission shall determine the basic project cost of the 7838
school district's classroom facilities needs. The commission shall 7839
determine the school district's portion of such basic project 7840
cost, which shall be the greater of:7841

       (1) The required percentage of the basic project costs, 7842
determined based on the school district's percentile ranking;7843

       (2) An amount necessary to raise the school district's net 7844
bonded indebtedness, as of the fiscal year the commission and the 7845
school district enter into the agreement under division (B) of 7846
this section, to within five thousand dollars of the required 7847
level of indebtedness.7848

       (D)(1) When the commission determines the basic project cost 7849
of the classroom facilities needs of a school district and the 7850
school district's portion of that basic project cost under 7851
division (C) of this section, the project shall be conditionally 7852
approved. Such conditional approval shall be submitted to the 7853
controlling board for approval thereof. The controlling board 7854
shall forthwith approve or reject the commission's determination, 7855
conditional approval, and the amount of the state's portion of the 7856
basic project cost; however, no state funds shall be encumbered 7857
under this section. Upon approval by the controlling board, the 7858
school district board may identify a discrete part of its 7859
classroom facilities needs, which shall include only new 7860
construction of or additions or major repairs to a particular 7861
building, to address with local resources. Upon identifying a part 7862
of the school district's basic project cost to address with local 7863
resources, the school district board may allocate any available 7864
school district moneys to pay the cost of that identified part, 7865
including the proceeds of an issuance of bonds if approved by the 7866
electors of the school district.7867

       All local resources utilized under this division shall first 7868
be deposited in the project construction account required under 7869
section 3318.08 of the Revised Code.7870

       (2) Unless the school district board exercises its option 7871
under division (D)(3) of this section, for a school district to 7872
qualify for participation in the program authorized under this 7873
section, one of the following conditions shall be satisfied:7874

       (a) The electors of the school district by a majority vote 7875
shall approve the levy of taxes outside the ten-mill limitation 7876
for a period of twenty-three years at the rate of not less than 7877
one-half mill for each dollar of valuation to be used to pay the 7878
cost of maintaining the classroom facilities included in the basic 7879
project cost as determined by the commission. The form of the 7880
ballot to be used to submit the question whether to approve the 7881
tax required under this division to the electors of the school 7882
district shall be the form for an additional levy of taxes 7883
prescribed in section 3318.361 of the Revised Code, which may be 7884
combined in a single ballot question with the questions prescribed 7885
under section 5705.218 of the Revised Code.7886

       (b) As authorized under division (C) of section 3318.05 of 7887
the Revised Code, the school district board shall earmark from the 7888
proceeds of a permanent improvement tax levied under section 7889
5705.21 of the Revised Code, an amount equivalent to the 7890
additional tax otherwise required under division (D)(2)(a) of this 7891
section for the maintenance of the classroom facilities included 7892
in the basic project cost as determined by the commission.7893

       (c) As authorized under section 3318.051 of the Revised Code, 7894
the school district board shall, if approved by the commission, 7895
annually transfer into the maintenance fund required under section 7896
3318.05 of the Revised Code the amount prescribed in section 7897
3318.051 of the Revised Code in lieu of the tax otherwise required 7898
under division (D)(2)(a) of this section for the maintenance of 7899
the classroom facilities included in the basic project cost as 7900
determined by the commission.7901

        (d) If the school district board has rescinded the agreement 7902
to make transfers under section 3318.051 of the Revised Code, as 7903
provided under division (F) of that section, the electors of the 7904
school district, in accordance with section 3318.063 of the 7905
Revised Code, first shall approve the levy of taxes outside the 7906
ten-mill limitation for the period specified in that section at a 7907
rate of not less than one-half mill for each dollar of valuation.7908

       (e) The school district board shall apply the proceeds of a 7909
tax to leverage bonds as authorized under section 3318.052 of the 7910
Revised Code or dedicate a local donated contribution in the 7911
manner described in division (B) of section 3318.084 of the 7912
Revised Code in an amount equivalent to the additional tax 7913
otherwise required under division (D)(2)(a) of this section for 7914
the maintenance of the classroom facilities included in the basic 7915
project cost as determined by the commission.7916

       (3) A school district board may opt to delay taking any of 7917
the actions described in division (D)(2) of this section until the 7918
school district becomes eligible for state assistance under 7919
sections 3318.01 to 3318.20 of the Revised Code. In order to 7920
exercise this option, the board shall certify to the commission a 7921
resolution indicating the board's intent to do so prior to 7922
entering into an agreement under division (B) of this section.7923

       (4) If pursuant to division (D)(3) of this section a district 7924
board opts to delay levying an additional tax until the district 7925
becomes eligible for state assistance, it shall submit the 7926
question of levying that tax to the district electors as follows:7927

       (a) In accordance with section 3318.06 of the Revised Code if 7928
it will also be necessary pursuant to division (E) of this section 7929
to submit a proposal for approval of a bond issue;7930

       (b) In accordance with section 3318.361 of the Revised Code 7931
if it is not necessary to also submit a proposal for approval of a 7932
bond issue pursuant to division (E) of this section.7933

       (5) No state assistance under sections 3318.01 to 3318.20 of 7934
the Revised Code shall be released until a school district board 7935
that adopts and certifies a resolution under division (D) of this 7936
section also demonstrates to the satisfaction of the commission 7937
compliance with the provisions of division (D)(2) of this section.7938

       Any amount required for maintenance under division (D)(2) of 7939
this section shall be deposited into a separate fund as specified 7940
in division (B) of section 3318.05 of the Revised Code.7941

       (E)(1) If the school district becomes eligible for state 7942
assistance under sections 3318.01 to 3318.20 of the Revised Code 7943
based on its percentile ranking under division (B)(3) of this 7944
section or is offered assistance under section 3318.364 of the 7945
Revised Code, the commission shall conduct a new assessment of the 7946
school district's classroom facilities needs and shall recalculate 7947
the basic project cost based on this new assessment. The basic 7948
project cost recalculated under this division shall include the 7949
amount of expenditures made by the school district board under 7950
division (D)(1) of this section. The commission shall then 7951
recalculate the school district's portion of the new basic project 7952
cost, which shall be one of the following as applicable:7953

       (a) Except for a tangible personal property phase-out 7954
impacted district, the percentage of the original basic project 7955
cost assigned to the school district as its portion under division 7956
(C) of this section;7957

       (b) For a tangible personal property phase-out impacted 7958
district, the lesser of (i) the percentage of the original basic 7959
project cost assigned to the school district as its portion under 7960
division (C) of this section, or (ii) the percentage of the new 7961
basic project cost determined under section 3318.032 of the 7962
Revised Code using the district's current percentile ranking under 7963
section 3318.011 of the Revised Code. The7964

       The commission shall deduct the expenditure of school 7965
district moneys made under division (D)(1) of this section from 7966
the school district's portion of the basic project cost as 7967
recalculated under this division. If the amount of school district 7968
resources applied by the school district board to the school 7969
district's portion of the basic project cost under this section is 7970
less than the total amount of such portion as recalculated under 7971
this division, the school district board by a majority vote of all 7972
of its members shall, if it desires to seek state assistance under 7973
sections 3318.01 to 3318.20 of the Revised Code, adopt a 7974
resolution as specified in section 3318.06 of the Revised Code to 7975
submit to the electors of the school district the question of 7976
approval of a bond issue in order to pay any additional amount of 7977
school district portion required for state assistance. Any tax 7978
levy approved under division (D) of this section satisfies the 7979
requirements to levy the additional tax under section 3318.06 of 7980
the Revised Code.7981

       (2) If the amount of school district resources applied by the 7982
school district board to the school district's portion of the 7983
basic project cost under this section is more than the total 7984
amount of such portion as recalculated under this division (E)(1) 7985
of this section, within one year after the school district's 7986
portion is so recalculated under division (E)(1) of this section7987
the commission may grant to the school district the difference 7988
between the two calculated portions, but at no time shall the 7989
commission expend any state funds on a project in an amount 7990
greater than the state's portion of the basic project cost as 7991
recalculated under this division (E)(1) of this section.7992

       Any reimbursement under this division shall be only for local 7993
resources the school district has applied toward construction cost 7994
expenditures for the classroom facilities approved by the 7995
commission, which shall not include any financing costs associated 7996
with that construction.7997

       The school district board shall use any moneys reimbursed to 7998
the district under this division to pay off any debt service the 7999
district owes for classroom facilities constructed under its 8000
project under this section before such moneys are applied to any 8001
other purpose. However, the district board first may deposit 8002
moneys reimbursed under this division into the district's general 8003
fund or a permanent improvement fund to replace local resources 8004
the district withdrew from those funds, as long as, and to the 8005
extent that, those local resources were used by the district for 8006
constructing classroom facilities included in the district's basic 8007
project cost.8008

       (3) A tangible personal property phase-out impacted district 8009
shall receive credit under division (E) of this section for the 8010
expenditure of local resources pursuant to any prior agreement 8011
authorized by this section, notwithstanding any recalculation of 8012
its average taxable value.8013

       Sec. 3333.04.  The chancellor of the Ohio board of regents 8014
shall:8015

       (A) Make studies of state policy in the field of higher 8016
education and formulate a master plan for higher education for the 8017
state, considering the needs of the people, the needs of the 8018
state, and the role of individual public and private institutions 8019
within the state in fulfilling these needs;8020

       (B)(1) Report annually to the governor and the general 8021
assembly on the findings from the chancellor's studies and the 8022
master plan for higher education for the state;8023

       (2) Report at least semiannually to the general assembly and 8024
the governor the enrollment numbers at each state-assisted 8025
institution of higher education.8026

       (C) Approve or disapprove the establishment of new branches 8027
or academic centers of state colleges and universities;8028

       (D) Approve or disapprove the establishment of state 8029
technical colleges or any other state institution of higher 8030
education;8031

       (E) Recommend the nature of the programs, undergraduate, 8032
graduate, professional, state-financed research, and public 8033
services which should be offered by the state colleges, 8034
universities, and other state-assisted institutions of higher 8035
education in order to utilize to the best advantage their 8036
facilities and personnel;8037

       (F) Recommend to the state colleges, universities, and other 8038
state-assisted institutions of higher education graduate or 8039
professional programs, including, but not limited to, doctor of 8040
philosophy, doctor of education, and juris doctor programs, that 8041
could be eliminated because they constitute unnecessary 8042
duplication, as shall be determined using the process developed 8043
pursuant to this division, or for other good and sufficient cause. 8044
Prior to recommending a program for elimination, the chancellor 8045
shall request the board of regents to hold at least one public 8046
hearing on the matter and advise the chancellor on whether the 8047
program should be recommended for elimination. The board shall 8048
provide notice of each hearing within a reasonable amount of time 8049
prior to its scheduled date. Following the hearing, the board 8050
shall issue a recommendation to the chancellor. The chancellor 8051
shall consider the board's recommendation but shall not be 8052
required to accept it.8053

       For purposes of determining the amounts of any state 8054
instructional subsidies paid to state colleges, universities, and 8055
other state-assisted institutions of higher education, the 8056
chancellor may exclude students enrolled in any program that the 8057
chancellor has recommended for elimination pursuant to this 8058
division except that the chancellor shall not exclude any such 8059
student who enrolled in the program prior to the date on which the 8060
chancellor initially commences to exclude students under this 8061
division.8062

       The chancellor and state colleges, universities, and other 8063
state-assisted institutions of higher education shall jointly 8064
develop a process for determining which existing graduate or 8065
professional programs constitute unnecessary duplication.8066

       (G) Recommend to the state colleges, universities, and other 8067
state-assisted institutions of higher education programs which 8068
should be added to their present programs;8069

       (H) Conduct studies for the state colleges, universities, and 8070
other state-assisted institutions of higher education to assist 8071
them in making the best and most efficient use of their existing 8072
facilities and personnel;8073

       (I) Make recommendations to the governor and general assembly 8074
concerning the development of state-financed capital plans for 8075
higher education; the establishment of new state colleges, 8076
universities, and other state-assisted institutions of higher 8077
education; and the establishment of new programs at the existing 8078
state colleges, universities, and other institutions of higher 8079
education;8080

       (J) Review the appropriation requests of the public community 8081
colleges and the state colleges and universities and submit to the 8082
office of budget and management and to the chairpersons of the 8083
finance committees of the house of representatives and of the 8084
senate the chancellor's recommendations in regard to the biennial 8085
higher education appropriation for the state, including 8086
appropriations for the individual state colleges and universities 8087
and public community colleges. For the purpose of determining the 8088
amounts of instructional subsidies to be paid to state-assisted 8089
colleges and universities, the chancellor shall define "full-time 8090
equivalent student" by program per academic year. The definition 8091
may take into account the establishment of minimum enrollment 8092
levels in technical education programs below which support 8093
allowances will not be paid. Except as otherwise provided in this 8094
section, the chancellor shall make no change in the definition of 8095
"full-time equivalent student" in effect on November 15, 1981, 8096
which would increase or decrease the number of subsidy-eligible 8097
full-time equivalent students, without first submitting a fiscal 8098
impact statement to the president of the senate, the speaker of 8099
the house of representatives, the legislative service commission, 8100
and the director of budget and management. The chancellor shall 8101
work in close cooperation with the director of budget and 8102
management in this respect and in all other matters concerning the 8103
expenditures of appropriated funds by state colleges, 8104
universities, and other institutions of higher education.8105

       (K) Seek the cooperation and advice of the officers and 8106
trustees of both public and private colleges, universities, and 8107
other institutions of higher education in the state in performing 8108
the chancellor's duties and making the chancellor's plans, 8109
studies, and recommendations;8110

       (L) Appoint advisory committees consisting of persons 8111
associated with public or private secondary schools, members of 8112
the state board of education, or personnel of the state department 8113
of education;8114

       (M) Appoint advisory committees consisting of college and 8115
university personnel, or other persons knowledgeable in the field 8116
of higher education, or both, in order to obtain their advice and 8117
assistance in defining and suggesting solutions for the problems 8118
and needs of higher education in this state;8119

       (N) Approve or disapprove all new degrees and new degree 8120
programs at all state colleges, universities, and other 8121
state-assisted institutions of higher education;8122

       (O) Adopt such rules as are necessary to carry out the 8123
chancellor's duties and responsibilities. The rules shall 8124
prescribe procedures for the chancellor to follow when taking 8125
actions associated with the chancellor's duties and 8126
responsibilities and shall indicate which types of actions are 8127
subject to those procedures. The procedures adopted under this 8128
division shall be in addition to any other procedures prescribed 8129
by law for such actions. However, if any other provision of the 8130
Revised Code or rule adopted by the chancellor prescribes 8131
different procedures for such an action, the procedures adopted 8132
under this division shall not apply to that action to the extent 8133
they conflict with the procedures otherwise prescribed by law. The 8134
procedures adopted under this division shall include at least the 8135
following:8136

       (1) Provision for public notice of the proposed action;8137

        (2) An opportunity for public comment on the proposed action, 8138
which may include a public hearing on the action by the board of 8139
regents;8140

        (3) Methods for parties that may be affected by the proposed 8141
action to submit comments during the public comment period;8142

       (4) Submission of recommendations from the board of regents 8143
regarding the proposed action, at the request of the chancellor;8144

        (5) Written publication of the final action taken by the 8145
chancellor and the chancellor's rationale for the action;8146

       (6) A timeline for the process described in divisions (O)(1) 8147
to (5) of this section.8148

       (P) Make recommendations to the governor and the general 8149
assembly regarding the design and funding of the student financial 8150
aid programs specified in sections 3333.12, 3333.122, 3333.21 to 8151
3333.26, and 5910.02 of the Revised Code;8152

       (Q) Participate in education-related state or federal 8153
programs on behalf of the state and assume responsibility for the 8154
administration of such programs in accordance with applicable 8155
state or federal law;8156

       (R) Adopt rules for student financial aid programs as 8157
required by sections 3333.12, 3333.122, 3333.21 to 3333.26, 8158
3333.28, and 5910.02 of the Revised Code, and perform any other 8159
administrative functions assigned to the chancellor by those 8160
sections;8161

       (S) Conduct enrollment audits of state-supported institutions 8162
of higher education;8163

       (T) Appoint consortia of college and university personnel to 8164
advise or participate in the development and operation of 8165
statewide collaborative efforts, including the Ohio supercomputer 8166
center, the Ohio academic resources network, OhioLink, and the 8167
Ohio learning network. For each consortium, the chancellor shall 8168
designate a college or university to serve as that consortium's 8169
fiscal agent, financial officer, and employer. Any funds 8170
appropriated for the consortia shall be distributed to the fiscal 8171
agents for the operation of the consortia. A consortium shall 8172
follow the rules of the college or university that serves as its 8173
fiscal agent. The chancellor may restructure existing consortia, 8174
appointed under this division, in accordance with procedures 8175
adopted under divisions (O)(1) to (6) of this section.8176

       (U) Adopt rules establishing advisory duties and 8177
responsibilities of the board of regents not otherwise prescribed 8178
by law;8179

       (V) Respond to requests for information about higher 8180
education from members of the general assembly and direct staff to 8181
conduct research or analysis as needed for this purpose;8182

       (W)(1) In consultation with the state board of education, 8183
adopt emergency rules in accordance with division (F) of section 8184
119.03 of the Revised Code regarding the administration of 8185
programs that enroll individuals who are at least twenty-two but 8186
younger than thirty years of age under sections 3314.38, 3317.23, 8187
3317.24, and 3345.86 of the Revised Code;8188

       (2) Not later than ninety days after the effective date of 8189
the emergency rules adopted under division (W)(1) of this section, 8190
in consultation with the state board of education, adopt rules 8191
under Chapter 119. of the Revised Code regarding the 8192
administration of programs that enroll individuals who are at 8193
least twenty-two but younger than thirty years of age under 8194
sections 3314.38, 3317.23, 3317.24, and 3345.86 of the Revised 8195
Code, including data collection, the reporting and certification 8196
of enrollment in the programs, the measurement of the academic 8197
performance of individuals enrolled in the programs and the 8198
standards for competency-based instructional programs.8199

       Sec. 3345.56. Notwithstanding any provision of the Revised 8200
Code to the contrary, a student attending a state university as 8201
defined in section 3345.011 of the Revised Code is not an employee 8202
of the state university based upon the student's participation in 8203
an athletic program offered by the state university.8204

       Sec. 3345.86.  (A) As used in this section, an "eligible 8205
institution" means a community college established under Chapter 8206
3354. of the Revised Code, a university branch established under 8207
Chapter 3355. of the Revised Code, a technical college established 8208
under Chapter 3357. of the Revised Code, or a state community 8209
college established under Chapter 3358. of the Revised Code.8210

       (B) An individual who is at least twenty-two but younger than 8211
thirty years of age and who is an eligible individual as defined 8212
in section 3317.23 of the Revised Code may enroll in an eligible 8213
institution for up to two cumulative school years for the purpose 8214
of completing the requirements to earn a high school diploma. An 8215
individual enrolled under this division may elect to satisfy these 8216
requirements by successfully completing a competency-based 8217
instructional program that complies with the standards adopted by 8218
the chancellor of the Ohio board of regents under division (W) of 8219
section 3333.04 of the Revised Code. 8220

       The eligible institution in which the individual enrolls 8221
shall report that individual's enrollment on a full-time 8222
equivalency basis to the department of education.8223

       (C)(1) For each eligible institution that enrolls individuals 8224
under division (B) of this section, the department annually shall 8225
certify the enrollment and attendance, on a full-time equivalency 8226
basis, of each individual reported by the institution under that 8227
division.8228

       (2) For each individual enrolled in an eligible institution 8229
under division (B) of this section, the department annually shall 8230
pay to the institution an amount equal to the following:8231

       $5,000 X the individual's enrollment on a full-time 8232
equivalency basis as certified under division (C)(1) of this 8233
section X the portion of the school year in which the individual 8234
is enrolled in the institution expressed as a percentage8235

       (D) If an individual enrolled in an eligible institution 8236
under division (B) of this section completes the requirements to 8237
earn a high school diploma, the institution shall certify the 8238
completion of those requirements to the city, local, or exempted 8239
village school district in which the individual resides. Upon 8240
receiving certification under this division, the city, local, or 8241
exempted village school district in which the individual resides 8242
shall issue a high school diploma to the individual.8243

       (E) An eligible institution that enrolls individuals under 8244
division (B) of this section shall be subject to the program 8245
administration standards adopted by the chancellor under division 8246
(W) of section 3333.04 of the Revised Code, as applicable.8247

       Sec. 3701.132. The department of health is hereby designated 8248
as the state agency to administerAs used in this section, "WIC 8249
program" means the "special supplemental nutrition program for 8250
women, infants, and children" established under the "Child 8251
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended. 8252
The8253

       The department of health is hereby designated as the state 8254
agency to administer the WIC program. The director of health may 8255
adopt rules pursuant to Chapter 119. of the Revised Code as 8256
necessary for administering the WIC program. The rules may include 8257
civil money penalties for violations of the rules.8258

       In determining eligibility for services provided under the 8259
WIC program, the department may use the application form 8260
established under section 5111.0135163.40 of the Revised Code for 8261
the healthy start program. The department may require applicants 8262
to furnish their social security numbers.8263

       If the department determines that a vendor has committed an 8264
act with respect to the WIC program that federal statutes or 8265
regulations or state statutes or rules prohibit, the department 8266
shall take action against the vendor in the manner required by 7 8267
C.F.R. part 246, including imposition of a civil money penalty in 8268
accordance with 7 C.F.R. 246.12, or rules adopted under this 8269
section.8270

       Sec. 3701.34. (A) The Ohio public health advisory board shall 8271
review and make recommendations to the director of health on all 8272
of the following:8273

       (1) Developing and adopting proposed rules under Chapters 8274
3701 and 3717 of the Administrative Code;8275

       (2) Prescribing proposed fees for services provided by the 8276
office of vital statistics and the bureau of environmental health;8277

       (3) Any proposed policy changes that pertain to entities 8278
serving or seeking to serve as vendors under the WIC program, as 8279
defined in section 3701.132 of the Revised Code, that are not 8280
addressed pursuant to division (A)(1) of this section.8281

       (4) Issues to improve public health and increase awareness of 8282
public health issues at the state level, local level, or both;8283

       (4)(5) Any other public health issues that the director 8284
requests the board to consider.8285

       (B) In making recommendations to the director underFor 8286
purposes of division (A)(1) of this section, all of the following 8287
apply: 8288

       (1) Prior to filing a proposed rule with the joint committee 8289
on agency rule review, the department of health shall provide each 8290
board member with a copy of the proposed rule, copies of public 8291
comments received by the department during the public comment 8292
period, and written evidence of stakeholder involvement. 8293

       (2) Prior to board meetings, copies of proposed rules shall 8294
be provided to members. On request of a member, the department 8295
shall ensure that appropriate department employees attend board 8296
meetings to answer questions concerning proposed rules. 8297

       (3)(a) Not later than sixty days after receiving a copy of a 8298
proposed rule, the board shall recommend approval or disapproval 8299
of the rule and submit its recommendation by board action to the 8300
director. In making its recommendation, the board may consider 8301
public comments provided to the department or the board. 8302

       (b) If the board fails to make a recommendation within sixty 8303
days of receiving a copy of the proposed rule, the director may 8304
file the proposed rule.8305

       (4) Except as provided in division (B)(3)(b) of this section, 8306
the director shall consider the board's recommendation before 8307
filing a proposed rule. On request of the board, the director 8308
shall meet with the board to discuss the board's recommendation. 8309

       (5) If the director disagrees with the board's 8310
recommendation, the director shall inform the board in writing of 8311
the director's decision and the reason for the decision prior to 8312
the next quarterly meeting. The director or the director's 8313
designee may meet with the board at the next quarterly meeting to 8314
answer questions regarding why the director disagreed with the 8315
board's recommendation.8316

       (C)(6) To the extent the board believes that a proposed rule 8317
does not comply with requirements established by the joint 8318
committee on agency rule review or the common sense initiative 8319
office, nothing in this section prohibits the board, in carrying 8320
out its duties under division (A)(1) of this section, from 8321
contacting the joint committee on agency rule review or the common 8322
sense initiative office.8323

       (D) In making recommendations under(C) For purposes of8324
division (A)(2) of this section for prescribing proposed fees for 8325
services provided by the bureau of environmental health, the board 8326
and the department shall develop a cost methodology, subject to 8327
approval by the director, regarding proposed fees for services 8328
provided by the department's bureau of environmental health.8329

       (D) For purposes of division (A)(3) of this section, a 8330
proposed WIC program policy change shall be treated as if it were 8331
a proposed rule subject to division (A)(1) of this section and the 8332
board and other entities involved in reviewing and making 8333
recommendations regarding the change may follow all or part of the 8334
procedures described in division (B) of this section.8335

       (E) This section does not apply to the following:8336

       (1) A proposed rule that is to be refiled with the joint 8337
committee on agency rule review solely because of technical or 8338
other nonsubstantive revisions;8339

       (2) The emergency adoption, amendment, or rescission of a 8340
rule under division (F) of section 119.03 of the Revised Code.8341

       Sec. 3701.74.  (A) As used in this section and section 8342
3701.741 of the Revised Code:8343

       (1) "Ambulatory care facility" means a facility that provides 8344
medical, diagnostic, or surgical treatment to patients who do not 8345
require hospitalization, including a dialysis center, ambulatory 8346
surgical facility, cardiac catheterization facility, diagnostic 8347
imaging center, extracorporeal shock wave lithotripsy center, home 8348
health agency, inpatient hospice, birthing center, radiation 8349
therapy center, emergency facility, and an urgent care center. 8350
"Ambulatory care facility" does not include the private office of 8351
a physician or dentist, whether the office is for an individual or 8352
group practice.8353

       (2) "Chiropractor" means an individual licensed under Chapter 8354
4734. of the Revised Code to practice chiropractic.8355

       (3) "Emergency facility" means a hospital emergency 8356
department or any other facility that provides emergency medical 8357
services.8358

       (4) "Health care practitioner" means all of the following:8359

       (a) A dentist or dental hygienist licensed under Chapter 8360
4715. of the Revised Code;8361

       (b) A registered or licensed practical nurse licensed under 8362
Chapter 4723. of the Revised Code;8363

       (c) An optometrist licensed under Chapter 4725. of the 8364
Revised Code;8365

       (d) A dispensing optician, spectacle dispensing optician, 8366
contact lens dispensing optician, or spectacle-contact lens 8367
dispensing optician licensed under Chapter 4725. of the Revised 8368
Code;8369

       (e) A pharmacist licensed under Chapter 4729. of the Revised 8370
Code;8371

       (f) A physician;8372

       (g) A physician assistant authorized under Chapter 4730. of 8373
the Revised Code to practice as a physician assistant;8374

       (h) A practitioner of a limited branch of medicine issued a 8375
certificate under Chapter 4731. of the Revised Code;8376

       (i) A psychologist licensed under Chapter 4732. of the 8377
Revised Code;8378

       (j) A chiropractor;8379

       (k) A hearing aid dealer or fitter licensed under Chapter 8380
4747. of the Revised Code;8381

       (l) A speech-language pathologist or audiologist licensed 8382
under Chapter 4753. of the Revised Code;8383

       (m) An occupational therapist or occupational therapy 8384
assistant licensed under Chapter 4755. of the Revised Code;8385

       (n) A physical therapist or physical therapy assistant 8386
licensed under Chapter 4755. of the Revised Code;8387

       (o) A professional clinical counselor, professional 8388
counselor, social worker, or independent social worker licensed, 8389
or a social work assistant registered, under Chapter 4757. of the 8390
Revised Code;8391

       (p) A dietitian licensed under Chapter 4759. of the Revised 8392
Code;8393

       (q) A respiratory care professional licensed under Chapter 8394
4761. of the Revised Code;8395

       (r) An emergency medical technician-basic, emergency medical 8396
technician-intermediate, or emergency medical technician-paramedic 8397
certified under Chapter 4765. of the Revised Code.8398

       (5) "Health care provider" means a hospital, ambulatory care 8399
facility, long-term care facility, pharmacy, emergency facility, 8400
or health care practitioner.8401

       (6) "Hospital" has the same meaning as in section 3727.01 of 8402
the Revised Code.8403

       (7) "Long-term care facility" means a nursing home, 8404
residential care facility, or home for the aging, as those terms 8405
are defined in section 3721.01 of the Revised Code; a residential 8406
facility licensed under section 5119.34 of the Revised Code that 8407
provides accommodations, supervision, and personal care services 8408
for three to sixteen unrelated adults; a nursing facility, as 8409
defined in section 5165.01 of the Revised Code; a skilled nursing 8410
facility, as defined in section 5165.01 of the Revised Code; and 8411
an intermediate care facility for individuals with intellectual 8412
disabilities, as defined in section 5124.01 of the Revised Code.8413

       (8) "Medical record" means data in any form that pertains to 8414
a patient's medical history, diagnosis, prognosis, or medical 8415
condition and that is generated and maintained by a health care 8416
provider in the process of the patient's health care treatment.8417

       (9) "Medical records company" means a person who stores, 8418
locates, or copies medical records for a health care provider, or 8419
is compensated for doing so by a health care provider, and charges 8420
a fee for providing medical records to a patient or patient's 8421
representative.8422

       (10) "Patient" means either of the following:8423

       (a) An individual who received health care treatment from a 8424
health care provider;8425

       (b) A guardian, as defined in section 1337.11 of the Revised 8426
Code, of an individual described in division (A)(10)(a) of this 8427
section.8428

       (11) "Patient's personal representative" means a minor 8429
patient's parent or other person acting in loco parentis, a 8430
court-appointed guardian, or a person with durable power of 8431
attorney for health care for a patient, the executor or 8432
administrator of the patient's estate, or the person responsible 8433
for the patient's estate if it is not to be probated. "Patient's 8434
personal representative" does not include an insurer authorized 8435
under Title XXXIX of the Revised Code to do the business of 8436
sickness and accident insurance in this state, a health insuring 8437
corporation holding a certificate of authority under Chapter 1751. 8438
of the Revised Code, or any other person not named in this 8439
division.8440

       (12) "Pharmacy" has the same meaning as in section 4729.01 of 8441
the Revised Code.8442

       (13) "Physician" means a person authorized under Chapter 8443
4731. of the Revised Code to practice medicine and surgery, 8444
osteopathic medicine and surgery, or podiatric medicine and 8445
surgery.8446

       (14) "Authorized person" means a person to whom a patient has 8447
given written authorization to act on the patient's behalf 8448
regarding the patient's medical record.8449

       (B) A patient, a patient's personal representative, or an 8450
authorized person who wishes to examine or obtain a copy of part 8451
or all of a medical record shall submit to the health care 8452
provider a written request signed by the patient, personal 8453
representative, or authorized person dated not more than one year 8454
before the date on which it is submitted. The request shall 8455
indicate whether the copy is to be sent to the requestor, 8456
physician or chiropractor, or held for the requestor at the office 8457
of the health care provider. Within a reasonable time after 8458
receiving a request that meets the requirements of this division 8459
and includes sufficient information to identify the record 8460
requested, a health care provider that has the patient's medical 8461
records shall permit the patient to examine the record during 8462
regular business hours without charge or, on request, shall 8463
provide a copy of the record in accordance with section 3701.741 8464
of the Revised Code, except that if a physician or chiropractor 8465
who has treated the patient determines for clearly stated 8466
treatment reasons that disclosure of the requested record is 8467
likely to have an adverse effect on the patient, the health care 8468
provider shall provide the record to a physician or chiropractor 8469
designated by the patient. The health care provider shall take 8470
reasonable steps to establish the identity of the person making 8471
the request to examine or obtain a copy of the patient's record.8472

       (C) If a health care provider fails to furnish a medical 8473
record as required by division (B) of this section, the patient, 8474
personal representative, or authorized person who requested the 8475
record may bring a civil action to enforce the patient's right of 8476
access to the record.8477

       (D)(1) This section does not apply to medical records whose 8478
release is covered by section 173.20 or 3721.13 of the Revised 8479
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42 8480
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient 8481
Records," or by 42 C.F.R. 483.10.8482

       (2) Nothing in this section is intended to supersede the 8483
confidentiality provisions of sections 2305.24, 2305.25, 2305.251, 8484
and 2305.252 of the Revised Code.8485

       Sec. 3701.83. (A) There is hereby created in the state 8486
treasury the general operations fund. Moneys in the fund shall be 8487
used for the purposes specified in sections 3701.04, 3701.344, 8488
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022, 8489
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13, 8490
3749.04, 3749.07, 4747.04, and 4769.09 of the Revised Code.8491

       (B) The alcohol testing program fund is hereby created in the 8492
state treasury. The director of health shall use the fund to 8493
administer and enforce the alcohol testing and permit program 8494
authorized by section 3701.143 of the Revised Code.8495

       The fund shall receive transfers from the liquor control fund 8496
created under section 4301.12 of the Revised Code. All investment 8497
earnings of the alcohol testing program fund shall be credited to 8498
the fund.8499

       Sec. 3702.59.  (A) The director of health shall accept for 8500
review certificate of need applications as provided in sections 8501
3702.592, 3702.593, and 3702.594, and 3702.595 of the Revised 8502
Code.8503

       (B)(1) The director shall not approve an application for a 8504
certificate of need for the addition of long-term care beds to an 8505
existing long-term care facility or for the development of a new 8506
long-term care facility if any of the following apply:8507

       (a) The existing long-term care facility in which the beds 8508
are being placed has one or more waivers for life safety code 8509
deficiencies, one or more state fire code violations, or one or 8510
more state building code violations, and the project identified in 8511
the application does not propose to correct all life safety code 8512
deficiencies for which a waiver has been granted, all state fire 8513
code violations, and all state building code violations at the 8514
existing long-term care facility in which the beds are being 8515
placed;8516

       (b) During the sixty-month period preceding the filing of the 8517
application, a notice of proposed license revocation was issued 8518
under section 3721.03 of the Revised Code for the existing 8519
long-term care facility in which the beds are being placed or a 8520
nursing home owned or operated by the applicant or a principal 8521
participant.8522

        (c) During the period that precedes the filing of the 8523
application and is encompassed by the three most recent standard 8524
surveys of the existing long-term care facility in which the beds 8525
are being placed, any of the following occurred:8526

       (i) The facility was cited on three or more separate 8527
occasions for final, nonappealable actual harm but not immediate 8528
jeopardy deficiencies.8529

        (ii) The facility was cited on two or more separate occasions 8530
for final, nonappealable immediate jeopardy deficiencies.8531

        (iii) The facility was cited on two separate occasions for 8532
final, nonappealable actual harm but not immediate jeopardy 8533
deficiencies and on one occasion for a final, nonappealable 8534
immediate jeopardy deficiency.8535

       (d) More than two nursing homes owned or operated in this 8536
state by the applicant or a principal participant or, if the 8537
applicant or a principal participant owns or operates more than 8538
twenty nursing homes in this state, more than ten per cent of 8539
those nursing homes, were each cited during the period that 8540
precedes the filing of the application for the certificate of need 8541
and is encompassed by the three most recent standard surveys of 8542
the nursing homes that were so cited in any of the following 8543
manners:8544

       (i) On three or more separate occasions for final, 8545
nonappealable actual harm but not immediate jeopardy deficiencies;8546

       (ii) On two or more separate occasions for final, 8547
nonappealable immediate jeopardy deficiencies;8548

       (iii) On two separate occasions for final, nonappealable 8549
actual harm but not immediate jeopardy deficiencies and on one 8550
occasion for a final, nonappealable immediate jeopardy deficiency.8551

        (2) In applying divisions (B)(1)(a) to (d) of this section, 8552
the director shall not consider deficiencies or violations cited 8553
before the applicant or a principal participant acquired or began 8554
to own or operate the long-term care facility at which the 8555
deficiencies or violations were cited. The director may disregard 8556
deficiencies and violations cited after the long-term care 8557
facility was acquired or began to be operated by the applicant or 8558
a principal participant if the deficiencies or violations were 8559
attributable to circumstances that arose under the previous owner 8560
or operator and the applicant or principal participant has 8561
implemented measures to alleviate the circumstances. In the case 8562
of an application proposing development of a new long-term care 8563
facility by relocation of beds, the director shall not consider 8564
deficiencies or violations that were solely attributable to the 8565
physical plant of the existing long-term care facility from which 8566
the beds are being relocated.8567

       (C) The director also shall accept for review any application 8568
for the conversion of infirmary beds to long-term care beds if the 8569
infirmary meets all of the following conditions:8570

       (1) Is operated exclusively by a religious order;8571

       (2) Provides care exclusively to members of religious orders 8572
who take vows of celibacy and live by virtue of their vows within 8573
the orders as if related;8574

       (3) Was providing care exclusively to members of such a 8575
religious order on January 1, 1994.8576

       (D) Notwithstanding division (C)(2) of this section, a 8577
facility that has been granted a certificate of need under 8578
division (C) of this section may provide care to any of the 8579
following family members of the individuals described in division 8580
(C)(2) of this section: mothers, fathers, brothers, sisters, 8581
brothers-in-law, sisters-in-law, or children.8582

        The long-term care beds in a facility that have been granted 8583
a certificate of need under division (C) of this section may not 8584
be relocated pursuant to sections 3702.592 to 3702.5943702.595 of 8585
the Revised Code.8586

       Sec. 3702.595.  (A) Subject to division (B) of this section, 8587
the director of health shall accept at any time, for review under 8588
section 3702.52 of the Revised Code, both of the following:8589

       (1) Certificate of need applications for the establishment, 8590
development, or construction of a new long-term care facility if 8591
all of the following apply:8592

       (a) The new long-term care facility is to be licensed as a 8593
nursing home under Chapter 3721. of the Revised Code.8594

       (b) The new long-term care facility is to be located on the 8595
same site as a residential care facility that, on the effective 8596
date of this section, meets both of the following:8597

       (i) The residential care facility is licensed under Chapter 8598
3721. of the Revised Code.8599

       (ii) There is not another nursing home located on the same 8600
site as the residential care facility.8601

       (c) The new long-term care facility is to have a licensed bed 8602
capacity not exceeding twenty nursing home beds.8603

       (d) All of the beds that are to be part of the new long-term 8604
care facility's licensed bed capacity are to be relocated to the 8605
new long-term care facility in accordance with approved 8606
certificate of need applications meeting the requirements of 8607
division (A)(2) of this section.8608

       (2) Certificate of need applications for the relocation of a 8609
total of not more than twenty long-term care beds from one or more 8610
physical facilities or sites to another if all of the following 8611
apply:8612

       (a) The beds are part of a nursing home's licensed bed 8613
capacity on the effective date of this section.8614

       (b) The beds are to be relocated to the new long-term care 8615
facility authorized by an approved certificate of need application 8616
meeting the requirements of division (A)(1) of this section.8617

       (c) The long-term care facility from which the beds are to be 8618
relocated is located in a county that is contiguous to the county 8619
in which the new long-term care facility is to be located.8620

       (d) The licensed bed capacity of the long-term care facility 8621
from which the beds are to be relocated is reduced by each bed 8622
that is relocated.8623

       (e) After the beds are relocated, there will still be one or 8624
more nursing homes licensed under Chapter 3721. of the Revised 8625
Code operating in the county from which the beds are relocated.8626

       (B)(1) Once the director approves a certificate of need 8627
application meeting the requirements of division (A)(1) of this 8628
section regarding the establishment, development, or construction 8629
of a new long-term care facility, the director shall not accept or 8630
approve another such application until the expiration of the 8631
period during which the director, under division (E) of section 8632
3702.52 of the Revised Code, monitors the activities of the person 8633
granted the certificate of need.8634

       (2) Once a total of twenty long-term care beds have been 8635
approved for relocation under certificate of need applications 8636
meeting the requirements of division (A)(2) of this section, the 8637
director shall not accept or approve another such application 8638
until the director has approved, as authorized by division (B)(1) 8639
of this section, another certificate of need application meeting 8640
the requirements of division (A)(1) of this section.8641

       Sec. 3702.71.  As used in sections 3702.71 to 3702.81 of the 8642
Revised Code:8643

       (A) "Full-time practice" means working a minimum of forty 8644
hours per week for a minimum of forty-five weeks each service 8645
year.8646

       (B) "Part-time practice" means working a minimum of twenty 8647
and a maximum of thirty-nine hours per week for a minimum of 8648
forty-five weeks per service year.8649

       (C) "Primary care physician" means an individual who is 8650
authorized under Chapter 4731. of the Revised Code to practice 8651
medicine and surgery or osteopathic medicine and surgery and is 8652
board certified or board eligible in a primary care specialty.8653

       (B)(D) "Primary care service" means professional 8654
comprehensive personal health services, which may include health 8655
education and disease prevention, treatment of uncomplicated 8656
health problems, diagnosis of chronic health problems, overall 8657
management of health care services for an individual or a family, 8658
and the services of a psychiatrist. "Primary care service" also 8659
includes providing the initial contact for health care services 8660
and, making referrals for secondary and tertiary care and for 8661
continuity of health care services, and teaching activities to the 8662
extent specified in a contract entered into pursuant to section 8663
3702.74 of the Revised Code.8664

       (C)(E) "Primary care specialty" means general internal 8665
medicine, pediatrics, adolescent medicine, obstetrics and 8666
gynecology, psychiatry, child and adolescent psychiatry, geriatric 8667
psychiatry, combined internal medicine and pediatrics, geriatrics, 8668
or family practice.8669

       Sec. 3702.74.  (A) A primary care physician who has signed a 8670
letter of intent under section 3702.73 of the Revised Code and the 8671
director of health may enter into a contract for the physician's 8672
participation in the physician loan repayment program. The 8673
physician's employer or other funding source may also be a party 8674
to the contract.8675

       (B) The contract shall include all of the following 8676
obligations:8677

       (1) The primary care physician agrees to provide primary care 8678
services in the health resource shortage area identified in the 8679
letter of intent for at least two yearsthe number of hours and 8680
duration specified in the contract;8681

       (2) When providing primary care services in the health 8682
resource shortage area, the primary care physician agrees to do 8683
all of the following:8684

       (a) Provide primary care services for a minimum of forty 8685
hours per week, of which at least twenty-one hours will be spent 8686
providing patient care in an outpatient or ambulatory setting 8687
approved by the department of health;8688

       (b) Provide primary care services without regard to a 8689
patient's ability to pay;8690

       (c) Meet the requirements for a medicaid provider agreement 8691
and enter into the agreement with the department of medicaid to 8692
provide primary care services to medicaid recipients. 8693

       (3) The department of health agrees, as provided in section 8694
3702.75 of the Revised Code, to repay, so long as the primary care 8695
physician performs the service obligation agreed to under division 8696
(B)(1) of this section, all or part of the principal and interest 8697
of a government or other educational loan taken by the primary 8698
care physician for expenses described in section 3702.75 of the 8699
Revised Code;8700

       (4) The primary care physician agrees to pay the department 8701
of health an amount established by rules adopted under section 8702
3702.79 of the Revised Code if the physician fails to complete the 8703
service obligation agreed to under division (B)(1) of this 8704
section.8705

       (C) The contract may include any other terms agreed upon by 8706
the partiesshall include the following terms as agreed upon by 8707
the parties:8708

       (1) The primary care physician's required length of service 8709
in the health resource shortage area, which must be at least two 8710
years;8711

       (2) The number of weekly hours the primary care physician 8712
will be engaged in full-time practice or part-time practice in the 8713
health resource shortage area;8714

       (3) The maximum amount that the department will repay on 8715
behalf of the primary care physician;8716

       (4) The extent to which the primary care physician's teaching 8717
activities in the health resource shortage area will be counted 8718
toward the physician's full-time practice or part-time practice 8719
hours under the contract.8720

       Sec. 3702.75.  There is hereby created the physician loan 8721
repayment program. Under the program, the department of health, by 8722
means of a contract provision under division (B)(3) of section 8723
3702.74 of the Revised Code, may agree to repay all or part of the 8724
principal and interest of a government or other educational loan 8725
taken by a primary care physician for the following expenses, so 8726
long as the expenses were incurred while the physician was 8727
enrolled in, for up to a maximum of four years, a medical school 8728
or osteopathic medical school in the United States that was, 8729
during the time enrolled, accredited by the liaison committee on 8730
medical education or the American osteopathic association, or a 8731
medical school or osteopathic medical school located outside the 8732
United States that was, during the time enrolled, acknowledged by 8733
the world health organization and verified by a member state of 8734
that organization as operating within the state's jurisdiction:8735

       (A) Tuition;8736

       (B) Other educational expenses, such as fees, books, and 8737
laboratory expenses, for specific purposes and in amounts 8738
determined to be reasonable by the director of health;8739

       (C) Room and board, in an amount determined reasonable by the 8740
director of health.8741

       In the first and second years, no repayment shall exceed 8742
twenty-five thousand dollars in each year. In the third and fourth 8743
years, no repayment shall exceed thirty-five thousand dollars in 8744
each year. If, however, a repayment results in an increase in the 8745
primary care physician's federal, state, or local income tax 8746
liability, at the physician's request, the department may 8747
reimburse the physician for the increased tax liability, 8748
regardless of the amount of the repayment made to the physician in 8749
that year.8750

       Not later than the thirty-first day of January each year, the 8751
department shall mail to each physician to whom or on whose behalf 8752
repayment is made under this section a statement showing the 8753
amount repaid by the department pursuant to the contract in the 8754
preceding year. The statement shall be sent by ordinary mail with 8755
address correction and forwarding requested in the manner 8756
prescribed by the United States postal service.8757

       Sec. 3702.91.  (A) As used in this section, "full-time 8758
practice" and "part-time practice" have the same meanings as in 8759
section 3702.71 of the Revised Code.8760

       (B) An individual who has signed a letter of intent under 8761
section 3702.90 of the Revised Code may enter into a contract with 8762
the director of health for participation in the dentist loan 8763
repayment program. The dentist's employer or other funding source 8764
may also be a party to the contract.8765

       (B)(C) The contract shall include all of the following 8766
obligations:8767

       (1) The individual agrees to provide dental services in the 8768
dental health resource shortage area identified in the letter of 8769
intent for at least two yearsthe number of hours and duration 8770
specified in the contract.8771

       (2) When providing dental services in the dental health 8772
resource shortage area, the individual agrees to do all of the 8773
following:8774

       (a) Provide dental services for a minimum of forty hours per 8775
weekin a service site approved by the department of health;8776

       (b) Provide dental services without regard to a patient's 8777
ability to pay;8778

       (c) Meet the requirements for a medicaid provider agreement 8779
and enter into the agreement with the department of medicaid to 8780
provide dental services to medicaid recipients.8781

       (3) The department of health agrees, as provided in section 8782
3702.85 of the Revised Code, to repay, so long as the individual 8783
performs the service obligation agreed to under division (B)(C)(1) 8784
of this section, all or part of the principal and interest of a 8785
government or other educational loan taken by the individual for 8786
expenses described in section 3702.85 of the Revised Code.8787

       (4) The individual agrees to pay the department of health an 8788
amount established by rules adopted under section 3702.86 of the 8789
Revised Code, if the individual fails to complete the service 8790
obligation agreed to under division (B)(C)(1) of this section.8791

       (C)(D) The contract mayshall include any otherthe following8792
terms as agreed upon by the parties:8793

       (1) The individual's required length of service in the dental 8794
health resource shortage area, which must be at least two years;8795

       (2) The number of weekly hours the individual will be engaged 8796
in full-time practice or part-time practice;8797

       (3) The maximum amount that the department will repay on 8798
behalf of the individual;8799

       (4) The extent to which the individual's teaching activities 8800
in the dental health resource shortage area will be counted toward 8801
the individual's full-time practice or part-time practice hours 8802
under the contract.8803

       (D) Not later than the thirty-first day of January of each 8804
year, the department of health shall mail to each individual to 8805
whom or on whose behalf repayment is made under the dentist loan 8806
repayment program a statement showing the amount of principal and 8807
interest repaid by the department pursuant to the contract in the 8808
preceding year. The statement shall be sent by ordinary mail with 8809
address correction and forwarding requested in the manner 8810
prescribed by the United States postal service.8811

       Sec. 3702.95.  The director of health may accept gifts of 8812
money from any source for the implementation and administration of 8813
sections 3702.85 to 3702.933702.92 of the Revised Code. 8814

       The director shall pay all gifts accepted under this section 8815
into the state treasury, to the credit of the dental health 8816
resource shortage area fund, which is hereby created, and all 8817
damages collected under division (B)(C)(4) of section 3702.91 of 8818
the Revised Code, into the state treasury, to the credit of the 8819
dentist loan repayment fund, which is hereby created.8820

       The director shall use the dental health resource shortage 8821
area and dentist loan repayment funds for the implementation and 8822
administration of sections 3702.85 to 3702.95 of the Revised Code. 8823

       Sec. 3721.122.  Before an individual is admitted as a 8824
resident to a home, the home's administrator shall search for the 8825
individual's name in the internet-based sex offender and 8826
child-victim offender database established under division (A)(11) 8827
of section 2950.13 of the Revised Code. If the search results 8828
identify the individual as a sex offender and the individual is 8829
admitted as a resident to the home, the administrator shall 8830
provide for the home to do all of the following:8831

       (A) Develop a plan of care to protect the other residents' 8832
rights to a safe environment and to be free from abuse;8833

       (B) Notify all of the home's other residents and their 8834
sponsors that a sex offender has been admitted as a resident to 8835
the home and include in the notice a description of the plan of 8836
care developed under division (A) of this section;8837

       (C) Direct the individual in updating the individual's 8838
address under section 2950.05 of the Revised Code and, if the 8839
individual is unable to do so without assistance, provide the 8840
assistance the individual needs to update the individual's address 8841
under that section.8842

       Sec. 3730.09.  (A) Each operator of a business that offers 8843
tattooing or body piercing services shall do all of the following:8844

       (1) Maintain procedures for ensuring that the individuals who 8845
perform tattooing or body piercing procedures are adequately 8846
trained to perform the procedures properly;8847

       (2) With respect to tattooing services, maintain written 8848
records that include the color, manufacturer, and lot number of 8849
each pigment used for each tattoo performed;8850

       (3) Comply with the safety and sanitation requirements for 8851
preventing transmission of infectious diseases, as established in 8852
rules adopted under section 3730.10 of the Revised Code;8853

       (4) Require the individuals who perform tattooing and body 8854
piercing procedures to disinfect and sterilizeEnsure that all 8855
invasive equipment or parts of equipment used in performing the8856
tattooing and body piercing procedures are disinfected and 8857
sterilized by using methods that meet the disinfection and 8858
sterilization requirements established in rules adopted under 8859
section 3730.10 of the Revised Code;8860

       (5) Ensure that weekly tests of the business's heat 8861
sterilization devices are performed to determine whether the 8862
devices are functioning properly. In having the devices tested, 8863
the operator of the business shall use a biological monitoring 8864
system that indicates whether the devices are killing 8865
microorganisms. If a test indicates that a device is not 8866
functioning properly, the operator shall take immediate remedial 8867
action to ensure that heat sterilization is being accomplished. 8868
The operator shall maintain documentation that the weekly tests 8869
are being performed. To comply with the documentation requirement, 8870
the documents must consist of a log that indicates the date on 8871
which each test is performed and the name of the person who 8872
performed the test or, if a test was conducted by an independent 8873
testing entity, a copy of the entity's testing report. The 8874
operator shall maintain records of each test performed for at 8875
least two years.8876

       (B) Each operator of a business that offers ear piercing 8877
services performed with an ear piercing gun shall require the 8878
individuals who perform the ear piercing services to disinfect and 8879
sterilize the ear piercing gun by using chemical solutions that 8880
meet the disinfection and sterilization requirements established 8881
in rules adopted under section 3730.10 of the Revised Code.8882

       Sec. 3737.02.  (A) The fire marshal may collect fees to cover 8883
the costs of performing inspections and other duties that the fire 8884
marshal is authorized or required by law to perform. Except as 8885
provided in division (B) of this section, all fees collected by 8886
the fire marshal shall be deposited to the credit of the fire 8887
marshal's fund.8888

       (B)(1) All of the following shall be credited to the 8889
underground storage tank administration fund, which is hereby 8890
created in the state treasury:8891

       (1)(a) Fees collected under sections 3737.88 and 3737.881 of 8892
the Revised Code for operation of the underground storage tank and 8893
underground storage tank installer certification programs;8894

       (2)(b) Moneys recovered under section 3737.89 of the Revised 8895
Code for the state's costs of undertaking corrective or 8896
enforcement actions under that section or section 3737.882 of the 8897
Revised Code;8898

       (3)(c) Fines and penalties collected under section 3737.882 8899
of the Revised Code;8900

       (4) Amounts repaid for underground storage tank revolving 8901
loans under section 3737.883and other moneys, including 8902
corrective action enforcement case settlements or bankruptcy case 8903
awards or settlements, received by the fire marshal under sections 8904
3737.88 to 3737.89 of the Revised Code.8905

       (C)(2) All interest earned on moneys credited to the 8906
underground storage tank administration fund shall be credited to 8907
the fund. Moneys credited to the underground storage tank 8908
administration fund shall be used by the fire marshal for 8909
implementation and enforcement of underground storage tank, 8910
corrective action, and installer certification programs under 8911
sections 3737.88 to 3737.89 of the Revised Code. Only moneys 8912
described in divisions (B)(3) and (4) of this section may be used 8913
by the fire marshal to make underground storage tank revolving 8914
loans under section 3737.883 of the Revised Code, and no other 8915
moneys may be used to make those loans.8916

       (D)(C) There is hereby created in the state treasury the 8917
underground storage tank revolving loan fund. The fund shall 8918
consist of amounts repaid for underground storage tank revolving 8919
loans under section 3737.883 of the Revised Code and moneys 8920
described in division (B)(1)(c) of this section that are allocated 8921
to the fund in accordance with division (D)(1) of this section. 8922
Moneys in the fund shall be used by the fire marshal to make 8923
underground storage tank revolving loans under section 3737.883 of 8924
the Revised Code.8925

        (D)(1) If the director of commerce determines that the cash 8926
balance in the underground storage tank administration fund is in 8927
excess of the amount needed for implementation and enforcement of 8928
the underground storage tank, corrective action, and installer 8929
certification programs under sections 3737.88 to 3737.89 of the 8930
Revised Code, the director may certify the excess amount to the 8931
director of budget and management. Upon certification, the 8932
director of budget and management may transfer from the 8933
underground storage tank administration fund to the underground 8934
storage tank revolving loan fund any amount up to, but not 8935
exceeding, the amount certified by the director of commerce, 8936
provided the amount transferred consists only of moneys described 8937
in division (B)(1)(c) of this section.8938

        (2) If the director of commerce determines that the cash 8939
balance in the underground storage tank administration fund is 8940
insufficient to implement and enforce the underground storage 8941
tank, corrective action, and installer certification programs 8942
under sections 3737.88 to 3737.89 of the Revised Code, the 8943
director may certify the amount needed to the director of budget 8944
and management. Upon certification, the director of budget and 8945
management may transfer from the underground storage tank 8946
revolving loan fund to the underground storage tank administration 8947
fund any amount up to, but not exceeding, the amount certified by 8948
the director of commerce.8949

        (E) The fire marshal shall take all actions necessary to 8950
obtain any federal funding available to carry out the fire 8951
marshal's responsibilities under sections 3737.88 to 3737.89 of 8952
the Revised Code and federal laws regarding the cleaning up of 8953
releases of petroleum, as "release" is defined in section 3737.87 8954
of the Revised Code, including, without limitation, any federal 8955
funds that are available to reimburse the state for the costs of 8956
undertaking corrective actions for such releases of petroleum. The 8957
state may, when appropriate, return to the United States any 8958
federal funds recovered under sections 3737.882 and 3737.89 of the 8959
Revised Code.8960

       Sec. 3772.02. (A) There is hereby created the Ohio casino 8961
control commission described in Section 6(C)(1) of Article XV, 8962
Ohio Constitution.8963

       (B) The commission shall consist of seven members appointed 8964
within one month of the effective date of this sectionSeptember 8965
10, 2010, by the governor with the advice and consent of the 8966
senate. The governor shall forward all appointments to the senate 8967
within twenty-four hours.8968

       (1) Each commission member is eligible for reappointment at 8969
the discretion of the governor. No commission member shall be 8970
appointed for more than three terms in total.8971

       (2) Each commission member shall be a resident of Ohio.8972

       (3) At least one commission member shall be experienced in 8973
law enforcement and criminal investigation.8974

       (4) At least one commission member shall be a certified 8975
public accountant experienced in accounting and auditing.8976

       (5) At least one commission member shall be an attorney 8977
admitted to the practice of law in Ohio.8978

       (6) At least one commission member shall be a resident of a 8979
county where one of the casino facilities is located.8980

       (7) Not more than four commission members shall be of the 8981
same political party.8982

       (8) No commission member shall have any affiliation with an 8983
Ohio casino operator or facility.8984

       (C) Commission members shall serve four-year terms, except 8985
that when the governor makes initial appointments to the 8986
commission under this chapter, the governor shall appoint three 8987
members to serve four-year terms with not more than two such 8988
members from the same political party, two members to serve 8989
three-year terms with such members not being from the same 8990
political party, and two members to serve two-year terms with such 8991
members not being from the same political party.8992

       (D) Each commission member shall hold office from the date of 8993
appointment until the end of the term for which the member was 8994
appointed. Any member appointed to fill a vacancy occurring before 8995
the expiration of the term for which the member's predecessor was 8996
appointed shall hold office for the remainder of the unexpired 8997
term. Any member shall continue in office after the expiration 8998
date of the member's term until the member's successor takes 8999
office, or until a period of sixty days has elapsed, whichever 9000
occurs first. A vacancy in the commission membership shall be 9001
filled in the same manner as the original appointment.9002

       (E) The governor shall select one member to serve as 9003
chairperson and the commission members shall select one member 9004
from a different party than the chairperson to serve as 9005
vice-chairperson. The governor may remove and replace the 9006
chairperson at any time. No such member shall serve as chairperson 9007
for more than six successive years. The vice-chairperson shall 9008
assume the duties of the chairperson in the absence of the 9009
chairperson. The chairperson and vice-chairperson shall perform 9010
but shall not be limited to additional duties as are prescribed by 9011
commission rule.9012

       (F) A commission member is not required to devote the 9013
member's full time to membership on the commission. Each member of 9014
the commission shall receive compensation of sixtythirty thousand 9015
dollars per year, payable in monthly installments for the first 9016
four years of the commission's existence. Each member shall 9017
receive the member's actual and necessary expenses incurred in the 9018
discharge of the member's official duties.9019

       (G) The governor shall not appoint an individual to the 9020
commission, and an individual shall not serve on the commission, 9021
if the individual has been convicted of or pleaded guilty or no 9022
contest to a disqualifying offense as defined in section 3772.07 9023
of the Revised Code. Members coming under indictment or bill of 9024
information of a disqualifying offense shall resign from the 9025
commission immediately upon indictment.9026

       (H) At least five commission members shall be present for the 9027
commission to meet. The concurrence of four members is necessary 9028
for the commission to take any action. All members shall vote on 9029
the adoption of rules, and the approval of, and the suspension or 9030
revocation of, the licenses of casino operators or management 9031
companies, unless a member has a written leave of absence filed 9032
with and approved by the chairperson.9033

       (I) A commission member may be removed or suspended from 9034
office in accordance with section 3.04 of the Revised Code.9035

       (J) Each commission member, before entering upon the 9036
discharge of the member's official duties, shall make an oath to 9037
uphold the Ohio Constitution and laws of the state of Ohio and 9038
shall give a bond, payable by the commission, to the treasurer of 9039
state, in the sum of ten thousand dollars with sufficient sureties 9040
to be approved by the treasurer of state, which bond shall be 9041
filed with the secretary of state.9042

       (K) The commission shall hold one regular meeting each month 9043
and shall convene other meetings at the request of the chairperson 9044
or a majority of the members. A member who fails to attend at 9045
least three-fifths of the regular and special meetings of the 9046
commission during any two-year period forfeits membership on the 9047
commission. All meetings of the commission shall be open meetings 9048
under section 121.22 of the Revised Code except as otherwise 9049
allowed by law.9050

       Sec. 4141.01.  As used in this chapter, unless the context 9051
otherwise requires:9052

       (A)(1) "Employer" means the state, its instrumentalities, its 9053
political subdivisions and their instrumentalities, Indian tribes, 9054
and any individual or type of organization including any 9055
partnership, limited liability company, association, trust, 9056
estate, joint-stock company, insurance company, or corporation, 9057
whether domestic or foreign, or the receiver, trustee in 9058
bankruptcy, trustee, or the successor thereof, or the legal 9059
representative of a deceased person who subsequent to December 31, 9060
1971, or in the case of political subdivisions or their 9061
instrumentalities, subsequent to December 31, 1973:9062

       (a) Had in employment at least one individual, or in the case 9063
of a nonprofit organization, subsequent to December 31, 1973, had 9064
not less than four individuals in employment for some portion of a 9065
day in each of twenty different calendar weeks, in either the 9066
current or the preceding calendar year whether or not the same 9067
individual was in employment in each such day; or9068

       (b) Except for a nonprofit organization, had paid for service 9069
in employment wages of fifteen hundred dollars or more in any 9070
calendar quarter in either the current or preceding calendar year; 9071
or9072

       (c) Had paid, subsequent to December 31, 1977, for employment 9073
in domestic service in a local college club, or local chapter of a 9074
college fraternity or sorority, cash remuneration of one thousand 9075
dollars or more in any calendar quarter in the current calendar 9076
year or the preceding calendar year, or had paid subsequent to 9077
December 31, 1977, for employment in domestic service in a private 9078
home cash remuneration of one thousand dollars in any calendar 9079
quarter in the current calendar year or the preceding calendar 9080
year:9081

       (i) For the purposes of divisions (A)(1)(a) and (b) of this 9082
section, there shall not be taken into account any wages paid to, 9083
or employment of, an individual performing domestic service as 9084
described in this division.9085

       (ii) An employer under this division shall not be an employer 9086
with respect to wages paid for any services other than domestic 9087
service unless the employer is also found to be an employer under 9088
division (A)(1)(a), (b), or (d) of this section.9089

       (d) As a farm operator or a crew leader subsequent to 9090
December 31, 1977, had in employment individuals in agricultural 9091
labor; and9092

       (i) During any calendar quarter in the current calendar year 9093
or the preceding calendar year, paid cash remuneration of twenty 9094
thousand dollars or more for the agricultural labor; or9095

       (ii) Had at least ten individuals in employment in 9096
agricultural labor, not including agricultural workers who are 9097
aliens admitted to the United States to perform agricultural labor 9098
pursuant to sections 1184(c) and 1101(a)(15)(H) of the 9099
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A. 9100
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each 9101
of the twenty different calendar weeks, in either the current or 9102
preceding calendar year whether or not the same individual was in 9103
employment in each day; or9104

       (e) Is not otherwise an employer as defined under division 9105
(A)(1)(a) or (b) of this section; and9106

       (i) For which, within either the current or preceding 9107
calendar year, service, except for domestic service in a private 9108
home not covered under division (A)(1)(c) of this section, is or 9109
was performed with respect to which such employer is liable for 9110
any federal tax against which credit may be taken for 9111
contributions required to be paid into a state unemployment fund;9112

       (ii) Which, as a condition for approval of this chapter for 9113
full tax credit against the tax imposed by the "Federal 9114
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is 9115
required, pursuant to such act to be an employer under this 9116
chapter; or9117

       (iii) Who became an employer by election under division 9118
(A)(4) or (5) of this section and for the duration of such 9119
election; or9120

       (f) In the case of the state, its instrumentalities, its 9121
political subdivisions, and their instrumentalities, and Indian 9122
tribes, had in employment, as defined in divisions (B)(2)(a) and 9123
(B)(2)(l) of this section, at least one individual;9124

       (g) For the purposes of division (A)(1)(a) of this section, 9125
if any week includes both the thirty-first day of December and the 9126
first day of January, the days of that week before the first day 9127
of January shall be considered one calendar week and the days 9128
beginning the first day of January another week.9129

       (2) Each individual employed to perform or to assist in 9130
performing the work of any agent or employee of an employer is 9131
employed by such employer for all the purposes of this chapter, 9132
whether such individual was hired or paid directly by such 9133
employer or by such agent or employee, provided the employer had 9134
actual or constructive knowledge of the work. All individuals 9135
performing services for an employer of any person in this state 9136
who maintains two or more establishments within this state are 9137
employed by a single employer for the purposes of this chapter.9138

       (3) An employer subject to this chapter within any calendar 9139
year is subject to this chapter during the whole of such year and 9140
during the next succeeding calendar year.9141

       (4) An employer not otherwise subject to this chapter who 9142
files with the director of job and family services a written 9143
election to become an employer subject to this chapter for not 9144
less than two calendar years shall, with the written approval of 9145
such election by the director, become an employer subject to this 9146
chapter to the same extent as all other employers as of the date 9147
stated in such approval, and shall cease to be subject to this 9148
chapter as of the first day of January of any calendar year 9149
subsequent to such two calendar years only if at least thirty days 9150
prior to such first day of January the employer has filed with the 9151
director a written notice to that effect.9152

       (5) Any employer for whom services that do not constitute 9153
employment are performed may file with the director a written 9154
election that all such services performed by individuals in the 9155
employer's employ in one or more distinct establishments or places 9156
of business shall be deemed to constitute employment for all the 9157
purposes of this chapter, for not less than two calendar years. 9158
Upon written approval of the election by the director, such 9159
services shall be deemed to constitute employment subject to this 9160
chapter from and after the date stated in such approval. Such 9161
services shall cease to be employment subject to this chapter as 9162
of the first day of January of any calendar year subsequent to 9163
such two calendar years only if at least thirty days prior to such 9164
first day of January such employer has filed with the director a 9165
written notice to that effect.9166

       (B)(1) "Employment" means service performed by an individual 9167
for remuneration under any contract of hire, written or oral, 9168
express or implied, including service performed in interstate 9169
commerce and service performed by an officer of a corporation, 9170
without regard to whether such service is executive, managerial, 9171
or manual in nature, and without regard to whether such officer is 9172
a stockholder or a member of the board of directors of the 9173
corporation, unless it is shown to the satisfaction of the 9174
director that such individual has been and will continue to be 9175
free from direction or control over the performance of such 9176
service, both under a contract of service and in fact. The 9177
director shall adopt rules to define "direction or control."9178

       (2) "Employment" includes:9179

       (a) Service performed after December 31, 1977, by an 9180
individual in the employ of the state or any of its 9181
instrumentalities, or any political subdivision thereof or any of 9182
its instrumentalities or any instrumentality of more than one of 9183
the foregoing or any instrumentality of any of the foregoing and 9184
one or more other states or political subdivisions and without 9185
regard to divisions (A)(1)(a) and (b) of this section, provided 9186
that such service is excluded from employment as defined in the 9187
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301, 9188
3306(c)(7) and is not excluded under division (B)(3) of this 9189
section; or the services of employees covered by voluntary 9190
election, as provided under divisions (A)(4) and (5) of this 9191
section;9192

       (b) Service performed after December 31, 1971, by an 9193
individual in the employ of a religious, charitable, educational, 9194
or other organization which is excluded from the term "employment" 9195
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26 9196
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A. 9197
3306(c)(8) of that act and is not excluded under division (B)(3) 9198
of this section;9199

       (c) Domestic service performed after December 31, 1977, for 9200
an employer, as provided in division (A)(1)(c) of this section;9201

       (d) Agricultural labor performed after December 31, 1977, for 9202
a farm operator or a crew leader, as provided in division 9203
(A)(1)(d) of this section;9204

       (e) Service not covered under division (B)(1) of this section 9205
which is performed after December 31, 1971:9206

       (i) As an agent-driver or commission-driver engaged in 9207
distributing meat products, vegetable products, fruit products, 9208
bakery products, beverages other than milk, laundry, or 9209
dry-cleaning services, for the individual's employer or principal;9210

       (ii) As a traveling or city salesperson, other than as an 9211
agent-driver or commission-driver, engaged on a full-time basis in 9212
the solicitation on behalf of and in the transmission to the 9213
salesperson's employer or principal except for sideline sales 9214
activities on behalf of some other person of orders from 9215
wholesalers, retailers, contractors, or operators of hotels, 9216
restaurants, or other similar establishments for merchandise for 9217
resale, or supplies for use in their business operations, provided 9218
that for the purposes of division (B)(2)(e)(ii) of this section, 9219
the services shall be deemed employment if the contract of service 9220
contemplates that substantially all of the services are to be 9221
performed personally by the individual and that the individual 9222
does not have a substantial investment in facilities used in 9223
connection with the performance of the services other than in 9224
facilities for transportation, and the services are not in the 9225
nature of a single transaction that is not a part of a continuing 9226
relationship with the person for whom the services are performed.9227

       (f) An individual's entire service performed within or both 9228
within and without the state if:9229

       (i) The service is localized in this state.9230

       (ii) The service is not localized in any state, but some of 9231
the service is performed in this state and either the base of 9232
operations, or if there is no base of operations then the place 9233
from which such service is directed or controlled, is in this 9234
state or the base of operations or place from which such service 9235
is directed or controlled is not in any state in which some part 9236
of the service is performed but the individual's residence is in 9237
this state.9238

       (g) Service not covered under division (B)(2)(f)(ii) of this 9239
section and performed entirely without this state, with respect to 9240
no part of which contributions are required and paid under an 9241
unemployment compensation law of any other state, the Virgin 9242
Islands, Canada, or of the United States, if the individual 9243
performing such service is a resident of this state and the 9244
director approves the election of the employer for whom such 9245
services are performed; or, if the individual is not a resident of 9246
this state but the place from which the service is directed or 9247
controlled is in this state, the entire services of such 9248
individual shall be deemed to be employment subject to this 9249
chapter, provided service is deemed to be localized within this 9250
state if the service is performed entirely within this state or if 9251
the service is performed both within and without this state but 9252
the service performed without this state is incidental to the 9253
individual's service within the state, for example, is temporary 9254
or transitory in nature or consists of isolated transactions;9255

       (h) Service of an individual who is a citizen of the United 9256
States, performed outside the United States except in Canada after 9257
December 31, 1971, or the Virgin Islands, after December 31, 1971, 9258
and before the first day of January of the year following that in 9259
which the United States secretary of labor approves the Virgin 9260
Islands law for the first time, in the employ of an American 9261
employer, other than service which is "employment" under divisions 9262
(B)(2)(f) and (g) of this section or similar provisions of another 9263
state's law, if:9264

       (i) The employer's principal place of business in the United 9265
States is located in this state;9266

       (ii) The employer has no place of business in the United 9267
States, but the employer is an individual who is a resident of 9268
this state; or the employer is a corporation which is organized 9269
under the laws of this state, or the employer is a partnership or 9270
a trust and the number of partners or trustees who are residents 9271
of this state is greater than the number who are residents of any 9272
other state; or9273

       (iii) None of the criteria of divisions (B)(2)(f)(i) and (ii) 9274
of this section is met but the employer has elected coverage in 9275
this state or the employer having failed to elect coverage in any 9276
state, the individual has filed a claim for benefits, based on 9277
such service, under this chapter.9278

       (i) For the purposes of division (B)(2)(h) of this section, 9279
the term "American employer" means an employer who is an 9280
individual who is a resident of the United States; or a 9281
partnership, if two-thirds or more of the partners are residents 9282
of the United States; or a trust, if all of the trustees are 9283
residents of the United States; or a corporation organized under 9284
the laws of the United States or of any state, provided the term 9285
"United States" includes the states, the District of Columbia, the 9286
Commonwealth of Puerto Rico, and the Virgin Islands.9287

       (j) Notwithstanding any other provisions of divisions (B)(1) 9288
and (2) of this section, service, except for domestic service in a 9289
private home not covered under division (A)(1)(c) of this section, 9290
with respect to which a tax is required to be paid under any 9291
federal law imposing a tax against which credit may be taken for 9292
contributions required to be paid into a state unemployment fund, 9293
or service, except for domestic service in a private home not 9294
covered under division (A)(1)(c) of this section, which, as a 9295
condition for full tax credit against the tax imposed by the 9296
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 9297
3311, is required to be covered under this chapter.9298

       (k) Construction services performed by any individual under a 9299
construction contract, as defined in section 4141.39 of the 9300
Revised Code, if the director determines that the employer for 9301
whom services are performed has the right to direct or control the 9302
performance of the services and that the individuals who perform 9303
the services receive remuneration for the services performed. The 9304
director shall presume that the employer for whom services are 9305
performed has the right to direct or control the performance of 9306
the services if ten or more of the following criteria apply:9307

       (i) The employer directs or controls the manner or method by 9308
which instructions are given to the individual performing 9309
services;9310

       (ii) The employer requires particular training for the 9311
individual performing services;9312

       (iii) Services performed by the individual are integrated 9313
into the regular functioning of the employer;9314

       (iv) The employer requires that services be provided by a 9315
particular individual;9316

       (v) The employer hires, supervises, or pays the wages of the 9317
individual performing services;9318

       (vi) A continuing relationship between the employer and the 9319
individual performing services exists which contemplates 9320
continuing or recurring work, even if not full-time work;9321

       (vii) The employer requires the individual to perform 9322
services during established hours;9323

       (viii) The employer requires that the individual performing 9324
services be devoted on a full-time basis to the business of the 9325
employer;9326

       (ix) The employer requires the individual to perform services 9327
on the employer's premises;9328

       (x) The employer requires the individual performing services 9329
to follow the order of work established by the employer;9330

       (xi) The employer requires the individual performing services 9331
to make oral or written reports of progress;9332

       (xii) The employer makes payment to the individual for 9333
services on a regular basis, such as hourly, weekly, or monthly;9334

       (xiii) The employer pays expenses for the individual 9335
performing services;9336

       (xiv) The employer furnishes the tools and materials for use 9337
by the individual to perform services;9338

       (xv) The individual performing services has not invested in 9339
the facilities used to perform services;9340

       (xvi) The individual performing services does not realize a 9341
profit or suffer a loss as a result of the performance of the 9342
services;9343

       (xvii) The individual performing services is not performing 9344
services for more than two employers simultaneously;9345

       (xviii) The individual performing services does not make the 9346
services available to the general public;9347

       (xix) The employer has a right to discharge the individual 9348
performing services;9349

       (xx) The individual performing services has the right to end 9350
the individual's relationship with the employer without incurring 9351
liability pursuant to an employment contract or agreement.9352

       (l) Service performed by an individual in the employ of an 9353
Indian tribe as defined by section 4(e) of the "Indian 9354
Self-Determination and Education Assistance Act," 88 Stat. 2204 9355
(1975), 25 U.S.C.A. 450b(e), including any subdivision, 9356
subsidiary, or business enterprise wholly owned by an Indian tribe 9357
provided that the service is excluded from employment as defined 9358
in the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 9359
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division 9360
(B)(3) of this section.9361

       (3) "Employment" does not include the following services if 9362
they are found not subject to the "Federal Unemployment Tax Act," 9363
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services 9364
are not required to be included under division (B)(2)(j) of this 9365
section:9366

       (a) Service performed after December 31, 1977, in 9367
agricultural labor, except as provided in division (A)(1)(d) of 9368
this section;9369

       (b) Domestic service performed after December 31, 1977, in a 9370
private home, local college club, or local chapter of a college 9371
fraternity or sorority except as provided in division (A)(1)(c) of 9372
this section;9373

       (c) Service performed after December 31, 1977, for this state 9374
or a political subdivision as described in division (B)(2)(a) of 9375
this section when performed:9376

       (i) As a publicly elected official;9377

       (ii) As a member of a legislative body, or a member of the 9378
judiciary;9379

       (iii) As a military member of the Ohio national guard;9380

       (iv) As an employee, not in the classified service as defined 9381
in section 124.11 of the Revised Code, serving on a temporary 9382
basis in case of fire, storm, snow, earthquake, flood, or similar 9383
emergency;9384

       (v) In a position which, under or pursuant to law, is 9385
designated as a major nontenured policymaking or advisory 9386
position, not in the classified service of the state, or a 9387
policymaking or advisory position the performance of the duties of 9388
which ordinarily does not require more than eight hours per week.9389

       (d) In the employ of any governmental unit or instrumentality 9390
of the United States;9391

       (e) Service performed after December 31, 1971:9392

       (i) Service in the employ of an educational institution or 9393
institution of higher education, including those operated by the 9394
state or a political subdivision, if such service is performed by 9395
a student who is enrolled and is regularly attending classes at 9396
the educational institution or institution of higher education; or9397

       (ii) By an individual who is enrolled at a nonprofit or 9398
public educational institution which normally maintains a regular 9399
faculty and curriculum and normally has a regularly organized body 9400
of students in attendance at the place where its educational 9401
activities are carried on as a student in a full-time program, 9402
taken for credit at the institution, which combines academic 9403
instruction with work experience, if the service is an integral 9404
part of the program, and the institution has so certified to the 9405
employer, provided that this subdivision shall not apply to 9406
service performed in a program established for or on behalf of an 9407
employer or group of employers.9408

       (f) Service performed by an individual in the employ of the 9409
individual's son, daughter, or spouse and service performed by a 9410
child under the age of eighteen in the employ of the child's 9411
father or mother;9412

       (g) Service performed for one or more principals by an 9413
individual who is compensated on a commission basis, who in the 9414
performance of the work is master of the individual's own time and 9415
efforts, and whose remuneration is wholly dependent on the amount 9416
of effort the individual chooses to expend, and which service is 9417
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183 9418
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December 9419
31, 1971:9420

       (i) By an individual for an employer as an insurance agent or 9421
as an insurance solicitor, if all this service is performed for 9422
remuneration solely by way of commission;9423

       (ii) As a home worker performing work, according to 9424
specifications furnished by the employer for whom the services are 9425
performed, on materials or goods furnished by such employer which 9426
are required to be returned to the employer or to a person 9427
designated for that purpose.9428

       (h) Service performed after December 31, 1971:9429

       (i) In the employ of a church or convention or association of 9430
churches, or in an organization which is operated primarily for 9431
religious purposes and which is operated, supervised, controlled, 9432
or principally supported by a church or convention or association 9433
of churches;9434

       (ii) By a duly ordained, commissioned, or licensed minister 9435
of a church in the exercise of the individual's ministry or by a 9436
member of a religious order in the exercise of duties required by 9437
such order; or9438

       (iii) In a facility conducted for the purpose of carrying out 9439
a program of rehabilitation for individuals whose earning capacity 9440
is impaired by age or physical or mental deficiency or injury, or 9441
providing remunerative work for individuals who because of their 9442
impaired physical or mental capacity cannot be readily absorbed in 9443
the competitive labor market, by an individual receiving such 9444
rehabilitation or remunerative work.9445

       (i) Service performed after June 30, 1939, with respect to 9446
which unemployment compensation is payable under the "Railroad 9447
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;9448

       (j) Service performed by an individual in the employ of any 9449
organization exempt from income tax under section 501 of the 9450
"Internal Revenue Code of 1954," if the remuneration for such 9451
service does not exceed fifty dollars in any calendar quarter, or 9452
if such service is in connection with the collection of dues or 9453
premiums for a fraternal beneficial society, order, or association 9454
and is performed away from the home office or is ritualistic 9455
service in connection with any such society, order, or 9456
association;9457

       (k) Casual labor not in the course of an employer's trade or 9458
business; incidental service performed by an officer, appraiser, 9459
or member of a finance committee of a bank, building and loan 9460
association, savings and loan association, or savings association 9461
when the remuneration for such incidental service exclusive of the 9462
amount paid or allotted for directors' fees does not exceed sixty 9463
dollars per calendar quarter is casual labor;9464

       (l) Service performed in the employ of a voluntary employees' 9465
beneficial association providing for the payment of life, 9466
sickness, accident, or other benefits to the members of such 9467
association or their dependents or their designated beneficiaries, 9468
if admission to a membership in such association is limited to 9469
individuals who are officers or employees of a municipal or public 9470
corporation, of a political subdivision of the state, or of the 9471
United States and no part of the net earnings of such association 9472
inures, other than through such payments, to the benefit of any 9473
private shareholder or individual;9474

       (m) Service performed by an individual in the employ of a 9475
foreign government, including service as a consular or other 9476
officer or employee or of a nondiplomatic representative;9477

       (n) Service performed in the employ of an instrumentality 9478
wholly owned by a foreign government if the service is of a 9479
character similar to that performed in foreign countries by 9480
employees of the United States or of an instrumentality thereof 9481
and if the director finds that the secretary of state of the 9482
United States has certified to the secretary of the treasury of 9483
the United States that the foreign government, with respect to 9484
whose instrumentality exemption is claimed, grants an equivalent 9485
exemption with respect to similar service performed in the foreign 9486
country by employees of the United States and of instrumentalities 9487
thereof;9488

       (o) Service with respect to which unemployment compensation 9489
is payable under an unemployment compensation system established 9490
by an act of congress;9491

       (p) Service performed as a student nurse in the employ of a 9492
hospital or a nurses' training school by an individual who is 9493
enrolled and is regularly attending classes in a nurses' training 9494
school chartered or approved pursuant to state law, and service 9495
performed as an intern in the employ of a hospital by an 9496
individual who has completed a four years' course in a medical 9497
school chartered or approved pursuant to state law;9498

       (q) Service performed by an individual under the age of 9499
eighteen in the delivery or distribution of newspapers or shopping 9500
news, not including delivery or distribution to any point for 9501
subsequent delivery or distribution;9502

       (r) Service performed in the employ of the United States or 9503
an instrumentality of the United States immune under the 9504
Constitution of the United States from the contributions imposed 9505
by this chapter, except that to the extent that congress permits 9506
states to require any instrumentalities of the United States to 9507
make payments into an unemployment fund under a state unemployment 9508
compensation act, this chapter shall be applicable to such 9509
instrumentalities and to services performed for such 9510
instrumentalities in the same manner, to the same extent, and on 9511
the same terms as to all other employers, individuals, and 9512
services, provided that if this state is not certified for any 9513
year by the proper agency of the United States under section 3304 9514
of the "Internal Revenue Code of 1954," the payments required of 9515
such instrumentalities with respect to such year shall be refunded 9516
by the director from the fund in the same manner and within the 9517
same period as is provided in division (E) of section 4141.09 of 9518
the Revised Code with respect to contributions erroneously 9519
collected;9520

       (s) Service performed by an individual as a member of a band 9521
or orchestra, provided such service does not represent the 9522
principal occupation of such individual, and which service is not 9523
subject to or required to be covered for full tax credit against 9524
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat. 9525
183 (1939), 26 U.S.C.A. 3301 to 3311. 9526

       (t) Service performed in the employ of a day camp whose 9527
camping season does not exceed twelve weeks in any calendar year, 9528
and which service is not subject to the "Federal Unemployment Tax 9529
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service 9530
performed after December 31, 1971:9531

       (i) In the employ of a hospital, if the service is performed 9532
by a patient of the hospital, as defined in division (W) of this 9533
section;9534

       (ii) For a prison or other correctional institution by an 9535
inmate of the prison or correctional institution;9536

       (iii) Service performed after December 31, 1977, by an inmate 9537
of a custodial institution operated by the state, a political 9538
subdivision, or a nonprofit organization.9539

       (u) Service that is performed by a nonresident alien 9540
individual for the period the individual temporarily is present in 9541
the United States as a nonimmigrant under division (F), (J), (M), 9542
or (Q) of section 101(a)(15) of the "Immigration and Nationality 9543
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded 9544
under section 3306(c)(19) of the "Federal Unemployment Tax Act," 9545
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.9546

       (v) Notwithstanding any other provisions of division (B)(3) 9547
of this section, services that are excluded under divisions 9548
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded 9549
from employment when performed for a nonprofit organization, as 9550
defined in division (X) of this section, or for this state or its 9551
instrumentalities, or for a political subdivision or its 9552
instrumentalities or for Indian tribes;9553

       (w) Service that is performed by an individual working as an 9554
election official or election worker if the amount of remuneration 9555
received by the individual during the calendar year for services 9556
as an election official or election worker is less than one 9557
thousand dollars;9558

       (x) Service performed for an elementary or secondary school 9559
that is operated primarily for religious purposes, that is 9560
described in subsection 501(c)(3) and exempt from federal income 9561
taxation under subsection 501(a) of the Internal Revenue Code, 26 9562
U.S.C.A. 501;9563

       (y) Service performed by a person committed to a penal 9564
institution.9565

       (z) Service performed for an Indian tribe as described in 9566
division (B)(2)(l) of this section when performed in any of the 9567
following manners:9568

       (i) As a publicly elected official;9569

       (ii) As a member of an Indian tribal council;9570

       (iii) As a member of a legislative or judiciary body;9571

       (iv) In a position which, pursuant to Indian tribal law, is 9572
designated as a major nontenured policymaking or advisory 9573
position, or a policymaking or advisory position where the 9574
performance of the duties ordinarily does not require more than 9575
eight hours of time per week;9576

       (v) As an employee serving on a temporary basis in the case 9577
of a fire, storm, snow, earthquake, flood, or similar emergency.9578

       (aa) Service performed after December 31, 1971, for a 9579
nonprofit organization, this state or its instrumentalities, a 9580
political subdivision or its instrumentalities, or an Indian tribe 9581
as part of an unemployment work-relief or work-training program 9582
assisted or financed in whole or in part by any federal agency or 9583
an agency of a state or political subdivision, thereof, by an 9584
individual receiving the work-relief or work-training.9585

       (bb) Participation in a learn to earn program as defined in 9586
section 4141.293 of the Revised Code.9587

       (4) If the services performed during one half or more of any 9588
pay period by an employee for the person employing that employee 9589
constitute employment, all the services of such employee for such 9590
period shall be deemed to be employment; but if the services 9591
performed during more than one half of any such pay period by an 9592
employee for the person employing that employee do not constitute 9593
employment, then none of the services of such employee for such 9594
period shall be deemed to be employment. As used in division 9595
(B)(4) of this section, "pay period" means a period, of not more 9596
than thirty-one consecutive days, for which payment of 9597
remuneration is ordinarily made to the employee by the person 9598
employing that employee. Division (B)(4) of this section does not 9599
apply to services performed in a pay period by an employee for the 9600
person employing that employee, if any of such service is excepted 9601
by division (B)(3)(o) of this section.9602

       (C) "Benefits" means money payments payable to an individual 9603
who has established benefit rights, as provided in this chapter, 9604
for loss of remuneration due to the individual's unemployment.9605

       (D) "Benefit rights" means the weekly benefit amount and the 9606
maximum benefit amount that may become payable to an individual 9607
within the individual's benefit year as determined by the 9608
director.9609

       (E) "Claim for benefits" means a claim for waiting period or 9610
benefits for a designated week.9611

       (F) "Additional claim" means the first claim for benefits 9612
filed following any separation from employment during a benefit 9613
year; "continued claim" means any claim other than the first claim 9614
for benefits and other than an additional claim.9615

       (G)(1) "Wages" means remuneration paid to an employee by each 9616
of the employee's employers with respect to employment; except 9617
that wages shall not include that part of remuneration paid during 9618
any calendar year to an individual by an employer or such 9619
employer's predecessor in interest in the same business or 9620
enterprise, which in any calendar year is in excess of eight 9621
thousand two hundred fifty dollars on and after January 1, 1992; 9622
eight thousand five hundred dollars on and after January 1, 1993; 9623
eight thousand seven hundred fifty dollars on and after January 1, 9624
1994; and nine thousand dollars on and after January 1, 1995. 9625
Remuneration in excess of such amounts shall be deemed wages 9626
subject to contribution to the same extent that such remuneration 9627
is defined as wages under the "Federal Unemployment Tax Act," 84 9628
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The 9629
remuneration paid an employee by an employer with respect to 9630
employment in another state, upon which contributions were 9631
required and paid by such employer under the unemployment 9632
compensation act of such other state, shall be included as a part 9633
of remuneration in computing the amount specified in this 9634
division.9635

       (2) Notwithstanding division (G)(1) of this section, if, as 9636
of the computation date for any calendar year, the director 9637
determines that the level of the unemployment compensation fund is 9638
sixty per cent or more below the minimum safe level as defined in 9639
section 4141.25 of the Revised Code, then, effective the first day 9640
of January of the following calendar year, wages subject to this 9641
chapter shall not include that part of remuneration paid during 9642
any calendar year to an individual by an employer or such 9643
employer's predecessor in interest in the same business or 9644
enterprise which is in excess of nine thousand dollars. The 9645
increase in the dollar amount of wages subject to this chapter 9646
under this division shall remain in effect from the date of the 9647
director's determination pursuant to division (G)(2) of this 9648
section and thereafter notwithstanding the fact that the level in 9649
the fund may subsequently become less than sixty per cent below 9650
the minimum safe level.9651

       (H)(1) "Remuneration" means all compensation for personal 9652
services, including commissions and bonuses and the cash value of 9653
all compensation in any medium other than cash, except that in the 9654
case of agricultural or domestic service, "remuneration" includes 9655
only cash remuneration. Gratuities customarily received by an 9656
individual in the course of the individual's employment from 9657
persons other than the individual's employer and which are 9658
accounted for by such individual to the individual's employer are 9659
taxable wages.9660

       The reasonable cash value of compensation paid in any medium 9661
other than cash shall be estimated and determined in accordance 9662
with rules prescribed by the director, provided that 9663
"remuneration" does not include:9664

       (a) Payments as provided in divisions (b)(2) to (b)(16)(20)9665
of section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 9666
713, 26 U.S.C.A. 3301 to 3311, as amended;9667

       (b) The payment by an employer, without deduction from the 9668
remuneration of the individual in the employer's employ, of the 9669
tax imposed upon an individual in the employer's employ under 9670
section 3101 of the "Internal Revenue Code of 1954," with respect 9671
to services performed after October 1, 1941.9672

       (2) "Cash remuneration" means all remuneration paid in cash, 9673
including commissions and bonuses, but not including the cash 9674
value of all compensation in any medium other than cash.9675

       (I) "Interested party" means the director and any party to 9676
whom notice of a determination of an application for benefit 9677
rights or a claim for benefits is required to be given under 9678
section 4141.28 of the Revised Code.9679

       (J) "Annual payroll" means the total amount of wages subject 9680
to contributions during a twelve-month period ending with the last 9681
day of the second calendar quarter of any calendar year.9682

       (K) "Average annual payroll" means the average of the last 9683
three annual payrolls of an employer, provided that if, as of any 9684
computation date, the employer has had less than three annual 9685
payrolls in such three-year period, such average shall be based on 9686
the annual payrolls which the employer has had as of such date.9687

       (L)(1) "Contributions" means the money payments to the state 9688
unemployment compensation fund required of employers by section 9689
4141.25 of the Revised Code and of the state and any of its 9690
political subdivisions electing to pay contributions under section 9691
4141.242 of the Revised Code. Employers paying contributions 9692
shall be described as "contributory employers."9693

       (2) "Payments in lieu of contributions" means the money 9694
payments to the state unemployment compensation fund required of 9695
reimbursing employers under sections 4141.241 and 4141.242 of the 9696
Revised Code.9697

       (M) An individual is "totally unemployed" in any week during 9698
which the individual performs no services and with respect to such 9699
week no remuneration is payable to the individual.9700

       (N) An individual is "partially unemployed" in any week if, 9701
due to involuntary loss of work, the total remuneration payable to 9702
the individual for such week is less than the individual's weekly 9703
benefit amount.9704

       (O) "Week" means the calendar week ending at midnight 9705
Saturday unless an equivalent week of seven consecutive calendar 9706
days is prescribed by the director.9707

       (1) "Qualifying week" means any calendar week in an 9708
individual's base period with respect to which the individual 9709
earns or is paid remuneration in employment subject to this 9710
chapter. A calendar week with respect to which an individual earns 9711
remuneration but for which payment was not made within the base 9712
period, when necessary to qualify for benefit rights, may be 9713
considered to be a qualifying week. The number of qualifying weeks 9714
which may be established in a calendar quarter shall not exceed 9715
the number of calendar weeks in the quarter.9716

       (2) "Average weekly wage" means the amount obtained by 9717
dividing an individual's total remuneration for all qualifying 9718
weeks during the base period by the number of such qualifying 9719
weeks, provided that if the computation results in an amount that 9720
is not a multiple of one dollar, such amount shall be rounded to 9721
the next lower multiple of one dollar.9722

       (P) "Weekly benefit amount" means the amount of benefits an 9723
individual would be entitled to receive for one week of total 9724
unemployment.9725

       (Q)(1) "Base period" means the first four of the last five 9726
completed calendar quarters immediately preceding the first day of 9727
an individual's benefit year, except as provided in division 9728
(Q)(2) of this section.9729

       (2) If an individual does not have sufficient qualifying 9730
weeks and wages in the base period to qualify for benefit rights, 9731
the individual's base period shall be the four most recently 9732
completed calendar quarters preceding the first day of the 9733
individual's benefit year. Such base period shall be known as the 9734
"alternate base period." If information as to weeks and wages for 9735
the most recent quarter of the alternate base period is not 9736
available to the director from the regular quarterly reports of 9737
wage information, which are systematically accessible, the 9738
director may, consistent with the provisions of section 4141.28 of 9739
the Revised Code, base the determination of eligibility for 9740
benefits on the affidavit of the claimant with respect to weeks 9741
and wages for that calendar quarter. The claimant shall furnish 9742
payroll documentation, where available, in support of the 9743
affidavit. The determination based upon the alternate base period 9744
as it relates to the claimant's benefit rights, shall be amended 9745
when the quarterly report of wage information from the employer is 9746
timely received and that information causes a change in the 9747
determination. As provided in division (B) of section 4141.28 of 9748
the Revised Code, any benefits paid and charged to an employer's 9749
account, based upon a claimant's affidavit, shall be adjusted 9750
effective as of the beginning of the claimant's benefit year. No 9751
calendar quarter in a base period or alternate base period shall 9752
be used to establish a subsequent benefit year.9753

       (3) The "base period" of a combined wage claim, as described 9754
in division (H) of section 4141.43 of the Revised Code, shall be 9755
the base period prescribed by the law of the state in which the 9756
claim is allowed.9757

       (4) For purposes of determining the weeks that comprise a 9758
completed calendar quarter under this division, only those weeks 9759
ending at midnight Saturday within the calendar quarter shall be 9760
utilized.9761

       (R)(1) "Benefit year" with respect to an individual means the 9762
fifty-two week period beginning with the first day of that week 9763
with respect to which the individual first files a valid 9764
application for determination of benefit rights, and thereafter 9765
the fifty-two week period beginning with the first day of that 9766
week with respect to which the individual next files a valid 9767
application for determination of benefit rights after the 9768
termination of the individual's last preceding benefit year, 9769
except that the application shall not be considered valid unless 9770
the individual has had employment in six weeks that is subject to 9771
this chapter or the unemployment compensation act of another 9772
state, or the United States, and has, since the beginning of the 9773
individual's previous benefit year, in the employment earned three 9774
times the average weekly wage determined for the previous benefit 9775
year. The "benefit year" of a combined wage claim, as described in 9776
division (H) of section 4141.43 of the Revised Code, shall be the 9777
benefit year prescribed by the law of the state in which the claim 9778
is allowed. Any application for determination of benefit rights 9779
made in accordance with section 4141.28 of the Revised Code is 9780
valid if the individual filing such application is unemployed, has 9781
been employed by an employer or employers subject to this chapter 9782
in at least twenty qualifying weeks within the individual's base 9783
period, and has earned or been paid remuneration at an average 9784
weekly wage of not less than twenty-seven and one-half per cent of 9785
the statewide average weekly wage for such weeks. For purposes of 9786
determining whether an individual has had sufficient employment 9787
since the beginning of the individual's previous benefit year to 9788
file a valid application, "employment" means the performance of 9789
services for which remuneration is payable.9790

       (2) Effective for benefit years beginning on and after 9791
December 26, 2004, any application for determination of benefit 9792
rights made in accordance with section 4141.28 of the Revised Code 9793
is valid if the individual satisfies the criteria described in 9794
division (R)(1) of this section, and if the reason for the 9795
individual's separation from employment is not disqualifying 9796
pursuant to division (D)(2) of section 4141.29 or section 4141.291 9797
of the Revised Code. A disqualification imposed pursuant to 9798
division (D)(2) of section 4141.29 or section 4141.291 of the 9799
Revised Code must be removed as provided in those sections as a 9800
requirement of establishing a valid application for benefit years 9801
beginning on and after December 26, 2004.9802

       (3) The statewide average weekly wage shall be calculated by 9803
the director once a year based on the twelve-month period ending 9804
the thirtieth day of June, as set forth in division (B)(3) of 9805
section 4141.30 of the Revised Code, rounded down to the nearest 9806
dollar. Increases or decreases in the amount of remuneration 9807
required to have been earned or paid in order for individuals to 9808
have filed valid applications shall become effective on Sunday of 9809
the calendar week in which the first day of January occurs that 9810
follows the twelve-month period ending the thirtieth day of June 9811
upon which the calculation of the statewide average weekly wage 9812
was based.9813

       (4) As used in this division, an individual is "unemployed" 9814
if, with respect to the calendar week in which such application is 9815
filed, the individual is "partially unemployed" or "totally 9816
unemployed" as defined in this section or if, prior to filing the 9817
application, the individual was separated from the individual's 9818
most recent work for any reason which terminated the individual's 9819
employee-employer relationship, or was laid off indefinitely or 9820
for a definite period of seven or more days.9821

       (S) "Calendar quarter" means the period of three consecutive 9822
calendar months ending on the thirty-first day of March, the 9823
thirtieth day of June, the thirtieth day of September, and the 9824
thirty-first day of December, or the equivalent thereof as the 9825
director prescribes by rule.9826

       (T) "Computation date" means the first day of the third 9827
calendar quarter of any calendar year.9828

       (U) "Contribution period" means the calendar year beginning 9829
on the first day of January of any year.9830

       (V) "Agricultural labor," for the purpose of this division, 9831
means any service performed prior to January 1, 1972, which was 9832
agricultural labor as defined in this division prior to that date, 9833
and service performed after December 31, 1971:9834

       (1) On a farm, in the employ of any person, in connection 9835
with cultivating the soil, or in connection with raising or 9836
harvesting any agricultural or horticultural commodity, including 9837
the raising, shearing, feeding, caring for, training, and 9838
management of livestock, bees, poultry, and fur-bearing animals 9839
and wildlife;9840

       (2) In the employ of the owner or tenant or other operator of 9841
a farm in connection with the operation, management, conservation, 9842
improvement, or maintenance of such farm and its tools and 9843
equipment, or in salvaging timber or clearing land of brush and 9844
other debris left by hurricane, if the major part of such service 9845
is performed on a farm;9846

       (3) In connection with the production or harvesting of any 9847
commodity defined as an agricultural commodity in section 15 (g) 9848
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12 9849
U.S.C. 1141j, as amended, or in connection with the ginning of 9850
cotton, or in connection with the operation or maintenance of 9851
ditches, canals, reservoirs, or waterways, not owned or operated 9852
for profit, used exclusively for supplying and storing water for 9853
farming purposes;9854

       (4) In the employ of the operator of a farm in handling, 9855
planting, drying, packing, packaging, processing, freezing, 9856
grading, storing, or delivering to storage or to market or to a 9857
carrier for transportation to market, in its unmanufactured state, 9858
any agricultural or horticultural commodity, but only if the 9859
operator produced more than one half of the commodity with respect 9860
to which such service is performed;9861

       (5) In the employ of a group of operators of farms, or a 9862
cooperative organization of which the operators are members, in 9863
the performance of service described in division (V)(4) of this 9864
section, but only if the operators produced more than one-half of 9865
the commodity with respect to which the service is performed;9866

       (6) Divisions (V)(4) and (5) of this section shall not be 9867
deemed to be applicable with respect to service performed:9868

       (a) In connection with commercial canning or commercial 9869
freezing or in connection with any agricultural or horticultural 9870
commodity after its delivery to a terminal market for distribution 9871
for consumption; or9872

       (b) On a farm operated for profit if the service is not in 9873
the course of the employer's trade or business.9874

       As used in division (V) of this section, "farm" includes 9875
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, 9876
plantations, ranches, nurseries, ranges, greenhouses, or other 9877
similar structures used primarily for the raising of agricultural 9878
or horticultural commodities and orchards.9879

       (W) "Hospital" means an institution which has been registered 9880
or licensed by the Ohio department of health as a hospital.9881

       (X) "Nonprofit organization" means an organization, or group 9882
of organizations, described in section 501(c)(3) of the "Internal 9883
Revenue Code of 1954," and exempt from income tax under section 9884
501(a) of that code.9885

       (Y) "Institution of higher education" means a public or 9886
nonprofit educational institution, including an educational 9887
institution operated by an Indian tribe, which:9888

       (1) Admits as regular students only individuals having a 9889
certificate of graduation from a high school, or the recognized 9890
equivalent;9891

       (2) Is legally authorized in this state or by the Indian 9892
tribe to provide a program of education beyond high school; and9893

       (3) Provides an educational program for which it awards a 9894
bachelor's or higher degree, or provides a program which is 9895
acceptable for full credit toward such a degree, a program of 9896
post-graduate or post-doctoral studies, or a program of training 9897
to prepare students for gainful employment in a recognized 9898
occupation.9899

       For the purposes of this division, all colleges and 9900
universities in this state are institutions of higher education.9901

       (Z) For the purposes of this chapter, "states" includes the 9902
District of Columbia, the Commonwealth of Puerto Rico, and the 9903
Virgin Islands.9904

       (AA) "Alien" means, for the purposes of division (A)(1)(d) of 9905
this section, an individual who is an alien admitted to the United 9906
States to perform service in agricultural labor pursuant to 9907
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and 9908
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.9909

       (BB)(1) "Crew leader" means an individual who furnishes 9910
individuals to perform agricultural labor for any other employer 9911
or farm operator, and:9912

       (a) Pays, either on the individual's own behalf or on behalf 9913
of the other employer or farm operator, the individuals so 9914
furnished by the individual for the service in agricultural labor 9915
performed by them;9916

       (b) Has not entered into a written agreement with the other 9917
employer or farm operator under which the agricultural worker is 9918
designated as in the employ of the other employer or farm 9919
operator.9920

       (2) For the purposes of this chapter, any individual who is a 9921
member of a crew furnished by a crew leader to perform service in 9922
agricultural labor for any other employer or farm operator shall 9923
be treated as an employee of the crew leader if:9924

       (a) The crew leader holds a valid certificate of registration 9925
under the "Farm Labor Contractor Registration Act of 1963," 90 9926
Stat. 2668, 7 U.S.C. 2041; or9927

       (b) Substantially all the members of the crew operate or 9928
maintain tractors, mechanized harvesting or crop-dusting 9929
equipment, or any other mechanized equipment, which is provided by 9930
the crew leader; and9931

       (c) If the individual is not in the employment of the other 9932
employer or farm operator within the meaning of division (B)(1) of 9933
this section.9934

       (3) For the purposes of this division, any individual who is 9935
furnished by a crew leader to perform service in agricultural 9936
labor for any other employer or farm operator and who is not 9937
treated as in the employment of the crew leader under division 9938
(BB)(2) of this section shall be treated as the employee of the 9939
other employer or farm operator and not of the crew leader. The 9940
other employer or farm operator shall be treated as having paid 9941
cash remuneration to the individual in an amount equal to the 9942
amount of cash remuneration paid to the individual by the crew 9943
leader, either on the crew leader's own behalf or on behalf of the 9944
other employer or farm operator, for the service in agricultural 9945
labor performed for the other employer or farm operator.9946

       (CC) "Educational institution" means an institution other 9947
than an institution of higher education as defined in division (Y) 9948
of this section, including an educational institution operated by 9949
an Indian tribe, which:9950

       (1) Offers participants, trainees, or students an organized 9951
course of study or training designed to transfer to them 9952
knowledge, skills, information, doctrines, attitudes, or abilities 9953
from, by, or under the guidance of an instructor or teacher; and9954

       (2) Is approved, chartered, or issued a permit to operate as 9955
a school by the state board of education, other government agency, 9956
or Indian tribe that is authorized within the state to approve, 9957
charter, or issue a permit for the operation of a school.9958

       For the purposes of this division, the courses of study or 9959
training which the institution offers may be academic, technical, 9960
trade, or preparation for gainful employment in a recognized 9961
occupation.9962

       (DD) "Cost savings day" means any unpaid day off from work in 9963
which employees continue to accrue employee benefits which have a 9964
determinable value including, but not limited to, vacation, 9965
pension contribution, sick time, and life and health insurance.9966

       Sec. 4141.09.  (A) There is hereby created an unemployment 9967
compensation fund to be administered by the state without 9968
liability on the part of the state beyond the amounts paid into 9969
the fund and earned by the fund. The unemployment compensation 9970
fund shall consist of all contributions, payments in lieu of 9971
contributions described in sections 4141.241 and 4141.242 of the 9972
Revised Code, reimbursements of the federal share of extended 9973
benefits described in section 4141.301 of the Revised Code, 9974
collected under sections 4141.01 to 4141.56 of the Revised Code, 9975
and the amount required under division (A)(4) of section 4141.35 9976
of the Revised Code, together with all interest earned upon any 9977
moneys deposited with the secretary of the treasury of the United 9978
States to the credit of the account of this state in the 9979
unemployment trust fund established and maintained pursuant to 9980
section 904 of the "Social Security Act," any property or 9981
securities acquired through the use of moneys belonging to the 9982
fund, and all earnings of such property or securities. The 9983
unemployment compensation fund shall be used to pay benefits, 9984
shared work compensation as defined in section 4141.50 of the 9985
Revised Code, and refunds as provided by such sections and for no 9986
other purpose.9987

       (B) The treasurer of state shall be the custodian of the 9988
unemployment compensation fund and shall administer such fund in 9989
accordance with the directions of the director of job and family 9990
services. All disbursements therefrom shall be paid by the 9991
treasurer of state on warrants drawn by the director. Such 9992
warrants may bear the facsimile signature of the director printed 9993
thereon and that of a deputy or other employee of the director 9994
charged with the duty of keeping the account of the unemployment 9995
compensation fund and with the preparation of warrants for the 9996
payment of benefits to the persons entitled thereto. Moneys in the 9997
clearing and benefit accounts shall not be commingled with other 9998
state funds, except as provided in division (C) of this section, 9999
but shall be maintained in separate accounts on the books of the 10000
depositary bank. Such money shall be secured by the depositary 10001
bank to the same extent and in the same manner as required by 10002
sections 135.01 to 135.21 of the Revised Code; and collateral 10003
pledged for this purpose shall be kept separate and distinct from 10004
any collateral pledged to secure other funds of this state. All 10005
sums recovered for losses sustained by the unemployment 10006
compensation fund shall be deposited therein. The treasurer of 10007
state shall be liable on the treasurer's official bond for the 10008
faithful performance of the treasurer's duties in connection with 10009
the unemployment compensation fund, such liability to exist in 10010
addition to any liability upon any separate bond.10011

       (C) The treasurer of state shall maintain within the 10012
unemployment compensation fund three separate accounts which shall 10013
be a clearing account, a trust fund account, and a benefit 10014
account. All moneys payable to the unemployment compensation fund, 10015
upon receipt by the director, shall be forwarded to the treasurer 10016
of state, who shall immediately deposit them in the clearing 10017
account. Refunds of contributions, or payments in lieu of 10018
contributions, payable pursuant to division (E) of this section 10019
may be paid from the clearing account upon warrants signed by a 10020
deputy or other employee of the director charged with the duty of 10021
keeping the record of the clearing account and with the 10022
preparation of warrants for the payment of refunds to persons 10023
entitled thereto. After clearance thereof, all moneys in the 10024
clearing account shall be deposited with the secretary of the 10025
treasury of the United States to the credit of the account of this 10026
state in the unemployment trust fund established and maintained 10027
pursuant to section 904 of the "Social Security Act," in 10028
accordance with requirements of the "Federal Unemployment Tax 10029
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law 10030
in this state relating to the deposit, administration, release, or 10031
disbursement of moneys in the possession or custody of this state 10032
to the contrary notwithstanding. The benefit account shall consist 10033
of all moneys requisitioned from this state's account in the 10034
unemployment trust fund. Federal funds may be deposited, at the 10035
director's discretion, into the benefit account. Any funds 10036
deposited into the benefit account shall be disbursed solely for 10037
payment of benefits under a federal program administered by this 10038
state and for no other purpose. Moneys in the clearing and benefit 10039
accounts may be deposited by the treasurer of state, under the 10040
direction of the director, in any bank or public depositary in 10041
which general funds of the state may be deposited, but no public 10042
deposit insurance charge or premium shall be paid out of the fund.10043

       (D) Moneys shall be requisitioned from this state's account 10044
in the unemployment trust fund solely for the payment of benefits 10045
and in accordance with regulations prescribed by the director. The 10046
director shall requisition from the unemployment trust fund such 10047
amounts, not exceeding the amount standing to this state's account 10048
therein, as are deemed necessary for the payment of benefits for a 10049
reasonable future period. Upon receipt thereof, the treasurer of 10050
state shall deposit such moneys in the benefit account. 10051
Expenditures of such money in the benefit account and refunds from 10052
the clearing account shall not require specific appropriations or 10053
other formal release by state officers of money in their custody. 10054
Any balance of moneys requisitioned from the unemployment trust 10055
fund which remains unclaimed or unpaid in the benefit account 10056
after the expiration of the period for which such sums were 10057
requisitioned shall either be deducted from estimates for and may 10058
be utilized for the payment of benefits during succeeding periods, 10059
or, in the discretion of the director, shall be redeposited with 10060
the secretary of the treasury of the United States to the credit 10061
of this state's account in the unemployment trust fund, as 10062
provided in division (C) of this section. Unclaimed or unpaid 10063
federal funds redeposited with the secretary of the treasury of 10064
the United States shall be credited to the appropriate federal 10065
account.10066

       (E) No claim for an adjustment or a refund on contribution, 10067
payment in lieu of contributions, interest, or forfeiture alleged 10068
to have been erroneously or illegally assessed or collected, or 10069
alleged to have been collected without authority, and no claim for 10070
an adjustment or a refund of any sum alleged to have been 10071
excessive or in any manner wrongfully collected shall be allowed 10072
unless an application, in writing, therefor is made within four 10073
years from the date on which such payment was made. If the 10074
director determines that such contribution, payment in lieu of 10075
contributions, interest, or forfeiture, or any portion thereof, 10076
was erroneously collected, the director shall allow such employer 10077
to make an adjustment thereof without interest in connection with 10078
subsequent contribution payments, or payments in lieu of 10079
contributions, by the employer, or the director may refund said 10080
amount, without interest, from the clearing account of the 10081
unemployment compensation fund, except as provided in division (B) 10082
of section 4141.11 of the Revised Code. For like cause and within 10083
the same period, adjustment or refund may be so made on the 10084
director's own initiative. An overpayment of contribution, payment 10085
in lieu of contributions, interest, or forfeiture for which an 10086
employer has not made application for refund prior to the date of 10087
sale of the employer's business shall accrue to the employer's 10088
successor in interest.10089

       An application for an adjustment or a refund, or any portion 10090
thereof, that is rejected is binding upon the employer unless, 10091
within thirty days after the mailing of a written notice of 10092
rejection to the employer's last known address, or, in the absence 10093
of mailing of such notice, within thirty days after the delivery 10094
of such notice, the employer files an application for a review and 10095
redetermination setting forth the reasons therefor. The director 10096
shall promptly examine the application for review and 10097
redetermination, and if a review is granted, the employer shall be 10098
promptly notified thereof, and shall be granted an opportunity for 10099
a prompt hearing.10100

       (F) If the director finds that contributions have been paid 10101
to the director in error, and that such contributions should have 10102
been paid to a department of another state or of the United States 10103
charged with the administration of an unemployment compensation 10104
law, the director may upon request by such department or upon the 10105
director's own initiative transfer to such department the amount 10106
of such contributions, less any benefits paid to claimants whose 10107
wages were the basis for such contributions. The director may 10108
request and receive from such department any contributions or 10109
adjusted contributions paid in error to such department which 10110
should have been paid to the director.10111

       (G) In accordance with section 303(c)(3) of the Social 10112
Security Act, and section 3304(a)(17) of the Internal Revenue Code 10113
of 1954 for continuing certification of Ohio unemployment 10114
compensation laws for administrative grants and for tax credits, 10115
any interest required to be paid on advances under Title XII of 10116
the Social Security Act shall be paid in a timely manner and shall 10117
not be paid, directly or indirectly, by an equivalent reduction in 10118
the Ohio unemployment taxes or otherwise, by the state from 10119
amounts in the unemployment compensation fund.10120

       (H) The treasurer of state, under the direction of the 10121
director and in accordance with the "Cash Management Improvement 10122
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit 10123
amounts of interest earned by the state on funds in the benefit 10124
account established pursuant to division (C) of this section into 10125
the department of job and family services banking fees fund, which 10126
is hereby created in the state treasury for the purpose of paying 10127
related banking costs incurred by the state for the period for 10128
which the interest is calculated, except that if the deposited 10129
interest exceeds the banking costs incurred by the state for the 10130
period for which the interest is calculated, the treasurer of 10131
state shall deposit the excess interest into the unemployment 10132
trust fund.10133

       (I) The treasurer of state, under the direction of the 10134
director, shall deposit federal funds received by the director for 10135
training and administration and for payment of benefits, job 10136
search, relocation, transportation, and subsistence allowances 10137
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 10138
2101, as amended; the "North American Free Trade Agreement 10139
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as 10140
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A. 10141
3801, as amended, into the Trade Act training and administration 10142
account, which is hereby created for the purpose of making 10143
payments specified under those acts. The treasurer of state, under 10144
the direction of the director, may transfer funds from the Trade 10145
Act training and administration account to the benefit account for 10146
the purpose of making any payments directly to claimants for 10147
benefits, job search, relocation, transportation, and subsistence 10148
allowances, as specified by those acts.10149

       Sec. 4141.11.  There is hereby created in the state treasury 10150
the unemployment compensation special administrative fund. The 10151
fund shall consist of all interest collected on delinquent 10152
contributions pursuant to this chapter, all fines and forfeitures 10153
collected under this chapter, all money received from the sale of 10154
real property under section 4141.131 of the Revised Code, the 10155
amount required under division (A)(4) of section 4141.35 of the 10156
Revised Code, and all court costs and interest paid or collected 10157
in connection with the repayment of fraudulently obtained benefits 10158
pursuant to section 4141.35 of the Revised Code. All interest 10159
earned on the money in the fund shall be retained in the fund and 10160
shall not be credited or transferred to any other fund or account, 10161
except as provided in division (B) of this section. All moneys 10162
which are deposited or paid into this fund may be used by:10163

       (A) The director of job and family services whenever it 10164
appears that such use is necessary for:10165

       (1) The proper administration of this chapter and no federal 10166
funds are available for the specific purpose for which the 10167
expenditure is to be made, provided the moneys are not substituted 10168
for appropriations from federal funds, which in the absence of 10169
such moneys would be available;10170

       (2) The proper administration of this chapter for which 10171
purpose appropriations from federal funds have been requested and 10172
approved but not received, provided the fund would be reimbursed 10173
upon receipt of the federal appropriation;10174

       (3) To the extent possible, the repayment to the unemployment 10175
compensation administration fund of moneys found by the proper 10176
agency of the United States to have been lost or expended for 10177
purposes other than, or an amount in excess of, those found 10178
necessary by the proper agency of the United States for the 10179
administration of this chapter.10180

       (B) The director or the director's deputy whenever it appears 10181
that such use is necessary for the payment of refunds or 10182
adjustments of interest, fines, forfeitures, or court costs 10183
erroneously collected and paid into this fund pursuant to this 10184
chapter.10185

       (C) The director, to pay state disaster unemployment benefits 10186
pursuant to section 4141.292 of the Revised Code. 10187

       (D) The director, to pay any costs attributable to the 10188
director that are associated with the sale of real property under 10189
section 4141.131 of the Revised Code. 10190

       Whenever the balance in the unemployment compensation special 10191
administrative fund is considered to be excessive by the director, 10192
the director shall request the director of budget and management 10193
to transfer to the unemployment compensation fund the amount 10194
considered to be excessive. Any balance in the unemployment 10195
compensation special administrative fund shall not lapse at any 10196
time, but shall be continuously available to the director of job 10197
and family services for expenditures consistent with this chapter.10198

       Sec. 4141.131. (A) The director of job and family services 10199
may enter into contracts for the sale of real property no longer 10200
needed by the director for the operations of the director under 10201
this title. Any costs attributable to the director that are 10202
associated with the sale of real property under this section shall 10203
be paid out of the unemployment compensation special 10204
administrative fund established pursuant to section 4141.11 of the 10205
Revised Code. The director shall submit a report summarizing the 10206
use of that fund for the purpose of this section at least annually 10207
to the unemployment compensation advisory council as prescribed by 10208
the council.10209

       (B)(1) Earnest moneys from the sale of real property pursuant 10210
to division (A) of this section shall be deposited into the 10211
department of job and family services building consolidation fund, 10212
which is hereby created in the state treasury. The balance of the 10213
purchase price shall be deposited into the department of job and 10214
family services building enhancement fund, which is hereby created 10215
in the state treasury. The building enhancement fund shall retain 10216
its own interest. Upon completion of the sale and the request of 10217
the director, the treasurer of state shall transfer the earnest 10218
moneys in the building consolidation fund into the building 10219
enhancement fund. The director shall use the interest earned on 10220
the moneys in the building enhancement fund only in accordance 10221
with division (C) of this section.10222

       (2) The director shall deposit sufficient moneys from the 10223
sale of real property pursuant to division (A) of this section 10224
into the unemployment compensation special administrative fund to 10225
reimburse the fund for all costs associated with the sale of that 10226
real property.10227

       (C) The director shall use the moneys in the building 10228
enhancement fund from the sale of real property pursuant to 10229
division (A) of this section, less the costs of the sale as 10230
specified in division (B)(2) of this section, in accordance with 10231
the provisions and requirements of the "Social Security Act," 49 10232
Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the 10233
instructions of the United States department of labor, to improve 10234
buildings owned by or under the control of the director. If the 10235
director determines that there are no buildings for which money in 10236
the building enhancement fund may be used, the money shall be 10237
returned to the United States department of labor.10238

       (D) The auditor of state, with the assistance of the attorney 10239
general, shall prepare a deed to the real property being sold upon 10240
notice from the director that a contract for the sale of that 10241
property has been executed in accordance with this section. The 10242
deed shall state the consideration and any conditions placed upon 10243
the sale. The deed shall be executed by the governor in the name 10244
of the state, countersigned by the secretary of state, sealed with 10245
the great seal of the state, presented in the office of the 10246
auditor of state for recording, and delivered to the buyer upon 10247
payment of the balance of the purchase price.10248

       The buyer shall present the deed for recording in the county 10249
recorder's office of the county in which the real property is 10250
located.10251

       Sec. 4141.20.  (A) Every employer, including those not 10252
otherwise subject to this chapter, shall furnish the director of 10253
job and family services upon request all information required by 10254
the director to carry out the requirements of this chapter. Every 10255
employer receiving from the director any blank with direction to 10256
fill it out shall cause it to be properly filled out, in the 10257
manner prescribed by the director, so as to answer fully and 10258
correctly all questions therein propounded, and shall furnish all 10259
the information therein sought, or, if unable to do so, that 10260
employer shall give the director in writing good and sufficient 10261
reason for such failure.10262

       The director may require that such information be verified 10263
under oath and returned to the director within the period fixed by 10264
the director or by law. The director or any person employed by the 10265
director for that purpose may examine under oath any such 10266
employer, or the officer, agent, or employee of that employer, for 10267
the purpose of ascertaining any information that the employer is 10268
required by this chapter to furnish to the director. Any employer 10269
who fails to furnish information as is required by the director 10270
under authority of this section shall forfeit five hundred dollars 10271
to be collected in a civil action brought against the employer in 10272
the name of the state.10273

       (B) Effective with the calendar quarter beginning April 1, 10274
1987, every contributory employer shall file a quarterly 10275
contribution report and a quarterly report of wages. The quarterly 10276
reports shall be filed no later than the last day of the first 10277
month following the close of the calendar quarter for which the 10278
quarterly reports are being filed. The employer shall enter on the 10279
quarterly contribution report the total and taxable remuneration 10280
paid to all employees during the quarter. The employer shall enter 10281
on the quarterly report of wages the name and social security 10282
number of each individual employed during the calendar quarter, 10283
the total remuneration paid the individual, the number of weeks 10284
during the quarter for which the individual was paid remuneration, 10285
and any other information as required by section 1137 of the 10286
"Social Security Act."10287

       Effective until the calendar quarter beginning January 1, 10288
1993, in case of failure to file the quarterly contribution report 10289
or the report of wages containing all the required contribution 10290
and wage information within the time prescribed by this section, 10291
there shall be assessed a forfeiture amounting to ten per cent of 10292
the contributions due; provided such forfeiture shall not be less 10293
than twenty-five nor more than two hundred fifty dollars. The 10294
director may waive the forfeiture only with respect to the report 10295
of wages, and the waiver may be approved only if the employer 10296
shows good cause for failure to file the required information.10297

       Effective with the calendar quarter beginning January 1, 10298
1993, in case of failure to file the quarterly contribution report 10299
containing all the required information within the time prescribed 10300
by this section, there shall be assessed a forfeiture amounting to 10301
twenty-five one-hundredths of one per cent of the total 10302
remuneration paid by the employer, provided such forfeiture shall 10303
not be less than thirty nor more than five hundred dollars per 10304
quarterly contribution report. The director may waive the 10305
forfeiture only if the employer provides to the director a written 10306
statement showing good cause for failure to file the required 10307
quarterly contribution report.10308

       Effective with the calendar quarter beginning January 1, 10309
1993, in case of failure to file the quarterly report of wages 10310
containing all the required information within the time prescribed 10311
by this section, there shall be assessed a forfeiture amounting to 10312
twenty-five one-hundredths of one per cent of the total 10313
remuneration paid by the employer, provided such forfeiture shall 10314
be not less than thirty nor more than five hundred dollars per 10315
quarterly report of wages. The director may waive the forfeiture 10316
only if the employer provides to the director a written statement 10317
showing good cause for failure to file the required quarterly 10318
report of wages.10319

       (C) Effective with the calendar quarter beginning April 1, 10320
1987, every employer liable for payments in lieu of contributions 10321
shall file a quarterly payroll report and a quarterly report of 10322
wages. The employer shall file the quarterly reports no later than 10323
the last day of the first month following the close of the 10324
calendar quarter for which the quarterly reports are being filed. 10325
The employer shall enter on the quarterly payroll report the total 10326
remuneration paid to all employees during the quarter and the 10327
total wages that would have been taxable had the employer been 10328
subject to contributions. The employer shall enter on the 10329
quarterly report of wages the name and social security number of 10330
each individual employed during the calendar quarter, the total 10331
remuneration paid the individual, the number of weeks during the 10332
quarter for which the individual was paid remuneration, and any 10333
other information as required by section 1137 of the "Social 10334
Security Act."10335

       Effective until the calendar quarter beginning January 1, 10336
1993, in case of failure to file the quarterly payroll report or 10337
the report of wages containing all of the required payroll or wage 10338
information within the time prescribed by this section, the 10339
employer shall be assessed a forfeiture of twenty-five dollars per 10340
report. The director may waive the forfeiture only with respect to 10341
the report of wages, and such waiver may be approved only if the 10342
employer shows good cause for failure to file the required 10343
information.10344

       Effective with the calendar quarter beginning January 1, 10345
1993, in case of failure to file the quarterly payroll report 10346
containing all the required wage information within the time 10347
prescribed by this section, the employer shall be assessed a 10348
forfeiture amounting to twenty-five one-hundredths of one per cent 10349
of the total remuneration paid by the employer, provided such 10350
forfeiture shall not be less than thirty nor more than five 10351
hundred dollars per quarterly payroll report. The director may 10352
waive the forfeiture only if the employer provides to the director 10353
a written statement showing good cause for failure to file the 10354
required quarterly payroll report.10355

       Effective with the calendar quarter beginning January 1, 10356
1993, in case of failure to file the quarterly report of wages 10357
containing all the required information within the time prescribed 10358
by this section, there shall be assessed a forfeiture amounting to 10359
twenty-five one-hundredths of one per cent of the total 10360
remuneration paid by the employer, provided such forfeiture shall 10361
be not less than thirty nor more than five hundred dollars per 10362
quarterly report of wages. The director may waive the forfeiture 10363
only if the employer provides to the director a written statement 10364
showing good cause for failure to file the required quarterly 10365
report of wages.10366

       (D) Effective with the calendar quarter beginning January 1, 10367
2002, everyEvery contributory employer shall file a quarterly 10368
contribution and wage report. The quarterly report shall be filed 10369
not later than the last day of the first month following the close 10370
of the calendar quarter for which the quarterly report is being 10371
filed. The employer shall enter on the quarterly report the total 10372
and taxable remuneration paid to all employees during the quarter, 10373
the name and social security number of each individual employed 10374
during the calendar quarter, the total remuneration paid the 10375
individual, the number of weeks during the quarter for which the 10376
individual was paid remuneration, and any other information as 10377
required by section 1137 of the "Social Security Act."10378

       Effective with the calendar quarter beginning January 1, 10379
2002, inIn case of failure to properly file the quarterly 10380
contribution and wage report containing all the required 10381
contribution and wage information within the time prescribed by 10382
this section, the director shall assess a forfeiture amounting to 10383
twenty-five one-hundredths of one per cent of the total 10384
remuneration reported by the employer, provided such forfeiture 10385
shall not be less than fifty nor more than one thousand dollars.10386

       (E) Effective with the calendar quarter beginning January 1, 10387
2002, every(C) Every employer liable for payments in lieu of 10388
contributions shall file a quarterly payroll and wage report. The 10389
quarterly report shall be filed not later than the last day of the 10390
first month following the close of the calendar quarter for which 10391
the quarterly report is being filed. The employer shall enter on 10392
the quarterly report the total remuneration paid to all employees 10393
during the quarter, the total wages that would have been taxable 10394
had the employer been subject to contributions, the name and 10395
social security number of each individual employed during the 10396
calendar quarter, the total remuneration paid the individual, the 10397
number of weeks during the quarter for which the individual was 10398
paid remuneration, and any other information as required by 10399
section 1137 of the "Social Security Act."10400

       Effective with the calendar quarter beginning January 1, 10401
2002, inIn case of failure to properly file the quarterly payroll 10402
and wage report containing all the required payroll and wage 10403
information within the time prescribed by this section, the 10404
director shall assess a forfeiture amounting to twenty-five 10405
one-hundredths of one per cent of the total remuneration reported 10406
by the employer, provided such forfeiture shall not be less than 10407
fifty nor more than one thousand dollars.10408

       (F)(D) The director may waive a forfeiture assessed under 10409
division (D)(B) or (E)(C) of this section if the employer provides 10410
to the director, within four years after the date the forfeiture 10411
was assessed, a written statement showing good cause for failure 10412
to properly file the required information.10413

       (G)(E) The director shall furnish the form or forms on which 10414
quarterly reports required under this section are to be submitted, 10415
or the employer may use other methods of reporting, including 10416
electronic information transmission methods, as approved by the 10417
director.10418

       (H)(F) All forfeitures required by this section shall be paid 10419
into the unemployment compensation special administrative fund as 10420
provided in section 4141.11 of the Revised Code.10421

       Sec. 4141.25.  (A) The director of job and family services 10422
shall determine as of each computation date the contribution rate 10423
of each contributing employer subject to this chapter for the next 10424
succeeding contribution period. The director shall determine a 10425
standard rate of contribution or an experience rate for each 10426
contributing employer. Once a rate of contribution has been 10427
established under this section for a contribution period, except 10428
as provided in division (D) of section 4141.26 of the Revised 10429
Code, that rate shall remain effective throughout such 10430
contribution period. The rate of contribution shall be determined 10431
in accordance with the following requirements:10432

       (1) An employer whose experience does not meet the terms of 10433
division (A)(2) of this section shall be assigned a standard rate 10434
of contribution. Effective for contribution periods beginning on 10435
and after January 1, 1998, an employer's standard rate of 10436
contribution shall be a rate of two and seven-tenths per cent, 10437
except that the rate for employers engaged in the construction 10438
industry shall be the average contribution rate computed for the 10439
construction industry or a rate of two and seven-tenths per cent, 10440
whichever is greater. The standard rate set forth in this division 10441
shall be applicable to a nonprofit organization whose election to 10442
make payments in lieu of contributions is voluntarily terminated 10443
or canceled by the director under section 4141.241 of the Revised 10444
Code, and thereafter pays contributions as required by this 10445
section. If such nonprofit organization had been a contributory 10446
employer prior to its election to make payments in lieu of 10447
contributions, then any prior balance in the contributory account 10448
shall become part of the reactivated account.10449

       As used in division (A) of this section, "the average 10450
contribution rate computed for the construction industry" means 10451
the most recent annual average rate attributable to the 10452
construction industry as prescribed by the director.10453

       (2) A contributing employer subject to this chapter shall 10454
qualify for an experience rate only if there have been four 10455
consecutive quarters, ending on the thirtieth day of June 10456
immediately prior to the computation date, throughout which the 10457
employer's account was chargeable with benefits. Upon meeting the 10458
qualifying requirements provided in division (A)(2) of this 10459
section, the director shall calculate the total credits to each 10460
employer's account consisting of the contributions other than 10461
mutualized contributions including all contributions paid prior to 10462
the computation date for all past periods plus:10463

       (a) The contributions owing on the computation date that are 10464
paid within thirty days after the computation date, and credited 10465
to the employer's account;10466

       (b) All voluntary contributions paid by an employer pursuant 10467
to division (B) of section 4141.24 of the Revised Code.10468

       (3) The director also shall determine the benefits which are 10469
chargeable to each employer's account and which were paid prior to 10470
the computation date with respect to weeks of unemployment ending 10471
prior to the computation date. The director then shall determine 10472
the positive or negative balance of each employer's account by 10473
calculating the excess of such contributions and interest over the 10474
benefits chargeable, or the excess of such benefits over such 10475
contributions and interest. Any resulting negative balance then 10476
shall be subject to adjustment as provided in division (A)(2) of 10477
section 4141.24 of the Revised Code after which the positive or 10478
negative balance shall be expressed in terms of a percentage of 10479
the employer's average annual payroll. If the total standing to 10480
the credit of an employer's account exceeds the total charges, as 10481
provided in this division, the employer has a positive balance and 10482
if such charges exceed such credits the employer has a negative 10483
balance. Each employer's contribution rate shall then be 10484
determined in accordance with the following schedule:10485

Contribution Rate Schedule
10486

If, as of the computation date The employer's 10487
the contribution rate balance of contribution rate for 10488
an employer's account as a the next succeeding 10489
percentage of the employer's contribution period 10490
average annual payroll is shall be 10491
(a) A negative balance of: 10492
20.0% or more 6.5% 10493
19.0% but less than 20.0% 6.4% 10494
17.0% but less than 19.0% 6.3% 10495
15.0% but less than 17.0% 6.2% 10496
13.0% but less than 15.0% 6.1% 10497
11.0% but less than 13.0% 6.0% 10498
9.0% but less than 11.0% 5.9% 10499
5.0% but less than 9.0% 5.7% 10500
4.0% but less than 5.0% 5.5% 10501
3.0% but less than 4.0% 5.3% 10502
2.0% but less than 3.0% 5.1% 10503
1.0% but less than 2.0% 4.9% 10504
more than 0.0% but less than 1.0% 4.8% 10505
(b) A 0.0% or a positive 10506
balance of less than 1.0% 4.7% 10507
(c) A positive balance of: 10508
1.0% or more, but less than 1.5% 4.6% 10509
1.5% or more, but less than 2.0% 4.5% 10510
2.0% or more, but less than 2.5% 4.3% 10511
2.5% or more, but less than 3.0% 4.0% 10512
3.0% or more, but less than 3.5% 3.8% 10513
3.5% or more, but less than 4.0% 3.5% 10514
4.0% or more, but less than 4.5% 3.3% 10515
4.5% or more, but less than 5.0% 3.0% 10516
5.0% or more, but less than 5.5% 2.8% 10517
5.5% or more, but less than 6.0% 2.5% 10518
6.0% or more, but less than 6.5% 2.2% 10519
6.5% or more, but less than 7.0% 2.0% 10520
7.0% or more, but less than 7.5% 1.8% 10521
7.5% or more, but less than 8.0% 1.6% 10522
8.0% or more, but less than 8.5% 1.4% 10523
8.5% or more, but less than 9.0% 1.3% 10524
9.0% or more, but less than 9.5% 1.1% 10525
9.5% or more, but less than 10.0% 1.0% 10526
10.0% or more, but less than 10.5% .9% 10527
10.5% or more, but less than 11.0% .7% 10528
11.0% or more, but less than 11.5% .6% 10529
11.5% or more, but less than 12.0% .5% 10530
12.0% or more, but less than 12.5% .4% 10531
12.5% or more, but less than 13.0% .3% 10532
13.0% or more, but less than 14.0% .2% 10533
14.0% or more .1% 10534

       (d) The contribution rates shall be as specified in divisions 10535
(a), (b), and (c) of the contribution rate schedule except that 10536
notwithstanding the amendments made to division (a) of the 10537
contribution rate schedule in this section, if, as of the 10538
computation date: for 1991, the negative balance is 5.0% or more, 10539
the contribution rate shall be 5.7%; for 1992, if the negative 10540
balance is 11.0% or more, the contribution rate shall be 6.0%; and 10541
for 1993, if the negative balance is 17.0% or more, the 10542
contribution rate shall be 6.3%. Thereafter, the contribution 10543
rates shall be as specified in the contribution rate schedule.10544

       (B)(1) The director shall establish and maintain a separate 10545
account to be known as the "mutualized account." As of each 10546
computation date there shall be charged to this account:10547

       (a) As provided in division (A)(2) of section 4141.24 of the 10548
Revised Code, an amount equal to the sum of that portion of the 10549
negative balances of employer accounts which exceeds the 10550
applicable limitations as such balances are computed under 10551
division (A) of this section as of such date;10552

       (b) An amount equal to the sum of the negative balances 10553
remaining in employer accounts which have been closed during the 10554
year immediately preceding such computation date pursuant to 10555
division (E) of section 4141.24 of the Revised Code;10556

       (c) An amount equal to the sum of all benefits improperly 10557
paid preceding such computation date which are not recovered but 10558
which are not charged to an employer's account, or which after 10559
being charged, are credited back to an employer's account;10560

       (d) An amount equal to the sum of any other benefits paid 10561
preceding such computation date which, under this chapter, are not 10562
chargeable to an employer's account;10563

       (e) An amount equal to the sum of any refunds made during the 10564
year immediately preceding such computation date of erroneously 10565
collected mutualized contributions required by this division which 10566
were previously credited to this account;10567

       (f) An amount equal to the sum of any repayments made to the 10568
federal government during the year immediately preceding such 10569
computation date of amounts which may have been advanced by it to 10570
the unemployment compensation fund under section 1201 of the 10571
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;10572

       (g) Any amounts appropriated by the general assembly out of 10573
funds paid by the federal government, under section 903 of the 10574
"Social Security Act," to the account of this state in the federal 10575
unemployment trust fund.10576

       (2) As of every computation date there shall be credited to 10577
the mutualized account provided for in this division:10578

       (a) The proceeds of the mutualized contributions as provided 10579
in this division;10580

       (b) Any positive balances remaining in employer accounts 10581
which are closed as provided in division (E) of section 4141.24 of 10582
the Revised Code;10583

       (c) Any benefits improperly paid which are recovered but 10584
which cannot be credited to an employer's account;10585

       (d) All amounts which may be paid by the federal government 10586
under section 903 of the "Social Security Act" to the account of 10587
this state in the federal unemployment trust fund;10588

       (e) Amounts advanced by the federal government to the account 10589
of this state in the federal unemployment trust fund under section 10590
1201 of the "Social Security Act" to the extent such advances have 10591
been repaid to or recovered by the federal government;10592

       (f) Interest credited to the Ohio unemployment trust fund as 10593
deposited with the secretary of the treasury of the United States;10594

       (g) Amounts deposited into the unemployment compensation fund 10595
for penalties collected pursuant to division (A)(4) of section 10596
4141.35 of the Revised Code.10597

       (3) Annually, as of the computation date, the director shall 10598
determine the total credits and charges made to the mutualized 10599
account during the preceding twelve months and the overall 10600
condition of the account. The director shall issue an annual 10601
statement containing this information and such other information 10602
as the director deems pertinent, including a report that the sum 10603
of the balances in the mutualized account, employers' accounts, 10604
and any subsidiary accounts equal the balance in the state's 10605
unemployment trust fund maintained under section 904 of the 10606
"Social Security Act."10607

       (4) As used in this division:10608

       (a) "Fund as of the computation date" means as of any 10609
computation date, the aggregate amount of the unemployment 10610
compensation fund, including all contributions owing on the 10611
computation date that are paid within thirty days thereafter, all 10612
payments in lieu of contributions that are paid within sixty days 10613
after the computation date, all reimbursements of the federal 10614
share of extended benefits described in section 4141.301 of the 10615
Revised Code that are owing on the computation date, and all 10616
interest earned by the fund and received on or before the 10617
computation date from the federal government.10618

       (b) "Minimum safe level" means an amount equal to two 10619
standard deviations above the average of the adjusted annual 10620
average unemployment compensation benefit payment from 1970 to the 10621
most recent calendar year prior to the computation date, as 10622
determined by the director pursuant to division (B)(4)(b) of this 10623
section. To determine the adjusted annual payment of unemployment 10624
compensation benefits, the director first shall multiply the 10625
number of weeks compensated during each calendar year beginning 10626
with 1970 by the most recent annual average weekly unemployment 10627
compensation benefit payment and then compute the average and 10628
standard deviation of the resultant products.10629

       (c) "Annual average weekly unemployment compensation benefit 10630
payment" means the amount resulting from dividing the unemployment 10631
compensation benefits paid from the benefit account maintained 10632
within the unemployment compensation fund pursuant to section 10633
4141.09 of the Revised Code, by the number of weeks compensated 10634
during the same time period.10635

       (5) If, as of any computation date, the charges to the 10636
mutualized account during the entire period subsequent to the 10637
computation date, July 1, 1966, made in accordance with division 10638
(B)(1) of this section, exceed the credits to such account 10639
including mutualized contributions during such period, made in 10640
accordance with division (B)(2) of this section, the amount of 10641
such excess charges shall be recovered during the next 10642
contribution period. To recover such amount, the director shall 10643
compute the percentage ratio of such excess charges to the average 10644
annual payroll of all employers eligible for an experience rate 10645
under division (A) of this section. The percentage so determined 10646
shall be computed to the nearest tenth of one per cent and shall 10647
be an additional contribution rate to be applied to the wages paid 10648
by each employer whose rate is computed under the provisions of 10649
division (A) of this section in the contribution period next 10650
following such computation date, but such percentage shall not 10651
exceed five-tenths of one per cent; however, when there are any 10652
excess charges in the mutualized account, as computed in this 10653
division, then the mutualized contribution rate shall not be less 10654
than one-tenth of one per cent.10655

       (6) If the fund as of the computation date is above or below 10656
minimum safe level, the contribution rates provided for in each 10657
classification in division (A)(3) of this section for the next 10658
contribution period shall be adjusted as follows:10659

       (a) If the fund is thirty per cent or more above minimum safe 10660
level, the contribution rates provided in division (A)(3) of this 10661
section shall be decreased two-tenths of one per cent.10662

       (b) If the fund is more than fifteen per cent but less than 10663
thirty per cent above minimum safe level, the contribution rates 10664
provided in division (A)(3) of this section shall be decreased 10665
one-tenth of one per cent.10666

       (c) If the fund is more than fifteen per cent but less than 10667
thirty per cent below minimum safe level, the contribution rates 10668
of all employers shall be increased twenty-five one-thousandths of 10669
one per cent plus a per cent increase calculated and rounded 10670
pursuant to division (B)(6)(g) of this section.10671

       (d) If the fund is more than thirty per cent but less than 10672
forty-five per cent below minimum safe level, the contribution 10673
rates of all employers shall be increased seventy-five 10674
one-thousandths of one per cent plus a per cent increase 10675
calculated and rounded pursuant to division (B)(6)(g) of this 10676
section.10677

       (e) If the fund is more than forty-five per cent but less 10678
than sixty per cent below minimum safe level, the contribution 10679
rates of all employers shall be increased one-eighth of one per 10680
cent plus a per cent increase calculated and rounded pursuant to 10681
division (B)(6)(g) of this section.10682

       (f) If the fund is sixty per cent or more below minimum safe 10683
level, the contribution rates of all employers shall be increased 10684
two-tenths of one per cent plus a per cent increase calculated and 10685
rounded pursuant to division (B)(6)(g) of this section.10686

       (g) The additional per cent increase in contribution rates 10687
required by divisions (B)(6)(c), (d), (e), and (f) of this section 10688
that is payable by each individual employer shall be calculated in 10689
the following manner. The flat rate increase required by a 10690
particular division shall be multiplied by three and the product 10691
divided by the average experienced-rated contribution rate for all 10692
employers as determined by the director for the most recent 10693
calendar year. The resulting quotient shall be multiplied by an 10694
individual employer's contribution rate determined pursuant to 10695
division (A)(3) of this section. The resulting product shall be 10696
rounded to the nearest tenth of one per cent, added to the flat 10697
rate increase required by division (B)(6)(c), (d), (e), or (f) of 10698
this section, as appropriate, and the total shall be rounded to 10699
the nearest tenth of one per cent. As used in division (B)(6)(g) 10700
of this section, the "average experienced-rated contribution rate" 10701
means the most recent annual average contribution rate reported by 10702
the director contained in report RS 203.2 less the mutualized and 10703
minimum safe level contribution rates included in such rate.10704

       (h) If any of the increased contribution rates of division 10705
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate 10706
shall remain in effect for the calendar year in which it is 10707
imposed and for each calendar year thereafter until the director 10708
determines as of the computation date for calendar year 1991 and 10709
as of the computation date for any calendar year thereafter 10710
pursuant to this section, that the level of the unemployment 10711
compensation fund equals or exceeds the minimum safe level as 10712
defined in division (B)(4)(b) of this section. Nothing in division 10713
(B)(6)(h) of this section shall be construed as restricting the 10714
imposition of the increased contribution rates provided in 10715
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund 10716
falls below the percentage of the minimum safe level as specified 10717
in those divisions.10718

       (7) The additional contributions required by division (B)(5) 10719
of this section shall be credited to the mutualized account. The 10720
additional contributions required by division (B)(6) of this 10721
section shall be credited fifty per cent to individual employer 10722
accounts and fifty per cent to the mutualized account.10723

       (C) If an employer makes a payment of contributions which is 10724
less than the full amount required by this section and sections 10725
4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, and 10726
4141.27 of the Revised Code, such partial payment shall be applied 10727
first against the mutualized contributions required under this 10728
chapter. Any remaining partial payment shall be credited to the 10729
employer's individual account.10730

       (D) Whenever there are any increases in contributions 10731
resulting from an increase in wages subject to contributions as 10732
defined in division (G) of section 4141.01 of the Revised Code, or 10733
from an increase in the mutualized rate of contributions provided 10734
in division (B) of this section, or from a revision of the 10735
contribution rate schedule provided in division (A) of this 10736
section, except for that portion of the increase attributable to a 10737
change in the positive or negative balance in an employer's 10738
account, which increases become effective after a contract for the 10739
construction of real property, as defined in section 5701.02 of 10740
the Revised Code, has been entered into, the contractee upon 10741
written notice by a prime contractor shall reimburse the 10742
contractor for all increased contributions paid by the prime 10743
contractor or by subcontractors upon wages for services performed 10744
under the contract. Upon reimbursement by the contractee to the 10745
prime contractor, the prime contractor shall reimburse each 10746
subcontractor for the increased contributions.10747

       (E) Effective only for the contribution period beginning on 10748
January 1, 1996, and ending on December 31, 1996, mutualized 10749
contributions collected or received by the director pursuant to 10750
division (B)(5) of this section and amounts credited to the 10751
mutualized account pursuant to division (B)(7) of this section 10752
shall be deposited into or credited to the unemployment 10753
compensation benefit reserve fund that is created under division 10754
(F) of this section, except that amounts collected, received, or 10755
credited in excess of two hundred million dollars shall be 10756
deposited into or credited to the unemployment trust fund 10757
established pursuant to section 4141.09 of the Revised Code.10758

       (F) The state unemployment compensation benefit reserve fund 10759
is hereby created as a trust fund in the custody of the treasurer 10760
of state and shall not be part of the state treasury. The fund 10761
shall consist of all moneys collected or received as mutualized 10762
contributions pursuant to division (B)(5) of this section and 10763
amounts credited to the mutualized account pursuant to division 10764
(B)(7) of this section as provided by division (E) of this 10765
section. All moneys in the fund shall be used solely to pay 10766
unemployment compensation benefits in the event that funds are no 10767
longer available for that purpose from the unemployment trust fund 10768
established pursuant to section 4141.09 of the Revised Code.10769

       (G) The balance in the unemployment compensation benefit 10770
reserve fund remaining at the end of the contribution period 10771
beginning January 1, 2000, and any mutualized contribution amounts 10772
for the contribution period beginning on January 1, 1996, that may 10773
be received after December 31, 2000, shall be deposited into the 10774
unemployment trust fund established pursuant to section 4141.09 of 10775
the Revised Code. Income earned on moneys in the state 10776
unemployment compensation benefit reserve fund shall be available 10777
for use by the director only for the purposes described in 10778
division (I) of this section, and shall not be used for any other 10779
purpose.10780

       (H) The unemployment compensation benefit reserve fund 10781
balance shall be added to the unemployment trust fund balance in 10782
determining the minimum safe level tax to be imposed pursuant to 10783
division (B) of this section and shall be included in the 10784
mutualized account balance for the purpose of determining the 10785
mutualized contribution rate pursuant to division (B)(5) of this 10786
section.10787

       (I) All income earned on moneys in the unemployment 10788
compensation benefit reserve fund from the investment of the fund 10789
by the treasurer of state shall accrue to the department of job 10790
and family services automation administration fund, which is 10791
hereby established in the state treasury. Moneys within the 10792
automation administration fund shall be used to meet the costs 10793
related to automation of the department and the administrative 10794
costs related to collecting and accounting for unemployment 10795
compensation benefit reserve fund revenue. Any funds remaining in 10796
the automation administration fund upon completion of the 10797
department's automation projects that are funded by that fund 10798
shall be deposited into the unemployment trust fund established 10799
pursuant to section 4141.09 of the Revised Code.10800

       (J) The director shall prepare and submit monthly reports to 10801
the unemployment compensation advisory commission with respect to 10802
the status of efforts to collect and account for unemployment 10803
compensation benefit reserve fund revenue and the costs related to 10804
collecting and accounting for that revenue. The director shall 10805
obtain approval from the unemployment compensation advisory 10806
commission for expenditure of funds from the department of job and 10807
family services automation administration fund. Funds may be 10808
approved for expenditure for purposes set forth in division (I) of 10809
this section only to the extent that federal or other funds are 10810
not available.10811

       Sec. 4141.26.  (A) As soon as practicable after the first day 10812
of September but not later than the first day of December of each 10813
year, the director of job and family services shall notify each 10814
employer of the employer's contribution rate as determined for the 10815
next ensuing contribution period pursuant to section 4141.25 of 10816
the Revised Code provided the employer has furnished the director, 10817
by the first day of September following the computation date, with 10818
the wage information for all past periods necessary for the 10819
computation of the contribution rate.10820

       (B)(1) If an employer has not timely furnished the necessary 10821
wage information as required by division (A) of this section, the 10822
employer's contribution rate for such contribution period shall 10823
not be computed as provided in section 4141.25 of the Revised 10824
Code, but instead the employer shall be assigned a contribution 10825
rate equal to one hundred twenty-five per cent of the maximum rate 10826
provided in that section, with the following exceptions:10827

       (1)(a) If the employer files the necessary wage information 10828
by the thirty-first day of December of the year immediately 10829
preceding the contribution period for which the rate is to be 10830
effective, the employer's rate shall be computed as provided in 10831
division (A) of section 4141.25 of the Revised Code.10832

       (2)(b) The director shall revise the contribution rate of an 10833
employer who has not timely furnished the necessary wage 10834
information as required by division (A) of this section, who has 10835
been assigned a contribution rate pursuant to division (B) of this 10836
section, and who does not meet the requirements of division 10837
(B)(1)(a) of this section, if the employer furnishes the necessary 10838
wage information to the director within eighteen months following 10839
the thirty-first day of December of the year immediately preceding 10840
the contribution period for which the rate is to be effective. The 10841
revised rate under division (B)(2)(1)(b) of this section shall be 10842
equal to one hundred twenty per cent of the contribution rate that 10843
would have resulted if the employer had timely furnished the 10844
necessary wage information under division (A) of this section.10845

       (c) The director may waive the maximum contribution rate 10846
assigned pursuant to division (B) of this section if the failure 10847
to timely furnish the wage information as required by division (A) 10848
of this section was a result of circumstances beyond the control 10849
of the employer or the employer's agent.10850

       (2) The director shall deny an employer's request for a 10851
revision of the employer's rate as provided in division 10852
(B)(2)(1)(b) of this section if the director finds that the 10853
employer's failure to timely file the necessary wage information 10854
was due to an attempt to evade payment.10855

       (3) The director shall round the contribution rates the 10856
director determines under division (B) of this section to the 10857
nearest tenth of one per cent.10858

       (4) The director shall adopt rules to prescribe requirements 10859
and procedures for requesting a waiver of the maximum contribution 10860
rate under division (B)(1)(c) of this section.10861

       (C) If, as a result of the computation pursuant to division 10862
(B) of this section, the employer's account shows a negative 10863
balance in excess of the applicable limitations, in that 10864
computation, the excess above applicable limitations shall not be 10865
transferred from the account as provided in division (A)(2) of 10866
section 4141.24 of the Revised Code.10867

       (D) The rate determined pursuant to this section and section 10868
4141.25 of the Revised Code shall become binding upon the employer 10869
unless:10870

       (1) The employer makes a voluntary contribution as provided 10871
in division (B) of section 4141.24 of the Revised Code, whereupon 10872
the director shall issue the employer a revised contribution rate 10873
notice if the contribution changes the employer's rate; or10874

       (2) Within thirty days after the mailing of notice of the 10875
employer's rate or a revision of it to the employer's last known 10876
address or, in the absence of mailing of such notice, within 10877
thirty days after the delivery of such notice, the employer files 10878
an application with the director for reconsideration of the 10879
director's determination of such rate setting forth reasons for 10880
such request. The director shall promptly examine the application 10881
for reconsideration and shall notify the employer of the 10882
director's reconsidered decision, which shall become final unless, 10883
within thirty days after the mailing of such notice by certified 10884
mail, return receipt requested, the employer files an application 10885
for review of such decision with the unemployment compensation 10886
review commission. The commission shall promptly examine the 10887
application for review of the director's decision and shall grant 10888
such employer an opportunity for a fair hearing. The proceeding at 10889
the hearing before the commission shall be recorded in the means 10890
and manner prescribed by the commission. For the purposes of this 10891
division, the review is considered timely filed when it has been 10892
received as provided in division (D)(1) of section 4141.281 of the 10893
Revised Code.10894

       The employer and the director shall be promptly notified of 10895
the commission's decision, which shall become final unless, within 10896
thirty days after the mailing of notice of it to the employer's 10897
last known address by certified mail, return receipt requested, 10898
or, in the absence of mailing, within thirty days after delivery 10899
of such notice, an appeal is taken by the employer or the director 10900
to the court of common pleas of Franklin county. Such appeal shall 10901
be taken by the employer or the director by filing a notice of 10902
appeal with the clerk of such court and with the commission. Such 10903
notice of appeal shall set forth the decision appealed and the 10904
errors in it complained of. Proof of the filing of such notice 10905
with the commission shall be filed with the clerk of such court.10906

       The commission, upon written demand filed by the appellant 10907
and within thirty days after the filing of such demand, shall file 10908
with the clerk a certified transcript of the record of the 10909
proceedings before the commission pertaining to the determination 10910
or order complained of, and the appeal shall be heard upon such 10911
record certified to the commission. In such appeal, no additional 10912
evidence shall be received by the court, but the court may order 10913
additional evidence to be taken before the commission, and the 10914
commission, after hearing such additional evidence, shall certify 10915
such additional evidence to the court or it may modify its 10916
determination and file such modified determination, together with 10917
the transcript of the additional record, with the court. After an 10918
appeal has been filed in the court, the commission, by petition, 10919
may be made a party to such appeal. Such appeal shall be given 10920
precedence over other civil cases. The court may affirm the 10921
determination or order complained of in the appeal if it finds, 10922
upon consideration of the entire record, that the determination or 10923
order is supported by reliable, probative, and substantial 10924
evidence and is in accordance with law. In the absence of such a 10925
finding, it may reverse, vacate, or modify the determination or 10926
order or make such other ruling as is supported by reliable, 10927
probative, and substantial evidence and is in accordance with law. 10928
The judgment of the court shall be final and conclusive unless 10929
reversed, vacated, or modified on appeal. An appeal may be taken 10930
from the decision of the court of common pleas of Franklin county.10931

       (E) The appeal provisions of division (D) of this section 10932
apply to all other determinations and orders of the director 10933
affecting the liability of an employer to pay contributions or the 10934
amount of such contributions, determinations respecting 10935
application for refunds of contributions, determinations 10936
respecting applications for classification of employment as 10937
seasonal under section 4141.33 of the Revised Code, and exceptions 10938
to charges of benefits to an employer's account as provided in 10939
division (D) of section 4141.24 of the Revised Code.10940

       (F) The validity of any general order or rule of the director 10941
adopted pursuant to this chapter or of any final order or action 10942
of the unemployment compensation review commission respecting any 10943
such general order or rule may be determined by the court of 10944
common pleas of Franklin county, and such general order, rule, or 10945
action may be sustained or set aside by the court on an appeal to 10946
it which may be taken by any person affected by the order, rule, 10947
or action in the manner provided by law. Such appeal to the court 10948
of common pleas of Franklin county shall be filed within thirty 10949
days after the date such general order, rule, or action was 10950
publicly released by the director or the commission. Either party 10951
to such action may appeal from the court of common pleas of 10952
Franklin county as in ordinary civil cases.10953

       (G) Notwithstanding any determination made in pursuance of 10954
sections 4141.23 to 4141.26 of the Revised Code, no individual who 10955
files a claim for benefits shall be denied the right to a fair 10956
hearing as provided in section 4141.281 of the Revised Code, or 10957
the right to have a claim determined on the merits of it.10958

       (H)(1) Notwithstanding division (D) of this section, if the 10959
director finds that an omission or error in the director's records 10960
or employer reporting caused the director to issue an erroneous 10961
determination or order affecting contribution rates, the liability 10962
of an employer to pay contributions or the amount of such 10963
contributions, determinations respecting applications for refunds 10964
of contributions, determinations respecting applications for 10965
classification of seasonal status under section 4141.33 of the 10966
Revised Code, or exceptions to charges of benefits to an 10967
employer's account as provided in division (D) of section 4141.24 10968
of the Revised Code, the director may issue a corrected 10969
determination or order correcting the erroneous determination or 10970
order, except as provided in division (H)(2) of this section.10971

       (2) The director may not issue a corrected determination or 10972
order correcting an erroneous determination or order if both of 10973
the following apply:10974

       (a) The erroneous determination or order was caused solely by 10975
an omission or error of the director;10976

       (b) A correction of the erroneous determination or order 10977
would adversely affect the employer or any of the employers that 10978
were parties in interest to the erroneous determination or order.10979

       A corrected determination or order issued under this division 10980
takes precedence over and renders void the erroneous determination 10981
or order and is appealable as provided in division (D) of this 10982
section.10983

       Sec. 4141.35.  (A) If the director of job and family services 10984
finds that any fraudulent misrepresentation has been made by an 10985
applicant for or a recipient of benefits with the object of 10986
obtaining benefits to which the applicant or recipient was not 10987
entitled, and in addition to any other penalty or forfeiture under 10988
this chapter, then the director:10989

       (1) Shall within four years after the end of the benefit year 10990
in which the fraudulent misrepresentation was made reject or 10991
cancel such person's entire weekly claim for benefits that was 10992
fraudulently claimed, or the person's entire benefit rights if the 10993
misrepresentation was in connection with the filing of the 10994
claimant's application for determination of benefit rights;10995

       (2) Shall by order declare that, for each application for 10996
benefit rights and for each weekly claim canceled, such person 10997
shall be ineligible for two otherwise valid weekly claims for 10998
benefits, claimed within six years subsequent to the discovery of 10999
such misrepresentation;11000

       (3) By order shall require that the total amount of benefits 11001
rejected or canceled under division (A)(1) of this section be 11002
repaid to the director before such person may become eligible for 11003
further benefits, and shall withhold such unpaid sums from future 11004
benefit payments accruing and otherwise payable to such claimant. 11005
Effective with orders issued on or after January 1, 1993, if such 11006
benefits are not repaid within thirty days after the director's 11007
order becomes final, interest on the amount remaining unpaid shall 11008
be charged to the person at a rate and calculated in the same 11009
manner as provided under section 4141.23 of the Revised Code. When 11010
a person ordered to repay benefits has repaid all overpaid 11011
benefits according to a plan approved by the director, the 11012
director may cancel the amount of interest that accrued during the 11013
period of the repayment plan. The director may take action in any 11014
court of competent jurisdiction to collect benefits and interest 11015
as provided in sections 4141.23 and 4141.27 of the Revised Code, 11016
in regard to the collection of unpaid contributions, using the 11017
final repayment order as the basis for such action. Except as 11018
otherwise provided in this division, no administrative or legal 11019
proceedings for the collection of such benefits or interest due, 11020
or for the collection of a penalty under division (A)(4) of this 11021
section, shall be initiated after the expiration of six years from 11022
the date on which the director's order requiring repayment became 11023
final and the amount of any benefits, penalty, or interest not 11024
recovered at that time, and any liens thereon, shall be canceled 11025
as uncollectible. The time limit for instituting proceedings shall 11026
be extended by the period of any stay to the collection or by any 11027
other time period to which the parties mutually agree.11028

       (4) Shall, for findings made on or after October 21, 2013, by 11029
order assess a mandatory penalty on such a person in an amount 11030
equal to twenty-five per cent of the total amount of benefits 11031
rejected or canceled under division (A)(1) of this section. The 11032
first sixty per cent of each penalty collected under division 11033
(A)(4) of this section shall be deposited into the unemployment 11034
compensation fund created under section 4141.09 of the Revised 11035
Code, and theand shall be credited to the mutualized account, as 11036
provided in division (B)(2)(g) of section 4141.25 of the Revised 11037
Code. The remainder of each penalty collected shall be deposited 11038
into the unemployment compensation special administrative fund 11039
created under section 4141.11 of the Revised Code. 11040

       (5) May take action to collect benefits fraudulently obtained 11041
under the unemployment compensation law of any other state or the 11042
United States or Canada. Such action may be initiated in the 11043
courts of this state in the same manner as provided for unpaid 11044
contributions in section 4141.41 of the Revised Code.11045

       (6) May take action to collect benefits that have been 11046
fraudulently obtained from the director, interest pursuant to 11047
division (A)(3) of this section, and court costs, through 11048
attachment proceedings under Chapter 2715. of the Revised Code and 11049
garnishment proceedings under Chapter 2716. of the Revised Code.11050

       (B) If the director finds that an applicant for benefits has 11051
been credited with a waiting period or paid benefits to which the 11052
applicant was not entitled for reasons other than fraudulent 11053
misrepresentation, the director shall:11054

       (1)(a) Within six months after the determination under which 11055
the claimant was credited with that waiting period or paid 11056
benefits becomes final pursuant to section 4141.28 of the Revised 11057
Code, or within three years after the end of the benefit year in 11058
which such benefits were claimed, whichever is later, by order 11059
cancel such waiting period and require that such benefits be 11060
repaid to the director or be withheld from any benefits to which 11061
such applicant is or may become entitled before any additional 11062
benefits are paid, provided that the repayment or withholding 11063
shall not be required where the overpayment is the result of the 11064
director's correcting a prior decision due to a typographical or 11065
clerical error in the director's prior decision, or an error in an 11066
employer's report under division (G) of section 4141.28 of the 11067
Revised Code.11068

       (b) The limitation specified in division (B)(1)(a) of this 11069
section shall not apply to cases involving the retroactive payment 11070
of remuneration covering periods for which benefits were 11071
previously paid to the claimant. However, in such cases, the 11072
director's order requiring repayment shall not be issued unless 11073
the director is notified of such retroactive payment within six 11074
months from the date the retroactive payment was made to the 11075
claimant.11076

       (2) The director may, by reciprocal agreement with the United 11077
States secretary of labor or another state, recover overpayment 11078
amounts from unemployment benefits otherwise payable to an 11079
individual under Chapter 4141. of the Revised Code. Any 11080
overpayments made to the individual that have not previously been 11081
recovered under an unemployment benefit program of the United 11082
States may be recovered in accordance with section 303(g) of the 11083
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the 11084
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 11085
3301 to 3311.11086

       (3) If the amounts required to be repaid under division (B) 11087
of this section are not recovered within three years from the date 11088
the director's order requiring payment became final, initiate no 11089
further action to collect such benefits and the amount of any 11090
benefits not recovered at that time shall be canceled as 11091
uncollectible, provided that the time limit for collection shall 11092
be extended by the period of any stay to the collection or by any 11093
other time period to which the parties mutually agree.11094

       (C) The appeal provisions of sections 4141.281 and 4141.282 11095
of the Revised Code shall apply to all orders and determinations 11096
issued under this section, except that an individual's right of 11097
appeal under division (B)(2) of this section shall be limited to 11098
this state's authority to recover overpayment of benefits.11099

       (D) If an individual makes a full repayment or a repayment 11100
that is less than the full amount required by this section, the 11101
director shall apply the repayment to the mutualized account under 11102
division (B) of section 4141.25 of the Revised Code, except that 11103
the director shall credit the repayment to the accounts of the 11104
individual's base period employers that previously have not been 11105
credited for the amount of improperly paid benefits charged 11106
against their accounts based on the proportion of benefits charged 11107
against the accounts as determined pursuant to division (D) of 11108
section 4141.24 of the Revised Code.11109

       The director shall deposit any repayment collected under this 11110
section that the director determines to be payment of interest or 11111
court costs into the unemployment compensation special 11112
administrative fund established pursuant to section 4141.11 of the 11113
Revised Code.11114

       This division does not apply to federalany of the following:11115

       (1) Federal tax refund offsets under 31 C.F.R. 285.8;11116

       (2) Unclaimed fund recoveries under section 131.024 of the 11117
Revised Code;11118

        (3) Lottery award offsets under section 3770.073 of the 11119
Revised Code;11120

        (4) State tax refund offsets under section 5747.12 of the 11121
Revised Code.11122

       Sec. 4511.191.  (A)(1) As used in this section:11123

        (a) "Physical control" has the same meaning as in section 11124
4511.194 of the Revised Code.11125

       (b) "Alcohol monitoring device" means any device that 11126
provides for continuous alcohol monitoring, any ignition interlock 11127
device, any immobilizing or disabling device other than an 11128
ignition interlock device that is constantly available to monitor 11129
the concentration of alcohol in a person's system, or any other 11130
device that provides for the automatic testing and periodic 11131
reporting of alcohol consumption by a person and that a court 11132
orders a person to use as a sanction imposed as a result of the 11133
person's conviction of or plea of guilty to an offense.11134

       (2) Any person who operates a vehicle, streetcar, or 11135
trackless trolley upon a highway or any public or private property 11136
used by the public for vehicular travel or parking within this 11137
state or who is in physical control of a vehicle, streetcar, or 11138
trackless trolley shall be deemed to have given consent to a 11139
chemical test or tests of the person's whole blood, blood serum or 11140
plasma, breath, or urine to determine the alcohol, drug of abuse, 11141
controlled substance, metabolite of a controlled substance, or 11142
combination content of the person's whole blood, blood serum or 11143
plasma, breath, or urine if arrested for a violation of division 11144
(A) or (B) of section 4511.19 of the Revised Code, section 11145
4511.194 of the Revised Code or a substantially equivalent 11146
municipal ordinance, or a municipal OVI ordinance.11147

       (3) The chemical test or tests under division (A)(2) of this 11148
section shall be administered at the request of a law enforcement 11149
officer having reasonable grounds to believe the person was 11150
operating or in physical control of a vehicle, streetcar, or 11151
trackless trolley in violation of a division, section, or 11152
ordinance identified in division (A)(2) of this section. The law 11153
enforcement agency by which the officer is employed shall 11154
designate which of the tests shall be administered.11155

       (4) Any person who is dead or unconscious, or who otherwise 11156
is in a condition rendering the person incapable of refusal, shall 11157
be deemed to have consented as provided in division (A)(2) of this 11158
section, and the test or tests may be administered, subject to 11159
sections 313.12 to 313.16 of the Revised Code.11160

       (5)(a) If a law enforcement officer arrests a person for a 11161
violation of division (A) or (B) of section 4511.19 of the Revised 11162
Code, section 4511.194 of the Revised Code or a substantially 11163
equivalent municipal ordinance, or a municipal OVI ordinance and 11164
if the person if convicted would be required to be sentenced under 11165
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised 11166
Code, the law enforcement officer shall request the person to 11167
submit, and the person shall submit, to a chemical test or tests 11168
of the person's whole blood, blood serum or plasma, breath, or 11169
urine for the purpose of determining the alcohol, drug of abuse, 11170
controlled substance, metabolite of a controlled substance, or 11171
combination content of the person's whole blood, blood serum or 11172
plasma, breath, or urine. A law enforcement officer who makes a 11173
request pursuant to this division that a person submit to a 11174
chemical test or tests is not required to advise the person of the 11175
consequences of submitting to, or refusing to submit to, the test 11176
or tests and is not required to give the person the form described 11177
in division (B) of section 4511.192 of the Revised Code, but the 11178
officer shall advise the person at the time of the arrest that if 11179
the person refuses to take a chemical test the officer may employ 11180
whatever reasonable means are necessary to ensure that the person 11181
submits to a chemical test of the person's whole blood or blood 11182
serum or plasma. The officer shall also advise the person at the 11183
time of the arrest that the person may have an independent 11184
chemical test taken at the person's own expense. Divisions (A)(3) 11185
and (4) of this section apply to the administration of a chemical 11186
test or tests pursuant to this division.11187

       (b) If a person refuses to submit to a chemical test upon a 11188
request made pursuant to division (A)(5)(a) of this section, the 11189
law enforcement officer who made the request may employ whatever 11190
reasonable means are necessary to ensure that the person submits 11191
to a chemical test of the person's whole blood or blood serum or 11192
plasma. A law enforcement officer who acts pursuant to this 11193
division to ensure that a person submits to a chemical test of the 11194
person's whole blood or blood serum or plasma is immune from 11195
criminal and civil liability based upon a claim for assault and 11196
battery or any other claim for the acts, unless the officer so 11197
acted with malicious purpose, in bad faith, or in a wanton or 11198
reckless manner.11199

       (B)(1) Upon receipt of the sworn report of a law enforcement 11200
officer who arrested a person for a violation of division (A) or 11201
(B) of section 4511.19 of the Revised Code, section 4511.194 of 11202
the Revised Code or a substantially equivalent municipal 11203
ordinance, or a municipal OVI ordinance that was completed and 11204
sent to the registrar of motor vehicles and a court pursuant to 11205
section 4511.192 of the Revised Code in regard to a person who 11206
refused to take the designated chemical test, the registrar shall 11207
enter into the registrar's records the fact that the person's 11208
driver's or commercial driver's license or permit or nonresident 11209
operating privilege was suspended by the arresting officer under 11210
this division and that section and the period of the suspension, 11211
as determined under this section. The suspension shall be subject 11212
to appeal as provided in section 4511.197 of the Revised Code. The 11213
suspension shall be for whichever of the following periods 11214
applies:11215

       (a) Except when division (B)(1)(b), (c), or (d) of this 11216
section applies and specifies a different class or length of 11217
suspension, the suspension shall be a class C suspension for the 11218
period of time specified in division (B)(3) of section 4510.02 of 11219
the Revised Code.11220

       (b) If the arrested person, within six years of the date on 11221
which the person refused the request to consent to the chemical 11222
test, had refused one previous request to consent to a chemical 11223
test or had been convicted of or pleaded guilty to one violation 11224
of division (A) or (B) of section 4511.19 of the Revised Code or 11225
one other equivalent offense, the suspension shall be a class B 11226
suspension imposed for the period of time specified in division 11227
(B)(2) of section 4510.02 of the Revised Code.11228

       (c) If the arrested person, within six years of the date on 11229
which the person refused the request to consent to the chemical 11230
test, had refused two previous requests to consent to a chemical 11231
test, had been convicted of or pleaded guilty to two violations of 11232
division (A) or (B) of section 4511.19 of the Revised Code or 11233
other equivalent offenses, or had refused one previous request to 11234
consent to a chemical test and also had been convicted of or 11235
pleaded guilty to one violation of division (A) or (B) of section 11236
4511.19 of the Revised Code or other equivalent offenses, which 11237
violation or offense arose from an incident other than the 11238
incident that led to the refusal, the suspension shall be a class 11239
A suspension imposed for the period of time specified in division 11240
(B)(1) of section 4510.02 of the Revised Code.11241

       (d) If the arrested person, within six years of the date on 11242
which the person refused the request to consent to the chemical 11243
test, had refused three or more previous requests to consent to a 11244
chemical test, had been convicted of or pleaded guilty to three or 11245
more violations of division (A) or (B) of section 4511.19 of the 11246
Revised Code or other equivalent offenses, or had refused a number 11247
of previous requests to consent to a chemical test and also had 11248
been convicted of or pleaded guilty to a number of violations of 11249
division (A) or (B) of section 4511.19 of the Revised Code or 11250
other equivalent offenses that cumulatively total three or more 11251
such refusals, convictions, and guilty pleas, the suspension shall 11252
be for five years.11253

       (2) The registrar shall terminate a suspension of the 11254
driver's or commercial driver's license or permit of a resident or 11255
of the operating privilege of a nonresident, or a denial of a 11256
driver's or commercial driver's license or permit, imposed 11257
pursuant to division (B)(1) of this section upon receipt of notice 11258
that the person has entered a plea of guilty to, or that the 11259
person has been convicted after entering a plea of no contest to, 11260
operating a vehicle in violation of section 4511.19 of the Revised 11261
Code or in violation of a municipal OVI ordinance, if the offense 11262
for which the conviction is had or the plea is entered arose from 11263
the same incident that led to the suspension or denial.11264

       The registrar shall credit against any judicial suspension of 11265
a person's driver's or commercial driver's license or permit or 11266
nonresident operating privilege imposed pursuant to section 11267
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 11268
Revised Code for a violation of a municipal OVI ordinance, any 11269
time during which the person serves a related suspension imposed 11270
pursuant to division (B)(1) of this section.11271

       (C)(1) Upon receipt of the sworn report of the law 11272
enforcement officer who arrested a person for a violation of 11273
division (A) or (B) of section 4511.19 of the Revised Code or a 11274
municipal OVI ordinance that was completed and sent to the 11275
registrar and a court pursuant to section 4511.192 of the Revised 11276
Code in regard to a person whose test results indicate that the 11277
person's whole blood, blood serum or plasma, breath, or urine 11278
contained at least the concentration of alcohol specified in 11279
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the 11280
Revised Code or at least the concentration of a listed controlled 11281
substance or a listed metabolite of a controlled substance 11282
specified in division (A)(1)(j) of section 4511.19 of the Revised 11283
Code, the registrar shall enter into the registrar's records the 11284
fact that the person's driver's or commercial driver's license or 11285
permit or nonresident operating privilege was suspended by the 11286
arresting officer under this division and section 4511.192 of the 11287
Revised Code and the period of the suspension, as determined under 11288
divisions (C)(1)(a) to (d) of this section. The suspension shall 11289
be subject to appeal as provided in section 4511.197 of the 11290
Revised Code. The suspension described in this division does not 11291
apply to, and shall not be imposed upon, a person arrested for a 11292
violation of section 4511.194 of the Revised Code or a 11293
substantially equivalent municipal ordinance who submits to a 11294
designated chemical test. The suspension shall be for whichever of 11295
the following periods applies:11296

       (a) Except when division (C)(1)(b), (c), or (d) of this 11297
section applies and specifies a different period, the suspension 11298
shall be a class E suspension imposed for the period of time 11299
specified in division (B)(5) of section 4510.02 of the Revised 11300
Code.11301

       (b) The suspension shall be a class C suspension for the 11302
period of time specified in division (B)(3) of section 4510.02 of 11303
the Revised Code if the person has been convicted of or pleaded 11304
guilty to, within six years of the date the test was conducted, 11305
one violation of division (A) or (B) of section 4511.19 of the 11306
Revised Code or one other equivalent offense.11307

       (c) If, within six years of the date the test was conducted, 11308
the person has been convicted of or pleaded guilty to two 11309
violations of a statute or ordinance described in division 11310
(C)(1)(b) of this section, the suspension shall be a class B 11311
suspension imposed for the period of time specified in division 11312
(B)(2) of section 4510.02 of the Revised Code.11313

       (d) If, within six years of the date the test was conducted, 11314
the person has been convicted of or pleaded guilty to more than 11315
two violations of a statute or ordinance described in division 11316
(C)(1)(b) of this section, the suspension shall be a class A 11317
suspension imposed for the period of time specified in division 11318
(B)(1) of section 4510.02 of the Revised Code.11319

       (2) The registrar shall terminate a suspension of the 11320
driver's or commercial driver's license or permit of a resident or 11321
of the operating privilege of a nonresident, or a denial of a 11322
driver's or commercial driver's license or permit, imposed 11323
pursuant to division (C)(1) of this section upon receipt of notice 11324
that the person has entered a plea of guilty to, or that the 11325
person has been convicted after entering a plea of no contest to, 11326
operating a vehicle in violation of section 4511.19 of the Revised 11327
Code or in violation of a municipal OVI ordinance, if the offense 11328
for which the conviction is had or the plea is entered arose from 11329
the same incident that led to the suspension or denial.11330

       The registrar shall credit against any judicial suspension of 11331
a person's driver's or commercial driver's license or permit or 11332
nonresident operating privilege imposed pursuant to section 11333
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 11334
Revised Code for a violation of a municipal OVI ordinance, any 11335
time during which the person serves a related suspension imposed 11336
pursuant to division (C)(1) of this section.11337

       (D)(1) A suspension of a person's driver's or commercial 11338
driver's license or permit or nonresident operating privilege 11339
under this section for the time described in division (B) or (C) 11340
of this section is effective immediately from the time at which 11341
the arresting officer serves the notice of suspension upon the 11342
arrested person. Any subsequent finding that the person is not 11343
guilty of the charge that resulted in the person being requested 11344
to take the chemical test or tests under division (A) of this 11345
section does not affect the suspension.11346

       (2) If a person is arrested for operating a vehicle, 11347
streetcar, or trackless trolley in violation of division (A) or 11348
(B) of section 4511.19 of the Revised Code or a municipal OVI 11349
ordinance, or for being in physical control of a vehicle, 11350
streetcar, or trackless trolley in violation of section 4511.194 11351
of the Revised Code or a substantially equivalent municipal 11352
ordinance, regardless of whether the person's driver's or 11353
commercial driver's license or permit or nonresident operating 11354
privilege is or is not suspended under division (B) or (C) of this 11355
section or Chapter 4510. of the Revised Code, the person's initial 11356
appearance on the charge resulting from the arrest shall be held 11357
within five days of the person's arrest or the issuance of the 11358
citation to the person, subject to any continuance granted by the 11359
court pursuant to section 4511.197 of the Revised Code regarding 11360
the issues specified in that division.11361

       (E) When it finally has been determined under the procedures 11362
of this section and sections 4511.192 to 4511.197 of the Revised 11363
Code that a nonresident's privilege to operate a vehicle within 11364
this state has been suspended, the registrar shall give 11365
information in writing of the action taken to the motor vehicle 11366
administrator of the state of the person's residence and of any 11367
state in which the person has a license.11368

       (F) At the end of a suspension period under this section, 11369
under section 4511.194, section 4511.196, or division (G) of 11370
section 4511.19 of the Revised Code, or under section 4510.07 of 11371
the Revised Code for a violation of a municipal OVI ordinance and 11372
upon the request of the person whose driver's or commercial 11373
driver's license or permit was suspended and who is not otherwise 11374
subject to suspension, cancellation, or disqualification, the 11375
registrar shall return the driver's or commercial driver's license 11376
or permit to the person upon the occurrence of all of the 11377
conditions specified in divisions (F)(1) and (2) of this section:11378

       (1) A showing that the person has proof of financial 11379
responsibility, a policy of liability insurance in effect that 11380
meets the minimum standards set forth in section 4509.51 of the 11381
Revised Code, or proof, to the satisfaction of the registrar, that 11382
the person is able to respond in damages in an amount at least 11383
equal to the minimum amounts specified in section 4509.51 of the 11384
Revised Code.11385

       (2) Subject to the limitation contained in division (F)(3) of 11386
this section, payment by the person to the registrar or an 11387
eligible deputy registrar of a license reinstatement fee of four 11388
hundred seventy-five dollars, which fee. The registrar or deputy 11389
registrar shall be depositeddeposit the fee in the state treasury 11390
andto be credited as follows:11391

       (a) One hundred twelve dollars and fifty cents shall be 11392
credited to the statewide treatment and prevention fund created by 11393
section 4301.30 of the Revised Code. Money credited to the fund 11394
under this section shall be used for purposes identified under 11395
section 5119.22 of the Revised Code. 11396

       (b) Seventy-five dollars shall be credited to the reparations 11397
fund created by section 2743.191 of the Revised Code.11398

       (c) Thirty-seven dollars and fifty cents shall be credited to 11399
the indigent drivers alcohol treatment fund, which is hereby 11400
established in the state treasury. Except as otherwise provided in 11401
division (F)(2)(c) of this section, moneys in the fund shall be 11402
distributed by theThe department of mental health and addiction 11403
services shall distribute the moneys in that fund to the county 11404
indigent drivers alcohol treatment funds, the county juvenile 11405
indigent drivers alcohol treatment funds, and the municipal 11406
indigent drivers alcohol treatment funds that are required to be 11407
established by counties and municipal corporations pursuant to 11408
division (H) of this section, and shallto be used only to pay 11409
the cost of an alcohol and drug addiction treatment program 11410
attended by an offender or juvenile traffic offender who is 11411
ordered to attend an alcohol and drug addiction treatment program 11412
by a county, juvenile, or municipal court judge and who is 11413
determined by the county, juvenile, or municipal court judge not 11414
to have the means to pay for the person's attendance at the 11415
program or to pay the costs specified in division (H)(4) of this 11416
section in accordance with that division. In addition, a county, 11417
juvenile, or municipal court judge may use moneys in the county 11418
indigent drivers alcohol treatment fund, county juvenile indigent 11419
drivers alcohol treatment fund, or municipal indigent drivers 11420
alcohol treatment fund to pay for the cost of the continued use of 11421
an alcohol monitoring device as described in divisions (H)(3) and 11422
(4) of this sectionas provided in division (H)(3) of this 11423
section. Moneys in the fund that are not distributed to a county 11424
indigent drivers alcohol treatment fund, a county juvenile 11425
indigent drivers alcohol treatment fund, or a municipal indigent 11426
drivers alcohol treatment fund under division (H) of this section 11427
because the director of mental health and addiction services does 11428
not have the information necessary to identify the county or 11429
municipal corporation where the offender or juvenile offender was 11430
arrested may be transferred by the director of budget and 11431
management to the statewide treatment and prevention fund created 11432
by section 4301.30 of the Revised Code, upon certification of the 11433
amount by the director of mental health and addiction services.11434

       (d) Seventy-five dollars shall be credited to the 11435
opportunities for Ohioans with disabilities agency established by 11436
section 3304.15 of the Revised Code, to the services for 11437
rehabilitation fund, which is hereby established. The fund shall 11438
be used to match available federal matching funds where 11439
appropriate, and for any other purpose or program of the agency to 11440
rehabilitate persons with disabilities to help them become 11441
employed and independent.11442

       (e) Seventy-five dollars shall be deposited into the state 11443
treasury and credited to the drug abuse resistance education 11444
programs fund, which is hereby established, to be used by the 11445
attorney general for the purposes specified in division (F)(4) of 11446
this section.11447

       (f) Thirty dollars shall be credited to the state bureau of 11448
motor vehicles fund created by section 4501.25 of the Revised 11449
Code.11450

       (g) Twenty dollars shall be credited to the trauma and 11451
emergency medical services fund created by section 4513.263 of the 11452
Revised Code.11453

       (h) Fifty dollars shall be credited to the indigent drivers 11454
interlock and alcohol monitoring fund, which is hereby established 11455
in the state treasury. Moneys in the fund shall be distributed by 11456
the department of public safety to the county indigent drivers 11457
interlock and alcohol monitoring funds, the county juvenile 11458
indigent drivers interlock and alcohol monitoring funds, and the 11459
municipal indigent drivers interlock and alcohol monitoring funds 11460
that are required to be established by counties and municipal 11461
corporations pursuant to this section, and shall be used only to 11462
pay the cost of an immobilizing or disabling device, including a 11463
certified ignition interlock device, or an alcohol monitoring 11464
device used by an offender or juvenile offender who is ordered to 11465
use the device by a county, juvenile, or municipal court judge and 11466
who is determined by the county, juvenile, or municipal court 11467
judge not to have the means to pay for the person's use of the 11468
device.11469

       (3) If a person's driver's or commercial driver's license or 11470
permit is suspended under this section, under section 4511.196 or 11471
division (G) of section 4511.19 of the Revised Code, under section 11472
4510.07 of the Revised Code for a violation of a municipal OVI 11473
ordinance or under any combination of the suspensions described in 11474
division (F)(3) of this section, and if the suspensions arise from 11475
a single incident or a single set of facts and circumstances, the 11476
person is liable for payment of, and shall be required to pay to 11477
the registrar or an eligible deputy registrar, only one 11478
reinstatement fee of four hundred seventy-five dollars. The 11479
reinstatement fee shall be distributed by the bureau in accordance 11480
with division (F)(2) of this section.11481

       (4) The attorney general shall use amounts in the drug abuse 11482
resistance education programs fund to award grants to law 11483
enforcement agencies to establish and implement drug abuse 11484
resistance education programs in public schools. Grants awarded to 11485
a law enforcement agency under this section shall be used by the 11486
agency to pay for not more than fifty per cent of the amount of 11487
the salaries of law enforcement officers who conduct drug abuse 11488
resistance education programs in public schools. The attorney 11489
general shall not use more than six per cent of the amounts the 11490
attorney general's office receives under division (F)(2)(e) of 11491
this section to pay the costs it incurs in administering the grant 11492
program established by division (F)(2)(e) of this section and in 11493
providing training and materials relating to drug abuse resistance 11494
education programs.11495

       The attorney general shall report to the governor and the 11496
general assembly each fiscal year on the progress made in 11497
establishing and implementing drug abuse resistance education 11498
programs. These reports shall include an evaluation of the 11499
effectiveness of these programs.11500

       (5) In addition to the reinstatement fee under this section, 11501
if the person pays the reinstatement fee to a deputy registrar, 11502
the deputy registrar shall collect a service fee of ten dollars to 11503
compensate the deputy registrar for services performed under this 11504
section. The deputy registrar shall retain eight dollars of the 11505
service fee and shall transmit the reinstatement fee, plus two 11506
dollars of the service fee, to the registrar in the manner the 11507
registrar shall determine.11508

       (G) Suspension of a commercial driver's license under 11509
division (B) or (C) of this section shall be concurrent with any 11510
period of disqualification under section 3123.611 or 4506.16 of 11511
the Revised Code or any period of suspension under section 3123.58 11512
of the Revised Code. No person who is disqualified for life from 11513
holding a commercial driver's license under section 4506.16 of the 11514
Revised Code shall be issued a driver's license under Chapter 11515
4507. of the Revised Code during the period for which the 11516
commercial driver's license was suspended under division (B) or 11517
(C) of this section. No person whose commercial driver's license 11518
is suspended under division (B) or (C) of this section shall be 11519
issued a driver's license under Chapter 4507. of the Revised Code 11520
during the period of the suspension.11521

       (H)(1) Each county shall establish an indigent drivers 11522
alcohol treatment fund, each county shall establishand a juvenile 11523
indigent drivers alcohol treatment fund, and each. Each municipal 11524
corporation in which there is a municipal court shall establish an 11525
indigent drivers alcohol treatment fund. All revenue that the 11526
general assembly appropriates to the indigent drivers alcohol 11527
treatment fund for transfer to a county indigent drivers alcohol 11528
treatment fund, a county juvenile indigent drivers alcohol 11529
treatment fund, or a municipal indigent drivers alcohol treatment 11530
fund, all portions of fees that are paid under division (F) of 11531
this section and that are credited under that division to the 11532
indigent drivers alcohol treatment fund in the state treasury for 11533
a county indigent drivers alcohol treatment fund, a county 11534
juvenile indigent drivers alcohol treatment fund, or a municipal 11535
indigent drivers alcohol treatment fund, all portions of 11536
additional costs imposed under section 2949.094 of the Revised 11537
Code that are specified for deposit into a county, county 11538
juvenile, or municipal indigent drivers alcohol treatment fund by 11539
that section, and all portions of fines that are specified for 11540
deposit into a county or municipal indigent drivers alcohol 11541
treatment fund by section 4511.193 of the Revised Code shall be 11542
deposited into that county indigent drivers alcohol treatment 11543
fund, county juvenile indigent drivers alcohol treatment fund, or 11544
municipal indigent drivers alcohol treatment fund. The portions of 11545
the fees paid under division (F) of this section that are to be so 11546
deposited shall be determined in accordance with division (H)(2) 11547
of this section. Additionally, all portions of fines that are paid 11548
for a violation of section 4511.19 of the Revised Code or of any 11549
prohibition contained in Chapter 4510. of the Revised Code, and 11550
that are required under section 4511.19 or any provision of 11551
Chapter 4510. of the Revised Code to be deposited into a county 11552
indigent drivers alcohol treatment fund or municipal indigent 11553
drivers alcohol treatment fund shall be deposited into the 11554
appropriate fund in accordance with the applicable division of the 11555
section or provision.11556

       The treasurer of state or other appropriate official, as 11557
applicable, shall transfer the following into each county indigent 11558
drivers alcohol treatment fund, county juvenile indigent drivers 11559
alcohol treatment fund, or municipal indigent drivers alcohol 11560
treatment fund, as applicable:11561

        (a) All revenue the general assembly appropriates to the 11562
indigent drivers alcohol treatment fund for transfer into such a 11563
fund;11564

        (b) All portions of fees paid under division (F) of this 11565
section that, in accordance with division (H)(2) of this section, 11566
are credited to the indigent drivers alcohol treatment fund for 11567
deposit into such a fund;11568

        (c) All portions of additional costs imposed under section 11569
2949.094 of the Revised Code that are required to be deposited 11570
into such a fund;11571

        (d) All portions of fines that are required to be deposited 11572
into such a fund under section 4511.193 of the Revised Code;11573

        (e) All portions of fines paid under section 4511.19 of the 11574
Revised Code or Chapter 4510. of the Revised Code that are 11575
required to be paid into such a fund. 11576

       (2) That portion of the license reinstatement fee that is 11577
paid under division (F) of this section and that is credited under 11578
that division to the indigent drivers alcohol treatment fund shall 11579
be deposited into a county indigent drivers alcohol treatment 11580
fund, a county juvenile indigent drivers alcohol treatment fund, 11581
or a municipal indigent drivers alcohol treatment fund as follows:11582

       (a) Regarding a suspension imposed under this section, that 11583
portion of the fee shall be deposited as follows:11584

       (i) If the fee is paid by a person who was charged in a 11585
county court with the violation that resulted in the suspension or 11586
in the imposition of the court costs, the portion shall be 11587
deposited into the county indigent drivers alcohol treatment fund 11588
under the control of that court;11589

       (ii) If the fee is paid by a person who was charged in a 11590
juvenile court with the violation that resulted in the suspension 11591
or in the imposition of the court costs, the portion shall be 11592
deposited into the county juvenile indigent drivers alcohol 11593
treatment fund established in the county served by the court;11594

       (iii) If the fee is paid by a person who was charged in a 11595
municipal court with the violation that resulted in the suspension 11596
or in the imposition of the court costs, the portion shall be 11597
deposited into the municipal indigent drivers alcohol treatment 11598
fund under the control of that court.11599

       (b) Regarding a suspension imposed under section 4511.19 of 11600
the Revised Code or under section 4510.07 of the Revised Code for 11601
a violation of a municipal OVI ordinance, that portion of the fee 11602
shall be deposited as follows:11603

       (i) If the fee is paid by a person whose license or permit 11604
was suspended by a county court, the portion shall be deposited 11605
into the county indigent drivers alcohol treatment fund under the 11606
control of that court;11607

       (ii) If the fee is paid by a person whose license or permit 11608
was suspended by a municipal court, the portion shall be deposited 11609
into the municipal indigent drivers alcohol treatment fund under 11610
the control of that court.11611

       (3) Expenditures(a) As used in division (H)(3) of this 11612
section, "indigent person" means a person who is convicted of, or 11613
found to be a juvenile traffic offender by reason of, a violation 11614
of division (A) of section 4511.19 of the Revised Code or a 11615
substantially similar municipal ordinance, who is ordered by the 11616
court to attend an alcohol and drug addiction treatment program, 11617
and who is determined by the court under division (H)(5) of this 11618
section to be unable to pay the cost of the assessment or the cost 11619
of attendance at the treatment program.11620

        (b) A county, juvenile, or municipal court judge, by order, 11621
may make expenditures from a county indigent drivers alcohol 11622
treatment fund, a county juvenile indigent drivers alcohol 11623
treatment fund, or a municipal indigent drivers alcohol treatment 11624
fund shall be made only upon the order of a county, juvenile, or 11625
municipal court judge and only for payment of the cost of an 11626
assessment or the cost of the attendance at an alcohol and drug 11627
addiction treatment program of awith respect to an indigent11628
person who is convicted of, or found to be a juvenile traffic 11629
offender by reason of, a violation of division (A) of section 11630
4511.19 of the Revised Code or a substantially similar municipal 11631
ordinance, who is ordered by the court to attend the alcohol and 11632
drug addiction treatment program, and who is determined by the 11633
court to be unable to pay the cost of the assessment or the cost 11634
of attendance at the treatment program or for payment of the costs 11635
specified in division (H)(4) of this section in accordance with 11636
that division. Thefor any of the following:11637

       (i) To pay the cost of an assessment that is conducted by an 11638
appropriately licensed clinician at either a driver intervention 11639
program that is certified under section 5119.38 of the Revised 11640
Code or at a community addiction services provider that is 11641
certified under section 5119.36 of the Revised Code; 11642

       (ii) To pay the cost of alcohol addiction services, drug 11643
addiction services, or integrated alcohol and drug addiction 11644
services at a community addiction services provider that is 11645
certified under section 5119.36 of the Revised Code;11646

       (iii) To pay the cost of transportation to attend an 11647
assessment as provided under division (H)(3)(b)(i) of this section 11648
or addiction services as provided under division (H)(3)(b)(ii) of 11649
this section.11650

        The alcohol and drug addiction services board or the board of 11651
alcohol, drug addiction, and mental health services established 11652
pursuant to section 340.02 or 340.021 of the Revised Code and 11653
serving the alcohol, drug addiction, and mental health service 11654
district in which the court is located shall administer the 11655
indigent drivers alcohol treatment program of the court. When a 11656
court orders an offender or juvenile traffic offender to obtain an 11657
assessment or attend an alcohol and drug addiction treatment 11658
program, the board shall determine which program is suitable to 11659
meet the needs of the offender or juvenile traffic offender, and 11660
when a suitable program is located and space is available at the 11661
program, the offender or juvenile traffic offender shall attend 11662
the program designated by the board. A reasonable amount not to 11663
exceed five per cent of the amounts credited to and deposited into 11664
the county indigent drivers alcohol treatment fund, the county 11665
juvenile indigent drivers alcohol treatment fund, or the municipal 11666
indigent drivers alcohol treatment fund serving every court whose 11667
program is administered by that board shall be paid to the board 11668
to cover the costs it incurs in administering those indigent 11669
drivers alcohol treatment programs.11670

       In addition, upon(c) Upon exhaustion of moneys in the 11671
indigent drivers interlock and alcohol monitoring fund for the use 11672
of an alcohol monitoring device, a county, juvenile, or municipal 11673
court judge may use moneys in the county indigent drivers alcohol 11674
treatment fund, county juvenile indigent drivers alcohol treatment 11675
fund, or municipal indigent drivers alcohol treatment fund in 11676
either of the following manners:11677

       (a)(i) If the source of the moneys was an appropriation of 11678
the general assembly, a portion of a fee that was paid under 11679
division (F) of this section, a portion of a fine that was 11680
specified for deposit into the fund by section 4511.193 of the 11681
Revised Code, or a portion of a fine that was paid for a violation 11682
of section 4511.19 of the Revised Code or of a provision contained 11683
in Chapter 4510. of the Revised Code that was required to be 11684
deposited into the fund, to pay for the continued use of an 11685
alcohol monitoring device by an offender or juvenile traffic 11686
offender, in conjunction with a treatment program approved by the 11687
department of mental health and addiction services, when such use 11688
is determined clinically necessary by the treatment program and 11689
when the court determines that the offender or juvenile traffic 11690
offender is unable to pay all or part of the daily monitoring or 11691
cost of the device;11692

       (b)(ii) If the source of the moneys was a portion of an 11693
additional court cost imposed under section 2949.094 of the 11694
Revised Code, to pay for the continued use of an alcohol 11695
monitoring device by an offender or juvenile traffic offender when 11696
the court determines that the offender or juvenile traffic 11697
offender is unable to pay all or part of the daily monitoring or 11698
cost of the device. The moneys may be used for a device as 11699
described in this division if the use of the device is in 11700
conjunction with a treatment program approved by the department of 11701
mental health and addiction services, when the use of the device 11702
is determined clinically necessary by the treatment program, but 11703
the use of a device is not required to be in conjunction with a 11704
treatment program approved by the department in order for the 11705
moneys to be used for the device as described in this division.11706

       (4) If a county, juvenile, or municipal court determines, in 11707
consultation with the alcohol and drug addiction services board or 11708
the board of alcohol, drug addiction, and mental health services 11709
established pursuant to section 340.02 or 340.021 of the Revised 11710
Code and serving the alcohol, drug addiction, and mental health 11711
district in which the court is located, that the funds in the 11712
county indigent drivers alcohol treatment fund, the county 11713
juvenile indigent drivers alcohol treatment fund, or the municipal 11714
indigent drivers alcohol treatment fund under the control of the 11715
court are more than sufficient to satisfy the purpose for which 11716
the fund was established, as specified in divisions (H)(1) to (3) 11717
of this section, the court may declare a surplus in the fund. If 11718
the court declares a surplus in the fund, the court may expend11719
take any of the following actions with regard to the amount of the 11720
surplus in the fund for:11721

       (a) AlcoholExpend any of the surplus amount for alcohol and 11722
drug abuse assessment and treatment, and for the cost of 11723
transportation related to assessment and treatment, of persons who 11724
are charged in the court with committing a criminal offense or 11725
with being a delinquent child or juvenile traffic offender and in 11726
relation to whom both of the following apply:11727

       (i) The court determines that substance abuse was a 11728
contributing factor leading to the criminal or delinquent activity 11729
or the juvenile traffic offense with which the person is charged.11730

       (ii) The court determines that the person is unable to pay 11731
the cost of the alcohol and drug abuse assessment and treatment 11732
for which the surplus money will be used.11733

       (b) AllExpend any of the surplus amount to pay all or part 11734
of the cost of purchasing alcohol monitoring devices to be used in 11735
conjunction with division (H)(3)(c) of this section, upon 11736
exhaustion of moneys in the indigent drivers interlock and alcohol 11737
monitoring fund for the use of an alcohol monitoring device.11738

       (c) Transfer to another court in the same county any of the 11739
surplus amount to be utilized in a manner consistent with division 11740
(H)(3) of this section. If surplus funds are transferred to 11741
another court, the court that transfers the funds shall notify the 11742
alcohol and drug addiction services board or the board of alcohol, 11743
drug addiction, and mental health services that serves the 11744
alcohol, drug addiction, and mental health service district in 11745
which that court is located.11746

        (d) Transfer to the alcohol and drug addiction services board 11747
or the board of alcohol, drug addiction, and mental health 11748
services that serves the alcohol, drug addiction, and mental 11749
health service district in which the court is located any of the 11750
surplus amount to be utilized in a manner consistent with division 11751
(H)(3) of this section or for board contracted recovery support 11752
services. 11753

       (5) For the purpose of determining as described in division 11754
(F)(2)(c) of this section whetherIn order to determine if an 11755
offender does not have the means to pay for the offender's 11756
attendance at an alcohol and drug addiction treatment program for 11757
purposes of division (H)(3) of this section or whetherif an 11758
alleged offender or delinquent child is unable to pay the costs 11759
specified in division (H)(4) of this section, the court shall use 11760
the indigent client eligibility guidelines and the standards of 11761
indigency established by the state public defender to make the 11762
determination.11763

       (6) The court shall identify and refer any community 11764
addiction services provider that is not certified under section 11765
5119.36 of the Revised Code and that is interested in receiving 11766
amounts from the surplus in the fund declared under division 11767
(H)(4) of this section to the department of mental health and 11768
addiction services in order for the services provider to become a 11769
certified community addiction services provider. The department 11770
shall keep a record of applicant referrals received pursuant to 11771
this division and shall submit a report on the referrals each year 11772
to the general assembly. If a services provider interested in 11773
becoming certified makes an application to become certified 11774
pursuant to section 5119.36 of the Revised Code, the services 11775
provider is eligible to receive surplus funds as long as the 11776
application is pending with the department. The department of 11777
mental health and addiction services must offer technical 11778
assistance to the applicant. If the interested services provider 11779
withdraws the certification application, the department must 11780
notify the court, and the court shall not provide the interested 11781
services provider with any further surplus funds.11782

       (7)(a) Each alcohol and drug addiction services board and 11783
board of alcohol, drug addiction, and mental health services 11784
established pursuant to section 340.02 or 340.021 of the Revised 11785
Code shall submit to the department of mental health and addiction 11786
services an annual report for each indigent drivers alcohol 11787
treatment fund in that board's area. 11788

       (b) The report, which shall be submitted not later than sixty 11789
days after the end of the state fiscal year, shall provide the 11790
total payment that was made from the fund, including the number of 11791
indigent consumers that received treatment services and the number 11792
of indigent consumers that received an alcohol monitoring device. 11793
The report shall identify the treatment program and expenditure 11794
for an alcohol monitoring device for which that payment was made. 11795
The report shall include the fiscal year balance of each indigent 11796
drivers alcohol treatment fund located in that board's area. In 11797
the event that a surplus is declared in the fund pursuant to 11798
division (H)(4) of this section, the report also shall provide the 11799
total payment that was made from the surplus moneys and identify 11800
the treatment program and expenditure for an alcohol monitoring 11801
deviceauthorized purpose for which that payment was made. 11802

       (c) If a board is unable to obtain adequate information to 11803
develop the report to submit to the department for a particular 11804
indigent drivers alcohol treatment fund, the board shall submit a 11805
report detailing the effort made in obtaining the information.11806

       (I)(1) Each county shall establish an indigent drivers 11807
interlock and alcohol monitoring fund and a juvenile indigent 11808
drivers interlock and alcohol treatment fund, and each. Each11809
municipal corporation in which there is a municipal court shall 11810
establish an indigent drivers interlock and alcohol monitoring 11811
fund. All revenue that the general assembly appropriates to the 11812
indigent drivers interlock and alcohol monitoring fund for 11813
transfer to a county indigent drivers interlock and alcohol 11814
monitoring fund, a county juvenile indigent drivers interlock and 11815
alcohol monitoring fund, or a municipal indigent drivers interlock 11816
and alcohol monitoring fund, all portions of license reinstatement 11817
fees that are paid under division (F)(2) of this section and that 11818
are credited under that division to the indigent drivers interlock 11819
and alcohol monitoring fund in the state treasury, and all 11820
portions of fines that are paid under division (G) of section 11821
4511.19 of the Revised Code and that are credited by division 11822
(G)(5)(e) of that section to the indigent drivers interlock and 11823
alcohol monitoring fund in the state treasury shall be deposited 11824
in the appropriate fund in accordance with division (I)(2) of this 11825
section.11826

       The treasurer of state shall transfer the following into each 11827
county indigent drivers interlock and alcohol monitoring fund, 11828
county juvenile indigent drivers interlock and alcohol monitoring 11829
fund, or municipal indigent drivers interlock and alcohol 11830
monitoring fund, as applicable:11831

       (a) All revenue the general assembly appropriates to the 11832
indigent drivers interlock and alcohol monitoring fund for 11833
transfer into such a fund;11834

       (b) All portions of license reinstatement fees paid under 11835
division (F)(2) of this section that, in accordance with division 11836
(I)(2) of this section, are credited to the indigent drivers 11837
interlock and alcohol monitoring fund for deposit into a such 11838
fund;11839

       (c) All portions of fines that are paid under division (G) of 11840
section 4511.19 of the Revised Code and are credited by division 11841
(G)(5)(e) of that section to the indigent drivers interlock and 11842
alcohol monitoring fund for deposit into such a fund in accordance 11843
with division (I)(2) of this section.11844

       (2) That portion of the license reinstatement fee that is 11845
paid under division (F) of this section and that portion of the 11846
fine paid under division (G) of section 4511.19 of the Revised 11847
Code and that is credited under either division to the indigent 11848
drivers interlock and alcohol monitoring fund shall be deposited 11849
into a county indigent drivers interlock and alcohol monitoring 11850
fund, a county juvenile indigent drivers interlock and alcohol 11851
monitoring fund, or a municipal indigent drivers interlock and 11852
alcohol monitoring fund as follows:11853

       (a) If the fee or fine is paid by a person who was charged in 11854
a county court with the violation that resulted in the suspension 11855
or fine, the portion shall be deposited into the county indigent 11856
drivers interlock and alcohol monitoring fund under the control of 11857
that court.11858

       (b) If the fee or fine is paid by a person who was charged in 11859
a juvenile court with the violation that resulted in the 11860
suspension or fine, the portion shall be deposited into the county 11861
juvenile indigent drivers interlock and alcohol monitoring fund 11862
established in the county served by the court.11863

       (c) If the fee or fine is paid by a person who was charged in 11864
a municipal court with the violation that resulted in the 11865
suspension, the portion shall be deposited into the municipal 11866
indigent drivers interlock and alcohol monitoring fund under the 11867
control of that court.11868

       (3) If a county, juvenile, or municipal court determines that 11869
the funds in the county indigent drivers interlock and alcohol 11870
monitoring fund, the county juvenile indigent drivers interlock 11871
and alcohol monitoring fund, or the municipal indigent drivers 11872
interlock and alcohol monitoring fund under the control of that 11873
court are more than sufficient to satisfy the purpose for which 11874
the fund was established as specified in division (F)(2)(h) of 11875
this section, the court may declare a surplus in the fund. The 11876
court then may order the transfer of a specified amount into the 11877
county indigent drivers alcohol treatment fund, the county 11878
juvenile indigent drivers alcohol treatment fund, or the municipal 11879
indigent drivers alcohol treatment fund under the control of that 11880
court to be utilized in accordance with division (H) of this 11881
section. 11882

       Sec. 4715.15.  When a dentist orders a test for the presence 11883
of Lyme disease in a patient, the dentist or dentist's delegate 11884
shall provide to the patient or patient's representative a written 11885
notice with the following information:11886

       "Your health care provider has ordered a test for the 11887
presence of Lyme disease. Current testing for Lyme disease can be 11888
problematic and may lead to false results. If you are tested for 11889
Lyme disease and the results are positive, this does not 11890
necessarily mean that you have contracted Lyme disease. In the 11891
alternative, if the results are negative, this does not 11892
necessarily mean that you have not contracted Lyme disease. If you 11893
continue to experience symptoms or have other health concerns, you 11894
should contact your health care provider and inquire about the 11895
appropriateness of additional testing or treatment."11896

       The dentist or dentist's delegate shall obtain a signature 11897
from the patient or patient's representative indicating receipt of 11898
the notice. The document containing the signature shall be kept in 11899
the patient's record.11900

       Sec. 4723.433.  When an advanced practice registered nurse 11901
orders a test for the presence of Lyme disease in a patient, the 11902
nurse or nurse's delegate shall provide to the patient or 11903
patient's representative a written notice with the following 11904
information:11905

       "Your health care provider has ordered a test for the 11906
presence of Lyme disease. Current testing for Lyme disease can be 11907
problematic and may lead to false results. If you are tested for 11908
Lyme disease and the results are positive, this does not 11909
necessarily mean that you have contracted Lyme disease. In the 11910
alternative, if the results are negative, this does not 11911
necessarily mean that you have not contracted Lyme disease. If you 11912
continue to experience symptoms or have other health concerns, you 11913
should contact your health care provider and inquire about the 11914
appropriateness of additional testing or treatment."11915

       The nurse or nurse's delegate shall obtain a signature from 11916
the patient or patient's representative indicating receipt of the 11917
notice. The document containing the signature shall be kept in the 11918
patient's record.11919

       Sec. 4729.03.  The state board of pharmacy shall organize by 11920
electing a president and a vice-president who are members of the 11921
board. The president shall preside over the meetings of the board, 11922
but shall not vote upon matters determined by the board, except in 11923
the event of a tie vote, in which case the president shall vote. 11924
The board shall also employ an executive director who is a 11925
licensed pharmacist in good standing in the practice of pharmacy 11926
in this state. The person employed shall not be a member of the 11927
board. Each of the officers elected shall serve for a term of one 11928
year. The members of the board shall receive an amount fixed 11929
pursuant to division (J) of section 124.15 of the Revised Code for 11930
each day employed in the discharge of their official duties and 11931
their necessary expenses while engaged therein.11932

       Sec. 4729.54.  (A) As used in this section and section 11933
4729.541 of the Revised Code:11934

       (1) "Category I" means single-dose injections of intravenous 11935
fluids, including saline, Ringer's lactate, five per cent dextrose 11936
and distilled water, and other intravenous fluids or parenteral 11937
solutions included in this category by rule of the state board of 11938
pharmacy, that have a volume of one hundred milliliters or more 11939
and that contain no added substances, or single-dose injections of 11940
epinephrine to be administered pursuant to sections 4765.38 and 11941
4765.39 of the Revised Code.11942

       (2) "Category II" means any dangerous drug that is not 11943
included in category I or III.11944

       (3) "Category III" means any controlled substance that is 11945
contained in schedule I, II, III, IV, or V.11946

       (4) "Emergency medical service organization" has the same 11947
meaning as in section 4765.01 of the Revised Code.11948

       (5) "Person" includes an emergency medical service 11949
organization.11950

       (6) "Schedule I, schedule II, schedule III, schedule IV, and 11951
schedule V" mean controlled substance schedules I, II, III, IV, 11952
and V, respectively, as established pursuant to section 3719.41 of 11953
the Revised Code and as amended.11954

       (B)(1) A person who desires to be licensed as a terminal 11955
distributor of dangerous drugs shall file with the executive 11956
director of the state board of pharmacy a verified application. 11957
After it is filed, the application may not be withdrawn without 11958
approval of the board.11959

       (2) An application shall contain all the following that apply 11960
in the applicant's case:11961

       (a) Information that the board requires relative to the 11962
qualifications of a terminal distributor of dangerous drugs set 11963
forth in section 4729.55 of the Revised Code;11964

       (b) A statement that the person wishes to be licensed as a 11965
category I, category II, category III, limited category I, limited 11966
category II, or limited category III terminal distributor of 11967
dangerous drugs;11968

       (c) If the person wishes to be licensed as a limited category 11969
I, limited category II, or limited category III terminal 11970
distributor of dangerous drugs, a notarized list of the dangerous 11971
drugs that the person wishes to possess, have custody or control 11972
of, and distribute, which list shall also specify the purpose for 11973
which those drugs will be used and their source;11974

       (d) If the person is an emergency medical service 11975
organization, the information that is specified in division (C)(1) 11976
of this section;11977

       (e) Except for an emergency medical service organization, the 11978
identity of the one establishment or place at which the person 11979
intends to engage in the sale or other distribution of dangerous 11980
drugs at retail, and maintain possession, custody, or control of 11981
dangerous drugs for purposes other than the person's own use or 11982
consumption;11983

       (f) If the application pertains to a pain management clinic, 11984
information that demonstrates, to the satisfaction of the board, 11985
compliance with division (A) of section 4729.552 of the Revised 11986
Code.11987

       (C)(1) An emergency medical service organization that wishes 11988
to be licensed as a terminal distributor of dangerous drugs shall 11989
list in its application for licensure the following additional 11990
information:11991

       (a) The units under its control that the organization 11992
determines will possess dangerous drugs for the purpose of 11993
administering emergency medical services in accordance with 11994
Chapter 4765. of the Revised Code;11995

       (b) With respect to each such unit, whether the dangerous 11996
drugs that the organization determines the unit will possess are 11997
in category I, II, or III.11998

       (2) An emergency medical service organization that is 11999
licensed as a terminal distributor of dangerous drugs shall file a 12000
new application for such licensure if there is any change in the 12001
number, or location of, any of its units or any change in the 12002
category of the dangerous drugs that any unit will possess.12003

       (3) A unit listed in an application for licensure pursuant to 12004
division (C)(1) of this section may obtain the dangerous drugs it 12005
is authorized to possess from its emergency medical service 12006
organization or, on a replacement basis, from a hospital pharmacy. 12007
If units will obtain dangerous drugs from a hospital pharmacy, the 12008
organization shall file, and maintain in current form, the 12009
following items with the pharmacist who is responsible for the 12010
hospital's terminal distributor of dangerous drugs license:12011

       (a) A copy of its standing orders or protocol;12012

       (b) A list of the personnel employed or used by the 12013
organization to provide emergency medical services in accordance 12014
with Chapter 4765. of the Revised Code, who are authorized to 12015
possess the drugs, which list also shall indicate the personnel 12016
who are authorized to administer the drugs.12017

       (D) Each emergency medical service organization that applies 12018
for a terminal distributor of dangerous drugs license shall submit 12019
with its application the following:12020

       (1) A notarized copy of its standing orders or protocol, 12021
which orders or protocol shall be signed by a physician and 12022
specify the dangerous drugs that its units may carry, expressed in 12023
standard dose units;12024

       (2) A list of the personnel employed or used by the 12025
organization to provide emergency medical services in accordance 12026
with Chapter 4765. of the Revised Code.12027

       An emergency medical service organization that is licensed as 12028
a terminal distributor shall notify the board immediately of any 12029
changes in its standing orders or protocol.12030

       (E) There shall be six categories of terminal distributor of 12031
dangerous drugs licenses, which categories shall be as follows:12032

       (1) Category I license. A person who obtains this license may 12033
possess, have custody or control of, and distribute only the 12034
dangerous drugs described in category I.12035

       (2) Limited category I license. A person who obtains this 12036
license may possess, have custody or control of, and distribute 12037
only the dangerous drugs described in category I that were listed 12038
in the application for licensure.12039

       (3) Category II license. A person who obtains this license 12040
may possess, have custody or control of, and distribute only the 12041
dangerous drugs described in category I and category II.12042

       (4) Limited category II license. A person who obtains this 12043
license may possess, have custody or control of, and distribute 12044
only the dangerous drugs described in category I or category II 12045
that were listed in the application for licensure.12046

       (5) Category III license, which may include a pain management 12047
clinic classification issued under section 4729.552 of the Revised 12048
Code. A person who obtains this license may possess, have custody 12049
or control of, and distribute the dangerous drugs described in 12050
category I, category II, and category III. If the license includes 12051
a pain management clinic classification, the person may operate a 12052
pain management clinic.12053

       (6) Limited category III license. A person who obtains this 12054
license may possess, have custody or control of, and distribute 12055
only the dangerous drugs described in category I, category II, or 12056
category III that were listed in the application for licensure.12057

       (F) Except for an application made on behalf of an animal 12058
shelter, if an applicant for licensure as a limited category I, 12059
II, or III terminal distributor of dangerous drugs intends to 12060
administer dangerous drugs to a person or animal, the applicant 12061
shall submit, with the application, a notarized copy of its 12062
protocol or standing orders, which protocol or orders shall be 12063
signed by a licensed health professional authorized to prescribe 12064
drugs, specify the dangerous drugs to be administered, and list 12065
personnel who are authorized to administer the dangerous drugs in 12066
accordance with federal law or the law of this state. An 12067
application made on behalf of an animal shelter shall include a 12068
notarized list of the dangerous drugs to be administered to 12069
animals and the personnel who are authorized to administer the 12070
drugs to animals in accordance with section 4729.532 of the 12071
Revised Code. After obtaining a terminal distributor license, a 12072
licensee shall notify the board immediately of any changes in its 12073
protocol or standing orders, or in such personnel.12074

       (G)(1) Except as provided in division (G)(2) of this section, 12075
each applicant for licensure as a terminal distributor of 12076
dangerous drugs shall submit, with the application, a license fee 12077
determined as follows:12078

       (a) For a category I or limited category I license, 12079
forty-five dollars;12080

       (b) For a category II or limited category II license, one 12081
hundred twelve dollars and fifty cents;12082

       (c) For a category III license, including a license with a 12083
pain management clinic classification issued under section 12084
4729.552 of the Revised Code, or a limited category III license, 12085
one hundred fifty dollars.12086

       (2) For a professional association, corporation, partnership, 12087
or limited liability company organized for the purpose of 12088
practicing veterinary medicine, the fee shall be forty dollars.12089

       (3) Fees assessed under divisions (G)(1) and (2) of this 12090
section shall not be returned if the applicant fails to qualify 12091
for registration.12092

       (H)(1) The board shall issue a terminal distributor of 12093
dangerous drugs license to each person who submits an application 12094
for such licensure in accordance with this section, pays the 12095
required license fee, is determined by the board to meet the 12096
requirements set forth in section 4729.55 of the Revised Code, and 12097
satisfies any other applicable requirements of this section.12098

       (2) The license of a person other than an emergency medical 12099
service organization shall describe the one establishment or place 12100
at which the licensee may engage in the sale or other distribution 12101
of dangerous drugs at retail and maintain possession, custody, or 12102
control of dangerous drugs for purposes other than the licensee's 12103
own use or consumption. The one establishment or place shall be 12104
that which is described in the application for licensure.12105

       No such license shall authorize or permit the terminal 12106
distributor of dangerous drugs named in it to engage in the sale 12107
or other distribution of dangerous drugs at retail or to maintain 12108
possession, custody, or control of dangerous drugs for any purpose 12109
other than the distributor's own use or consumption, at any 12110
establishment or place other than that described in the license, 12111
except that an agent or employee of an animal shelter may possess 12112
and use dangerous drugs in the course of business as provided in 12113
division (D) of section 4729.532 of the Revised Code.12114

       (3) The license of an emergency medical service organization 12115
shall cover and describe all the units of the organization listed 12116
in its application for licensure.12117

       (4) The license of every terminal distributor of dangerous 12118
drugs shall indicate, on its face, the category of licensure. If 12119
the license is a limited category I, II, or III license, it shall 12120
specify, and shall authorize the licensee to possess, have custody 12121
or control of, and distribute only, the dangerous drugs that were 12122
listed in the application for licensure.12123

       (I) All licenses issued pursuant to this section shall be 12124
effective for a period of twelve months from the first day of 12125
JanuaryApril of each year. A license shall be renewed by the 12126
board for a like period, annually, according to the provisions of 12127
this section, and the standard renewal procedure of Chapter 4745. 12128
of the Revised Code. A person who desires to renew a license shall 12129
submit an application for renewal and pay the required fee on or 12130
before the thirty-first day of DecemberMarch each year. The fee 12131
required for the renewal of a license shall be the same as the fee 12132
paid for the license being renewed, and shall accompany the 12133
application for renewal.12134

       A license that has not been renewed during DecemberMarch in 12135
any year and by the first day of FebruaryMay of the following12136
same year may be reinstated only upon payment of the required 12137
renewal fee and a penalty fee of fifty-five dollars.12138

       (J)(1) No emergency medical service organization that is 12139
licensed as a terminal distributor of dangerous drugs shall fail 12140
to comply with division (C)(2) or (3) of this section.12141

       (2) No emergency medical service organization that is 12142
licensed as a terminal distributor of dangerous drugs shall fail 12143
to comply with division (D) of this section.12144

       (3) No licensed terminal distributor of dangerous drugs shall 12145
possess, have custody or control of, or distribute dangerous drugs 12146
that the terminal distributor is not entitled to possess, have 12147
custody or control of, or distribute by virtue of its category of 12148
licensure.12149

       (4) No licensee that is required by division (F) of this 12150
section to notify the board of changes in its protocol or standing 12151
orders, or in personnel, shall fail to comply with that division.12152

       Sec. 4729.541.  (A) Except as provided in divisiondivisions12153
(B) and (C) of this section, a business entity described in 12154
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code 12155
may possess, have custody or control of, and distribute the 12156
dangerous drugs in category I, category II, and category III of, 12157
as defined in section 4729.54 of the Revised Code, without holding 12158
a terminal distributor of dangerous drugs license issued under 12159
that section.12160

       (B) If a business entity described in division (B)(1)(j) or 12161
(k) of section 4729.51 of the Revised Code is a pain management 12162
clinic or is operating a pain management clinic, the entity shall 12163
hold a license as a terminal distributor of dangerous drugs with a 12164
pain management clinic classification issued under section 12165
4729.552 of the Revised Code.12166

       (C) Beginning April 1, 2015, a business entity described in 12167
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code 12168
shall hold a license as a terminal distributor of dangerous drugs 12169
in order to possess, have custody or control of, and distribute 12170
dangerous drugs that are compounded or used for the purpose of 12171
compounding.12172

       Sec. 4729.65.  (A) Except as provided in division (B) of this 12173
section, all receipts of the state board of pharmacy, from any 12174
source, shall be deposited into the state treasury to the credit 12175
of the occupational licensing and regulatory fund. All vouchers of 12176
the board shall be approved by the president or executive director 12177
of the board, or both, as authorized by the board. All initial 12178
issuance fees and renewal fees required by sections 4729.01 to 12179
4729.54 of the Revised Code shall be payable by the applicant at 12180
the time of making application.12181

       (B)(1) There is hereby created in the state treasury the 12182
board of pharmacy drug law enforcement fund. All moneys that are 12183
derived from any fines, mandatory fines, or forfeited bail to 12184
which the board may be entitled under Chapter 2925., division (C) 12185
of section 2923.42, or division (B) of section 2925.42 of the 12186
Revised Code and all moneys that are derived from forfeitures of 12187
property to which the board may be entitled pursuant to Chapter 12188
2925. or 2981. of the Revised Code, any other provision of the 12189
Revised Code, or federal law shall be deposited into the fund. 12190
Subject to division (B)(2) of this section, division (B) of 12191
section 2923.44, and divisions (B), (C), and (D) of section 12192
2981.13 of the Revised Code, the moneys in the fund shall be used 12193
solely to subsidize the drug law enforcement efforts of the board.12194

       (2) Notwithstanding any contrary provision in the Revised 12195
Code, moneys that are derived from forfeitures of property 12196
pursuant to federal law and that are deposited into the board of 12197
pharmacy drug law enforcement fund in accordance with division 12198
(B)(1) of this section shall be used and accounted for in 12199
accordance with the applicable federal law, and the board 12200
otherwise shall comply with that law in connection with the 12201
moneys.12202

       (C) All fines and forfeited bonds assessed and collected 12203
under prosecution or prosecution commenced in the enforcement of 12204
this chapter shall be paid to the executive director of the board 12205
within thirty days and by the executive director paid into the 12206
state treasury to the credit of the occupational licensing and 12207
regulatory fund. The12208

       (D)(1) Except as provided in divisions (D)(2) and (3) of this 12209
section, the board, subject to the approval of the controlling 12210
board and except for fees required to be established by the board 12211
at amounts "adequate" to cover designated expenses, may establish 12212
fees in excess of the amounts provided by this chapter, provided 12213
that such fees do not exceed the amounts permitted by this chapter 12214
by more than fifty per cent.12215

       (2) Division (D)(1) of this section does not apply to fees 12216
required by this chapter to be established at amounts adequate to 12217
cover designated expenses.12218

       (3) Fees established under division (D)(1) of this section or 12219
described in division (D)(2) of this section are subject to the 12220
limitation on fee increases specified in division (A) of section 12221
4729.83 of the Revised Code.12222

       Sec. 4729.83. (A) If the state board of pharmacy establishes 12223
and maintains a drug database pursuant to section 4729.75 of the 12224
Revised Code, the board may use, for the purpose of establishing 12225
or maintaining the database, any portion of the fees collected 12226
under section 4729.15, 4729.52, or 4729.54 of the Revised Code for 12227
the licensing or registration of pharmacists, pharmacy interns, 12228
wholesale distributors of dangerous drugs, or terminal 12229
distributors of dangerous drugs. The board shall not increase the 12230
amount of any of those fees solely for the purpose of establishing 12231
or maintaining the database.12232

       The board shall not impose any charge on a terminal 12233
distributor of dangerous drugs, pharmacist, or prescriber for the 12234
establishment or maintenance of the database. The board shall not 12235
charge any fees for the transmission of data to the database or 12236
for the receipt of information from the database, except that the 12237
board may charge a fee in accordance with rules adopted under 12238
section 4729.84 of the Revised Code to an individual who requests 12239
the individual's own database information under section 4729.80 of 12240
the Revised Code.12241

       (B) The board may accept grants, gifts, or donations for 12242
purposes of the drug database. Any money received shall be 12243
deposited into the state treasury to the credit of the drug 12244
database fund, which is hereby created. Money in the fund shall be 12245
used solely for purposes of the drug database.12246

       Sec. 4730.093.  When a physician assistant orders a test for 12247
the presence of Lyme disease in a patient, the physician assistant 12248
or physician assistant's delegate shall provide to the patient or 12249
patient's representative a written notice with the following 12250
information:12251

       "Your health care provider has ordered a test for the 12252
presence of Lyme disease. Current testing for Lyme disease can be 12253
problematic and may lead to false results. If you are tested for 12254
Lyme disease and the results are positive, this does not 12255
necessarily mean that you have contracted Lyme disease. In the 12256
alternative, if the results are negative, this does not 12257
necessarily mean that you have not contracted Lyme disease. If you 12258
continue to experience symptoms or have other health concerns, you 12259
should contact your health care provider and inquire about the 12260
appropriateness of additional testing or treatment."12261

       The physician assistant or physician assistant's delegate 12262
shall obtain a signature from the patient or patient's 12263
representative indicating receipt of the notice. The document 12264
containing the signature shall be kept in the patient's record.12265

       Sec. 4731.15.  (A)(1) The state medical board also shall 12266
regulate the following limited branches of medicine: massage 12267
therapy and cosmetic therapy, and to the extent specified in 12268
section 4731.151 of the Revised Code, naprapathy and 12269
mechanotherapy. The board shall adopt rules governing the limited 12270
branches of medicine under its jurisdiction. The rules shall be 12271
adopted in accordance with Chapter 119. of the Revised Code.12272

       (2) As used in this chapter, "cosmetic:12273

       (a) "Cosmetic therapy" means the permanent removal of hair 12274
from the human body through the use of electric modalities 12275
approved by the board for use in cosmetic therapy, and 12276
additionally may include the systematic friction, stroking, 12277
slapping, and kneading or tapping of the face, neck, scalp, or 12278
shoulders.12279

       (b) "Massage therapy" means the treatment of disorders of the 12280
human body by the manipulation of soft tissue through the 12281
systematic external application of massage techniques including 12282
touch, stroking, friction, vibration, percussion, kneading, 12283
stretching, compression, and joint movements within the normal 12284
physiologic range of motion; and adjunctive thereto, the external 12285
application of water, heat, cold, topical preparations, and 12286
mechanical devices.12287

       (B) A certificate to practice a limited branch of medicine 12288
issued by the state medical board is valid for a two-year period, 12289
except when an initial certificate is issued for a shorter period 12290
or when division (C)(2) of this section is applicable. The 12291
certificate may be renewed in accordance with division (C) of this 12292
section.12293

       (C)(1) Except as provided in division (C)(2) of this section, 12294
all of the following apply with respect to the renewal of 12295
certificates to practice a limited branch of medicine:12296

        (a) Each person seeking to renew a certificate to practice a 12297
limited branch of medicine shall apply for biennial registration 12298
with the state medical board on a renewal application form 12299
prescribed by the board. An applicant for renewal shall pay a 12300
biennial registration fee of one hundred dollars. 12301

       (b) At least six months before a certificate expires, the 12302
board shall mail or cause to be mailed a renewal notice to the 12303
certificate holder's last known address. 12304

       (c) At least three months before a certificate expires, the 12305
certificate holder shall submit the renewal application and 12306
biennial registration fee to the board.12307

       (2) Beginning with the 2009 registration period, the board 12308
shall implement a staggered renewal system that is substantially 12309
similar to the staggered renewal system the board uses under 12310
division (B) of section 4731.281 of the Revised Code.12311

       (D) All persons who hold a certificate to practice a limited 12312
branch of medicine issued by the state medical board shall provide 12313
the board written notice of any change of address. The notice 12314
shall be submitted to the board not later than thirty days after 12315
the change of address.12316

       (E) A certificate to practice a limited branch of medicine 12317
shall be automatically suspended if the certificate holder fails 12318
to renew the certificate in accordance with division (C) of this 12319
section. Continued practice after the suspension of the 12320
certificate to practice shall be considered as practicing in 12321
violation of sections 4731.34 and 4731.41 of the Revised Code. 12322

       If a certificate to practice has been suspended pursuant to 12323
this division for two years or less, it may be reinstated. The 12324
board shall reinstate the certificate upon an applicant's 12325
submission of a renewal application and payment of the biennial 12326
registration fee and the applicable monetary penalty. With regard 12327
to reinstatement of a certificate to practice cosmetic therapy, 12328
the applicant also shall submit with the application a 12329
certification that the number of hours of continuing education 12330
necessary to have a suspended certificate reinstated have been 12331
completed, as specified in rules the board shall adopt in 12332
accordance with Chapter 119. of the Revised Code. The penalty for 12333
reinstatement shall be twenty-five dollars. 12334

       If a certificate has been suspended pursuant to this division 12335
for more than two years, it may be restored. Subject to section 12336
4731.222 of the Revised Code, the board may restore the 12337
certificate upon an applicant's submission of a restoration 12338
application, the biennial registration fee, and the applicable 12339
monetary penalty and compliance with sections 4776.01 to 4776.04 12340
of the Revised Code. The board shall not restore to an applicant a 12341
certificate to practice unless the board, in its discretion, 12342
decides that the results of the criminal records check do not make 12343
the applicant ineligible for a certificate issued pursuant to 12344
section 4731.17 of the Revised Code. The penalty for restoration 12345
is fifty dollars.12346

       Sec. 4731.155. (A) Except as provided in division (D) of 12347
this section, each person holding a certificate to practice 12348
cosmetic therapy shall complete biennially not less than 12349
twenty-five hours of continuing cosmetic therapy education.12350

       Cosmetic therapists shall earn continuing education credits 12351
at the rate of one-half credit hour for each twenty-five to thirty 12352
minutes of instruction and one credit hour for each fifty to sixty 12353
minutes of instruction.12354

       (B) Only continuing education approved by the state medical 12355
board may be used to fulfill the requirements of division (A) of 12356
this section.12357

       (C) Each certified cosmetic therapist shall submit to the 12358
board at the time of biennial renewal pursuant to section 4731.15 12359
of the Revised Code a sworn affidavit, in a form acceptable to the 12360
board, attesting that the cosmetic therapist has completed 12361
continuing education programs in compliance with this section and 12362
listing the date, location, sponsor, subject matter, and hours 12363
completed of the programs.12364

       (D) The state medical board shallmay adopt rules providing 12365
for pro rata adjustments by month of the hours ofthat establish12366
continuing education required by this section for persons who 12367
first receive a certificate during a registration period or who 12368
have a registration period that is shorter or longer than two 12369
years because of the implementation of a staggered renewal system 12370
under section 4731.15 of the Revised Code.12371

       The board may excuse a cosmetic therapist from all or any 12372
part of the requirements of this section because of an unusual 12373
circumstance, emergency, or special hardship.12374

       (E) Failure to comply with the requirements of this section 12375
constitutes a failure to renew pursuant to section 4731.15 of the 12376
Revised Coderequirements for renewal under section 4731.15 of the 12377
Revised Code of a certificate to practice a limited branch of 12378
medicine. The rules shall be adopted in accordance with Chapter 12379
119. of the Revised Code.12380

       Sec. 4731.24.  Except as provided in sections 4731.281 and 12381
4731.40 of the Revised Code, all receipts of the state medical 12382
board, from any source, shall be deposited in the state treasury. 12383
Until July 1, 1998, the funds shall be deposited to the credit of 12384
the occupational licensing and regulatory fund. On and after July 12385
1, 1998, the funds shall be deposited to the credit of the state 12386
medical board operating fund, which is hereby created on July 1, 12387
1998. AllExcept as provided in section 4731.24 of the Revised 12388
Code, all funds deposited into the state treasury under this 12389
section shall be used solely for the administration and 12390
enforcement of this chapter and Chapters 4730., 4760., 4762., 12391
4774., and 4778. of the Revised Code by the board.12392

       Sec. 4731.241. (A) The state medical board may solicit and 12393
accept grants and services from public and private sources for the 12394
purpose of developing and maintaining programs that address 12395
patient safety and education, supply and demand of health care 12396
professionals, and information sharing with the public and the 12397
individuals regulated by the board. The board shall not solicit or 12398
accept a grant or service that would interfere with the board's 12399
independence or objectivity, as determined by the board.12400

       Money received by the board under this sectiondivision shall 12401
be deposited into the state treasury to the credit of the medical 12402
board education and patient safety fund, which is hereby created. 12403
The money shall be used solely in accordance with this section.12404

       (B) The board may accept from the state, a political 12405
subdivision of the state, or the federal government money that 12406
results from a fine, civil penalty, or seizure or forfeiture of 12407
property. Money received by the board under this division shall be 12408
deposited in accordance with section 4731.24 of the Revised Code. 12409
The money shall be used solely to further the investigation, 12410
enforcement, and compliance activities of the board.12411

       Sec. 4731.77.  When a physician orders a test for the 12412
presence of Lyme disease in a patient, the physician or 12413
physician's delegate shall provide to the patient or patient's 12414
representative a written notice with the following information:12415

       "Your health care provider has ordered a test for the 12416
presence of Lyme disease. Current testing for Lyme disease can be 12417
problematic and may lead to false results. If you are tested for 12418
Lyme disease and the results are positive, this does not 12419
necessarily mean that you have contracted Lyme disease. In the 12420
alternative, if the results are negative, this does not 12421
necessarily mean that you have not contracted Lyme disease. If you 12422
continue to experience symptoms or have other health concerns, you 12423
should contact your health care provider and inquire about the 12424
appropriateness of additional testing or treatment."12425

       The physician or physician's delegate shall obtain a 12426
signature from the patient or patient's representative indicating 12427
receipt of the notice. The document containing the signature shall 12428
be kept in the patient's record.12429

       Sec. 4737.045.  (A) To register as a scrap metal dealer or a 12430
bulk merchandise container dealer with the director of public 12431
safety as required by division (B) of section 4737.04 of the 12432
Revised Code, a person shall do all of the following:12433

       (1) Provide the name and street address of the dealer's place 12434
of business;12435

       (2) Provide the name of the primary owner of the business, 12436
and of the manager of the business, if the manager is not the 12437
primary owner;12438

       (3) Provide the electronic mail address of the business;12439

       (4) Provide confirmation that the dealer has the capabilities 12440
to electronically connect with the department of public safety for 12441
the purpose of sending and receiving information;12442

       (5) Provide any other information required by the director in 12443
rules the director adopts pursuant to sections 4737.01 to 4737.045 12444
of the Revised Code;12445

        (6) Pay an initial registration fee of two hundred dollars.12446

       (B) A person engaging in the business of a scrap metal dealer 12447
or a bulk merchandise container dealer in this state on or before 12448
the effective date of this sectionSeptember 28, 2012, shall 12449
register with the director not later than January 1, 2013. With 12450
respect to a person who commences engaging in the business of a 12451
scrap metal dealer or a bulk merchandise container dealer after 12452
the effective date of this sectionSeptember 28, 2012, the person 12453
shall register with the director pursuant to this section prior to 12454
commencing business as a scrap metal dealer or a bulk merchandise 12455
container dealer.12456

       (C) A registration issued to a scrap metal dealer or a bulk 12457
merchandise container dealer pursuant to this section is valid for 12458
a period of one year. A dealer shall renew the registration in 12459
accordance with the rules adopted by the director and pay a 12460
renewal fee of one hundred fifty dollars to cover the costs of 12461
operating and maintaining the registry created pursuant to 12462
division (E) of this section.12463

       (D) A scrap metal dealer or a bulk merchandise container 12464
dealer registered under this section shall prominently display a 12465
copy of the annual registration certificate received from the 12466
director pursuant to division (E)(2) of this section.12467

       (E) The director shall do all of the following:12468

       (1) Develop and implement, by January 1, 2014, and maintain 12469
as a registry a secure database for use by law enforcement 12470
agencies that is capable of all of the following:12471

       (a) Receiving and securely storing all of the information 12472
required by division (A) of this section and the daily transaction 12473
data that scrap metal dealers and bulk merchandise dealers are 12474
required to send pursuant to division (E)(1) of section 4737.04 of 12475
the Revised Code;12476

       (b) Providing secure search capabilities to law enforcement 12477
agencies for enforcement purposes;12478

       (c) Creating a link and retransmission capability for receipt 12479
of routine scrap theft alerts published by the institute of scrap 12480
recycling industries for transmission to dealers and law 12481
enforcement agencies in the state;12482

       (d) Making the electronic lists prepared pursuant to division 12483
(F)(2) of section 4737.04 of the Revised Code available through an 12484
electronic searchable format for individual law enforcement 12485
agencies and for dealers in the state;12486

       (e) Providing, without charge, interlink programming enabling 12487
the transfer of information to dealers.12488

       (2) Issue, reissue, or deny registration to dealers;12489

       (3) Adopt rules to enforce sections 4737.01 to 4737.045 of 12490
the Revised Code, rules establishing procedures to renew a 12491
registration issued under this section, rules for the format and 12492
maintenance for the records required under division (A) of section 12493
4737.012 of the Revised Code or division (C) of section 4737.04 of 12494
the Revised Code, and rules regarding the delivery of the report 12495
required by division (E)(1) of section 4737.04 of the Revised Code 12496
to the registry, which shall be used exclusively by law 12497
enforcement agencies.12498

       (F) A scrap metal dealer or bulk merchandise container dealer 12499
may search, modify, or update only the dealer's own business data 12500
contained within the registry established in division (E) of this 12501
section.12502

        (G) All fees received by the director pursuant to this 12503
section and division (F) of section 4737.99 of the Revised Code 12504
shall be used to develop and maintain the registry required under 12505
this section. The fees shall be deposited into the security, 12506
investigations, and policinginfrastructure protection fund which 12507
is hereby created in section 4501.11 of the Revised Codethe state 12508
treasury. 12509

       Sec. 4741.49.  (A) A person holding a license, limited 12510
license, or temporary permit to practice veterinary medicine who 12511
orders a test for the presence of Lyme disease in an animal under 12512
the person's care may report to the department of health any test 12513
result indicating the presence of the disease.12514

       (B) The director of health may adopt rules regarding the 12515
submission of reports described in this section. If rules are 12516
adopted, the rules shall be adopted in accordance with Chapter 12517
119. of the Revised Code.12518

       Sec. 4758.01. As used in this chapter:12519

       (A) "Accredited educational institution" means an educational 12520
institution accredited by an accrediting agency accepted by the 12521
Ohio board of regents.12522

       (B)(1) "Alcohol and other drug clinical counseling 12523
principles, methods, or procedures" means an approach to chemical 12524
dependency counseling that emphasizes the chemical dependency 12525
counselor's role in systematically assisting clients through all 12526
of the following:12527

       (a) Analyzing background and current information;12528

       (b) Exploring possible solutions;12529

       (c) Developing and providing a treatment plan;12530

       (d) In the case of an independent chemical dependency 12531
counselor-clinical supervisor, independent chemical dependency 12532
counselor, or chemical dependency counselor III only, diagnosing 12533
chemical dependency conditions.12534

       (2) "Alcohol and other drug clinical counseling principles, 12535
methods, or procedures" includes counseling, assessing, 12536
consulting, and referral as they relate to chemical dependency 12537
conditions.12538

       (C) "Alcohol and other drug prevention services" means a 12539
planned process of strategies and activities designed to preclude 12540
the onset of the use of alcohol and other drugs, reduce 12541
problematic use of alcohol and other drugs, or both.12542

       (D) "Chemical dependency conditions" means those conditions 12543
relating to the abuse of or dependency on alcohol or other drugs 12544
that are classified in accepted nosologies, including the 12545
diagnostic and statistical manual of mental disorders and the 12546
international classification of diseases, and in editions of those 12547
nosologies published after December 23, 2002.12548

       (E) "Chemical dependency counseling" means rendering or 12549
offering to render to individuals, groups, or the public a 12550
counseling service involving the application of alcohol and other 12551
drug clinical counseling principles, methods, or procedures to 12552
assist individuals who are abusing or dependent on alcohol or 12553
other drugs.12554

       (F) "Pathological and problem gambling" means a persistent 12555
and recurring maladaptive gambling behavior that is classified in 12556
accepted nosologies, including the diagnostic and statistical 12557
manual of mental disorders and the international classification of 12558
diseases, and in editions of those nosologies published after the 12559
effective date of this section.12560

       (G) Unless the context provides otherwise, "scope of 12561
practice" means the services, methods, and techniques in which and 12562
the areas for which a person who holds a license or, certificate, 12563
or endorsement under this chapter is trained and qualified.12564

       (G)(H) "Substance abuse professional" has the same meaning as 12565
in 49 C.F.R. 40.3.12566

       (H)(I) "U.S. department of transportation drug and alcohol 12567
testing program" means a transportation workplace drug and alcohol 12568
testing program governed by 49 C.F.R. part 40.12569

       Sec. 4758.02. (A) Except as provided in section 4758.03 of 12570
the Revised Code, no person shall do any of the following:12571

       (1) Engage in or represent to the public that the person 12572
engages in chemical dependency counseling for a fee, salary, or 12573
other consideration unless the person holds a valid independent 12574
chemical dependency counselor-clinical supervisor license, 12575
independent chemical dependency counselor license, chemical 12576
dependency counselor III license, chemical dependency counselor II 12577
license, or chemical dependency counselor assistant certificate 12578
issued under this chapter;12579

       (2) Use the title "licensed independent chemical dependency 12580
counselor-clinical supervisor," "LICDC-CS," "licensed independent 12581
chemical dependency counselor," "LICDC," "licensed chemical 12582
dependency counselor III," "LCDC III," "licensed chemical 12583
dependency counselor II," "LCDC II," "chemical dependency 12584
counselor assistant," "CDCA," or any other title or description 12585
incorporating the word "chemical dependency counselor" or any 12586
other initials used to identify persons acting in those capacities 12587
unless currently authorized under this chapter to act in the 12588
capacity indicated by the title or initials;12589

       (3) Represent to the public that the person holds a 12590
pathological and problem gambling endorsement unless the person 12591
holds a valid pathological and problem gambling endorsement issued 12592
under this chapter;12593

       (4) Represent to the public that the person is a registered 12594
applicant unless the person holds a valid registered applicant 12595
certificate issued under this chapter;12596

       (4)(5) Use the title "certified prevention specialist II," 12597
"CPS II," "certified prevention specialist I," "CPS I," "certified 12598
prevention specialist assistant," "CPSA," "registered applicant," 12599
"RA," or any other title, description, or initials used to 12600
identify persons acting in those capacities unless currently 12601
authorized under this chapter to act in the capacity indicated by 12602
the title or initials.12603

       (B) No person shall engage in or represent to the public that 12604
the person engages in chemical dependency counseling as a chemical 12605
dependency counselor I.12606

       Sec. 4758.06. No individual who holds or has held a license12607
or, certificate, or endorsement issued under this chapter shall 12608
disclose any information regarding the identity, diagnosis, or 12609
treatment of any of the individual's clients or consumers except 12610
for the purposes and under the circumstances expressly authorized 12611
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that 12612
federal law, other federal law enacted after the effective date of 12613
this sectionDecember 23, 2002, to replace 42 U.S.C.A. 290dd-2, or 12614
regulations promulgated under the replacement federal law. The 12615
prohibition of this section applies whether or not the information 12616
is recorded.12617

       Sec. 4758.16. The chemical dependency professionals board 12618
shall not discriminate against any licensee, certificate holder, 12619
endorsement holder, or applicant for a license or, certificate, or 12620
endorsement under this chapter because of the individual's race, 12621
color, religion, gender, national origin, disability as defined in 12622
section 4112.01 of the Revised Code, or age. The board shall 12623
afford a hearing to any individual who files with the board a 12624
statement alleging discrimination based on any of those reasons.12625

       Sec. 4758.20. (A) The chemical dependency professionals board 12626
shall adopt rules to establish, specify, or provide for all of the 12627
following:12628

       (1) Fees for the purposes authorized by section 4758.21 of 12629
the Revised Code;12630

       (2) If the board, pursuant to section 4758.221 of the Revised 12631
Code, elects to administer examinations for individuals seeking to 12632
act as substance abuse professionals in a U.S. department of 12633
transportation drug and alcohol testing program, the board's 12634
administration of the examinations;12635

       (3) For the purpose of section 4758.23 of the Revised Code, 12636
codes of ethical practice and professional conduct for individuals 12637
who hold a license or, certificate, or endorsement issued under 12638
this chapter;12639

       (4) For the purpose of section 4758.24 of the Revised Code, 12640
all of the following:12641

       (a) Good moral character requirements for an individual who 12642
seeks or holds a license or, certificate, or endorsement issued 12643
under this chapter;12644

       (b) The documents that an individual seeking such a license 12645
or, certificate, or endorsement must submit to the board;12646

       (c) Requirements to obtain the license or, certificate, or 12647
endorsement that are in addition to the requirements established 12648
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 12649
4758.44, 4758.45, 4758.46, and 4758.47, and 4758.48 of the Revised 12650
Code. The additional requirements may include preceptorships.12651

       (d) The period of time that an individual whose registered 12652
applicant certificate has expired must wait before applying for a 12653
new registered applicant certificate.12654

       (5) For the purpose of section 4758.28 of the Revised Code, 12655
requirements for approval of continuing education courses of study 12656
for individuals who hold a license or, certificate, or endorsement12657
issued under this chapter;12658

       (6) For the purpose of section 4758.30 of the Revised Code, 12659
the intervention for and treatment of an individual holding a 12660
license or, certificate, or endorsement issued under this chapter 12661
whose abilities to practice are impaired due to abuse of or 12662
dependency on alcohol or other drugs or other physical or mental 12663
condition;12664

       (7) Requirements governing reinstatement of a suspended or 12665
revoked license or, certificate, or endorsement under division (B) 12666
of section 4758.30 of the Revised Code, including requirements for 12667
determining the amount of time an individual must wait to apply 12668
for reinstatement;12669

       (8) For the purpose of section 4758.31 of the Revised Code, 12670
methods of ensuring that all records the board holds pertaining to 12671
an investigation remain confidential during the investigation;12672

       (9) Criteria for employees of the board to follow when 12673
performing their duties under division (B) of section 4758.35 of 12674
the Revised Code;12675

       (10) For the purpose of division (A)(1) of section 4758.39 12676
and division (A)(1) of section 4758.40 of the Revised Code, course 12677
requirements for a degree in a behavioral science or nursing that 12678
shall, at a minimum, include at least forty semester hours in all 12679
of the following courses:12680

       (a) Theories of counseling and psychotherapy;12681

       (b) Counseling procedures;12682

       (c) Group process and techniques;12683

       (d) Relationship therapy;12684

       (e) Research methods and statistics;12685

       (f) Fundamentals of assessment and diagnosis, including 12686
measurement and appraisal;12687

       (g) Psychopathology;12688

       (h) Human development;12689

       (i) Cultural competence in counseling;12690

       (j) Ethics.12691

       (11) For the purpose of division (A)(3) of section 4758.39, 12692
division (A)(3) of section 4758.40, division (A)(3) of section 12693
4758.41, and division (A)(3) of section 4758.42 of the Revised 12694
Code, training requirements for chemical dependency that shall, at 12695
a minimum, include qualifications for the individuals who provide 12696
the training and instruction in all of the following courses:12697

       (a) Theories of addiction;12698

       (b) Counseling procedures and strategies with addicted 12699
populations;12700

       (c) Group process and techniques working with addicted 12701
populations;12702

       (d) Assessment and diagnosis of addiction;12703

       (e) Relationship counseling with addicted populations;12704

       (f) Pharmacology;12705

       (g) Prevention strategies;12706

       (h) Treatment planning;12707

       (i) Legal and ethical issues.12708

       (12) For the purpose of division (B)(2)(b) of section 4758.40 12709
and division (B)(2) of section 4758.41 of the Revised Code, 12710
requirements for the forty clock hours of training on the version 12711
of the diagnostic and statistical manual of mental disorders that 12712
is current at the time of the training, including the number of 12713
the clock hours that must be on substance-related disorders, the 12714
number of the clock hours that must be on chemical dependency 12715
conditions, and the number of the clock hours that must be on 12716
awareness of other mental and emotional disorders;12717

       (13) For the purpose of division (A)(1) of section 4758.41 of 12718
the Revised Code, course requirements for a degree in a behavioral 12719
science or nursing;12720

       (14) For the purpose of division (A) of section 4758.43 of 12721
the Revised Code, training requirements for chemical dependency 12722
counseling that shall, at a minimum, include qualifications for 12723
the individuals who provide the training and instruction in one or 12724
more of the courses listed in division (A)(10) of this section as 12725
selected by the individual seeking the chemical dependency 12726
counselor assistant certificate;12727

       (15) For the purpose of division (A)(2) of section 4758.44 of 12728
the Revised Code, the field of study in which an individual must 12729
obtain at least a bachelor's degree;12730

       (16) For the purpose of division (A)(3) of section 4758.44, 12731
division (A)(3) of section 4758.45, and division (D) of section 12732
4758.46 of the Revised Code, requirements for prevention-related 12733
education;12734

       (17) For the purpose of division (A)(4) of section 4758.44 of 12735
the Revised Code, the number of hours of administrative or 12736
supervisory education that an individual must have;12737

       (18) For the purpose of division (A)(2) of section 4758.45 of 12738
the Revised Code, the field of study in which an individual must 12739
obtain at least an associate's degree;12740

       (19) Standards for the one hundred hours of compensated work 12741
or supervised internship in pathological and problem gambling 12742
direct clinical experience required by division (B)(2) of section 12743
4758.48 of the Revised Code;12744

       (20) For the purpose of section 4758.51 of the Revised Code, 12745
continuing education requirements for individuals who hold a 12746
license or, certificate, or endorsement issued under this chapter;12747

       (20)(21) For the purpose of section 4758.51 of the Revised 12748
Code, the number of hours of continuing education that an 12749
individual must complete to have an expired license or,12750
certificate, or endorsement restored under section 4758.26 of the 12751
Revised Code;12752

       (21)(22) For the purpose of divisions (A) and (B) of section 12753
4758.52 of the Revised Code, training requirements for chemical 12754
dependency counseling;12755

       (22)(23) The duties, which may differ, of all of the 12756
following:12757

       (a) An independent chemical dependency counselor-clinical 12758
supervisor licensed under this chapter who supervises a chemical 12759
dependency counselor III under section 4758.56 of the Revised 12760
Code; 12761

       (b) An independent chemical dependency counselor-clinical 12762
supervisor, independent chemical dependency counselor, or chemical 12763
dependency counselor III licensed under this chapter who 12764
supervises a chemical dependency counselor assistant under section 12765
4758.59 of the Revised Code; 12766

       (c) A prevention specialist II or prevention specialist I 12767
certified under this chapter or independent chemical dependency 12768
counselor-clinical supervisor, independent chemical dependency 12769
counselor, or chemical dependency counselor III licensed under 12770
this chapter who supervises a prevention specialist assistant or 12771
registered applicant under section 4758.61 of the Revised Code. 12772

       (23)(24) The duties of an independent chemical dependency 12773
counselor licensed under this chapter who holds the pathological 12774
and problem gambling endorsement who supervises a chemical 12775
dependency counselor III with the pathological and problem 12776
gambling endorsement under section 4758.62 of the Revised Code.12777

       (25) Anything else necessary to administer this chapter.12778

       (B) All rules adopted under this section shall be adopted in 12779
accordance with Chapter 119. of the Revised Code and any 12780
applicable federal laws and regulations. 12781

       (C) When it adopts rules under this section, the board may 12782
consider standards established by any national association or 12783
other organization representing the interests of those involved in 12784
chemical dependency counseling or alcohol and other drug 12785
prevention services.12786

       Sec. 4758.21. (A) In accordance with rules adopted under 12787
section 4758.20 of the Revised Code and subject to division (B) of 12788
this section, the chemical dependency professionals board shall 12789
establish, and may from time to time adjust, fees to be charged 12790
for the following:12791

       (1) Admitting an individual to an examination administered 12792
pursuant to section 4758.22 of the Revised Code;12793

       (2) Issuing an initial independent chemical dependency 12794
counselor-clinical supervisor license, independent chemical 12795
dependency counselor license, chemical dependency counselor III 12796
license, chemical dependency counselor II license, chemical 12797
dependency counselor assistant certificate, prevention specialist 12798
II certificate, prevention specialist I certificate, prevention 12799
specialist assistant certificate, or registered applicant 12800
certificate;12801

       (3) Issuing an initial pathological and problem gambling 12802
endorsement;12803

       (4) Renewing an independent chemical dependency 12804
counselor-clinical supervisor license, independent chemical 12805
dependency counselor license, chemical dependency counselor III 12806
license, chemical dependency counselor II license, chemical 12807
dependency counselor assistant certificate, prevention specialist 12808
II certificate, prevention specialist I certificate, or prevention 12809
specialist assistant certificate;12810

       (4)(5) Renewing a pathological and problem gambling 12811
endorsement;12812

       (6) Approving continuing education courses under section 12813
4758.28 of the Revised Code;12814

       (5)(7) Doing anything else the board determines necessary to 12815
administer this chapter.12816

       (B) The fees established under division (A) of this section 12817
are nonrefundable. They shall be in amounts sufficient to cover 12818
the necessary expenses of the board in administering this chapter 12819
and rules adopted under it. The fees for a license or,12820
certificate, or endorsement and the renewal of a license or,12821
certificate, or endorsement may differ for the various types of 12822
licenses and, certificates, or endorsements, but shall not exceed 12823
one hundred seventy-five dollars each, unless the board determines 12824
that amounts in excess of one hundred seventy-five dollars are 12825
needed to cover its necessary expenses in administering this 12826
chapter and rules adopted under it and the amounts in excess of 12827
one hundred seventy-five dollars are approved by the controlling 12828
board.12829

       (C) All vouchers of the board shall be approved by the 12830
chairperson or executive director of the board, or both, as 12831
authorized by the board.12832

       Sec. 4758.23. (A) In rules adopted under section 4758.20 of 12833
the Revised Code, the chemical dependency professionals board 12834
shall establish codes of ethical practice and professional conduct 12835
for the following:12836

       (1) Individuals who hold a valid independent chemical 12837
dependency counselor-clinical supervisor license, independent 12838
chemical dependency counselor license, chemical dependency 12839
counselor III license, chemical dependency counselor II license, 12840
or chemical dependency counselor assistant certificate issued 12841
under this chapter;12842

       (2) Individuals who hold a valid prevention specialist II 12843
certificate, prevention specialist I certificate, prevention 12844
specialist assistant certificate, or registered applicant 12845
certificate issued under this chapter;12846

       (3) Individuals who hold a valid pathological and problem 12847
gambling endorsement.12848

       (B) The codes for individuals identified under division 12849
(A)(1) of this section shall define unprofessional conduct, which 12850
shall include engaging in a dual relationship with a client, 12851
former client, consumer, or former consumer; committing an act of 12852
sexual abuse, misconduct, or exploitation of a client, former 12853
client, consumer, or former consumer; and, except as permitted by 12854
law, violating client or consumer confidentiality.12855

       (C) The codes for individuals identified under division 12856
(A)(1) of this section may be based on any codes of ethical 12857
practice and professional conduct developed by national 12858
associations or other organizations representing the interests of 12859
those involved in chemical dependency counseling. The codes for 12860
individuals identified under division (A)(2) of this section may 12861
be based on any codes of ethical practice and professional conduct 12862
developed by national associations or other organizations 12863
representing the interests of those involved in alcohol and other 12864
drug prevention services. The board may establish standards in the 12865
codes that are more stringent than those established by the 12866
national associations or other organizations.12867

       Sec. 4758.24. (A) The chemical dependency professionals board 12868
shall issue a license or, certificate, or endorsement under this 12869
chapter to an individual who meets all of the following 12870
requirements:12871

       (1) Is of good moral character as determined in accordance 12872
with rules adopted under section 4758.20 of the Revised Code;12873

       (2) Except as provided in section 4758.241 of the Revised 12874
Code, submits a properly completed application and all other 12875
documentation specified in rules adopted under section 4758.20 of 12876
the Revised Code;12877

       (3) Except as provided in section 4758.241 of the Revised 12878
Code, pays the fee established under section 4758.21 of the 12879
Revised Code for the license or, certificate, or endorsement that 12880
the individual seeks;12881

       (4) Meets the requirements to obtain the license or,12882
certificate, or endorsement that the individual seeks as specified 12883
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 12884
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;12885

       (5) Meets any additional requirements specified in rules 12886
adopted under section 4758.20 of the Revised Code to obtain the 12887
license or, certificate, or endorsement that the individual seeks.12888

       (B) The board shall not do either of the following:12889

       (1) Issue a certificate to practice as a chemical dependency 12890
counselor I;12891

       (2) Issue a new registered applicant certificate to an 12892
individual whose previous registered applicant certificate has 12893
been expired for less than the period of time specified in rules 12894
adopted under section 4758.20 of the Revised Code.12895

       Sec. 4758.26. (A) Subject to section 4758.30 of the Revised 12896
Code, a license or, certificate, or endorsement issued under this 12897
chapter expires the following period of time after it is issued:12898

       (1) In the case of an initial chemical dependency counselor 12899
assistant certificate, thirteen months;12900

       (2) In the case of any other license or, certificate, or 12901
endorsement, two years.12902

       (B) Subject to section 4758.30 of the Revised Code and except 12903
as provided in section 4758.27 of the Revised Code, the chemical 12904
dependency professionals board shall renew a license or,12905
certificate, or endorsement issued under this chapter in 12906
accordance with the standard renewal procedure established under 12907
Chapter 4745. of the Revised Code if the individual seeking the 12908
renewal pays the renewal fee established under section 4758.21 of 12909
the Revised Code and does the following:12910

       (1) In the case of an individual seeking renewal of an 12911
initial chemical dependency counselor assistant certificate, 12912
satisfies the additional training requirement established under 12913
section 4758.52 of the Revised Code;12914

       (2) In the case of any other individual, satisfies the 12915
continuing education requirements established under section 12916
4758.51 of the Revised Code.12917

       (C) Subject to section 4758.30 of the Revised Code and except 12918
as provided in section 4758.27 of the Revised Code, a license or,12919
certificate, or endorsement issued under this chapter that has 12920
expired may be restored if the individual seeking the restoration, 12921
not later than two years after the license or, certificate, or 12922
endorsement expires, applies for restoration of the license or,12923
certificate, or endorsement. The board shall issue a restored 12924
license or, certificate, or endorsement to the individual if the 12925
individual pays the renewal fee established under section 4758.21 12926
of the Revised Code and does the following:12927

       (1) In the case of an individual whose initial chemical 12928
dependency counselor assistant certificate expired, satisfies the 12929
additional training requirement established under section 4758.52 12930
of the Revised Code;12931

       (2) In the case of any other individual, satisfies the 12932
continuing education requirements established under section 12933
4758.51 of the Revised Code for restoring the license or,12934
certificate, or endorsement. 12935

       The board shall not require an individual to take an 12936
examination as a condition of having an expired license or,12937
certificate, or endorsement restored under this section.12938

       Sec. 4758.28. The chemical dependency professionals board 12939
shall approve, in accordance with rules adopted under section 12940
4758.20 of the Revised Code and subject to payment of the fee 12941
established under section 4758.21 of the Revised Code, continuing 12942
education courses of study for individuals who hold a license or,12943
certificate, or endorsement issued under this chapter.12944

       Sec. 4758.29.  On receipt of a notice pursuant to section 12945
3123.43 of the Revised Code, the chemical dependency professionals 12946
board shall comply with sections 3123.41 to 3123.50 of the Revised 12947
Code and any applicable rules adopted under section 3123.63 of the 12948
Revised Code with respect to a license or, certificate, or 12949
endorsement issued pursuant to this chapter.12950

       Sec. 4758.30. (A) The chemical dependency professionals 12951
board, in accordance with Chapter 119. of the Revised Code, may 12952
refuse to issue a license or, certificate, or endorsement applied 12953
for under this chapter; refuse to renew or restore a license or,12954
certificate, or endorsement issued under this chapter; suspend, 12955
revoke, or otherwise restrict a license or, certificate, or 12956
endorsement issued under this chapter; or reprimand an individual 12957
holding a license or, certificate, or endorsement issued under 12958
this chapter. These actions may be taken by the board regarding 12959
the applicant for a license or, certificate, or endorsement or the 12960
individual holding a license or, certificate, or endorsement for 12961
one or more of the following reasons:12962

       (1) Violation of any provision of this chapter or rules 12963
adopted under it;12964

       (2) Knowingly making a false statement on an application for 12965
a license or, certificate, or endorsement or for renewal, 12966
restoration, or reinstatement of a license or, certificate, or 12967
endorsement;12968

       (3) Acceptance of a commission or rebate for referring an 12969
individual to a person who holds a license or certificate issued 12970
by, or who is registered with, an entity of state government, 12971
including persons practicing chemical dependency counseling, 12972
alcohol and other drug prevention services, pathological and 12973
problem gambling counseling, or fields related to chemical 12974
dependency counseling, pathological and problem gambling 12975
counseling, or alcohol and other drug prevention services;12976

       (4) Conviction in this or any other state of any crime that 12977
is a felony in this state;12978

       (5) Conviction in this or any other state of a misdemeanor 12979
committed in the course of practice as an independent chemical 12980
dependency counselor-clinical supervisor, independent chemical 12981
dependency counselor, chemical dependency counselor III, chemical 12982
dependency counselor II, chemical dependency counselor assistant, 12983
prevention specialist II, pathological and problem gambling 12984
endorsee, prevention specialist I, prevention specialist 12985
assistant, or registered applicant;12986

       (6) Inability to practice as an independent chemical 12987
dependency counselor-clinical supervisor, independent chemical 12988
dependency counselor, chemical dependency counselor III, chemical 12989
dependency counselor II, chemical dependency counselor assistant, 12990
pathological and problem gambling endorsee, prevention specialist 12991
II, prevention specialist I, prevention specialist assistant, or 12992
registered applicant due to abuse of or dependency on alcohol or 12993
other drugs or other physical or mental condition;12994

       (7) Practicing outside the individual's scope of practice;12995

       (8) Practicing without complying with the supervision 12996
requirements specified under section 4758.56, 4758.59, or 4758.61, 12997
or 4758.62 of the Revised Code;12998

       (9) Violation of the code of ethical practice and 12999
professional conduct for chemical dependency counseling or,13000
alcohol and other drug prevention, or pathological and problem 13001
gambling counseling services adopted by the board pursuant to 13002
section 4758.23 of the Revised Code;13003

       (10) Revocation of a license or, certificate, or endorsement13004
or voluntary surrender of a license or, certificate, or 13005
endorsement in another state or jurisdiction for an offense that 13006
would be a violation of this chapter.13007

       (B) An individual whose license or, certificate, or 13008
endorsement has been suspended or revoked under this section may 13009
apply to the board for reinstatement after an amount of time the 13010
board shall determine in accordance with rules adopted under 13011
section 4758.20 of the Revised Code. The board may accept or 13012
refuse an application for reinstatement. The board may require an 13013
examination for reinstatement of a license or, certificate, or 13014
endorsement that has been suspended or revoked.13015

       Sec. 4758.31. The chemical dependency professionals board 13016
shall investigate alleged violations of this chapter or the rules 13017
adopted under it and alleged irregularities in the delivery of 13018
chemical dependency counseling services, pathological and problem 13019
gambling counseling services, or alcohol and other drug prevention 13020
services by individuals who hold a license or, certificate, or 13021
endorsement issued under this chapter. As part of an 13022
investigation, the board may issue subpoenas, examine witnesses, 13023
and administer oaths.13024

       The board may receive any information necessary to conduct an 13025
investigation under this section that has been obtained in 13026
accordance with federal laws and regulations. If the board is 13027
investigating the provision of chemical dependency counseling 13028
services or pathological and problem gambling counseling services13029
to a couple or group, it is not necessary for both members of the 13030
couple or all members of the group to consent to the release of 13031
information relevant to the investigation.13032

       The board shall ensure, in accordance with rules adopted 13033
under section 4758.20 of the Revised Code, that all records it 13034
holds pertaining to an investigation remain confidential during 13035
the investigation. After the investigation, the records are public 13036
records except as otherwise provided by federal or state law.13037

       Sec. 4758.35. (A) An individual seeking a license or,13038
certificate, or endorsement issued under this chapter shall file 13039
with the chemical dependency professionals board a written 13040
application on a form prescribed by the board. Each form shall 13041
state that a false statement made on the form is the crime of 13042
falsification under section 2921.13 of the Revised Code.13043

       (B) The board shall require an individual or individuals 13044
employed by the board under section 4758.15 of the Revised Code to 13045
do both of the following in accordance with criteria established 13046
by rules adopted under section 4758.20 of the Revised Code:13047

       (1) Receive and review all applications submitted to the 13048
board;13049

       (2) Submit to the board all applications the individual or 13050
individuals recommend the board review based on the criteria 13051
established in the rules.13052

       (C) The board shall review all applications submitted to the 13053
board pursuant to division (B)(2) of this section.13054

       Sec. 4758.36. As part of the review process under division 13055
(C) of section 4758.35 of the Revised Code of an application 13056
submitted by an applicant who has obtained the applicant's 13057
education, experience in chemical dependency counseling, 13058
pathological and problem gambling, or alcohol and other drug 13059
prevention services, or education and experience outside the 13060
United States, the chemical dependency professionals board shall 13061
determine whether the applicant's command of the English language 13062
and education or experience meet the standards required by this 13063
chapter and rules adopted under it.13064

       Sec. 4758.48.  An individual is not eligible for a 13065
pathological and problem gambling endorsement unless the 13066
individual meets the requirements of divisions (A) and (B) of this 13067
section.13068

       (A) The individual is one or more of the following:13069

       (1) An independent chemical dependency counselor, chemical 13070
dependency counselor III, or chemical dependency counselor II 13071
licensed under this chapter;13072

       (2) Authorized to practice medicine and surgery or 13073
osteopathic medicine and surgery under Chapter 4731. of the 13074
Revised Code;13075

       (3) A psychologist licensed under Chapter 4732. of the 13076
Revised Code;13077

       (4) A registered nurse licensed under Chapter 4723. of the 13078
Revised Code; or13079

       (5) A professional clinical counselor, professional 13080
counselor, independent social worker, social worker, independent 13081
marriage and family therapist, or marriage and family therapist 13082
licensed under Chapter 4757. of the Revised Code.13083

       An individual who is a registered nurse or a professional 13084
clinical counselor, professional counselor, independent social 13085
worker, social worker, independent marriage and family therapist, 13086
or marriage and family therapist is ineligible for the endorsement 13087
unless the endorsement is consistent with the individual's scope 13088
of practice.13089

       (B) Except as otherwise provided in this division, the 13090
individual has completed both of the following:13091

       (1) A minimum of thirty hours of training in pathological and 13092
problem gambling that meets the requirements prescribed in rules 13093
adopted under section 4758.20 of the Revised Code; and13094

       (2) A minimum of one hundred hours of compensated work or 13095
supervised internship in pathological and problem gambling direct 13096
clinical experience.13097

       An independent chemical dependency counselor, chemical 13098
dependency counselor III, or chemical dependency counselor II 13099
licensed under this chapter may be issued an initial pathological 13100
and problem gambling endorsement without having complied with 13101
division (B)(2) of this section, but the independent chemical 13102
dependency counselor, chemical dependency counselor III, or 13103
chemical dependency counselor II shall comply with division (B)(2) 13104
of this section before expiration of the initial endorsement. An 13105
independent chemical dependency counselor, chemical dependency 13106
counselor III, or chemical dependency counselor II who fails to 13107
comply with this paragraph is not entitled to renewal of the 13108
initial endorsement.13109

       Sec. 4758.50. An individual who holds a license or,13110
certificate, or endorsement issued under this chapter shall post 13111
the license or, certificate, or endorsement in a prominent place 13112
at the individual's place of employment.13113

       Sec. 4758.51. (A) Except as provided in division (C) of this 13114
section and in accordance with rules adopted under section 4758.20 13115
of the Revised Code, each individual who holds a license or,13116
certificate, or endorsement issued under this chapter, other than 13117
an initial chemical dependency counselor assistant certificate, 13118
shall complete during the period that the license or, certificate, 13119
or endorsement is in effect not less than the following number of 13120
clock hours of continuing education as a condition of receiving a 13121
renewed license or, certificate, or endorsement:13122

       (1) In the case of an individual holding a prevention 13123
specialist assistant certificate, twenty;13124

       (2) In the case of an individual holding a pathological and 13125
problem gambling endorsement, six;13126

       (3) In the case of any other individual, forty. 13127

       (B) Except as provided in division (C) of this section, an 13128
individual whose license or, certificate, or endorsement issued 13129
under this chapter, other than an initial chemical dependency 13130
counselor assistant certificate, has expired shall complete the 13131
number of hours of continuing education specified in rules adopted 13132
under section 4758.20 of the Revised Code as a condition of 13133
receiving a restored license or, certificate, or endorsement.13134

       (C) The chemical dependency professionals board may waive the 13135
continuing education requirements established under this section 13136
for individuals who are unable to fulfill them because of military 13137
service, illness, residence outside the United States, or any 13138
other reason the board considers acceptable.13139

       Sec. 4758.60. An individual who holds a valid prevention 13140
specialist II certificate or prevention specialist I certificate 13141
issued under this chapter may engage in the practice of alcohol 13142
and other drug prevention services as specified in rules adopted 13143
under section 4758.20 of the Revised Code.13144

       Sec. 4758.62.  An individual who holds an independent 13145
chemical dependency counselor license and a pathological and 13146
problem gambling treatment endorsement may do all of the 13147
following:13148

       (A) Diagnose and treat pathological and problem gambling 13149
conditions;13150

       (B) Perform treatment planning, assessment, crisis 13151
intervention, individual and group counseling, case management, 13152
and educational services insofar as those functions relate to 13153
pathological and problem gambling;13154

       (C) Supervise pathological and problem gambling treatment 13155
counseling; and13156

       (D) Refer individuals with nonpathological and nonproblem 13157
gambling conditions to appropriate sources of help.13158

       Sec. 4758.63.  An individual who holds a chemical dependency 13159
counselor III license and a pathological and problem gambling 13160
endorsement may do all of the following:13161

       (A) Treat pathological and problem gambling conditions;13162

       (B) Diagnose pathological and problem gambling conditions 13163
under supervision;13164

       (C) Perform treatment planning, assessment, crisis 13165
intervention, individual and group counseling, case management, 13166
and educational services insofar as those functions relate to 13167
pathological and problem gambling;13168

       (D) Supervise pathological and problem gambling treatment 13169
counseling under supervision; and13170

       (E) Refer individuals having nonpathological and nonproblem 13171
gambling conditions to appropriate sources of help.13172

       The supervision required by divisions (B) and (D) of this 13173
section shall be provided by an independent chemical dependency 13174
counselor licensed under this chapter; an individual authorized to 13175
practice medicine and surgery or osteopathic medicine and surgery 13176
under Chapter 4731. of the Revised Code; a psychologist licensed 13177
under Chapter 4732. of the Revised Code; a registered nurse 13178
licensed under Chapter 4723. of the Revised Code; or a 13179
professional clinical counselor, independent social worker, or 13180
independent marriage and family therapist licensed under Chapter 13181
4757. of the Revised Code. A registered nurse or a professional 13182
clinical counselor, independent social worker, or independent 13183
marriage and family therapist is not qualified to provide 13184
supervision unless the individual holds a pathological and problem 13185
gambling endorsement.13186

       An individual holding a chemical dependency counselor III 13187
license shall not practice as an individual practitioner.13188

       Sec. 4758.64.  An individual who holds a chemical dependency 13189
counselor II license and a pathological and problem gambling 13190
endorsement may do all of the following:13191

       (A) Treat pathological and problem gambling conditions;13192

       (B) Perform treatment planning, assessment, crisis 13193
intervention, individual and group counseling, case management, 13194
and educational services insofar as those functions relate to 13195
pathological and problem gambling; and13196

       (C) Refer individuals having nonpathological and nonproblem 13197
gambling conditions to appropriate sources of help.13198

       An individual holding a chemical dependency II license shall 13199
not practice as an individual practitioner.13200

       Sec. 4758.71. Nothing in this chapter or the rules adopted 13201
under it authorizes an individual who holds a license or,13202
certificate, or endorsement issued under this chapter to admit a 13203
patient to a hospital or requires a hospital to allow any such 13204
individual to admit a patient.13205

       Sec. 4905.911.  (A)(1) Except as provided in division (A)(2) 13206
of this section:13207

       (a) The public utilities commission shall require an operator 13208
of either of the following types of pipelines that was completely 13209
constructed on or after the effective date of this section13210
September 10, 2012, and that transports gas produced by a 13211
horizontal well to comply with the applicable pipe design 13212
requirements of 49 C.F.R. 192 subpart C:13213

       (a)(i) A gas gathering pipeline;13214

       (b)(ii) A processing plant gas stub pipeline.13215

        (2)(b) The commission shall also require the operator to do 13216
all of the following regarding that pipeline:13217

       (a)(i) Design, install, construct, initially inspect, and 13218
initially test the pipeline in accordance with the requirements of 13219
49 C.F.R. 192 if the pipeline is new, replaced, relocated, or 13220
otherwise changed;13221

       (b)(ii) Control corrosion according to requirements of 49 13222
C.F.R. 192 subpart I if the pipeline is metallic;13223

       (c)(iii) Establish and carry out a damage prevention program 13224
under 49 C.F.R. 192.614;13225

       (d)(iv) Establish and carry out a public education program 13226
under 49 C.F.R. 192.616;13227

       (e)(v) Establish the MAOP of the pipeline under 49 C.F.R. 13228
192.619;13229

       (f)(vi) Install and maintain pipeline markers according to 13230
the requirements for transmission lines under 49 C.F.R. 192.707; 13231

       (g)(vii) Perform leakage surveys according to requirements in 13232
49 C.F.R. 192.706;13233

       (h)(viii) Retain a record of each required leakage survey 13234
conducted under division (A)(2)(g)(1)(v)(vii) of this section and 13235
49 C.F.R. 192.706 for five years or until the next leakage survey 13236
is completed, whichever time period is longer.13237

       (2) The commission may, at its discretion and in accordance 13238
with subsection (d) of 49 U.S.C. 60118, waive compliance with a 13239
pipe design requirement of 49 C.F.R. 192 subpart C.13240

       (B)(1) Any person who plans to construct a pipeline subject 13241
to division (A) of this section after the effective date of this 13242
sectionSeptember 10, 2012, shall file with the public utilities 13243
commission division of pipeline safety a form approved by the 13244
division that includes all of the following information:13245

        (a) The route of the proposed pipeline;13246

        (b) The MAOP of the pipeline;13247

        (c) The outside diameter of the pipeline;13248

        (d) The wall thickness of the pipeline;13249

        (e) The material that the pipeline will be made of;13250

        (f) The yield strength of the pipeline.13251

        The form shall be filed with the division not later than 13252
twenty-one days prior to the commencement of construction of the 13253
pipeline.13254

        (2) Not later than sixty days after the completion of 13255
construction of a pipeline subject to division (B)(1) of this 13256
section, the operator of the pipeline shall file with the public 13257
utilities commission division of pipeline safety an explanation of 13258
the constructed pipeline's route and operating information. 13259

       (C) For purposes of this section:13260

       (1) "Horizontal well" has the same meaning as in section 13261
1509.01 of the Revised Code.13262

        (2) "Operator" means any person that owns, operates, manages, 13263
controls, or leases a gas gathering pipeline or a processing plant 13264
gas stub pipeline.13265

       Sec. 4923.02.  (A) As used in this chapter, "private motor 13266
carrier" does not include a person when engaged in any of the 13267
following in intrastate commerce:13268

       (1) The transportation of persons in taxicabs in the usual 13269
taxicab service;13270

       (2) The transportation of pupils in school busses operating 13271
to or from school sessions or school events;13272

       (3) The transportation of farm supplies to the farm or farm 13273
products from farm to market or to food fabricating plants;13274

       (4) The distribution of newspapers;13275

       (5) The transportation of crude petroleum incidental to 13276
gathering from wells and delivery to destination by pipe line;13277

       (6) The transportation of injured, ill, or deceased persons 13278
by hearse or ambulance; 13279

       (7) The transportation of compost (a combination of manure 13280
and sand or shredded bark mulch) or shredded bark mulch;13281

       (8) The transportation of persons in a ridesharing 13282
arrangement when any fee charged each person so transported is in 13283
such amount as to recover only the person's share of the costs of 13284
operating the motor vehicle for such purpose;13285

       (9) The operation of motor vehicles for contractors on public 13286
road work.13287

       (B) The public utilities commission may grant a motor carrier 13288
operating in intrastate commerce a temporary exemption from some 13289
or all of the provisions of this chapter and the rules adopted 13290
under it, when either of the following applies:13291

       (1) The governor of this state has declared an emergency.13292

       (2) The chairperson of the commission or the chairperson's 13293
designee has declared a transportation-specific emergency.13294

       (C) The commission may adopt rules not incompatible with the 13295
requirements of the United States department of transportation to 13296
provide exemptions to motor carriers operating in intrastate 13297
commerce not otherwise identified in divisions (A) and (B) of this 13298
section.13299

       (D) Divisions (A) to (C) of this section shall not be 13300
construed to relieve a person from compliance with either of the 13301
following:13302

       (1) Rules adopted under division (A)(2) of section 4923.04 of 13303
the Revised Code, division (E) of section 4923.06 of the Revised 13304
Code, division (B) of section 4923.07 of the Revised Code, and 13305
section 4923.11 of the Revised Code;13306

       (2) Rules regarding commercial driver's licenses adopted 13307
under division (A)(1) of section 4923.04 of the Revised Code;13308

       (3) Rules adopted under section 4921.15 of the Revised Code 13309
regarding uniform registration and permitting of carriers of 13310
hazardous materials and other applicable provisions of that 13311
section and division (H) of section 4921.19 of the Revised Code.13312

       Sec. 4928.64. (A)(1) As used in sections 4928.64 and 4928.65 13313
of the Revised Code, "alternative energy resource" means an 13314
advanced energy resource or renewable energy resource, as defined 13315
in section 4928.01 of the Revised Code that has a 13316
placed-in-service date of January 1, 1998, or after; a renewable 13317
energy resource created on or after January 1, 1998, by the 13318
modification or retrofit of any facility placed in service prior 13319
to January 1, 1998; or a mercantile customer-sited advanced energy 13320
resource or renewable energy resource, whether new or existing, 13321
that the mercantile customer commits for integration into the 13322
electric distribution utility's demand-response, energy 13323
efficiency, or peak demand reduction programs as provided under 13324
division (A)(2)(c) of section 4928.66 of the Revised Code, 13325
including, but not limited to, any of the following: 13326

       (a) A resource that has the effect of improving the 13327
relationship between real and reactive power; 13328

       (b) A resource that makes efficient use of waste heat or 13329
other thermal capabilities owned or controlled by a mercantile 13330
customer; 13331

       (c) Storage technology that allows a mercantile customer more 13332
flexibility to modify its demand or load and usage 13333
characteristics; 13334

       (d) Electric generation equipment owned or controlled by a 13335
mercantile customer that uses an advanced energy resource or 13336
renewable energy resource; 13337

       (e) Any advanced energy resource or renewable energy resource 13338
of the mercantile customer that can be utilized effectively as 13339
part of any advanced energy resource plan of an electric 13340
distribution utility and would otherwise qualify as an alternative 13341
energy resource if it were utilized directly by an electric 13342
distribution utility. 13343

       (2) For the purpose of this section and as it considers 13344
appropriate, the public utilities commission may classify any new 13345
technology as such an advanced energy resource or a renewable 13346
energy resource. 13347

       (B) By 2025 and thereafter, an electric distribution utility 13348
shall provide from alternative energy resources, including, at its 13349
discretion, alternative energy resources obtained pursuant to an 13350
electricity supply contract, a portion of the electricity supply 13351
required for its standard service offer under section 4928.141 of 13352
the Revised Code, and an electric services company shall provide a 13353
portion of its electricity supply for retail consumers in this 13354
state from alternative energy resources, including, at its 13355
discretion, alternative energy resources obtained pursuant to an 13356
electricity supply contract. That portion shall equal twenty-five 13357
per cent of the total number of kilowatt hours of electricity sold 13358
by the subject utility or company to any and all retail electric 13359
consumers whose electric load centers are served by that utility 13360
and are located within the utility's certified territory or, in 13361
the case of an electric services company, are served by the 13362
company and are located within this state. However, nothing in 13363
this section precludes a utility or company from providing a 13364
greater percentage. The baseline for a utility's or company's 13365
compliance with the alternative energy resource requirements of 13366
this section shall be the average of such total kilowatt hours it 13367
sold in the preceding three calendar years, except that the 13368
commission may reduce a utility's or company's baseline to adjust 13369
for new economic growth in the utility's certified territory or, 13370
in the case of an electric services company, in the company's 13371
service area in this state. 13372

       Of the alternative energy resources implemented by the 13373
subject utility or company by 2025 and thereafter: 13374

       (1) Half may be generated from advanced energy resources; 13375

       (2) At least half shall be generated from renewable energy 13376
resources, including one-half per cent from solar energy 13377
resources, in accordance with the following benchmarks: 13378

By end of year Renewable energy resources Solar energy resources 13379
2009 0.25% 0.004% 13380
2010 0.50% 0.010% 13381
2011 1% 0.030% 13382
2012 1.5% 0.060% 13383
2013 2% 0.090% 13384
2014 2.5% 0.12% 13385
2015 3.5% 0.15% 13386
2016 4.5% 0.18% 13387
2017 5.5% 0.22% 13388
2018 6.5% 0.26% 13389
2019 7.5% 0.3% 13390
2020 8.5% 0.34% 13391
2021 9.5% 0.38% 13392
2022 10.5% 0.42% 13393
2023 11.5% 0.46% 13394
2024 and each calendar year thereafter 12.5% 0.5% 13395

       (3) At least one-half of the renewable energy resources 13396
implemented by the utility or company shall be met through 13397
facilities located in this state; the remainder shall be met with 13398
resources that can be shown to be deliverable into this state. 13399

       (C)(1) The commission annually shall review an electric 13400
distribution utility's or electric services company's compliance 13401
with the most recent applicable benchmark under division (B)(2) of 13402
this section and, in the course of that review, shall identify any 13403
undercompliance or noncompliance of the utility or company that it 13404
determines is weather-related, related to equipment or resource 13405
shortages for advanced energy or renewable energy resources as 13406
applicable, or is otherwise outside the utility's or company's 13407
control. 13408

       (2) Subject to the cost cap provisions of division (C)(3) of 13409
this section, if the commission determines, after notice and 13410
opportunity for hearing, and based upon its findings in that 13411
review regarding avoidable undercompliance or noncompliance, but 13412
subject to division (C)(4) of this section, that the utility or 13413
company has failed to comply with any such benchmark, the 13414
commission shall impose a renewable energy compliance payment on 13415
the utility or company. 13416

       (a) The compliance payment pertaining to the solar energy 13417
resource benchmarks under division (B)(2) of this section shall be 13418
an amount per megawatt hour of undercompliance or noncompliance in 13419
the period under review, starting at four hundred fifty dollars 13420
for 2009, four hundred dollars for 2010 and 2011, and similarly 13421
reduced every two years thereafter through 2024 by fifty dollars, 13422
to a minimum of fifty dollars. 13423

       (b) The compliance payment pertaining to the renewable energy 13424
resource benchmarks under division (B)(2) of this section shall 13425
equal the number of additional renewable energy credits that the 13426
electric distribution utility or electric services company would 13427
have needed to comply with the applicable benchmark in the period 13428
under review times an amount that shall begin at forty-five 13429
dollars and shall be adjusted annually by the commission to 13430
reflect any change in the consumer price index as defined in 13431
section 101.27 of the Revised Code, but shall not be less than 13432
forty-five dollars. 13433

       (c) The compliance payment shall not be passed through by the 13434
electric distribution utility or electric services company to 13435
consumers. The compliance payment shall be remitted to the 13436
commission, for deposit to the credit of the advanced energy fund 13437
created under section 4928.61 of the Revised Code. Payment of the 13438
compliance payment shall be subject to such collection and 13439
enforcement procedures as apply to the collection of a forfeiture 13440
under sections 4905.55 to 4905.60 and 4905.64 of the Revised Code. 13441

       (3) An electric distribution utility or an electric services 13442
company need not comply with a benchmark under division (B)(1) or 13443
(2) of this section to the extent that its reasonably expected 13444
cost of that compliance exceeds its reasonably expected cost of 13445
otherwise producing or acquiring the requisite electricity by 13446
three per cent or more. The cost of compliance shall be calculated 13447
as though any exemption from taxes and assessments had not been 13448
granted under section 5727.75 of the Revised Code. 13449

       (4)(a) An electric distribution utility or electric services 13450
company may request the commission to make a force majeure 13451
determination pursuant to this division regarding all or part of 13452
the utility's or company's compliance with any minimum benchmark 13453
under division (B)(2) of this section during the period of review 13454
occurring pursuant to division (C)(2) of this section. The 13455
commission may require the electric distribution utility or 13456
electric services company to make solicitations for renewable 13457
energy resource credits as part of its default service before the 13458
utility's or company's request of force majeure under this 13459
division can be made. 13460

       (b) Within ninety days after the filing of a request by an 13461
electric distribution utility or electric services company under 13462
division (C)(4)(a) of this section, the commission shall determine 13463
if renewable energy resources are reasonably available in the 13464
marketplace in sufficient quantities for the utility or company to 13465
comply with the subject minimum benchmark during the review 13466
period. In making this determination, the commission shall 13467
consider whether the electric distribution utility or electric 13468
services company has made a good faith effort to acquire 13469
sufficient renewable energy or, as applicable, solar energy 13470
resources to so comply, including, but not limited to, by banking 13471
or seeking renewable energy resource credits or by seeking the 13472
resources through long-term contracts. Additionally, the 13473
commission shall consider the availability of renewable energy or 13474
solar energy resources in this state and other jurisdictions in 13475
the PJM interconnection regional transmission organization or its 13476
successor and the midwest system operator or its successor. 13477

       (c) If, pursuant to division (C)(4)(b) of this section, the 13478
commission determines that renewable energy or solar energy 13479
resources are not reasonably available to permit the electric 13480
distribution utility or electric services company to comply, 13481
during the period of review, with the subject minimum benchmark 13482
prescribed under division (B)(2) of this section, the commission 13483
shall modify that compliance obligation of the utility or company 13484
as it determines appropriate to accommodate the finding. 13485
Commission modification shall not automatically reduce the 13486
obligation for the electric distribution utility's or electric 13487
services company's compliance in subsequent years. If it modifies 13488
the electric distribution utility or electric services company 13489
obligation under division (C)(4)(c) of this section, the 13490
commission may require the utility or company, if sufficient 13491
renewable energy resource credits exist in the marketplace, to 13492
acquire additional renewable energy resource credits in subsequent 13493
years equivalent to the utility's or company's modified obligation 13494
under division (C)(4)(c) of this section. 13495

       (5) The commission shall establish a process to provide for 13496
at least an annual review of the alternative energy resource 13497
market in this state and in the service territories of the 13498
regional transmission organizations that manage transmission 13499
systems located in this state. The commission shall use the 13500
results of this study to identify any needed changes to the amount 13501
of the renewable energy compliance payment specified under 13502
divisions (C)(2)(a) and (b) of this section. Specifically, the 13503
commission may increase the amount to ensure that payment of 13504
compliance payments is not used to achieve compliance with this 13505
section in lieu of actually acquiring or realizing energy derived 13506
from renewable energy resources. However, if the commission finds 13507
that the amount of the compliance payment should be otherwise 13508
changed, the commission shall present this finding to the general 13509
assembly for legislative enactment. 13510

       (D)(1) The commission annually shall submit to the general 13511
assembly in accordance with section 101.68 of the Revised Code a 13512
report describing all of the following:13513

       (a) The compliance of electric distribution utilities and 13514
electric services companies with division (B) of this section;13515

       (b) The average annual cost of renewable energy credits 13516
purchased by utilities and companies for the year covered in the 13517
report;13518

       (c) Any strategy for utility and company compliance or for 13519
encouraging the use of alternative energy resources in supplying 13520
this state's electricity needs in a manner that considers 13521
available technology, costs, job creation, and economic impacts. 13522

       The commission shall begin providing the information 13523
described in division (D)(1)(b) of this section in each report 13524
submitted after the effective date of the amendment of this 13525
section by S.B. 315 of the 129th general assemblySeptember 10, 13526
2012. The commission shall allow and consider public comments on 13527
the report prior to its submission to the general assembly. 13528
Nothing in the report shall be binding on any person, including 13529
any utility or company for the purpose of its compliance with any 13530
benchmark under division (B) of this section, or the enforcement 13531
of that provision under division (C) of this section. 13532

       (2) The governor, in consultation with the commission 13533
chairperson, shall appoint an alternative energy advisory 13534
committee. The committee shall examine available technology for 13535
and related timetables, goals, and costs of the alternative energy 13536
resource requirements under division (B) of this section and shall 13537
submit to the commission a semiannual report of its 13538
recommendations. 13539

       (E) All costs incurred by an electric distribution utility in 13540
complying with the requirements of this section shall be 13541
bypassable by any consumer that has exercised choice of supplier 13542
under section 4928.03 of the Revised Code. 13543

       Sec. 4928.641.  (A) Except as provided in division (B) of 13544
this section and section 4928.642 of the Revised Code, the 13545
baseline for an electric distribution utility's or an electric 13546
services company's compliance with the alternative energy resource 13547
requirements of section 4928.64 of the Revised Code shall be the 13548
average of total kilowatt hours sold by the utility or company in 13549
the preceding three calendar years to the following:13550

       (1) In the case of an electric distribution utility, any and 13551
all retail electric consumers whose electric load centers are 13552
served by that utility and are located within the utility's 13553
certified territory;13554

       (2) In the case of an electric services company, any and all 13555
retail electric consumers who are served by the company and are 13556
located within this state.13557

       (B)(1) Beginning with compliance in calendar year 2017, a 13558
utility or company may choose for its baseline for compliance with 13559
the alternative energy resource requirements of section 4928.64 of 13560
the Revised Code to be the total kilowatt hours sold to the 13561
applicable consumers, as described in division (A)(1) or (2) of 13562
this section, in the preceding calendar year.13563

       (2) A utility or company choosing the baseline permitted 13564
under division (B)(1) of this section shall inform the public 13565
utilities commission by the first of October of the compliance 13566
year for which the baseline is to apply. The notice requirement of 13567
this division does not apply if the utility or company used the 13568
baseline under division (B)(1) of this section in the preceding 13569
compliance year.13570

       (C) A utility or company that uses the baseline permitted 13571
under division (B)(1) of this section may use the baseline 13572
described in division (A) of this section in any subsequent 13573
compliance year. A utility or company may make this switch only 13574
after informing the commission by the first of October of the 13575
compliance year for which the baseline described in division (A) 13576
of this section is to apply. A utility or company that makes this 13577
switch shall use the baseline described in division (A) of this 13578
section for at least three consecutive compliance years before 13579
again using the baseline permitted under division (B)(1) of this 13580
section.13581

       Sec. 4928.642.  The public utilities commission may reduce 13582
either baseline described in section 4928.641 of the Revised Code 13583
to adjust for new economic growth in the electric distribution 13584
utility's certified territory or in the electric services 13585
company's service area in this state.13586

       Sec. 5104.03.  (A) Any person, firm, organization, 13587
institution, or agency seeking to establish a child day-care 13588
center, type A family day-care home, or licensed type B family 13589
day-care home shall apply for a license to the director of job and 13590
family services on such form as the director prescribes. The 13591
director shall provide at no charge to each applicant for 13592
licensure a copy of the child care license requirements in this 13593
chapter and a copy of the rules adopted pursuant to this chapter. 13594
The copies may be provided in paper or electronic form.13595

       Fees shall be set by the director pursuant to sections 13596
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be 13597
paid at the time of application for a license to operate a center, 13598
type A home, or type B home. Fees collected under this section 13599
shall be paid into the state treasury to the credit of the general 13600
revenue fund.13601

       (B)(1) Upon filing of the application for a license, the 13602
director shall investigate and inspect the center, type A home, or 13603
type B home to determine the license capacity for each age 13604
category of children of the center, type A home, or type B home 13605
and to determine whether the center, type A home, or type B home 13606
complies with this chapter and rules adopted pursuant to this 13607
chapter. When, after investigation and inspection, the director is 13608
satisfied that this chapter and rules adopted pursuant to it are 13609
complied with, subject to division (H) of this section, a license 13610
shall be issued as soon as practicable in such form and manner as 13611
prescribed by the director. The license shall be designated as 13612
provisional and shall be valid for twelve months from the date of 13613
issuance unless revoked.13614

       (2) The director may contract with a government entity or a 13615
private nonprofit entity for the entity to inspect and license13616
type B family day-care homes pursuant to this section. If the 13617
director contracts with a government entity or private nonprofit 13618
entity for that purpose, the entity may contract with another 13619
government entity or private nonprofit entity for the other entity 13620
to inspect type B homes pursuant to this section. The department13621
director, government entity, or private nonprofit entity shall 13622
conduct thean inspection prior to the issuance of a license for 13623
thea type B home and, as part of that inspection, ensure that the 13624
type B home is safe and sanitary.13625

       (C)(1) On receipt of an application for licensure as a type B 13626
family day-care home to provide publicly funded child care, the 13627
departmentdirector shall search the uniform statewide automated 13628
child welfare information system for information concerning any 13629
abuse or neglect report made pursuant to section 2151.421 of the 13630
Revised Code of which the applicant, any other adult residing in 13631
the applicant's home, or a person designated by the applicant to 13632
be an emergency or substitute caregiver for the applicant is the 13633
subject.13634

       (2) The departmentdirector shall consider any information it 13635
discoversdiscovered pursuant to division (C)(1) of this section 13636
or that is provided by a public children services agency pursuant 13637
to section 5153.175 of the Revised Code. If the department13638
director determines that the information, when viewed within the 13639
totality of the circumstances, reasonably leads to the conclusion 13640
that the applicant may directly or indirectly endanger the health, 13641
safety, or welfare of children, the departmentdirector shall deny 13642
the application for licensure or revoke the license of a type B 13643
family day-care home. 13644

        (D) The director shall investigate and inspect the center, 13645
type A home, or type B home at least once during operation under a 13646
license designated as provisional. If after the investigation and 13647
inspection the director determines that the requirements of this 13648
chapter and rules adopted pursuant to this chapter are met, 13649
subject to division (H) of this section, the director shall issue 13650
a new license to the center or home.13651

        (E) Each license shall state the name of the licensee, the 13652
name of the administrator, the address of the center, type A home, 13653
or licensed type B home, and the license capacity for each age 13654
category of children. The license shall include thereon, in 13655
accordance with sections 5104.015, 5104.017, and 5104.018 of the 13656
Revised Code, the toll-free telephone number to be used by persons 13657
suspecting that the center, type A home, or licensed type B home 13658
has violated a provision of this chapter or rules adopted pursuant 13659
to this chapter. A license is valid only for the licensee, 13660
administrator, address, and license capacity for each age category 13661
of children designated on the license. The license capacity 13662
specified on the license is the maximum number of children in each 13663
age category that may be cared for in the center, type A home, or 13664
licensed type B home at one time.13665

       The center or type A home licensee shall notify the director 13666
when the administrator of the center or home changes. The director 13667
shall amend the current license to reflect a change in an 13668
administrator, if the administrator meets the requirements of this 13669
chapter and rules adopted pursuant to this chapter, or a change in 13670
license capacity for any age category of children as determined by 13671
the director of job and family services.13672

       (F) If the director revokes the license of a center, a type A 13673
home, or a type B home, the director shall not issue another 13674
license to the owner of the center, type A home, or type B home 13675
until five years have elapsed from the date the license is 13676
revoked. 13677

        If the director denies an application for a license, the 13678
director shall not accept another application from the applicant 13679
until five years have elapsed from the date the application is 13680
denied.13681

       (G) If during the application for licensure process the 13682
director determines that the license of the owner has been 13683
revoked, the investigation of the center, type A home, or type B 13684
home shall cease. This action does not constitute denial of the 13685
application and may not be appealed under division (H) of this 13686
section. 13687

       (H) All actions of the director with respect to licensing 13688
centers, type A homes, or type B homes, refusal to license, and 13689
revocation of a license shall be in accordance with Chapter 119. 13690
of the Revised Code. Any applicant who is denied a license or any 13691
owner whose license is revoked may appeal in accordance with 13692
section 119.12 of the Revised Code.13693

       (I) In no case shall the director issue a license under this 13694
section for a center, type A home, or type B home if the director, 13695
based on documentation provided by the appropriate county 13696
department of job and family services, determines that the 13697
applicant had been certified as a type B family day-care home when 13698
such certifications were issued by county departments prior to 13699
January 1, 2014, that the county department revoked that 13700
certification within the immediately preceding five years, that 13701
the revocation was based on the applicant's refusal or inability 13702
to comply with the criteria for certification, and that the 13703
refusal or inability resulted in a risk to the health or safety of 13704
children.13705

       (J)(1) Except as provided in division (J)(2) of this section, 13706
an administrator of a type B family day-care home that receives a 13707
license pursuant to this section to provide publicly funded child 13708
care is an independent contractor and is not an employee of the 13709
department of job and family services.13710

       (2) For purposes of Chapter 4141. of the Revised Code, 13711
determinations concerning the employment of an administrator of a 13712
type B family day-care home that receives a license pursuant to 13713
this section shall be determined under Chapter 4141. of the 13714
Revised Code.13715

       Sec. 5104.34.  (A)(1) Each county department of job and 13716
family services shall implement procedures for making 13717
determinations of eligibility for publicly funded child care. 13718
Under those procedures, the eligibility determination for each 13719
applicant shall be made no later than thirty calendar days from 13720
the date the county department receives a completed application 13721
for publicly funded child care. Each applicant shall be notified 13722
promptly of the results of the eligibility determination. An 13723
applicant aggrieved by a decision or delay in making an 13724
eligibility determination may appeal the decision or delay to the 13725
department of job and family services in accordance with section 13726
5101.35 of the Revised Code. The due process rights of applicants 13727
shall be protected.13728

       To the extent permitted by federal law, the county department 13729
may make all determinations of eligibility for publicly funded 13730
child care, may contract with child care providers or child care 13731
resource and referral service organizations for the providers or 13732
resource and referral service organizations to make all or any 13733
part of the determinations, and may contract with child care 13734
providers or child care resource and referral service 13735
organizations for the providers or resource and referral service 13736
organizations to collect specified information for use by the 13737
county department in making determinations. If a county department 13738
contracts with a child care provider or a child care resource and 13739
referral service organization for eligibility determinations or 13740
for the collection of information, the contract shall require the 13741
provider or resource and referral service organization to make 13742
each eligibility determination no later than thirty calendar days 13743
from the date the provider or resource and referral organization 13744
receives a completed application that is the basis of the 13745
determination and to collect and transmit all necessary 13746
information to the county department within a period of time that 13747
enables the county department to make each eligibility 13748
determination no later than thirty days after the filing of the 13749
application that is the basis of the determination.13750

       The county department may station employees of the department 13751
in various locations throughout the county to collect information 13752
relevant to applications for publicly funded child care and to 13753
make eligibility determinations. The county department, child care 13754
provider, and child care resource and referral service 13755
organization shall make each determination of eligibility for 13756
publicly funded child care no later than thirty days after the 13757
filing of the application that is the basis of the determination, 13758
shall make each determination in accordance with any relevant 13759
rules adopted pursuant to section 5104.38 of the Revised Code, and 13760
shall notify promptly each applicant for publicly funded child 13761
care of the results of the determination of the applicant's 13762
eligibility.13763

       The director of job and family services shall adopt rules in 13764
accordance with Chapter 119. of the Revised Code for monitoring 13765
the eligibility determination process. In accordance with those 13766
rules, the state department shall monitor eligibility 13767
determinations made by county departments of job and family 13768
services and shall direct any entity that is not in compliance 13769
with this division or any rule adopted under this division to 13770
implement corrective action specified by the department.13771

       (2)(a) All eligibility determinations for publicly funded 13772
child care shall be made in accordance with rules adopted pursuant 13773
to division (A) of section 5104.38 of the Revised Code and, if a 13774
county department of job and family services specifies, pursuant 13775
to rules adopted under division (B) of that section, a maximum 13776
amount of income a family may have to be eligible for publicly 13777
funded child care, the income maximum specified by the county 13778
department. PubliclyExcept as otherwise provided in this section, 13779
both of the following apply:13780

       (i) Publicly funded child care may be provided only to 13781
eligible infants, toddlers, preschool-age children, and school-age 13782
children under age thirteen. For13783

       (ii) For an applicant to be eligible for publicly funded 13784
child care, the caretaker parent must be employed or participating 13785
in a program of education or training for an amount of time 13786
reasonably related to the time that the parent's children are 13787
receiving publicly funded child care. This restriction does not 13788
apply to families whose children are eligible for protective child 13789
care.13790

       (b) An applicant seeking publicly funded child care may be 13791
presumed eligible while the county department determines 13792
eligibility. If the county department determines that an applicant 13793
is not eligible for publicly funded child care, the applicant may 13794
continue to receive publicly funded child care for up to five days 13795
after that determination.13796

       (c) If a caretaker parent who has been determined eligible to 13797
receive publicly funded child care no longer meets the 13798
requirements of division (A)(2)(a)(ii) of this section, the 13799
caretaker parent may continue to receive publicly funded child 13800
care for a period of up to thirteen weeks until the caretaker 13801
parent meets those requirements. Such authorization may be given 13802
only once during a twelve-month period.13803

       Subject to available funds, a countythe department of job 13804
and family services shall allow a family to receive publicly 13805
funded child care unless the family's income exceeds the maximum 13806
income eligibility limit. Initial and continued eligibility for 13807
publicly funded child care is subject to available funds unless 13808
the family is receiving child care pursuant to division (A)(1), 13809
(2), (3), or (4) of section 5104.30 of the Revised Code. If the 13810
county department must limit eligibility due to lack of available 13811
funds, it shall give first priority for publicly funded child care 13812
to an assistance group whose income is not more than the maximum 13813
income eligibility limit that received transitional child care in 13814
the previous month but is no longer eligible because the 13815
twelve-month period has expired. Such an assistance group shall 13816
continue to receive priority for publicly funded child care until 13817
its income exceeds the maximum income eligibility limit.13818

       (3) An assistance group that ceases to participate in the 13819
Ohio works first program established under Chapter 5107. of the 13820
Revised Code is eligible for transitional child care at any time 13821
during the immediately following twelve-month period that both of 13822
the following apply:13823

       (a) The assistance group requires child care due to 13824
employment;13825

       (b) The assistance group's income is not more than one 13826
hundred fifty per cent of the federal poverty line.13827

       An assistance group ineligible to participate in the Ohio 13828
works first program pursuant to section 5101.83 or section 5107.16 13829
of the Revised Code is not eligible for transitional child care.13830

       (B) To the extent permitted by federal law, a countythe13831
department of job and family services may require a caretaker 13832
parent determined to be eligible for publicly funded child care to 13833
pay a fee according to the schedule of fees established in rules 13834
adopted under section 5104.38 of the Revised Code. Each county13835
The department shall make protective child care services available 13836
to children without regard to the income or assets of the 13837
caretaker parent of the child.13838

       (C) A caretaker parent receiving publicly funded child care 13839
shall report to the entity that determined eligibility any changes 13840
in status with respect to employment or participation in a program 13841
of education or training not later than ten calendar days after 13842
the change occurs.13843

       (D) If a countythe department of job and family services 13844
determines that available resources are not sufficient to provide 13845
publicly funded child care to all eligible families who request 13846
it, the county department may establish a waiting list. A county13847
The department may establish separate waiting lists within the 13848
waiting list based on income. When resources become available to 13849
provide publicly funded child care to families on the waiting 13850
list, a county department that establishes a waiting list shall 13851
assess the needs of the next family scheduled to receive publicly 13852
funded child care. If the assessment demonstrates that the family 13853
continues to need and is eligible for publicly funded child care, 13854
the county department shall offer it to the family. If the county 13855
department determines that the family is no longer eligible or no 13856
longer needs publicly funded child care, the county department 13857
shall remove the family from the waiting list.13858

       (E) A caretaker parent shall not receive full-time publicly 13859
funded child care from more than one child care provider per child 13860
during any period.13861

        (F) As used in this section, "maximum income eligibility 13862
limit" means the amount of income specified in rules adopted under 13863
division (A) of section 5104.38 of the Revised Code or, if a 13864
county department of job and family services specifies a higher 13865
amount pursuant to rules adopted under division (B) of that 13866
section, the amount the county department specifies.13867

       Sec. 5104.341.  (A) Except as provided in division (B) of 13868
this section, both of the following apply:13869

       (1) An eligibility determination made under section 5104.34 13870
of the Revised Code for publicly funded child care is valid for 13871
one year;13872

       (2).13873

       (B) The county department of job and family services shall 13874
adjust the appropriate level of a fee charged under division (B) 13875
of section 5104.34 of the Revised Code if a caretaker parent 13876
reports changes in income, family size, or both.13877

       (B) Division (A) of this section does not apply if the 13878
recipient of the publicly funded child care ceases to be eligible 13879
for publicly funded child care.13880

       Sec. 5104.38.  In addition to any other rules adopted under 13881
this chapter, the director of job and family services shall adopt 13882
rules in accordance with Chapter 119. of the Revised Code 13883
governing financial and administrative requirements for publicly 13884
funded child care and establishing all of the following:13885

       (A) Procedures and criteria to be used in making 13886
determinations of eligibility for publicly funded child care that 13887
give priority to children of families with lower incomes and 13888
procedures and criteria for eligibility for publicly funded 13889
protective child care. The rules shall specify the maximum amount 13890
of income a family may have for initial and continued eligibility. 13891
The maximum amount shall not exceed two hundred per cent of the 13892
federal poverty line. The rules may specify exceptions to the 13893
eligibility requirements in the case of a family that previously 13894
received publicly funded child care and is seeking to have the 13895
child care reinstated after the family's eligibility was 13896
terminated.13897

       (B) Procedures under which a county department of job and 13898
family services may, if the department, under division (A) of this 13899
section, specifies a maximum amount of income a family may have 13900
for eligibility for publicly funded child care that is less than 13901
the maximum amount specified in that division, specify a maximum 13902
amount of income a family residing in the county the county 13903
department serves may have for initial and continued eligibility 13904
for publicly funded child care that is higher than the amount 13905
specified by the department but does not exceed the maximum amount 13906
specified in division (A) of this section;13907

       (C) A schedule of fees requiring all eligible caretaker 13908
parents to pay a fee for publicly funded child care according to 13909
income and family size, which shall be uniform for all types of 13910
publicly funded child care, except as authorized by rule, and, to 13911
the extent permitted by federal law, shall permit the use of state 13912
and federal funds to pay the customary deposits and other advance 13913
payments that a provider charges all children who receive child 13914
care from that provider. The schedule of fees may not provide for 13915
a caretaker parent to pay a fee that exceeds ten per cent of the 13916
parent's family income.13917

       (D)(C) A formula for determining the amount of state and 13918
federal funds appropriated for publicly funded child care that may 13919
be allocated to a county department to use for administrative 13920
purposes;13921

       (E)(D) Procedures to be followed by the department and county 13922
departments in recruiting individuals and groups to become 13923
providers of child care;13924

       (F)(E) Procedures to be followed in establishing state or 13925
local programs designed to assist individuals who are eligible for 13926
publicly funded child care in identifying the resources available 13927
to them and to refer the individuals to appropriate sources to 13928
obtain child care;13929

       (G)(F) Procedures to deal with fraud and abuse committed by 13930
either recipients or providers of publicly funded child care;13931

       (H)(G) Procedures for establishing a child care grant or loan 13932
program in accordance with the child care block grant act;13933

       (I)(H) Standards and procedures for applicants to apply for 13934
grants and loans, and for the department to make grants and loans;13935

       (J)(I) A definition of "person who stands in loco parentis" 13936
for the purposes of division (KK)(1) of section 5104.01 of the 13937
Revised Code;13938

       (K)(J) Procedures for a county department of job and family 13939
services to follow in making eligibility determinations and 13940
redeterminations for publicly funded child care available through 13941
telephone, computer, and other means at locations other than the 13942
county department;13943

       (L)(K) If the director establishes a different reimbursement 13944
ceiling under division (E)(3)(d) of section 5104.30 of the Revised 13945
Code, standards and procedures for determining the amount of the 13946
higher payment that is to be issued to a child care provider based 13947
on the special needs of the child being served;13948

       (M)(L) To the extent permitted by federal law, procedures for 13949
paying for up to thirty days of child care for a child whose 13950
caretaker parent is seeking employment, taking part in employment 13951
orientation activities, or taking part in activities in 13952
anticipation of enrolling in or attending an education or training 13953
program or activity, if the employment or the education or 13954
training program or activity is expected to begin within the 13955
thirty-day period;13956

       (N)(M) Any other rules necessary to carry out sections 13957
5104.30 to 5104.43 of the Revised Code.13958

       Sec. 5119.21.  (A) The department of mental health and 13959
addiction services shall:13960

        (1) To the extent the department has available resources and 13961
in consultation with boards of alcohol, drug addiction, and mental 13962
health services, support a full spectrum of care for all levels of 13963
treatment services for opioid and co-occurring drug addiction and13964
a continuum of care for other services in accordance with Chapter 13965
340. of the Revised Code on a district or multi-district basis. 13966
The department shall define the essential elements of a full 13967
spectrum of care for all levels of treatment services for opioid 13968
and co-occurring drug addiction and a continuum of care for other 13969
services, shall assist in identifying resources, and may 13970
prioritize support for one or more of the elements of the 13971
continuum of care. The essential elements of a full spectrum of 13972
care for all levels of treatment services for opioid and 13973
co-occurring drug addiction shall include the services required by 13974
division (B) of section 340.09 of the Revised Code.13975

       (2) Provide training, consultation, and technical assistance 13976
regarding mental health and addiction services and appropriate 13977
prevention, recovery, and mental health promotion activities, 13978
including those that are culturally competent, to employees of the 13979
department, community mental health and addiction services 13980
providers, boards of alcohol, drug addiction, and mental health 13981
services, and other agencies providing mental health and addiction 13982
services;13983

        (3) To the extent the department has available resources, 13984
promote and support a full range of mental health and addiction 13985
services that are available and accessible to all residents of 13986
this state, especially for severely mentally disabled children, 13987
adolescents, adults, pregnant women, parents, guardians or 13988
custodians of children at risk of abuse or neglect, and other 13989
special target populations, including racial and ethnic 13990
minorities, as determined by the department;13991

       (4) Develop standards and measures for evaluating the 13992
effectiveness of mental health and addiction services, including 13993
services that use methadone treatment, of gambling addiction 13994
services, and for increasing the accountability of mental health 13995
and alcohol and addiction services providers and of gambling 13996
addiction services providers;13997

       (5) Design and set criteria for the determination of priority 13998
populations;13999

       (6) Promote, direct, conduct, and coordinate scientific 14000
research, taking ethnic and racial differences into consideration, 14001
concerning the causes and prevention of mental illness and 14002
addiction, methods of providing effective services and treatment, 14003
and means of enhancing the mental health of and recovery from 14004
addiction of all residents of this state;14005

       (7) Foster the establishment and availability of vocational 14006
rehabilitation services and the creation of employment 14007
opportunities for consumers of mental health and addiction 14008
services, including members of racial and ethnic minorities;14009

       (8) Establish a program to protect and promote the rights of 14010
persons receiving mental health and addiction services, including 14011
the issuance of guidelines on informed consent and other rights;14012

       (9) Promote the involvement of persons who are receiving or 14013
have received mental health or addiction services, including 14014
families and other persons having a close relationship to a person 14015
receiving those services, in the planning, evaluation, delivery, 14016
and operation of mental health and addiction services;14017

       (10) Notify and consult with the relevant constituencies that 14018
may be affected by rules, standards, and guidelines issued by the 14019
department of mental health and addiction services. These 14020
constituencies shall include consumers of mental health and 14021
addiction services and their families, and may include public and 14022
private providers, employee organizations, and others when 14023
appropriate. Whenever the department proposes the adoption, 14024
amendment, or rescission of rules under Chapter 119. of the 14025
Revised Code, the notification and consultation required by this 14026
division shall occur prior to the commencement of proceedings 14027
under Chapter 119. The department shall adopt rules under Chapter 14028
119. of the Revised Code that establish procedures for the 14029
notification and consultation required by this division.14030

       (11) Provide consultation to the department of rehabilitation 14031
and correction concerning the delivery of mental health and 14032
addiction services in state correctional institutions.14033

       (12) Promote and coordinate efforts in the provision of 14034
alcohol and drug addiction services and of gambling addiction 14035
services by other state agencies, as defined in section 1.60 of 14036
the Revised Code; courts; hospitals; clinics; physicians in 14037
private practice; public health authorities; boards of alcohol, 14038
drug addiction, and mental health services; alcohol and drug 14039
addiction services providers; law enforcement agencies; gambling 14040
addiction services providers; and related groups;14041

       (13) Provide to each court of record, and biennially update, 14042
a list of the treatment and education programs within that court's 14043
jurisdiction that the court may require an offender, sentenced 14044
pursuant to section 4511.19 of the Revised Code, to attend;14045

       (14) Make the warning sign described in sections 3313.752, 14046
3345.41, and 3707.50 of the Revised Code available on the 14047
department's internet web site;14048

       (15) Provide a program of gambling addiction services on 14049
behalf of the state lottery commission, pursuant to an agreement 14050
entered into with the director of the commission under division 14051
(K) of section 3770.02 of the Revised Code, and provide a program 14052
of gambling addiction services on behalf of the Ohio casino 14053
control commission, under an agreement entered into with the 14054
executive director of the commission under section 3772.062 of the 14055
Revised Code. Under Section 6(C)(3) of Article XV, Ohio 14056
Constitution, the department may enter into agreements with boards 14057
of alcohol, drug addiction, and mental health services, including 14058
boards with districts in which a casino facility is not located, 14059
and nonprofit organizations to provide gambling addiction services 14060
and substance abuse services, and with state institutions of 14061
higher education or private nonprofit institutions that possess a 14062
certificate of authorization issued under Chapter 1713. of the 14063
Revised Code to perform related research.14064

       (B) The department may accept and administer grants from 14065
public or private sources for carrying out any of the duties 14066
enumerated in this section.14067

       (C) Pursuant to Chapter 119. of the Revised Code, the 14068
department shall adopt a rule defining the term "intervention" as 14069
it is used in this chapter in connection with alcohol and drug 14070
addiction services and in connection with gambling addiction 14071
services. The department may adopt other rules as necessary to 14072
implement the requirements of this chapter.14073

       Sec. 5119.22.  The director of mental health and addiction 14074
services with respect to all mental health and addiction 14075
facilities and services established and operated or provided under 14076
Chapter 340. of the Revised Code, shall do all of the following:14077

       (A) Adopt rules pursuant to Chapter 119. of the Revised Code 14078
that may be necessary to carry out the purposes of this chapter 14079
and Chapters 340. and 5122. of the Revised Code.14080

       (B) Review and evaluate the full spectrum of care for all 14081
levels of treatment services for opioid and co-occurring drug 14082
addiction and the continuum of care for other services in each 14083
service district, taking into account the findings and 14084
recommendations of the board of alcohol, drug addiction, and 14085
mental health services of the district submitted under division 14086
(A)(4) of section 340.03 of the Revised Code and the priorities 14087
and plans of the department of mental health and addiction 14088
services, including the needs of residents of the district 14089
currently receiving services in state-operated hospitals, and make 14090
recommendations for needed improvements to boards of alcohol, drug 14091
addiction, and mental health services;14092

       (C) At the director's discretion, provide to boards of 14093
alcohol, drug addiction, and mental health services state or 14094
federal funds, in addition to those allocated under section 14095
5119.23 of the Revised Code, for special programs or projects the 14096
director considers necessary but for which local funds are not 14097
available;14098

       (D) Establish, in consultation with board of alcohol, drug 14099
addiction, and mental health service representatives and after 14100
consideration of the recommendations of the medical director, 14101
guidelines for the development of community mental health and 14102
addiction services plans and the review and approval or 14103
disapproval of such plans submitted pursuant to section 340.03 of 14104
the Revised Code.14105

       (E) Establish criteria by which a board of alcohol, drug 14106
addiction, and mental health services reviews and evaluates the 14107
quality, effectiveness, and efficiency of its contracted services. 14108
The criteria shall include requirements ensuring appropriate 14109
service utilization. The department shall assess a board's 14110
evaluation of services and the compliance of each board with this 14111
section, Chapter 340. of the Revised Code, and other state or 14112
federal law and regulations. The department, in cooperation with 14113
the board, periodically shall review and evaluate the quality, 14114
effectiveness, and efficiency of services provided through each 14115
board. The department shall collect information that is necessary 14116
to perform these functions.14117

        (F) To the extent the director determines necessary and after 14118
consulting with boards of alcohol, drug addiction, and mental 14119
health services and community addiction and mental health services 14120
providers, develop and operate, or contract for the operation of, 14121
a community behavioral health information system or systems. The 14122
department shall specify the information that must be provided by 14123
boards of alcohol, drug addiction, and mental health services and 14124
by community addiction and mental health services providers for 14125
inclusion in the system or systems.14126

       Boards of alcohol, drug addiction, and mental health services 14127
and community addiction and mental health services providers shall 14128
submit information requested by the department in the form and 14129
manner and in accordance with time frames prescribed by the 14130
department. Information collected by the department may include 14131
all of the following:14132

       (1) Information on services provided;14133

       (2) Financial information regarding expenditures of federal, 14134
state, or local funds;14135

       (3) Information about persons served.14136

        The department shall not collect any personal information 14137
from the boards except as required or permitted by state or 14138
federal law for purposes related to payment, health care 14139
operations, program and service evaluation, reporting activities, 14140
research, system administration, and oversight.14141

       (G)(1) Review each board's community mental health and 14142
addiction services plan, budget, and statement of services to be 14143
made available submitted pursuant to sections 340.03 and 340.08 of 14144
the Revised Code and approve or disapprove the plan, the budget, 14145
and the statement of services in whole or in part. 14146

        The department may withhold all or part of the funds 14147
allocated to a board if it disapproves all or part of a plan, 14148
budget, or statement of services, except that the department shall 14149
withhold all of the funds allocated to the board if the department 14150
disapproves the budget because the budget does not comply with 14151
division (A)(1) of section 340.08 of the Revised Code. Prior to a 14152
final decision to disapprove a plan, budget, or statement of 14153
services, or to withhold funds from a board, a representative of 14154
the director of mental health and addiction services shall meet 14155
with the board and discuss the reason for the action the 14156
department proposes to take and any corrective action that should 14157
be taken to make the plan, budget, or statement of services 14158
acceptable to the department. In addition, the department shall 14159
offer technical assistance to the board to assist it to make the 14160
plan, budget, or statement of services acceptable. The department 14161
shall give the board a reasonable time in which to revise the 14162
plan, budget, or statement of services. The board thereafter shall 14163
submit a revised plan, budget, or statement of services, or a new 14164
plan, budget, or statement of services.14165

       (2) If a board determines that it is necessary to amend the 14166
plan, budget, or statement of services that has been approved 14167
under this section, the board shall submit the proposed amendment 14168
to the department. The department may approve or disapprove all or 14169
part of the amendment.14170

       (3) If the director disapproves of all or part of any 14171
proposed amendment, the director shall provide the board an 14172
opportunity to present its position. The director shall inform the 14173
board of the reasons for the disapproval and of the criteria that 14174
must be met before the proposed amendment may be approved. The 14175
director shall give the board a reasonable time within which to 14176
meet the criteria and shall offer technical assistance to the 14177
board to help it meet the criteria.14178

       (4) The department shall establish procedures for the review 14179
of plans, budgets, and statements of services, and a timetable for 14180
submission and review of plans, budgets, and statements of 14181
services and for corrective action and submission of new or 14182
revised plans, budgets, and statements of services.14183

       Sec. 5119.23.  (A) The department of mental health and 14184
addiction services shall establish a methodology for allocating to 14185
boards of alcohol, drug addiction, and mental health services the 14186
funds appropriated by the general assembly to the department for 14187
the purpose of the full spectrum of care for all levels of 14188
treatment services for opioid and co-occurring drug addiction and 14189
the continuum of care for other services to be provided as local 14190
mental health and addiction services continuums of care. The 14191
department shall establish the methodology after notifying and 14192
consulting with relevant constituencies as required by division 14193
(A)(10) of section 5119.21 of the Revised Code. The methodology 14194
may provide for the funds to be allocated to boards on a district 14195
or multi-district basis. 14196

       (B) Subject to section 5119.25 of the Revised Code, and to 14197
required submissions and approvals under section 340.08 of the 14198
Revised Code, the department shall allocate the funds to the 14199
boards in a manner consistent with the methodology, this section, 14200
other state and federal laws, rules, and regulations.14201

       (C) In consultation with boards, community mental health and 14202
addiction services providers, and persons receiving services, the 14203
department shall establish guidelines for the use of funds 14204
allocated and distributed under this section. 14205

       Sec. 5119.25.  (A) The director of mental health and 14206
addiction services, in whole or in part, may withhold funds 14207
otherwise to be allocated to a board of alcohol, drug addiction, 14208
and mental health services under section 5119.23 of the Revised 14209
Code if the board fails to comply with Chapter 340. or section 14210
5119.22, 5119.24, 5119.36, or 5119.371 of the Revised Code or 14211
rules of the department of mental health and addiction services. 14212
However, the director shall withhold all such funds from the board 14213
when required to do so under division (A)(4) of section 340.08 of 14214
the Revised Code or division (G)(1) of section 5119.22 of the 14215
Revised Code.14216

       (B) The director of mental health and addiction services may 14217
withhold funds otherwise to be allocated to a board of alcohol, 14218
drug addiction, and mental health services under section 5119.23 14219
of the Revised Code if the board denies available service on the 14220
basis of race, color, religion, creed, sex, age, national origin, 14221
disability as defined in section 4112.01 of the Revised Code, or 14222
developmental disability.14223

        (C) The director shall issue a notice identifying the areas 14224
of noncompliance and the action necessary to achieve compliance. 14225
The director may offer technical assistance to the board to 14226
achieve compliance. The board shall have tenthirty days from 14227
receipt of the notice of noncompliance to present its position 14228
that it is in compliance or to submit to the director evidence of 14229
corrective action the board took to achieve compliance. Before 14230
withholding funds, the director or the director's designee shall 14231
hold a hearing within tenthirty days of receipt of the board's 14232
position or evidence to determine if there are continuing 14233
violations and that either assistance is rejected or the board is 14234
unable, or has failed, to achieve compliance. The director may 14235
appoint a representative from another board of alcohol, drug 14236
addiction, and mental health services to serve as a mentor for the 14237
board in developing and executing a plan of corrective action to 14238
achieve compliance. Any such representative shall be from a board 14239
that is in compliance with Chapter 340. of the Revised Code, 14240
sections 5119.22, 5119.24, 5119.36, and 5119.371 of the Revised 14241
Code, and the department's rules. Subsequent to the hearing 14242
process, if it is determined that compliance has not been 14243
achieved, the director may allocate all or part of the withheld 14244
funds to a public or private agencyone or more community mental 14245
health services providers or community addiction services 14246
providers to provide the community mental health or community 14247
addiction service for which the board is not in compliance until 14248
the time that there is compliance. The director mayshall adopt 14249
rules in accordance with Chapter 119. of the Revised Code to 14250
implement this section.14251

       Sec. 5119.362. (A) In accordance with rules adopted under 14252
section 5119.363 of the Revised Code, each community addiction 14253
services provider shall do all of the following:14254

       (1) Maintain, in an aggregate form, a waiting list of 14255
individuals to whom all of the following apply:14256

       (a) The individual has been documented as having a clinical 14257
need for alcohol and drug addiction services due to an opioid or 14258
co-occurring drug addiction.14259

       (b) The individual has applied to the provider for a 14260
clinically necessary treatment service included in the full 14261
spectrum of care required by division (B) of section 340.09 of the 14262
Revised Code.14263

       (c) The individual has not begun to receive the clinically 14264
necessary treatment service within five days of the individual's 14265
application for the service because the provider lacks an 14266
available slot for the individual.14267

       (2) Notify an individual included on the provider's waiting 14268
list when the provider has a slot available for the individual 14269
and, if the individual does not contact the provider about the 14270
slot within a period of time specified in the rules, contact the 14271
individual to determine why the individual did not contact the 14272
provider and to assess whether the individual still needs the 14273
treatment service;14274

       (3) Subject to divisions (B) and (C) of this section, report 14275
all of the following information each month to the board of 14276
alcohol, drug addiction, and mental health services that serves 14277
the county or counties in which the provider provides alcohol and 14278
drug addiction services:14279

       (a) An unduplicated count of all individuals who reside in a 14280
county that the board serves and were included on the provider's 14281
waiting list as of the last day of the immediately preceding month 14282
and each type of treatment service for which they were waiting;14283

       (b) The total number of days all such individuals had been on 14284
the provider's waiting list as of the last day of the immediately 14285
preceding month;14286

       (c) The last known types of residential settings in which all 14287
such individuals resided as of the last day of the immediately 14288
preceding month;14289

       (d) The number of all such individuals who did not contact 14290
the provider after receiving, during the immediately preceding 14291
month, the notices under division (A)(2) of this section about the 14292
provider having slots available for the individuals, and the 14293
reasons the contacts were not made;14294

       (e) The number of all such individuals who withdrew, in the 14295
immediately preceding month, their applications for the treatment 14296
services, each type of treatment service for which those 14297
individuals had applied, and the reasons the applications were 14298
withdrawn;14299

       (f) All other information specified in the rules.14300

       (B) If a community addiction services provider provides 14301
alcohol and drug addiction services in more than one county and 14302
those counties are served by different boards of alcohol, drug 14303
addiction, and mental health services, the provider shall provide 14304
separate reports under division (C)(3) of this section to each of 14305
the boards serving the counties in which the provider provides the 14306
services. The report provided to a board shall be specific to the 14307
county or counties the board serves and not include information 14308
for individuals residing in other counties.14309

       (C) Each report that a community addiction services provider 14310
provides to a board of alcohol, drug addiction, and mental health 14311
services under this section shall do all of the following:14312

       (1) Maintain the confidentiality of all individuals for whom 14313
information is included in the report;14314

       (2) For the purpose of the information reported under 14315
division (A)(3)(c) of this section, identify the types of 14316
residential settings at least as either institutional or 14317
noninstitutional;14318

       (3) If the report is provided to a board that serves more 14319
than one county, present the information included in the report in 14320
a manner that is broken down for each of the counties the board 14321
serves.14322

       Sec. 5119.363.  The director of mental health and addiction 14323
services shall adopt rules governing the duties of boards of 14324
alcohol, drug addiction, and mental health services under section 14325
340.20 of the Revised Code and the duties of community addiction 14326
services providers under section 5119.362 of the Revised Code. The 14327
rules shall be adopted in accordance with Chapter 119. of the 14328
Revised Code.14329

       Sec. 5119.364. The department of mental health and addiction 14330
services shall make the reports it receives under section 340.20 14331
of the Revised Code from boards of alcohol, drug addiction, and 14332
mental health services available on the department's internet web 14333
site. The information contained in the reports shall be presented 14334
on the web site on both a statewide basis and county-level basis. 14335
The information on the web site shall be updated monthly after the 14336
boards submit new reports to the department.14337

       Sec. 5119.365. (A) The director of mental health and 14338
addiction services shall adopt rules in accordance with Chapter 14339
119. of the Revised Code to do both of the following:14340

        (1) Streamline the intake procedures used by a community 14341
addiction services provider accepting and beginning to serve a new 14342
patient, including procedures regarding intake forms and 14343
questionnaires;14344

        (2) Enable a community addiction services provider to retain 14345
a patient as an active patient even though the patient last 14346
received services from the provider more than thirty days before 14347
resumption of services so that the patient and provider do not 14348
have to repeat the intake procedures.14349

        (B) The rules adopted under this section shall do both of the 14350
following:14351

        (1) Model the intake and resumption of service procedures on 14352
such procedures used by primary care physicians;14353

        (2) Facilitate the exchange of information about patients 14354
between community addiction services providers and primary care 14355
physicians.14356

       Sec. 5123.01.  As used in this chapter:14357

       (A) "Chief medical officer" means the licensed physician 14358
appointed by the managing officer of an institution for the 14359
mentally retarded with the approval of the director of 14360
developmental disabilities to provide medical treatment for 14361
residents of the institution.14362

       (B) "Chief program director" means a person with special 14363
training and experience in the diagnosis and management of the 14364
mentally retarded, certified according to division (C) of this 14365
section in at least one of the designated fields, and appointed by 14366
the managing officer of an institution for the mentally retarded 14367
with the approval of the director to provide habilitation and care 14368
for residents of the institution.14369

       (C) "Comprehensive evaluation" means a study, including a 14370
sequence of observations and examinations, of a person leading to 14371
conclusions and recommendations formulated jointly, with 14372
dissenting opinions if any, by a group of persons with special 14373
training and experience in the diagnosis and management of persons 14374
with mental retardation or a developmental disability, which group 14375
shall include individuals who are professionally qualified in the 14376
fields of medicine, psychology, and social work, together with 14377
such other specialists as the individual case may require.14378

       (D) "Education" means the process of formal training and 14379
instruction to facilitate the intellectual and emotional 14380
development of residents.14381

       (E) "Habilitation" means the process by which the staff of 14382
the institution assists the resident in acquiring and maintaining 14383
those life skills that enable the resident to cope more 14384
effectively with the demands of the resident's own person and of 14385
the resident's environment and in raising the level of the 14386
resident's physical, mental, social, and vocational efficiency. 14387
Habilitation includes but is not limited to programs of formal, 14388
structured education and training.14389

       (F) "Health officer" means any public health physician, 14390
public health nurse, or other person authorized or designated by a 14391
city or general health district.14392

       (G) "Home and community-based services" means medicaid-funded 14393
home and community-based services specified in division (A)(1) of 14394
section 5166.20 of the Revised Code provided under the medicaid 14395
waiver components the department of developmental disabilities 14396
administers pursuant to section 5166.21 of the Revised Code. 14397
Except as provided in section 5123.0412 of the Revised Code, home 14398
and community-based services provided under the medicaid waiver 14399
component known as the transitions developmental disabilities 14400
waiver are to be considered to be home and community-based 14401
services for the purposes of this chapter, and Chapters 5124. and 14402
5126. of the Revised Code, only to the extent, if any, provided by 14403
the contract required by section 5166.21 of the Revised Code 14404
regarding the waiver.14405

       (H) "ICF/IID" has the same meaning as in section 5124.01 of 14406
the Revised Code.14407

       (I) "Indigent person" means a person who is unable, without 14408
substantial financial hardship, to provide for the payment of an 14409
attorney and for other necessary expenses of legal representation, 14410
including expert testimony.14411

       (J) "Institution" means a public or private facility, or a 14412
part of a public or private facility, that is licensed by the 14413
appropriate state department and is equipped to provide 14414
residential habilitation, care, and treatment for the mentally 14415
retarded.14416

       (K) "Licensed physician" means a person who holds a valid 14417
certificate issued under Chapter 4731. of the Revised Code 14418
authorizing the person to practice medicine and surgery or 14419
osteopathic medicine and surgery, or a medical officer of the 14420
government of the United States while in the performance of the 14421
officer's official duties.14422

       (L) "Managing officer" means a person who is appointed by the 14423
director of developmental disabilities to be in executive control 14424
of an institution for the mentally retarded under the jurisdiction 14425
of the department.14426

       (M) "Medicaid case management services" means case management 14427
services provided to an individual with mental retardation or 14428
other developmental disability that the state medicaid plan 14429
requires.14430

       (N) "Mentally retarded person" means a person having 14431
significantly subaverage general intellectual functioning existing 14432
concurrently with deficiencies in adaptive behavior, manifested 14433
during the developmental period.14434

       (O) "Mentally retarded person subject to institutionalization 14435
by court order" means a person eighteen years of age or older who 14436
is at least moderately mentally retarded and in relation to whom, 14437
because of the person's retardation, either of the following 14438
conditions exist:14439

       (1) The person represents a very substantial risk of physical 14440
impairment or injury to self as manifested by evidence that the 14441
person is unable to provide for and is not providing for the 14442
person's most basic physical needs and that provision for those 14443
needs is not available in the community;14444

       (2) The person needs and is susceptible to significant 14445
habilitation in an institution.14446

       (P) "A person who is at least moderately mentally retarded" 14447
means a person who is found, following a comprehensive evaluation, 14448
to be impaired in adaptive behavior to a moderate degree and to be 14449
functioning at the moderate level of intellectual functioning in 14450
accordance with standard measurements as recorded in the most 14451
current revision of the manual of terminology and classification 14452
in mental retardation published by the American association on 14453
mental retardation.14454

       (Q) As used in this division, "substantial functional 14455
limitation," "developmental delay," and "established risk" have14456
has the meaningsmeaning established pursuant to section 5123.011 14457
of the Revised Code.14458

       "Developmental disability" means a severe, chronic disability 14459
that is characterized by all of the following:14460

       (1) It is attributable to a mental or physical impairment or 14461
a combination of mental and physical impairments, other than a 14462
mental or physical impairment solely caused by mental illness as 14463
defined in division (A) of section 5122.01 of the Revised Code.14464

       (2) It is manifested before age twenty-two.14465

       (3) It is likely to continue indefinitely.14466

       (4) It results in one of the following:14467

       (a) In the case of a person under three years of age, at 14468
least one developmental delay or an established riska diagnosed 14469
physical or mental condition that has a high probability of 14470
resulting in a developmental delay;14471

       (b) In the case of a person at least three years of age but 14472
under six years of age, at least two developmental delays or an 14473
established risk;14474

       (c) In the case of a person six years of age or older, a 14475
substantial functional limitation in at least three of the 14476
following areas of major life activity, as appropriate for the 14477
person's age: self-care, receptive and expressive language, 14478
learning, mobility, self-direction, capacity for independent 14479
living, and, if the person is at least sixteen years of age, 14480
capacity for economic self-sufficiency.14481

       (5) It causes the person to need a combination and sequence 14482
of special, interdisciplinary, or other type of care, treatment, 14483
or provision of services for an extended period of time that is 14484
individually planned and coordinated for the person.14485

       (R) "Developmentally disabled person" means a person with a 14486
developmental disability.14487

       (S) "State institution" means an institution that is 14488
tax-supported and under the jurisdiction of the department.14489

       (T) "Residence" and "legal residence" have the same meaning 14490
as "legal settlement," which is acquired by residing in Ohio for a 14491
period of one year without receiving general assistance prior to 14492
July 17, 1995, under former Chapter 5113. of the Revised Code, 14493
financial assistance under Chapter 5115. of the Revised Code, or 14494
assistance from a private agency that maintains records of 14495
assistance given. A person having a legal settlement in the state 14496
shall be considered as having legal settlement in the assistance 14497
area in which the person resides. No adult person coming into this 14498
state and having a spouse or minor children residing in another 14499
state shall obtain a legal settlement in this state as long as the 14500
spouse or minor children are receiving public assistance, care, or 14501
support at the expense of the other state or its subdivisions. For 14502
the purpose of determining the legal settlement of a person who is 14503
living in a public or private institution or in a home subject to 14504
licensing by the department of job and family services, the 14505
department of mental health and addiction services, or the 14506
department of developmental disabilities, the residence of the 14507
person shall be considered as though the person were residing in 14508
the county in which the person was living prior to the person's 14509
entrance into the institution or home. Settlement once acquired 14510
shall continue until a person has been continuously absent from 14511
Ohio for a period of one year or has acquired a legal residence in 14512
another state. A woman who marries a man with legal settlement in 14513
any county immediately acquires the settlement of her husband. The 14514
legal settlement of a minor is that of the parents, surviving 14515
parent, sole parent, parent who is designated the residential 14516
parent and legal custodian by a court, other adult having 14517
permanent custody awarded by a court, or guardian of the person of 14518
the minor, provided that:14519

       (1) A minor female who marries shall be considered to have 14520
the legal settlement of her husband and, in the case of death of 14521
her husband or divorce, she shall not thereby lose her legal 14522
settlement obtained by the marriage.14523

       (2) A minor male who marries, establishes a home, and who has 14524
resided in this state for one year without receiving general 14525
assistance prior to July 17, 1995, under former Chapter 5113. of 14526
the Revised Code, financial assistance under Chapter 5115. of the 14527
Revised Code, or assistance from a private agency that maintains 14528
records of assistance given shall be considered to have obtained a 14529
legal settlement in this state.14530

       (3) The legal settlement of a child under eighteen years of 14531
age who is in the care or custody of a public or private child 14532
caring agency shall not change if the legal settlement of the 14533
parent changes until after the child has been in the home of the 14534
parent for a period of one year.14535

       No person, adult or minor, may establish a legal settlement 14536
in this state for the purpose of gaining admission to any state 14537
institution.14538

       (U)(1) "Resident" means, subject to division (U)(2) of this 14539
section, a person who is admitted either voluntarily or 14540
involuntarily to an institution or other facility pursuant to 14541
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 14542
Code subsequent to a finding of not guilty by reason of insanity 14543
or incompetence to stand trial or under this chapter who is under 14544
observation or receiving habilitation and care in an institution.14545

       (2) "Resident" does not include a person admitted to an 14546
institution or other facility under section 2945.39, 2945.40, 14547
2945.401, or 2945.402 of the Revised Code to the extent that the 14548
reference in this chapter to resident, or the context in which the 14549
reference occurs, is in conflict with any provision of sections 14550
2945.37 to 2945.402 of the Revised Code.14551

       (V) "Respondent" means the person whose detention, 14552
commitment, or continued commitment is being sought in any 14553
proceeding under this chapter.14554

       (W) "Working day" and "court day" mean Monday, Tuesday, 14555
Wednesday, Thursday, and Friday, except when such day is a legal 14556
holiday.14557

       (X) "Prosecutor" means the prosecuting attorney, village 14558
solicitor, city director of law, or similar chief legal officer 14559
who prosecuted a criminal case in which a person was found not 14560
guilty by reason of insanity, who would have had the authority to 14561
prosecute a criminal case against a person if the person had not 14562
been found incompetent to stand trial, or who prosecuted a case in 14563
which a person was found guilty.14564

       (Y) "Court" means the probate division of the court of common 14565
pleas.14566

       (Z) "Supported living" and "residential services" have the 14567
same meanings as in section 5126.01 of the Revised Code.14568

       Sec. 5123.011. The director of developmental disabilities 14569
shall adopt rules in accordance with Chapter 119. of the Revised 14570
Code that establish definitions of "substantial functional 14571
limitation,"to do both of the following:14572

       (A) Define "developmental delay," "established risk," 14573
"biological risk," and "environmental risk.";14574

       (B) For the purpose of division (Q)(4)(c) of section 5123.01 14575
and division (F)(4)(c) of section 5126.01 of the Revised Code, 14576
specify how to determine whether a person six years of age or 14577
older has a substantial functional limitation in a major life 14578
activity as appropriate for the person's age.14579

       Sec. 5123.012.  (A) As used in this section:14580

       (1) "Biological risk" and "environmental risk" have the 14581
meanings established pursuant to section 5123.011 of the Revised 14582
Code.14583

       (2) "Preschool, "preschool child with a disability" has the 14584
same meaning as in section 3323.01 of the Revised Code.14585

       (B) Except as provided in division (C) of this section, the 14586
department of developmental disabilities shall make eligibility 14587
determinations in accordance with the definition of "developmental 14588
disability" in section 5123.01 of the Revised Code. The department 14589
may adopt rules in accordance with Chapter 119. of the Revised 14590
Code establishing eligibility for programs and services for either 14591
of the following:14592

       (1) Individuals under age six who have a biological risk or 14593
environmental risk of a developmental delay;14594

       (2) Anyany preschool child with a disability eligible for 14595
services under section 3323.02 of the Revised Code whose 14596
disability is not attributable solely to mental illness as defined 14597
in section 5122.01 of the Revised Code.14598

       (C)(1) The department shall make determinations of 14599
eligibility for protective services in accordance with sections 14600
5123.55 to 5123.59 of the Revised Code.14601

       (2) Determinations of whether a mentally retarded person is 14602
subject to institutionalization by court order shall be made in 14603
accordance with sections 5123.71 to 5123.76 of the Revised Code 14604
and shall be based on the definition of "mentally retarded person 14605
subject to institutionalization by court order" in section 5123.01 14606
of the Revised Code.14607

       (3) All persons who were eligible for services and enrolled 14608
in programs offered by the department of developmental 14609
disabilities pursuant to this chapter on July 1, 1991, shall 14610
continue to be eligible for those services and to be enrolled in 14611
those programs as long as they are in need of services.14612

       Sec. 5123.0420.  As used in this section, "evidence-based 14613
intervention" means a prevention or treatment service that has 14614
been demonstrated through scientific evaluation to produce a 14615
positive outcome.14616

       The department of developmental disabilities shall establish 14617
a voluntary training and certification program for individuals who 14618
provide evidence-based interventions to individuals with an autism 14619
spectrum disorder. The department shall administer the program or 14620
contract with a person or other government entity to administer 14621
the program. The program shall not conflict with or duplicate any 14622
other certification or licensure process administered by the 14623
state.14624

       The director of developmental disabilities may adopt rules as 14625
necessary to implement this section. If the director adopts rules, 14626
the rules shall be adopted in accordance with Chapter 119. of the 14627
Revised Code.14628

       Sec. 5123.16.  (A) As used in sections 5123.16 to 5123.1610 14629
of the Revised Code:14630

       (1) "Applicant" means any of the following:14631

       (a) The chief executive officer of a business that applies 14632
under section 5123.161 of the Revised Code for a certificate to 14633
provide supported living;14634

       (b) The chief executive officer of a business that seeks 14635
renewal of the business's supported living certificate under 14636
section 5123.164 of the Revised Code;14637

       (c) An individual who applies under section 5123.161 of the 14638
Revised Code for a certificate to provide supported living as an 14639
independent provider;14640

       (d) An independent provider who seeks renewal of the 14641
independent provider's supported living certificate under section 14642
5123.164 of the Revised Code.14643

       (2)(a) "Business" means either of the following:14644

       (i) Anan association, corporation, nonprofit organization, 14645
partnership, trust, or other group of persons;14646

       (ii) An individual who employs, directly or through contract, 14647
one or more other individuals to provide supported living.14648

       (b). "Business" does not mean an independent provider.14649

       (3) "Criminal records check" has the same meaning as in 14650
section 109.572 of the Revised Code.14651

       (4) "Disqualifying offense" means any of the offenses listed 14652
or described in divisions (A)(3)(a) to (e) of section 109.572 of 14653
the Revised Code.14654

       (5) "Independent provider" means a provider who provides 14655
supported living on a self-employed basis and does not employ, 14656
directly or through contract, another individualperson to provide 14657
the supported living.14658

       (6) "Provider" means a person or government entity certified 14659
by the director of developmental disabilities to provide supported 14660
living. For the purpose of division (A)(8) of this section, 14661
"provider" includes a person or government entity that seeks or 14662
previously held a certificate to provide supported living.14663

       (7) "Minor drug possession offense" has the same meaning as 14664
in section 2925.01 of the Revised Code.14665

       (8) "Related party" means any of the following:14666

       (a) In the case of a provider who is an individual, any of 14667
the following:14668

       (i) The spouse of the provider;14669

       (ii) A parent or stepparent of the provider or provider's 14670
spouse;14671

       (iii) A child of the provider or provider's spouse;14672

       (iv) A sibling, half sibling, or stepsibling of the provider 14673
or provider's spouse;14674

       (v) A grandparent of the provider or provider's spouse;14675

       (vi) A grandchild of the provider or provider's spouse;14676

       (vii) An employee or employer of the provider or provider's 14677
spouse.14678

       (b) In the case of a provider that is a person other than an 14679
individual, any of the following:14680

       (i) An employee of the personAny person or government entity 14681
that directly or indirectly controls the provider's day-to-day 14682
operations (including as a general manager, business manager, 14683
financial manager, administrator, or director), regardless of 14684
whether the person or government entity exercises the control 14685
pursuant to a contract or other arrangement and regardless of 14686
whether the person or government entity is required to file an 14687
Internal Revenue Code form W-2 for the provider;14688

       (ii) An officer of the provider, including the chief 14689
executive officer, president, vice-president, secretary, and 14690
treasurer;14691

       (iii) A member of the provider's board of directors or 14692
trustees;14693

       (iv) A person owning a financial interest of five per cent or 14694
more in the provider, including a direct, indirect, security, or 14695
mortgage financial interest;14696

       (v) A corporation that has a subsidiary relationship with the 14697
provider;14698

       (vi) A person or government entity that has control over the 14699
provider's day-to-day operation;14700

       (vii)The spouse, parent, stepparent, child, sibling, half 14701
sibling, stepsibling, grandparent, or grandchild of any of the 14702
persons specified in divisions (A)(8)(b)(i) to (iv) of this 14703
section;14704

       (vi) A person over which the provider has control of the 14705
day-to-day operation;14706

       (vii) A corporation that has a subsidiary relationship with 14707
the provider.14708

       (c) In the case of a provider that is a government entity, 14709
any of the following:14710

       (i) An employee of the providerAny person or government 14711
entity that directly or indirectly controls the provider's 14712
day-to-day operations (including as a general manager, financial 14713
manager, administrator, or director), regardless of whether the 14714
person or government entity exercises the control pursuant to a 14715
contract or other arrangement;14716

       (ii) An officer of the provider;14717

       (iii) A member of the provider's governing board;14718

       (iv) A government entity that has control over the provider's 14719
day-to-day operation;14720

       (v) A person or government entity over which the provider has 14721
control of the day-to-day operation.14722

       (B) No person or government entity may provide supported 14723
living without a valid supported living certificate issued by the 14724
director of developmental disabilities.14725

       (C) A county board of developmental disabilities may provide 14726
supported living only to the extent permitted by rules adopted 14727
under section 5123.1610 of the Revised Code.14728

       Sec. 5123.162. (A) The director of developmental 14729
disabilities may conduct surveys of persons and government 14730
entities that seek a supported living certificate to determine 14731
whether the persons and government entities meet the certification 14732
standards. The director may also conduct surveys of providers to 14733
determine whether the providers continue to meet the certification 14734
standards. The director shall conduct the surveys in accordance 14735
with rules adopted under section 5123.1610 of the Revised Code.14736

       (B) Following each survey of a provider, the director shall 14737
issue a report listing the date of the survey and any citations 14738
issued as a result of the survey. Except when the director 14739
initiates a proceeding to revoke a provider's certification, the 14740
director shall do all of the following:14741

       (1) Specify a date by which the provider may appeal any of 14742
the citations;14743

        (2) Specify a timetable within which the provider must submit 14744
a plan of correction describing how the problems specified in the 14745
citations will be corrected;14746

        (3) When appropriate, specify a timetable within which the 14747
provider must correct the problems specified in the citations.14748

        (C) If the director initiates a proceeding to revoke a 14749
provider's certification, the director shall include the report 14750
required by division (B) of this section with the notice of the 14751
proposed revocation the director sends the provider. In this 14752
circumstance, the provider may not appeal the citations or submit 14753
a plan of correction.14754

       (D) After a plan of correction is submitted, the director 14755
shall approve or disapprove the plan. If the plan of correction is 14756
approved, a copy of the approved plan shall be provided, not later 14757
than five business days after it is approved, to any person or 14758
government entity that requests it and made available on the 14759
internet web site maintained by the department of developmental 14760
disabilities. If the plan of correction is not approved and the 14761
director initiates a proceeding to revoke the provider's 14762
certification, a copy of the survey report shall be provided to 14763
any person or government entity that requests it and made 14764
available on the internet web site maintained by the department.14765

       The(E) In addition to survey reports described in this 14766
section, all other records ofassociated with surveys conducted 14767
under this section are public records for the purpose of section 14768
149.43 of the Revised Code and shall be made available on the 14769
request of any person or government entity.14770

       Sec. 5123.19.  (A) As used in sections 5123.19 to 5123.20 of 14771
the Revised Code:14772

       (1) "Independent living arrangement" means an arrangement in 14773
which a mentally retarded or developmentally disabled person 14774
resides in an individualized setting chosen by the person or the 14775
person's guardian, which is not dedicated principally to the 14776
provision of residential services for mentally retarded or 14777
developmentally disabled persons, and for which no financial 14778
support is received for rendering such service from any 14779
governmental agency by a provider of residential services.14780

        (2) "Licensee" means the person or government agency that has 14781
applied for a license to operate a residential facility and to 14782
which the license was issued under this section.14783

       (3) "Political subdivision" means a municipal corporation, 14784
county, or township.14785

       (4) "Related party" has the same meaning as in section 14786
5123.16 of the Revised Code except that "provider" as used in the 14787
definition of "related party" means a person or government entity 14788
that held or applied for a license to operate a residential 14789
facility, rather than a person or government entity certified to 14790
provide supported living.14791

       (5)(a) Except as provided in division (A)(5)(b) of this 14792
section, "residential facility" means a home or facility, 14793
including an ICF/IID, in which an individual with mental 14794
retardation or a developmental disability resides.14795

        (b) "Residential facility" does not mean any of the 14796
following:14797

        (i) The home of a relative or legal guardian in which an 14798
individual with mental retardation or a developmental disability 14799
resides;14800

        (ii) A respite care home certified under section 5126.05 of 14801
the Revised Code;14802

        (iii) A county home or district home operated pursuant to 14803
Chapter 5155. of the Revised Code;14804

        (iv) A dwelling in which the only residents with mental 14805
retardation or developmental disabilities are in independent 14806
living arrangements or are being provided supported living.14807

       (B) Every person or government agency desiring to operate a 14808
residential facility shall apply for licensure of the facility to 14809
the director of developmental disabilities unless the residential 14810
facility is subject to section 3721.02, 5103.03, 5119.33, or 14811
division (A)(9)(b) of section 5119.34 of the Revised Code. 14812

       (C) Subject to section 5123.196 of the Revised Code, the 14813
director of developmental disabilities shall license the operation 14814
of residential facilities. An initial license shall be issued for 14815
a period that does not exceed one year, unless the director denies 14816
the license under division (D) of this section. A license shall be 14817
renewed for a period that does not exceed three years, unless the 14818
director refuses to renew the license under division (D) of this 14819
section. The director, when issuing or renewing a license, shall 14820
specify the period for which the license is being issued or 14821
renewed. A license remains valid for the length of the licensing 14822
period specified by the director, unless the license is 14823
terminated, revoked, or voluntarily surrendered.14824

       (D) If it is determined that an applicant or licensee is not 14825
in compliance with a provision of this chapter that applies to 14826
residential facilities or the rules adopted under such a 14827
provision, the director may deny issuance of a license, refuse to 14828
renew a license, terminate a license, revoke a license, issue an 14829
order for the suspension of admissions to a facility, issue an 14830
order for the placement of a monitor at a facility, issue an order 14831
for the immediate removal of residents, or take any other action 14832
the director considers necessary consistent with the director's 14833
authority under this chapter regarding residential facilities. In 14834
the director's selection and administration of the sanction to be 14835
imposed, all of the following apply:14836

       (1) The director may deny, refuse to renew, or revoke a 14837
license, if the director determines that the applicant or licensee 14838
has demonstrated a pattern of serious noncompliance or that a 14839
violation creates a substantial risk to the health and safety of 14840
residents of a residential facility.14841

       (2) The director may terminate a license if more than twelve 14842
consecutive months have elapsed since the residential facility was 14843
last occupied by a resident or a notice required by division (K) 14844
of this section is not given.14845

       (3) The director may issue an order for the suspension of 14846
admissions to a facility for any violation that may result in 14847
sanctions under division (D)(1) of this section and for any other 14848
violation specified in rules adopted under division (H)(2) of this 14849
section. If the suspension of admissions is imposed for a 14850
violation that may result in sanctions under division (D)(1) of 14851
this section, the director may impose the suspension before 14852
providing an opportunity for an adjudication under Chapter 119. of 14853
the Revised Code. The director shall lift an order for the 14854
suspension of admissions when the director determines that the 14855
violation that formed the basis for the order has been corrected.14856

       (4) The director may order the placement of a monitor at a 14857
residential facility for any violation specified in rules adopted 14858
under division (H)(2) of this section. The director shall lift the 14859
order when the director determines that the violation that formed 14860
the basis for the order has been corrected.14861

       (5) If the director determines that two or more residential 14862
facilities owned or operated by the same person or government 14863
entity are not being operated in compliance with a provision of 14864
this chapter that applies to residential facilities or the rules 14865
adopted under such a provision, and the director's findings are 14866
based on the same or a substantially similar action, practice, 14867
circumstance, or incident that creates a substantial risk to the 14868
health and safety of the residents, the director shall conduct a 14869
survey as soon as practicable at each residential facility owned 14870
or operated by that person or government entity. The director may 14871
take any action authorized by this section with respect to any 14872
facility found to be operating in violation of a provision of this 14873
chapter that applies to residential facilities or the rules 14874
adopted under such a provision.14875

       (6) When the director initiates license revocation 14876
proceedings, no opportunity for submitting a plan of correction 14877
shall be given. The director shall notify the licensee by letter 14878
of the initiation of the proceedings. The letter shall list the 14879
deficiencies of the residential facility and inform the licensee 14880
that no plan of correction will be accepted. The director shall 14881
also send a copy of the letter to the county board of 14882
developmental disabilities. The county board shall send a copy of 14883
the letter to each of the following:14884

        (a) Each resident who receives services from the licensee;14885

        (b) The guardian of each resident who receives services from 14886
the licensee if the resident has a guardian;14887

        (c) The parent or guardian of each resident who receives 14888
services from the licensee if the resident is a minor.14889

       (7) Pursuant to rules which shall be adopted in accordance 14890
with Chapter 119. of the Revised Code, the director may order the 14891
immediate removal of residents from a residential facility 14892
whenever conditions at the facility present an immediate danger of 14893
physical or psychological harm to the residents.14894

       (8) In determining whether a residential facility is being 14895
operated in compliance with a provision of this chapter that 14896
applies to residential facilities or the rules adopted under such 14897
a provision, or whether conditions at a residential facility 14898
present an immediate danger of physical or psychological harm to 14899
the residents, the director may rely on information obtained by a 14900
county board of developmental disabilities or other governmental 14901
agencies.14902

       (9) In proceedings initiated to deny, refuse to renew, or 14903
revoke licenses, the director may deny, refuse to renew, or revoke 14904
a license regardless of whether some or all of the deficiencies 14905
that prompted the proceedings have been corrected at the time of 14906
the hearing.14907

       (E) The director shall establish a program under which public 14908
notification may be made when the director has initiated license 14909
revocation proceedings or has issued an order for the suspension 14910
of admissions, placement of a monitor, or removal of residents. 14911
The director shall adopt rules in accordance with Chapter 119. of 14912
the Revised Code to implement this division. The rules shall 14913
establish the procedures by which the public notification will be 14914
made and specify the circumstances for which the notification must 14915
be made. The rules shall require that public notification be made 14916
if the director has taken action against the facility in the 14917
eighteen-month period immediately preceding the director's latest 14918
action against the facility and the latest action is being taken 14919
for the same or a substantially similar violation of a provision 14920
of this chapter that applies to residential facilities or the 14921
rules adopted under such a provision. The rules shall specify a 14922
method for removing or amending the public notification if the 14923
director's action is found to have been unjustified or the 14924
violation at the residential facility has been corrected.14925

       (F)(1) Except as provided in division (F)(2) of this section, 14926
appeals from proceedings initiated to impose a sanction under 14927
division (D) of this section shall be conducted in accordance with 14928
Chapter 119. of the Revised Code.14929

       (2) Appeals from proceedings initiated to order the 14930
suspension of admissions to a facility shall be conducted in 14931
accordance with Chapter 119. of the Revised Code, unless the order 14932
was issued before providing an opportunity for an adjudication, in 14933
which case all of the following apply:14934

       (a) The licensee may request a hearing not later than ten 14935
days after receiving the notice specified in section 119.07 of the 14936
Revised Code.14937

       (b) If a timely request for a hearing that includes the 14938
licensee's current address is made, the hearing shall commence not 14939
later than thirty days after the department receives the request.14940

       (c) After commencing, the hearing shall continue 14941
uninterrupted, except for Saturdays, Sundays, and legal holidays, 14942
unless other interruptions are agreed to by the licensee and the 14943
director.14944

       (d) If the hearing is conducted by a hearing examiner, the 14945
hearing examiner shall file a report and recommendations not later 14946
than ten days after the last of the following:14947

       (i) The close of the hearing;14948

       (ii) If a transcript of the proceedings is ordered, the 14949
hearing examiner receives the transcript;14950

        (iii) If post-hearing briefs are timely filed, the hearing 14951
examiner receives the briefs.14952

       (e) A copy of the written report and recommendation of the 14953
hearing examiner shall be sent, by certified mail, to the licensee 14954
and the licensee's attorney, if applicable, not later than five 14955
days after the report is filed.14956

        (f) Not later than five days after the hearing examiner files 14957
the report and recommendations, the licensee may file objections 14958
to the report and recommendations.14959

       (g) Not later than fifteen days after the hearing examiner 14960
files the report and recommendations, the director shall issue an 14961
order approving, modifying, or disapproving the report and 14962
recommendations.14963

       (h) Notwithstanding the pendency of the hearing, the director 14964
shall lift the order for the suspension of admissions when the 14965
director determines that the violation that formed the basis for 14966
the order has been corrected.14967

       (G) Neither a person or government agency whose application 14968
for a license to operate a residential facility is denied nor a 14969
related party of the person or government agency may apply for a 14970
license to operate a residential facility before the date that is 14971
one year after the date of the denial. Neither a licensee whose 14972
residential facility license is revoked nor a related party of the 14973
licensee may apply for a residential facility license before the 14974
date that is five years after the date of the revocation.14975

        (H) In accordance with Chapter 119. of the Revised Code, the 14976
director shall adopt and may amend and rescind rules for licensing 14977
and regulating the operation of residential facilities. The rules 14978
for residential facilities that are ICFs/IID may differ from those 14979
for other residential facilities. The rules shall establish and 14980
specify the following:14981

       (1) Procedures and criteria for issuing and renewing 14982
licenses, including procedures and criteria for determining the 14983
length of the licensing period that the director must specify for 14984
each license when it is issued or renewed;14985

       (2) Procedures and criteria for denying, refusing to renew, 14986
terminating, and revoking licenses and for ordering the suspension 14987
of admissions to a facility, placement of a monitor at a facility, 14988
and the immediate removal of residents from a facility;14989

       (3) Fees for issuing and renewing licenses, which shall be 14990
deposited into the program fee fund created under section 5123.033 14991
of the Revised Code;14992

       (4) Procedures for surveying residential facilities;14993

       (5) Requirements for the training of residential facility 14994
personnel;14995

       (6) Classifications for the various types of residential 14996
facilities;14997

       (7) Certification procedures for licensees and management 14998
contractors that the director determines are necessary to ensure 14999
that they have the skills and qualifications to properly operate 15000
or manage residential facilities;15001

       (8) The maximum number of persons who may be served in a 15002
particular type of residential facility;15003

       (9) Uniform procedures for admission of persons to and 15004
transfers and discharges of persons from residential facilities;15005

       (10) Other standards for the operation of residential 15006
facilities and the services provided at residential facilities;15007

       (11) Procedures for waiving any provision of any rule adopted 15008
under this section.15009

       (I)(1) Before issuing a license, the director of the 15010
department or the director's designee shall conduct a survey of 15011
the residential facility for which application is made. The 15012
director or the director's designee shall conduct a survey of each 15013
licensed residential facility at least once during the period the 15014
license is valid and may conduct additional inspections as needed. 15015
A survey includes but is not limited to an on-site examination and 15016
evaluation of the residential facility, its personnel, and the 15017
services provided there.15018

       (2) In conducting surveys, the director or the director's 15019
designee shall be given access to the residential facility; all 15020
records, accounts, and any other documents related to the 15021
operation of the facility; the licensee; the residents of the 15022
facility; and all persons acting on behalf of, under the control 15023
of, or in connection with the licensee. The licensee and all 15024
persons on behalf of, under the control of, or in connection with 15025
the licensee shall cooperate with the director or the director's 15026
designee in conducting the survey.15027

       (3) Following each survey, unless the director initiates a 15028
license revocation proceeding, the director or the director's 15029
designee shall provide the licensee with a report listing the date 15030
of the survey and any deficiencies, specifyingcitations issued as 15031
a result of the survey. Except when the director initiates a 15032
proceeding to revoke a license, the director shall do all of the 15033
following:15034

        (a) Specify a date by which the licensee may appeal any of 15035
the citations;15036

       (b) Specify a timetable within which the licensee shallmust15037
submit a plan of correction describing how the deficiencies15038
problems specified in the citations will be corrected, and, when;15039

       (c) When appropriate, specifyingspecify a timetable within 15040
which the licensee must correct the deficienciesproblems 15041
specified in the citations. After15042

       (4) If the director initiates a proceeding to revoke a 15043
license, the director shall include the report required by 15044
division (I)(3) of this section with the notice of the proposed 15045
revocation the director sends the licensee. In this circumstance, 15046
the licensee may not appeal the citations or submit a plan of 15047
correction.15048

       (5) After a plan of correction is submitted, the director or 15049
the director's designee shall approve or disapprove the plan. AIf 15050
the plan of correction is approved, a copy of the report and any15051
approved plan of correction shall be provided, not later than five 15052
business days after it is approved, to any person or government 15053
entity who requests it and made available on the internet web site 15054
maintained by the department of developmental disabilities. If the 15055
plan of correction is not approved and the director initiates a 15056
proceeding to revoke the license, a copy of the survey report 15057
shall be provided to any person or government entity that requests 15058
it and made available on the internet web site maintained by the 15059
department.15060

       (6) The director shall initiate disciplinary action against 15061
any department employee who notifies or causes the notification to 15062
any unauthorized person of an unannounced survey of a residential 15063
facility by an authorized representative of the department.15064

       (J) In addition to any other information which may be 15065
required of applicants for a license pursuant to this section, the 15066
director shall require each applicant to provide a copy of an 15067
approved plan for a proposed residential facility pursuant to 15068
section 5123.042 of the Revised Code. This division does not apply 15069
to renewal of a license or to an applicant for an initial or 15070
modified license who meets the requirements of section 5123.197 of 15071
the Revised Code.15072

       (K) A licensee shall notify the owner of the building in 15073
which the licensee's residential facility is located of any 15074
significant change in the identity of the licensee or management 15075
contractor before the effective date of the change if the licensee 15076
is not the owner of the building.15077

       Pursuant to rules which shall be adopted in accordance with 15078
Chapter 119. of the Revised Code, the director may require 15079
notification to the department of any significant change in the 15080
ownership of a residential facility or in the identity of the 15081
licensee or management contractor. If the director determines that 15082
a significant change of ownership is proposed, the director shall 15083
consider the proposed change to be an application for development 15084
by a new operator pursuant to section 5123.042 of the Revised Code 15085
and shall advise the applicant within sixty days of the 15086
notification that the current license shall continue in effect or 15087
a new license will be required pursuant to this section. If the 15088
director requires a new license, the director shall permit the 15089
facility to continue to operate under the current license until 15090
the new license is issued, unless the current license is revoked, 15091
refused to be renewed, or terminated in accordance with Chapter 15092
119. of the Revised Code.15093

       (L) A county board of developmental disabilities and any 15094
interested person may file complaints alleging violations of 15095
statute or department rule relating to residential facilities with 15096
the department. All complaints shall be in writing and shall state 15097
the facts constituting the basis of the allegation. The department 15098
shall not reveal the source of any complaint unless the 15099
complainant agrees in writing to waive the right to 15100
confidentiality or until so ordered by a court of competent 15101
jurisdiction.15102

       The department shall adopt rules in accordance with Chapter 15103
119. of the Revised Code establishing procedures for the receipt, 15104
referral, investigation, and disposition of complaints filed with 15105
the department under this division.15106

       (M) The department shall establish procedures for the 15107
notification of interested parties of the transfer or interim care 15108
of residents from residential facilities that are closing or are 15109
losing their license.15110

       (N) Before issuing a license under this section to a 15111
residential facility that will accommodate at any time more than 15112
one mentally retarded or developmentally disabled individual, the 15113
director shall, by first class mail, notify the following:15114

       (1) If the facility will be located in a municipal 15115
corporation, the clerk of the legislative authority of the 15116
municipal corporation;15117

       (2) If the facility will be located in unincorporated 15118
territory, the clerk of the appropriate board of county 15119
commissioners and the fiscal officer of the appropriate board of 15120
township trustees.15121

       The director shall not issue the license for ten days after 15122
mailing the notice, excluding Saturdays, Sundays, and legal 15123
holidays, in order to give the notified local officials time in 15124
which to comment on the proposed issuance.15125

       Any legislative authority of a municipal corporation, board 15126
of county commissioners, or board of township trustees that 15127
receives notice under this division of the proposed issuance of a 15128
license for a residential facility may comment on it in writing to 15129
the director within ten days after the director mailed the notice, 15130
excluding Saturdays, Sundays, and legal holidays. If the director 15131
receives written comments from any notified officials within the 15132
specified time, the director shall make written findings 15133
concerning the comments and the director's decision on the 15134
issuance of the license. If the director does not receive written 15135
comments from any notified local officials within the specified 15136
time, the director shall continue the process for issuance of the 15137
license.15138

       (O) Any person may operate a licensed residential facility 15139
that provides room and board, personal care, habilitation 15140
services, and supervision in a family setting for at least six but 15141
not more than eight persons with mental retardation or a 15142
developmental disability as a permitted use in any residential 15143
district or zone, including any single-family residential district 15144
or zone, of any political subdivision. These residential 15145
facilities may be required to comply with area, height, yard, and 15146
architectural compatibility requirements that are uniformly 15147
imposed upon all single-family residences within the district or 15148
zone.15149

       (P) Any person may operate a licensed residential facility 15150
that provides room and board, personal care, habilitation 15151
services, and supervision in a family setting for at least nine 15152
but not more than sixteen persons with mental retardation or a 15153
developmental disability as a permitted use in any multiple-family 15154
residential district or zone of any political subdivision, except 15155
that a political subdivision that has enacted a zoning ordinance 15156
or resolution establishing planned unit development districts may 15157
exclude these residential facilities from those districts, and a 15158
political subdivision that has enacted a zoning ordinance or 15159
resolution may regulate these residential facilities in 15160
multiple-family residential districts or zones as a conditionally 15161
permitted use or special exception, in either case, under 15162
reasonable and specific standards and conditions set out in the 15163
zoning ordinance or resolution to:15164

       (1) Require the architectural design and site layout of the 15165
residential facility and the location, nature, and height of any 15166
walls, screens, and fences to be compatible with adjoining land 15167
uses and the residential character of the neighborhood;15168

       (2) Require compliance with yard, parking, and sign 15169
regulation;15170

       (3) Limit excessive concentration of these residential 15171
facilities.15172

       (Q) This section does not prohibit a political subdivision 15173
from applying to residential facilities nondiscriminatory 15174
regulations requiring compliance with health, fire, and safety 15175
regulations and building standards and regulations.15176

       (R) Divisions (O) and (P) of this section are not applicable 15177
to municipal corporations that had in effect on June 15, 1977, an 15178
ordinance specifically permitting in residential zones licensed 15179
residential facilities by means of permitted uses, conditional 15180
uses, or special exception, so long as such ordinance remains in 15181
effect without any substantive modification.15182

       (S)(1) The director may issue an interim license to operate a 15183
residential facility to an applicant for a license under this 15184
section if either of the following is the case:15185

       (a) The director determines that an emergency exists 15186
requiring immediate placement of persons in a residential 15187
facility, that insufficient licensed beds are available, and that 15188
the residential facility is likely to receive a permanent license 15189
under this section within thirty days after issuance of the 15190
interim license.15191

       (b) The director determines that the issuance of an interim 15192
license is necessary to meet a temporary need for a residential 15193
facility.15194

       (2) To be eligible to receive an interim license, an 15195
applicant must meet the same criteria that must be met to receive 15196
a permanent license under this section, except for any differing 15197
procedures and time frames that may apply to issuance of a 15198
permanent license.15199

       (3) An interim license shall be valid for thirty days and may 15200
be renewed by the director for a period not to exceed one hundred 15201
fifty days.15202

       (4) The director shall adopt rules in accordance with Chapter 15203
119. of the Revised Code as the director considers necessary to 15204
administer the issuance of interim licenses.15205

       (T) Notwithstanding rules adopted pursuant to this section 15206
establishing the maximum number of persons who may be served in a 15207
particular type of residential facility, a residential facility 15208
shall be permitted to serve the same number of persons being 15209
served by the facility on the effective date of the rules or the 15210
number of persons for which the facility is authorized pursuant to 15211
a current application for a certificate of need with a letter of 15212
support from the department of developmental disabilities and 15213
which is in the review process prior to April 4, 1986.15214

       (U) The director or the director's designee may enter at any 15215
time, for purposes of investigation, any home, facility, or other 15216
structure that has been reported to the director or that the 15217
director has reasonable cause to believe is being operated as a 15218
residential facility without a license issued under this section.15219

       The director may petition the court of common pleas of the 15220
county in which an unlicensed residential facility is located for 15221
an order enjoining the person or governmental agency operating the 15222
facility from continuing to operate without a license. The court 15223
may grant the injunction on a showing that the person or 15224
governmental agency named in the petition is operating a 15225
residential facility without a license. The court may grant the 15226
injunction, regardless of whether the residential facility meets 15227
the requirements for receiving a license under this section.15228

       Sec. 5123.191.  (A) The court of common pleas or a judge 15229
thereof in the judge's county, or the probate court, may appoint a 15230
receiver to take possession of and operate a residential facility 15231
licensed by the department of developmental disabilities, in 15232
causes pending in such courts respectively, when conditions 15233
existing at the facility present a substantial risk of physical or 15234
mental harm to residents and no other remedies at law are adequate 15235
to protect the health, safety, and welfare of the residents. 15236
Conditions at the facility that may present such risk of harm 15237
include, but are not limited to, instances when any of the 15238
following occur:15239

       (1) The residential facility is in violation of state or 15240
federal law or regulations.15241

       (2) The facility has had its license revoked or procedures 15242
for revocation have been initiated, or the facility is closing or 15243
intends to cease operations.15244

       (3) Arrangements for relocating residents need to be made.15245

       (4) Insolvency of the operator, licensee, or landowner 15246
threatens the operation of the facility.15247

       (5) The facility or operator has demonstrated a pattern and 15248
practice of repeated violations of state or federal laws or 15249
regulations.15250

       (B) A court in which a petition is filed pursuant to this 15251
section shall notify the person holding the license for the 15252
facility and the department of developmental disabilities of the 15253
filing. The court shall order the department to notify the 15254
facility owner, facility operator, county board of developmental 15255
disabilities, facility residents, and residents' parents and 15256
guardians of the filing of the petition.15257

       The court shall provide a hearing on the petition within five 15258
court days of the time it was filed, except that the court may 15259
appoint a receiver prior to that time if it determines that the 15260
circumstances necessitate such action. Following a hearing on the 15261
petition, and upon a determination that the appointment of a 15262
receiver is warranted, the court shall appoint a receiver and 15263
notify the department of developmental disabilities and 15264
appropriate persons of this action.15265

       (C) A residential facility for which a receiver has been 15266
named is deemed to be in compliance with section 5123.19 and 15267
Chapter 3721. of the Revised Code for the duration of the 15268
receivership.15269

       (D) When the operating revenue of a residential facility in 15270
receivership is insufficient to meet its operating expenses, 15271
including the cost of bringing the facility into compliance with 15272
state or federal laws or regulations, the court may order the 15273
state to provide necessary funding, except as provided in division 15274
(K) of this section. The state shall provide such funding, subject 15275
to the approval of the controlling board. The court may also order 15276
the appropriate authorities to expedite all inspections necessary 15277
for the issuance of licenses or the certification of a facility, 15278
and order a facility to be closed if it determines that reasonable 15279
efforts cannot bring the facility into substantial compliance with 15280
the law.15281

       (E) In establishing a receivership, the court shall set forth 15282
the powers and duties of the receiver. The court may generally 15283
authorize the receiver to do all that is prudent and necessary to 15284
safely and efficiently operate the residential facility within the 15285
requirements of state and federal law, but shall require the 15286
receiver to obtain court approval prior to making any single 15287
expenditure of more than five thousand dollars to correct 15288
deficiencies in the structure or furnishings of a facility. The 15289
court shall closely review the conduct of the receiver it has 15290
appointed and shall require regular and detailed reports. The 15291
receivership shall be reviewed at least every sixty days.15292

       (F) A receivership established pursuant to this section shall 15293
be terminated, following notification of the appropriate parties 15294
and a hearing, if the court determines either of the following:15295

       (1) The residential facility has been closed and the former 15296
residents have been relocated to an appropriate facility.15297

       (2) Circumstances no longer exist at the facility that 15298
present a substantial risk of physical or mental harm to 15299
residents, and there is no deficiency in the facility that is 15300
likely to create a future risk of harm.15301

       Notwithstanding division (F)(2) of this section, the court 15302
shall not terminate a receivership for a residential facility that 15303
has previously operated under another receivership unless the 15304
responsibility for the operation of the facility is transferred to 15305
an operator approved by the court and the department of 15306
developmental disabilities.15307

       (G) The department of developmental disabilities may, upon 15308
its own initiative or at the request of an owner, operator, or 15309
resident of a residential facility, or at the request of a 15310
resident's guardian or relative or a county board of developmental 15311
disabilities, petition the court to appoint a receiver to take 15312
possession of and operate a residential facility. When the 15313
department has been requested to file a petition by any of the 15314
parties listed above, it shall, within forty-eight hours of such 15315
request, either file such a petition or notify the requesting 15316
party of its decision not to file. If the department refuses to 15317
file, the requesting party may file a petition with the court 15318
requesting the appointment of a receiver to take possession of and 15319
operate a residential facility.15320

       Petitions filed pursuant to this division shall include the 15321
following:15322

       (1) A description of the specific conditions existing at the 15323
facility which present a substantial risk of physical or mental 15324
harm to residents;15325

       (2) A statement of the absence of other adequate remedies at 15326
law;15327

       (3) The number of individuals residing at the facility;15328

       (4) A statement that the facts have been brought to the 15329
attention of the owner or licensee and that conditions have not 15330
been remedied within a reasonable period of time or that the 15331
conditions, though remedied periodically, habitually exist at the 15332
facility as a pattern or practice;15333

       (5) The name and address of the person holding the license 15334
for the facility and the address of the department of 15335
developmental disabilities.15336

       The court may award to an operator appropriate costs and 15337
expenses, including reasonable attorney's fees, if it determines 15338
that a petitioner has initiated a proceeding in bad faith or 15339
merely for the purpose of harassing or embarrassing the operator.15340

       (H) Except for the department of developmental disabilities 15341
or a county board of developmental disabilities, no party or 15342
person interested in an action shall be appointed a receiver 15343
pursuant to this section.15344

       To assist the court in identifying persons qualified to be 15345
named as receivers, the director of developmental disabilities or 15346
the director's designee shall maintain a list of the names of such 15347
persons. The director shall, in accordance with Chapter 119. of 15348
the Revised Code, establish standards for evaluating persons 15349
desiring to be included on such a list.15350

       (I) Before a receiver enters upon the duties of that person, 15351
the receiver must be sworn to perform the duties of receiver 15352
faithfully, and, with surety approved by the court, judge, or 15353
clerk, execute a bond to such person, and in such sum as the court 15354
or judge directs, to the effect that such receiver will faithfully 15355
discharge the duties of receiver in the action, and obey the 15356
orders of the court therein.15357

       (J) Under the control of the appointing court, a receiver may 15358
bring and defend actions in the receiver's own name as receiver 15359
and take and keep possession of property.15360

       The court shall authorize the receiver to do the following:15361

       (1) Collect payment for all goods and services provided to 15362
the residents or others during the period of the receivership at 15363
the same rate as was charged by the licensee at the time the 15364
petition for receivership was filed, unless a different rate is 15365
set by the court;15366

       (2) Honor all leases, mortgages, and secured transactions 15367
governing all buildings, goods, and fixtures of which the receiver 15368
has taken possession and continues to use, subject to the 15369
following conditions:15370

       (a) In the case of a rental agreement, only to the extent of 15371
payments that are for the use of the property during the period of 15372
the receivership;15373

       (b) In the case of a purchase agreement only to the extent of 15374
payments that come due during the period of the receivership.15375

       (3) If transfer of residents is necessary, provide for the 15376
orderly transfer of residents by doing the following:15377

       (a) Cooperating with all appropriate state and local agencies 15378
in carrying out the transfer of residents to alternative community 15379
placements;15380

       (b) Providing for the transportation of residents' belongings 15381
and records;15382

       (c) Helping to locate alternative placements and develop 15383
discharge plans;15384

       (d) Preparing residents for the trauma of discharge;15385

       (e) Permitting residents or guardians to participate in 15386
transfer or discharge planning except when an emergency exists and 15387
immediate transfer is necessary.15388

       (4) Make periodic reports on the status of the residential 15389
program to the appropriate state agency, county board of 15390
developmental disabilities, parents, guardians, and residents;15391

       (5) Compromise demands or claims;15392

       (6) Generally do such acts respecting the residential 15393
facility as the court authorizes.15394

       (K) Neither the receiver nor the department of developmental 15395
disabilities is liable for debts incurred by the owner or operator 15396
of a residential facility for which a receiver has been appointed.15397

       (L) The department of developmental disabilities may contract 15398
for the operation of a residential facility in receivership. The 15399
department shall establish the conditions of a contract. 15400
Notwithstanding any other provision of law, contracts that are 15401
necessary to carry out the powers and duties of the receiver need 15402
not be competitively bid.15403

       (M) The department of developmental disabilities, the 15404
department of job and family services, and the department of 15405
health shall provide technical assistance to any receiver 15406
appointed pursuant to this section.15407

       Sec. 5123.21.  The director of developmental disabilities or 15408
the director's designee may transfer or authorize the transfer of 15409
an involuntary resident or a consenting voluntary resident from 15410
one public institution to another or to an institution other than 15411
a public institution or other facility, if the director determines 15412
that it would be consistent with the habilitation needs of the 15413
resident to do so.15414

       Before an involuntary resident may be transferred to a more 15415
restrictive setting, the managing officer of the institution shall 15416
file a motion with the court requesting the court to amend its 15417
order of placement issued under section 5123.76 of the Revised 15418
Code. At the resident's request, the court shall hold a hearing on 15419
the motion at which the resident has the same rights as at a full 15420
hearing under section 5123.76 of the Revised Code.15421

       Whenever a resident is transferred, the director shall give 15422
written notice of the transfer to the resident's legal guardian, 15423
parents, spouse, and counsel, or, if none is known, to the 15424
resident's nearest known relative or friend. If the resident is a 15425
minor, the departmentdirector before making such a transfer shall 15426
make a minute of the order for the transfer and the reason for it 15427
upon its record and shall send a certified copy at least seven 15428
days prior to the transfer to the person shown by its record to 15429
have had the care or custody of the minor immediately prior to the 15430
minor's commitment. Whenever a consenting voluntary resident is 15431
transferred, the notification shall be given only at the 15432
resident's request. The managing officer shall advise a voluntary 15433
resident who is being transferred that the patient may decide if 15434
such a notification shall be given. In all such transfers, due 15435
consideration shall be given to the relationship of the resident 15436
to the resident's family, legal guardian, or friends, so as to 15437
maintain relationships and encourage visits beneficial to the 15438
resident.15439

       Sec. 5123.61.  (A) As used in this section:15440

       (1) "Law enforcement agency" means the state highway patrol, 15441
the police department of a municipal corporation, or a county 15442
sheriff.15443

       (2) "Abuse" has the same meaning as in section 5123.50 of the 15444
Revised Code, except that it includes a misappropriation, as 15445
defined in that section.15446

       (3) "Neglect" has the same meaning as in section 5123.50 of 15447
the Revised Code.15448

       (B) The department of developmental disabilities shall 15449
establish a registry office for the purpose of maintaining reports 15450
of abuse, neglect, and other major unusual incidents made to the 15451
department under this section and reports received from county 15452
boards of developmental disabilities under section 5126.31 of the 15453
Revised Code. The department shall establish committees to review 15454
reports of abuse, neglect, and other major unusual incidents.15455

       (C)(1) Any person listed in division (C)(2) of this section, 15456
having reason to believe that a person with mental retardation or 15457
a developmental disability has suffered or faces a substantial 15458
risk of suffering any wound, injury, disability, or condition of 15459
such a nature as to reasonably indicate abuse or neglect of that 15460
person, shall immediately report or cause reports to be made of 15461
such information to the entity specified in this division. Except 15462
as provided in section 5120.173 of the Revised Code or as 15463
otherwise provided in this division, the person making the report 15464
shall make it to a law enforcement agency or to the county board 15465
of developmental disabilities. If the report concerns a resident 15466
of a facility operated by the department of developmental 15467
disabilities the report shall be made either to a law enforcement 15468
agency or to the department. If the report concerns any act or 15469
omission of an employee of a county board of developmental 15470
disabilities, the report immediately shall be made to the 15471
department and to the county board.15472

       (2) All of the following persons are required to make a 15473
report under division (C)(1) of this section:15474

       (a) Any physician, including a hospital intern or resident, 15475
any dentist, podiatrist, chiropractor, practitioner of a limited 15476
branch of medicine as specified in section 4731.15 of the Revised 15477
Code, hospital administrator or employee of a hospital, nurse 15478
licensed under Chapter 4723. of the Revised Code, employee of an 15479
ambulatory health facility as defined in section 5101.61 of the 15480
Revised Code, employee of a home health agency, employee of a 15481
residential facility licensed under section 5119.34 of the Revised 15482
Code that provides accommodations, supervision, and person care 15483
services for three to sixteen unrelated adults, or employee of a 15484
community mental health facility;15485

       (b) Any school teacher or school authority, social worker, 15486
psychologist, attorney, peace officer, coroner, or residents' 15487
rights advocate as defined in section 3721.10 of the Revised Code;15488

       (c) A superintendent, board member, or employee of a county 15489
board of developmental disabilities; an administrator, board 15490
member, or employee of a residential facility licensed under 15491
section 5123.19 of the Revised Code; an administrator, board 15492
member, or employee of any other public or private provider of 15493
services to a person with mental retardation or a developmental 15494
disability, or any MR/DD employee, as defined in section 5123.50 15495
of the Revised Code;15496

       (d) A member of a citizen's advisory council established at 15497
an institution or branch institution of the department of 15498
developmental disabilities under section 5123.092 of the Revised 15499
Code;15500

       (e) A member of the clergy who is employed in a position that 15501
includes providing specialized services to an individual with 15502
mental retardation or another developmental disability, while 15503
acting in an official or professional capacity in that position, 15504
or a person who is employed in a position that includes providing 15505
specialized services to an individual with mental retardation or 15506
another developmental disability and who, while acting in an 15507
official or professional capacity, renders spiritual treatment 15508
through prayer in accordance with the tenets of an organized 15509
religion.15510

       (3)(a) The reporting requirements of this division do not 15511
apply to employees of the Ohio protection and advocacy system.15512

       (b) An attorney or physician is not required to make a report 15513
pursuant to division (C)(1) of this section concerning any 15514
communication the attorney or physician receives from a client or 15515
patient in an attorney-client or physician-patient relationship, 15516
if, in accordance with division (A) or (B) of section 2317.02 of 15517
the Revised Code, the attorney or physician could not testify with 15518
respect to that communication in a civil or criminal proceeding, 15519
except that the client or patient is deemed to have waived any 15520
testimonial privilege under division (A) or (B) of section 2317.02 15521
of the Revised Code with respect to that communication and the 15522
attorney or physician shall make a report pursuant to division 15523
(C)(1) of this section, if both of the following apply:15524

       (i) The client or patient, at the time of the communication, 15525
is a person with mental retardation or a developmental disability.15526

       (ii) The attorney or physician knows or suspects, as a result 15527
of the communication or any observations made during that 15528
communication, that the client or patient has suffered or faces a 15529
substantial risk of suffering any wound, injury, disability, or 15530
condition of a nature that reasonably indicates abuse or neglect 15531
of the client or patient.15532

       (4) Any person who fails to make a report required under 15533
division (C) of this section and who is an MR/DD employee, as 15534
defined in section 5123.50 of the Revised Code, shall be eligible 15535
to be included in the registry regarding misappropriation, abuse, 15536
neglect, or other specified misconduct by MR/DD employees 15537
established under section 5123.52 of the Revised Code.15538

       (D) The reports required under division (C) of this section 15539
shall be made forthwith by telephone or in person and shall be 15540
followed by a written report. The reports shall contain the 15541
following:15542

       (1) The names and addresses of the person with mental 15543
retardation or a developmental disability and the person's 15544
custodian, if known;15545

       (2) The age of the person with mental retardation or a 15546
developmental disability;15547

       (3) Any other information that would assist in the 15548
investigation of the report.15549

       (E) When a physician performing services as a member of the 15550
staff of a hospital or similar institution has reason to believe 15551
that a person with mental retardation or a developmental 15552
disability has suffered injury, abuse, or physical neglect, the 15553
physician shall notify the person in charge of the institution or 15554
that person's designated delegate, who shall make the necessary 15555
reports.15556

       (F) Any person having reasonable cause to believe that a 15557
person with mental retardation or a developmental disability has 15558
suffered or faces a substantial risk of suffering abuse or neglect 15559
may report or cause a report to be made of that belief to the 15560
entity specified in this division. Except as provided in section 15561
5120.173 of the Revised Code or as otherwise provided in this 15562
division, the person making the report shall make it to a law 15563
enforcement agency or the county board of developmental 15564
disabilities. If the person is a resident of a facility operated 15565
by the department of developmental disabilities, the report shall 15566
be made to a law enforcement agency or to the department. If the 15567
report concerns any act or omission of an employee of a county 15568
board of developmental disabilities, the report immediately shall 15569
be made to the department and to the county board.15570

       (G)(1) Upon the receipt of a report concerning the possible 15571
abuse or neglect of a person with mental retardation or a 15572
developmental disability, the law enforcement agency shall inform 15573
the county board of developmental disabilities or, if the person 15574
is a resident of a facility operated by the department of 15575
developmental disabilities, the director of the department or the 15576
director's designee.15577

       (2) On receipt of a report under this section that includes 15578
an allegation of action or inaction that may constitute a crime 15579
under federal law or the law of this state, the department of 15580
developmental disabilities shall notify the law enforcement 15581
agency.15582

       (3) When a county board of developmental disabilities 15583
receives a report under this section that includes an allegation 15584
of action or inaction that may constitute a crime under federal 15585
law or the law of this state, the superintendent of the board or 15586
an individual the superintendent designates under division (H) of 15587
this section shall notify the law enforcement agency. The 15588
superintendent or individual shall notify the department of 15589
developmental disabilities when it receives any report under this 15590
section.15591

       (4) When a county board of developmental disabilities 15592
receives a report under this section and believes that the degree 15593
of risk to the person is such that the report is an emergency, the 15594
superintendent of the board or an employee of the board the 15595
superintendent designates shall attempt a face-to-face contact 15596
with the person with mental retardation or a developmental 15597
disability who allegedly is the victim within one hour of the 15598
board's receipt of the report.15599

       (H) The superintendent of the board may designate an 15600
individual to be responsible for notifying the law enforcement 15601
agency and the department when the county board receives a report 15602
under this section.15603

       (I) An adult with mental retardation or a developmental 15604
disability about whom a report is made may be removed from the 15605
adult's place of residence only by law enforcement officers who 15606
consider that the adult's immediate removal is essential to 15607
protect the adult from further injury or abuse or in accordance 15608
with the order of a court made pursuant to section 5126.33 of the 15609
Revised Code.15610

       (J) A law enforcement agency shall investigate each report of 15611
abuse or neglect it receives under this section. In addition, the 15612
department, in cooperation with law enforcement officials, shall 15613
investigate each report regarding a resident of a facility 15614
operated by the department to determine the circumstances 15615
surrounding the injury, the cause of the injury, and the person 15616
responsible. The investigation shall be in accordance with the 15617
memorandum of understanding prepared under section 5126.058 of the 15618
Revised Code. The department shall determine, with the registry 15619
office which shall be maintained by the department, whether prior 15620
reports have been made concerning an adult with mental retardation 15621
or a developmental disability or other principals in the case. If 15622
the department finds that the report involves action or inaction 15623
that may constitute a crime under federal law or the law of this 15624
state, it shall submit a report of its investigation, in writing, 15625
to the law enforcement agency. If the person with mental 15626
retardation or a developmental disability is an adult, with the 15627
consent of the adult, the department shall provide such protective 15628
services as are necessary to protect the adult. The law 15629
enforcement agency shall make a written report of its findings to 15630
the department.15631

       If the person is an adult and is not a resident of a facility 15632
operated by the department, the county board of developmental 15633
disabilities shall review the report of abuse or neglect in 15634
accordance with sections 5126.30 to 5126.33 of the Revised Code 15635
and the law enforcement agency shall make the written report of 15636
its findings to the county board.15637

       (K) Any person or any hospital, institution, school, health 15638
department, or agency participating in the making of reports 15639
pursuant to this section, any person participating as a witness in 15640
an administrative or judicial proceeding resulting from the 15641
reports, or any person or governmental entity that discharges 15642
responsibilities under sections 5126.31 to 5126.33 of the Revised 15643
Code shall be immune from any civil or criminal liability that 15644
might otherwise be incurred or imposed as a result of such actions 15645
except liability for perjury, unless the person or governmental 15646
entity has acted in bad faith or with malicious purpose.15647

       (L) No employer or any person with the authority to do so 15648
shall discharge, demote, transfer, prepare a negative work 15649
performance evaluation, reduce pay or benefits, terminate work 15650
privileges, or take any other action detrimental to an employee or 15651
retaliate against an employee as a result of the employee's having 15652
made a report under this section. This division does not preclude 15653
an employer or person with authority from taking action with 15654
regard to an employee who has made a report under this section if 15655
there is another reasonable basis for the action.15656

       (M) Reports made under this section are not public records as 15657
defined in section 149.43 of the Revised Code. Information 15658
contained in the reports on request shall be made available to the 15659
person who is the subject of the report, to the person's legal 15660
counsel, and to agencies authorized to receive information in the 15661
report by the department or by a county board of developmental 15662
disabilities.15663

       (N) Notwithstanding section 4731.22 of the Revised Code, the 15664
physician-patient privilege shall not be a ground for excluding 15665
evidence regarding the injuries or physical neglect of a person 15666
with mental retardation or a developmental disability or the cause 15667
thereof in any judicial proceeding resulting from a report 15668
submitted pursuant to this section.15669

       Sec. 5123.75.  A respondent who is involuntarily placed in an 15670
institution or other place as designated in section 5123.77 of the 15671
Revised Code or with respect to whom proceedings have been 15672
instituted under section 5123.71 of the Revised Code shall, on 15673
request of the respondent, the respondent's guardian, or the 15674
respondent's counsel, or upon the court's own motion, be afforded 15675
a hearing to determine whether there is probable cause to believe 15676
that the respondent is a mentally retarded person subject to 15677
institutionalization by court order.15678

       (A) The probable cause hearing shall be conducted within two 15679
court days from the day on which the request is made. Failure to 15680
conduct the probable cause hearing within this time shall effect 15681
an immediate discharge of the respondent. If the proceedings are 15682
not reinstituted within thirty days, records of the proceedings 15683
shall be expunged.15684

       (B) The respondent shall be informed that the respondent may 15685
retain counsel and have independent expert evaluation and, if the 15686
respondent is an indigent person, be represented by court 15687
appointed counsel and have independent expert evaluation at court 15688
expense.15689

       (C) The probable cause hearing shall be conducted in a manner 15690
consistent with the procedures set forth in division (A) of 15691
section 5123.76 of the Revised Code, except divisions (A)(10) and 15692
(14) of that section, and the designee of the director of 15693
developmental disabilities under section 5123.72 of the Revised 15694
Code shall present evidence for the state.15695

       (D) If the court does not find probable cause to believe that 15696
the respondent is a mentally retarded person subject to 15697
institutionalization by court order, it shall order immediate 15698
release of the respondent and dismiss and expunge all record of 15699
the proceedings under this chapter.15700

       (E) On motion of the respondent or the respondent's counsel 15701
and for good cause shown, the court may order a continuance of the 15702
hearing.15703

       (F) If the court finds probable cause to believe that the 15704
respondent is a mentally retarded person subject to 15705
institutionalization by court order, the court may issue an 15706
interim order of placement and, where proceedings under section 15707
5123.71 of the Revised Code have been instituted, shall order a 15708
full hearing as provided in section 5123.76 of the Revised Code to 15709
be held on the question of whether the respondent is a mentally 15710
retarded person subject to institutionalization by court order. 15711
Unless specifically waived by the respondent or the respondent's 15712
counsel, the court shall schedule said hearing to be held as soon 15713
as possible within ten days from the probable cause hearing. A 15714
waiver of such full hearing at this point shall not preclude the 15715
respondent from asserting the respondent's right to such hearing 15716
under section 5123.76 of the Revised Code at any time prior to the 15717
mandatory hearing provided in division (H) of section 5123.76 of 15718
the Revised Code. In any case, if the respondent has waived the 15719
right to the full hearing, a mandatory hearing shall be held under 15720
division (H) of section 5123.76 of the Revised Code between the 15721
ninetieth and the one hundredth day after the original involuntary 15722
detention of the person unless the respondent has been discharged.15723

       (G) Whenever possible, the probable cause hearing shall be 15724
held before the respondent is taken into custody.15725

       Sec. 5123.76.  (A) The full hearing shall be conducted in a 15726
manner consistent with the procedures outlined in this chapter and 15727
with due process of law. The hearing shall be held by a judge of 15728
the probate division or, upon transfer by the judge of the probate 15729
division, by another judge of the court of common pleas, or a 15730
referee designated by the judge of the probate division. Any 15731
referee designated by the judge of the probate division must be an 15732
attorney.15733

       (1) The following shall be made available to counsel for the 15734
respondent:15735

       (a) All relevant documents, information, and evidence in the 15736
custody or control of the state or prosecutor;15737

       (b) All relevant documents, information, and evidence in the 15738
custody or control of the institution, facility, or program in 15739
which the respondent currently is held or in which the respondent 15740
has been held pursuant to these proceedings;15741

       (c) With the consent of the respondent, all relevant 15742
documents, information, and evidence in the custody or control of 15743
any institution or person other than the state.15744

       (2) The respondent has the right to be represented by counsel 15745
of the respondent's choice and has the right to attend the hearing 15746
except if unusual circumstances of compelling medical necessity 15747
exist that render the respondent unable to attend and the 15748
respondent has not expressed a desire to attend.15749

       (3) If the respondent is not represented by counsel and the 15750
court determines that the conditions specified in division (A)(2) 15751
of this section justify the respondent's absence and the right to 15752
counsel has not been validly waived, the court shall appoint 15753
counsel forthwith to represent the respondent at the hearing, 15754
reserving the right to tax costs of appointed counsel to the 15755
respondent unless it is shown that the respondent is indigent. If 15756
the court appoints counsel, or if the court determines that the 15757
evidence relevant to the respondent's absence does not justify the 15758
absence, the court shall continue the case.15759

       (4) The respondent shall be informed of the right to retain 15760
counsel, to have independent expert evaluation, and, if an 15761
indigent person, to be represented by court appointed counsel and 15762
have expert independent evaluation at court expense.15763

       (5) The hearing may be closed to the public unless counsel 15764
for the respondent requests that the hearing be open to the 15765
public.15766

       (6) Unless objected to by the respondent, the respondent's 15767
counsel, or the designee of the director of developmental 15768
disabilities under section 5123.72 of the Revised Code, the court, 15769
for good cause shown, may admit persons having a legitimate 15770
interest in the proceedings.15771

       (7) The affiant under section 5123.71 of the Revised Code 15772
shall be subject to subpoena by either party.15773

       (8) The court shall examine the sufficiency of all documents 15774
filed and shall inform the respondent, if present, and the 15775
respondent's counsel of the nature of the content of the documents 15776
and the reason for which the respondent is being held or for which 15777
the respondent's placement is being sought.15778

       (9) The court shall receive only relevant, competent, and 15779
material evidence.15780

       (10) TheIn accordance with section 5123.72 of the Revised 15781
Code, the designee of the director shall present the evidence for 15782
the state. In proceedings under this chapter, the attorney general 15783
shall present the comprehensive evaluation, assessment, diagnosis, 15784
prognosis, record of habilitation and care, if any, and less 15785
restrictive habilitation plans, if any. The attorney general does 15786
not have a similar presentation responsibility in connection with 15787
a person who has been found not guilty by reason of insanity and 15788
who is the subject of a hearing under section 2945.40 of the 15789
Revised Code to determine whether the person is a mentally 15790
retarded person subject to institutionalization by court order.15791

       (11) The respondent has the right to testify and the 15792
respondent or the respondent's counsel has the right to subpoena 15793
witnesses and documents and to present and cross-examine 15794
witnesses.15795

       (12) The respondent shall not be compelled to testify and 15796
shall be so advised by the court.15797

       (13) On motion of the respondent or the respondent's counsel 15798
for good cause shown, or upon the court's own motion, the court 15799
may order a continuance of the hearing.15800

       (14) To an extent not inconsistent with this chapter, the 15801
Rules of Civil Procedure shall be applicable.15802

       (B) Unless, upon completion of the hearing, the court finds 15803
by clear and convincing evidence that the respondent named in the 15804
affidavit is a mentally retarded person subject to 15805
institutionalization by court order, it shall order the 15806
respondent's discharge forthwith.15807

       (C) If, upon completion of the hearing, the court finds by 15808
clear and convincing evidence that the respondent is a mentally 15809
retarded person subject to institutionalization by court order, 15810
the court may order the respondent's discharge or order the 15811
respondent, for a period not to exceed ninety days, to any of the 15812
following:15813

       (1) A public institution, provided that commitment of the 15814
respondent to the institution will not cause the institution to 15815
exceed its licensed capacity determined in accordance with section 15816
5123.19 of the Revised Code and provided that such a placement is 15817
indicated by the comprehensive evaluation report filed pursuant to 15818
section 5123.71 of the Revised Code;15819

       (2) A private institution;15820

       (3) A county mental retardation program;15821

       (4) Receive private habilitation and care;15822

       (5) Any other suitable facility, program, or the care of any 15823
person consistent with the comprehensive evaluation, assessment, 15824
diagnosis, prognosis, and habilitation needs of the respondent.15825

       (D) Any order made pursuant to division (C)(2), (4), or (5) 15826
of this section shall be conditional upon the receipt by the court 15827
of consent by the facility, program, or person to accept the 15828
respondent.15829

       (E) In determining the place to which, or the person with 15830
whom, the respondent is to be committed, the court shall consider 15831
the comprehensive evaluation, assessment, diagnosis, and projected 15832
habilitation plan for the respondent, and shall order the 15833
implementation of the least restrictive alternative available and 15834
consistent with habilitation goals.15835

       (F) If, at any time it is determined by the director of the 15836
facility or program to which, or the person to whom, the 15837
respondent is committed that the respondent could be equally well 15838
habilitated in a less restrictive environment that is available, 15839
the following shall occur:15840

       (1) The respondent shall be released by the director of the 15841
facility or program or by the person forthwith and referred to the 15842
court together with a report of the findings and recommendations 15843
of the facility, program, or person.15844

       (2) The director of the facility or program or the person 15845
shall notify the respondent's counsel and the designee of the 15846
director of developmental disabilities.15847

       (3) The court shall dismiss the case or order placement in 15848
the less restrictive environment.15849

       (G)(1) Except as provided in divisions (G)(2) and (3) of this 15850
section, any person who has been committed under this section may 15851
apply at any time during the ninety-day period for voluntary 15852
admission to an institution under section 5123.69 of the Revised 15853
Code. Upon admission of a voluntary resident, the managing officer 15854
immediately shall notify the court, the respondent's counsel, and 15855
the designee of the director in writing of that fact by mail or 15856
otherwise, and, upon receipt of the notice, the court shall 15857
dismiss the case.15858

       (2) A person who is found incompetent to stand trial or not 15859
guilty by reason of insanity and who is committed pursuant to 15860
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 15861
Code shall not be voluntarily admitted to an institution pursuant 15862
to division (G)(1) of this section until after the termination of 15863
the commitment, as described in division (J) of section 2945.401 15864
of the Revised Code.15865

       (H) If, at the end of any commitment period, the respondent 15866
has not already been discharged or has not requested voluntary 15867
admission status, the director of the facility or program, or the 15868
person to whose care the respondent has been committed, shall 15869
discharge the respondent forthwith, unless at least ten days 15870
before the expiration of that period the designee of the director 15871
of developmental disabilities or the prosecutor files an 15872
application with the court requesting continued commitment.15873

       (1) An application for continued commitment shall include a 15874
written report containing a current comprehensive evaluation and 15875
assessment, a diagnosis, a prognosis, an account of progress and 15876
past habilitation, and a description of alternative habilitation 15877
settings and plans, including a habilitation setting that is the 15878
least restrictive setting consistent with the need for 15879
habilitation. A copy of the application shall be provided to 15880
respondent's counsel. The requirements for notice under section 15881
5123.73 of the Revised Code and the provisions of divisions (A) to 15882
(E) of this section apply to all hearings on such applications.15883

       (2) A hearing on the first application for continued 15884
commitment shall be held at the expiration of the first ninety-day 15885
period. The hearing shall be mandatory and may not be waived.15886

       (3) Subsequent periods of commitment not to exceed one 15887
hundred eighty days each may be ordered by the court if the 15888
designee of the director of developmental disabilities files an 15889
application for continued commitment, after a hearing is held on 15890
the application or without a hearing if no hearing is requested 15891
and no hearing required under division (H)(4) of this section is 15892
waived. Upon the application of a person involuntarily committed 15893
under this section, supported by an affidavit of a licensed 15894
physician alleging that the person is no longer a mentally 15895
retarded person subject to institutionalization by court order, 15896
the court for good cause shown may hold a full hearing on the 15897
person's continued commitment prior to the expiration of any 15898
subsequent period of commitment set by the court.15899

       (4) A mandatory hearing shall be held at least every two 15900
years after the initial commitment.15901

       (5) If the court, after a hearing upon a request to continue 15902
commitment, finds that the respondent is a mentally retarded 15903
person subject to institutionalization by court order, the court 15904
may make an order pursuant to divisions (C), (D), and (E) of this 15905
section.15906

       (I) Notwithstanding the provisions of division (H) of this 15907
section, no person who is found to be a mentally retarded person 15908
subject to institutionalization by court order pursuant to 15909
division (O)(2) of section 5123.01 of the Revised Code shall be 15910
held under involuntary commitment for more than five years.15911

       (J) The managing officer admitting a person pursuant to a 15912
judicial proceeding, within ten working days of the admission, 15913
shall make a report of the admission to the department.15914

       Sec. 5123.89.  (A) As used in this section:15915

        (1) "Family" means a parent, brother, sister, spouse, son, 15916
daughter, grandparent, aunt, uncle, or cousin.15917

        (2) "Payment" means activities undertaken by a service 15918
provider or government entity to obtain or provide reimbursement 15919
for services provided to a person.15920

       (3) "Treatment" means the provision of services to a person, 15921
including the coordination or management of services provided to 15922
the person.15923

        (B) All certificates, applications, records, and reports made 15924
for the purpose of this chapter, other than court journal entries 15925
or court docket entries, which directly or indirectly identify a 15926
resident or former resident of an institution for the mentally 15927
retarded or person whose institutionalization has been sought 15928
under this chapter shall be kept confidential and shall not be 15929
disclosed by any person except in the following situations:15930

       (1) It is the judgment of the court for judicial records, and 15931
the managing officer for institution records, that disclosure is 15932
in the best interest of the person identified, and that person or 15933
that person's guardian or, if that person is a minor, that 15934
person's parent or guardian consents.15935

       (2) Disclosure is provided for in other sections of this 15936
chapter.15937

       (3) It is the judgment of the managing officer for 15938
institution records that disclosure to a mental health facility is 15939
in the best interest of the person identified.15940

       (4) Disclosure is of a record deposited with the Ohio 15941
historical society pursuant to division (C) of section 5123.31 of 15942
the Revised Code and the disclosure is made to the closest living 15943
relative of the person identified, on the relative's request.15944

       (B)(5) Disclosure is needed for the treatment of a person who 15945
is a resident or former resident of an institution for the 15946
mentally retarded or a person whose institutionalization has been 15947
sought under this chapter or is needed for the payment of services 15948
provided to the person.15949

       (C) The department of developmental disabilities shall adopt 15950
rules with respect to the systematic and periodic destruction of 15951
residents' records.15952

       (C)(1) As used in this division, "family" means a parent, 15953
brother, sister, spouse, son, daughter, grandparent, aunt, uncle, 15954
or cousin.15955

       (2)(D) Upon the death of a resident or former resident of an 15956
institution for the mentally retarded or a person whose 15957
institutionalization was sought under this chapter, the managing 15958
officer of an institution shall provide access to the 15959
certificates, applications, records, and reports made for the 15960
purposes of this chapter to the resident's, former resident's, or 15961
person's guardian if the guardian makes a written request. If a 15962
deceased resident, former resident, or person whose 15963
institutionalization was sought under this chapter did not have a 15964
guardian at the time of death, the managing officer shall provide 15965
access to the certificates, applications, records, and reports 15966
made for purposes of this chapter to a member of the person's 15967
family, upon that family member's written request.15968

       (D)(E) No person shall reveal the contents of a record of a 15969
resident except as authorized by this chapter.15970

       Sec. 5124.01.  As used in this chapter:15971

       (A) "Affiliated operator" means an operator affiliated with 15972
either of the following:15973

       (1) The exiting operator for whom the affiliated operator is 15974
to assume liability for the entire amount of the exiting 15975
operator's debt under the medicaid program or the portion of the 15976
debt that represents the franchise permit fee the exiting operator 15977
owes;15978

       (2) The entering operator involved in the change of operator 15979
with the exiting operator specified in division (A)(1) of this 15980
section.15981

       (B) "Allowable costs" means an ICF/IID's costs that the 15982
department of developmental disabilities determines are 15983
reasonable. Fines paid under section 5124.99 of the Revised Code 15984
are not allowable costs.15985

       (C) "Capital costs" means an ICF/IID's costs of ownership and 15986
costs of nonextensive renovation.15987

       (D) "Case-mix score" means the measure determined under 15988
section 5124.192 of the Revised Code of the relative direct-care 15989
resources needed to provide care and habilitation to an ICF/IID 15990
resident.15991

       (E) "Change of operator" means an entering operator becoming 15992
the operator of an ICF/IID in the place of the exiting operator.15993

       (1) Actions that constitute a change of operator include the 15994
following:15995

       (a) A change in an exiting operator's form of legal 15996
organization, including the formation of a partnership or 15997
corporation from a sole proprietorship;15998

       (b) A transfer of all the exiting operator's ownership 15999
interest in the operation of the ICF/IID to the entering operator, 16000
regardless of whether ownership of any or all of the real property 16001
or personal property associated with the ICF/IID is also 16002
transferred;16003

       (c) A lease of the ICF/IID to the entering operator or the 16004
exiting operator's termination of the exiting operator's lease;16005

       (d) If the exiting operator is a partnership, dissolution of 16006
the partnership;16007

       (e) If the exiting operator is a partnership, a change in 16008
composition of the partnership unless both of the following apply:16009

       (i) The change in composition does not cause the 16010
partnership's dissolution under state law.16011

       (ii) The partners agree that the change in composition does 16012
not constitute a change in operator.16013

       (f) If the operator is a corporation, dissolution of the 16014
corporation, a merger of the corporation into another corporation 16015
that is the survivor of the merger, or a consolidation of one or 16016
more other corporations to form a new corporation.16017

       (2) The following, alone, do not constitute a change of 16018
operator:16019

       (a) A contract for an entity to manage an ICF/IID as the 16020
operator's agent, subject to the operator's approval of daily 16021
operating and management decisions;16022

       (b) A change of ownership, lease, or termination of a lease 16023
of real property or personal property associated with an ICF/IID 16024
if an entering operator does not become the operator in place of 16025
an exiting operator;16026

       (c) If the operator is a corporation, a change of one or more 16027
members of the corporation's governing body or transfer of 16028
ownership of one or more shares of the corporation's stock, if the 16029
same corporation continues to be the operator.16030

       (F) "Cost center" means the following:16031

       (1) Capital costs;16032

       (2) Direct care costs;16033

       (3) Indirect care costs;16034

       (4) Other protected costs.16035

       (G) "Costs of nonextensive renovations" means the actual 16036
expense incurred by an ICF/IID for depreciation or amortization 16037
and interest on renovations that are not extensive renovations.16038

       (H)(1) "Costs of ownership" means the actual expenses 16039
incurred by an ICF/IID for all of the following:16040

       (a) Subject to division (H)(2) of this section, depreciation 16041
and interest on any capital assets that cost five hundred dollars 16042
or more per item, including the following:16043

       (i) Buildings;16044

       (ii) Building improvements that are not approved as 16045
nonextensive renovations under section 5124.17 of the Revised 16046
Code;16047

       (iii) Equipment;16048

       (iv) Extensive renovations;16049

       (v) Transportation equipment.16050

       (b) Amortization and interest on land improvements and 16051
leasehold improvements;16052

       (c) Amortization of financing costs;16053

       (d) Except as provided in division (Z) of this section, lease 16054
and rent of land, building, and equipment.16055

       (2) The costs of capital assets of less than five hundred 16056
dollars per item may be considered costs of ownership in 16057
accordance with an ICF/IID provider's practice.16058

       (I)(1) "Date of licensure" means the following:16059

       (a) In the case of an ICF/IID that was originally licensed as 16060
a nursing home under Chapter 3721. of the Revised Code, the date 16061
that it was originally so licensed, regardless that it was 16062
subsequently licensed as a residential facility under section 16063
5123.19 of the Revised Code;16064

       (b) In the case of an ICF/IID that was originally licensed as 16065
a residential facility under section 5123.19 of the Revised Code, 16066
the date it was originally so licensed;16067

       (c) In the case of an ICF/IID that was not required by law to 16068
be licensed as a nursing home or residential facility when it was 16069
originally operated as a residential facility, the date it first 16070
was operated as a residential facility, regardless of the date the 16071
ICF/IID was first licensed as a nursing home or residential 16072
facility.16073

       (2) If, after an ICF/IID's original date of licensure, more 16074
residential facility beds are added to the ICF/IID or all or part 16075
of the ICF/IID undergoes an extensive renovation, the ICF/IID has 16076
a different date of licensure for the additional beds or 16077
extensively renovated portion of the ICF/IID. This does not apply, 16078
however, to additional beds when both of the following apply:16079

       (a) The additional beds are located in a part of the ICF/IID 16080
that was constructed at the same time as the continuing beds 16081
already located in that part of the ICF/IID;.16082

       (b) The part of the ICF/IID in which the additional beds are 16083
located was constructed as part of the ICF/IID at a time when the 16084
ICF/IID was not required by law to be licensed as a nursing home 16085
or residential facility.16086

       (3) The definition of "date of licensure" in this section 16087
applies in determinations of ICFs/IID's medicaid payment rates but 16088
does not apply in determinations of ICFs/IID's franchise permit 16089
fees under sections 5168.60 to 5168.71 of the Revised Code.16090

       (J) "Desk-reviewed" means that an ICF/IID's costs as reported 16091
on a cost report filed under section 5124.10 or 5124.101 of the 16092
Revised Code have been subjected to a desk review under section 16093
5124.108 of the Revised Code and preliminarily determined to be 16094
allowable costs.16095

       (K) "Developmental center" means a residential facility that 16096
is maintained and operated by the department of developmental 16097
disabilities.16098

       (L) "Direct care costs" means all of the following costs 16099
incurred by an ICF/IID:16100

       (1) Costs for registered nurses, licensed practical nurses, 16101
and nurse aides employed by the ICF/IID;16102

       (2) Costs for direct care staff, administrative nursing 16103
staff, medical directors, respiratory therapists, physical 16104
therapists, physical therapy assistants, occupational therapists, 16105
occupational therapy assistants, speech therapists, audiologists, 16106
habilitation staff (including habilitation supervisors), qualified 16107
intellectual disability professionals, program directors, social 16108
services staff, activities staff, off-site day programming, 16109
psychologists, psychology assistants, social workers, counselors, 16110
and other persons holding degrees qualifying them to provide 16111
therapy;16112

       (3) Costs of purchased nursing services;16113

       (4) Costs of training and staff development, employee 16114
benefits, payroll taxes, and workers' compensation premiums or 16115
costs for self-insurance claims and related costs as specified in 16116
rules adopted under section 5124.03 of the Revised Code, for 16117
personnel listed in divisions (L)(1), (2), and (3) of this 16118
section;16119

       (5) Costs of quality assurance;16120

       (6) Costs of consulting and management fees related to direct 16121
care;16122

       (7) Allocated direct care home office costs;16123

       (8) Costs of other direct-care resources that are specified 16124
as direct care costs in rules adopted under section 5124.03 of the 16125
Revised Code.16126

       (M) "Downsized ICF/IID" means an ICF/IID that permanently 16127
reduced its medicaid-certified capacity pursuant to a plan 16128
approved by the department of developmental disabilities under 16129
section 5123.042 of the Revised Code.16130

       (N) "Effective date of a change of operator" means the day 16131
the entering operator becomes the operator of the ICF/IID.16132

       (O) "Effective date of a facility closure" means the last day 16133
that the last of the residents of the ICF/IID resides in the 16134
ICF/IID.16135

       (P) "Effective date of an involuntary termination" means the 16136
date the department of medicaid terminates the operator's provider 16137
agreement for the ICF/IID or the last day that such a provider 16138
agreement is in effect when the department cancels or refuses to 16139
revalidate it.16140

       (Q) "Effective date of a voluntary termination" means the day 16141
the ICF/IID ceases to accept medicaid recipients.16142

       (R) "Entering operator" means the person or government entity 16143
that will become the operator of an ICF/IID when a change of 16144
operator occurs or following an involuntary termination.16145

       (S) "Exiting operator" means any of the following:16146

       (1) An operator that will cease to be the operator of an 16147
ICF/IID on the effective date of a change of operator;16148

       (2) An operator that will cease to be the operator of an 16149
ICF/IID on the effective date of a facility closure;16150

       (3) An operator of an ICF/IID that is undergoing or has 16151
undergone a voluntary termination;16152

       (4) An operator of an ICF/IID that is undergoing or has 16153
undergone an involuntary termination.16154

       (T)(1) "Extensive renovation" means the following:16155

       (a) An ICF/IID's betterment, improvement, or restoration to 16156
which both of the following apply:16157

       (i) It was started before July 1, 1993;.16158

       (ii) It meets the definition of "extensive renovation" 16159
established in rules that were adopted by the director of job and 16160
family services and in effect on December 22, 1992.16161

       (b) An ICF/IID's betterment, improvement, or restoration to 16162
which all of the following apply:16163

       (i) It was started on or after July 1, 1993;.16164

       (ii) Except as provided in division (T)(2) of this section, 16165
it costs more than sixty-five per cent and not more than 16166
eighty-five per cent of the cost of constructing a new bed;.16167

       (iii) It extends the useful life of the assets for at least 16168
ten years.16169

       (2) The department of developmental disabilities may treat a 16170
renovation that costs more than eighty-five per cent of the cost 16171
of constructing new beds as an extensive renovation if the 16172
department determines that the renovation is more prudent than 16173
construction of new beds.16174

       (3) For the purpose of division (T)(1)(b)(ii) of this 16175
section, the cost of constructing a new bed shall be considered to 16176
be forty thousand dollars, adjusted for the estimated rate of 16177
inflation from January 1, 1993, to the end of the calendar year 16178
during which the extensive renovation is completed, using the 16179
consumer price index for shelter costs for all urban consumers for 16180
the north central region, as published by the United States bureau 16181
of labor statistics.16182

       (U)(1) Subject to divisions (U)(2) and (3) of this section, 16183
"facility closure" means either of the following:16184

       (a) Discontinuance of the use of the building, or part of the 16185
building, that houses the facility as an ICF/IID that results in 16186
the relocation of all of the facility's residents;16187

       (b) Conversion of the building, or part of the building, that 16188
houses an ICF/IID to a different use with any necessary license or 16189
other approval needed for that use being obtained and one or more 16190
of the facility's residents remaining in the facility to receive 16191
services under the new use. 16192

       (2) A facility closure occurs regardless of any of the 16193
following:16194

       (a) The operator completely or partially replacing the 16195
ICF/IID by constructing a new ICF/IID or transferring the 16196
ICF/IID's license to another ICF/IID;16197

       (b) The ICF/IID's residents relocating to another of the 16198
operator's ICFs/IID;16199

       (c) Any action the department of health takes regarding the 16200
ICF/IID's medicaid certification that may result in the transfer 16201
of part of the ICF/IID's survey findings to another of the 16202
operator's ICFs/IID;16203

       (d) Any action the department of developmental disabilities 16204
takes regarding the ICF/IID's license under section 5123.19 of the 16205
Revised Code.16206

       (3) A facility closure does not occur if all of the ICF/IID's 16207
residents are relocated due to an emergency evacuation and one or 16208
more of the residents return to a medicaid-certified bed in the 16209
ICF/IID not later than thirty days after the evacuation occurs.16210

       (V) "Fiscal year" means the fiscal year of this state, as 16211
specified in section 9.34 of the Revised Code.16212

       (W) "Franchise permit fee" means the fee imposed by sections 16213
5168.60 to 5168.71 of the Revised Code.16214

       (X) "Home and community-based services" has the same meaning 16215
as in section 5123.01 of the Revised Code.16216

       (Y) "ICF/IID services" has the same meaning as in 42 C.F.R. 16217
440.150.16218

       (Z)(1) "Indirect care costs" means all reasonable costs 16219
incurred by an ICF/IID other than capital costs, direct care 16220
costs, and other protected costs. "Indirect care costs" includes 16221
costs of habilitation supplies, pharmacy consultants, medical and 16222
habilitation records, program supplies, incontinence supplies, 16223
food, enterals, dietary supplies and personnel, laundry, 16224
housekeeping, security, administration, liability insurance, 16225
bookkeeping, purchasing department, human resources, 16226
communications, travel, dues, license fees, subscriptions, home 16227
office costs not otherwise allocated, legal services, accounting 16228
services, minor equipment, maintenance and repair expenses, 16229
help-wanted advertising, informational advertising, start-up 16230
costs, organizational expenses, other interest, property 16231
insurance, employee training and staff development, employee 16232
benefits, payroll taxes, and workers' compensation premiums or 16233
costs for self-insurance claims and related costs, as specified in 16234
rules adopted under section 5124.03 of the Revised Code, for 16235
personnel listed in this division. Notwithstanding division (H) of 16236
this section, "indirect care costs" also means the cost of 16237
equipment, including vehicles, acquired by operating lease 16238
executed before December 1, 1992, if the costs are reported as 16239
administrative and general costs on the ICF/IID's cost report for 16240
the cost reporting period ending December 31, 1992.16241

       (2) For the purpose of division (Z)(1) of this section, an 16242
operating lease shall be construed in accordance with generally 16243
accepted accounting principles.16244

       (AA) "Inpatient days" means both of the following:16245

       (1) All days during which a resident, regardless of payment 16246
source, occupies a bed in an ICF/IID that is included in the 16247
ICF/IID's medicaid-certified capacity;16248

       (2) All days for which payment is made under section 5124.34 16249
of the Revised Code.16250

       (BB) "Intermediate care facility for individuals with 16251
intellectual disabilities" and "ICF/IID" mean an intermediate care 16252
facility for the mentally retarded as defined in the "Social 16253
Security Act," section 1905(d), 42 U.S.C. 1396d(d).16254

       (CC) "Involuntary termination" means the department of 16255
medicaid's termination of, cancellation of, or refusal to 16256
revalidate the operator's provider agreement for the ICF/IID when 16257
such action is not taken at the operator's request.16258

       (DD) "Maintenance and repair expenses" means, except as 16259
provided in division (TT)(2)(b) of this section, expenditures that 16260
are necessary and proper to maintain an asset in a normally 16261
efficient working condition and that do not extend the useful life 16262
of the asset two years or more. "Maintenance and repair expenses" 16263
includes the costs of ordinary repairs such as painting and 16264
wallpapering.16265

       (EE) "Medicaid-certified capacity" means the number of an 16266
ICF/IID's beds that are certified for participation in medicaid as 16267
ICF/IID beds.16268

       (FF) "Medicaid days" means both of the following:16269

       (1) All days during which a resident who is a medicaid 16270
recipient eligible for ICF/IID services occupies a bed in an 16271
ICF/IID that is included in the ICF/IID's medicaid-certified 16272
capacity;16273

       (2) All days for which payment is made under section 5124.34 16274
of the Revised Code. 16275

       (GG)(1) "New ICF/IID" means an ICF/IID for which the provider 16276
obtains an initial provider agreement following the director of 16277
health's medicaid certification of the ICF/IID, including such an 16278
ICF/IID that replaces one or more ICFs/IID for which a provider 16279
previously held a provider agreement.16280

       (2) "New ICF/IID" does not mean either of the following:16281

       (a) An ICF/IID for which the entering operator seeks a 16282
provider agreement pursuant to section 5124.511 or 5124.512 or 16283
(pursuant to section 5124.515) section 5124.07 of the Revised 16284
Code;16285

       (b) A downsized ICF/IID or partially converted ICF/IID.16286

       (HH) "Nursing home" has the same meaning as in section 16287
3721.01 of the Revised Code.16288

       (II) "Operator" means the person or government entity 16289
responsible for the daily operating and management decisions for 16290
an ICF/IID.16291

       (JJ) "Other protected costs" means costs incurred by an 16292
ICF/IID for medical supplies; real estate, franchise, and property 16293
taxes; natural gas, fuel oil, water, electricity, sewage, and 16294
refuse and hazardous medical waste collection; allocated other 16295
protected home office costs; and any additional costs defined as 16296
other protected costs in rules adopted under section 5124.03 of 16297
the Revised Code.16298

       (KK)(1) "Owner" means any person or government entity that 16299
has at least five per cent ownership or interest, either directly, 16300
indirectly, or in any combination, in any of the following 16301
regarding an ICF/IID:16302

       (a) The land on which the ICF/IID is located;16303

       (b) The structure in which the ICF/IID is located;16304

       (c) Any mortgage, contract for deed, or other obligation 16305
secured in whole or in part by the land or structure on or in 16306
which the ICF/IID is located;16307

       (d) Any lease or sublease of the land or structure on or in 16308
which the ICF/IID is located.16309

       (2) "Owner" does not mean a holder of a debenture or bond 16310
related to an ICF/IID and purchased at public issue or a regulated 16311
lender that has made a loan related to the ICF/IID unless the 16312
holder or lender operates the ICF/IID directly or through a 16313
subsidiary.16314

       (LL) "Partially converted ICF/IID" means an ICF/IID that 16315
converted some, but not all, of its beds to providing home and 16316
community-based services under the individual options waiver 16317
pursuant to section 5124.60 or 5124.61 of the Revised Code. 16318

       (MM)(1) Except as provided in divisions (MM)(2) and (3) of 16319
this section, "per diem" means an ICF/IID's desk-reviewed, actual, 16320
allowable costs in a given cost center in a cost reporting period, 16321
divided by the facility's inpatient days for that cost reporting 16322
period.16323

       (2) When determining capital costs for the purpose of section 16324
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual, 16325
allowable capital costs in a cost-reportingcost reporting period 16326
divided by the greater of the facility's inpatient days for that 16327
period or the number of inpatient days the ICF/IID would have had 16328
during that period if its occupancy rate had been ninety-five per 16329
cent.16330

       (3) When determining indirect care costs for the purpose of 16331
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's 16332
actual, allowable indirect care costs in a cost-reportingcost 16333
reporting period divided by the greater of the ICF/IID's inpatient 16334
days for that period or the number of inpatient days the ICF/IID 16335
would have had during that period if its occupancy rate had been 16336
eighty-five per cent.16337

       (NN) "Provider" means an operator with a valid provider 16338
agreement.16339

       (OO) "Provider agreement" means a provider agreement, as 16340
defined in section 5164.01 of the Revised Code, that is between 16341
the department of medicaid and the operator of an ICF/IID for the 16342
provision of ICF/IID services under the medicaid program.16343

       (PP) "Purchased nursing services" means services that are 16344
provided in an ICF/IID by registered nurses, licensed practical 16345
nurses, or nurse aides who are not employees of the ICF/IID.16346

       (QQ) "Reasonable" means that a cost is an actual cost that is 16347
appropriate and helpful to develop and maintain the operation of 16348
resident care facilities and activities, including normal standby 16349
costs, and that does not exceed what a prudent buyer pays for a 16350
given item or services. Reasonable costs may vary from provider to 16351
provider and from time to time for the same provider.16352

       (RR) "Related party" means an individual or organization 16353
that, to a significant extent, has common ownership with, is 16354
associated or affiliated with, has control of, or is controlled 16355
by, a provider.16356

       (1) An individual who is a relative of an owner is a related 16357
party.16358

       (2) Common ownership exists when an individual or individuals 16359
possess significant ownership or equity in both the provider and 16360
the other organization. Significant ownership or equity exists 16361
when an individual or individuals possess five per cent ownership 16362
or equity in both the provider and a supplier. Significant 16363
ownership or equity is presumed to exist when an individual or 16364
individuals possess ten per cent ownership or equity in both the 16365
provider and another organization from which the provider 16366
purchases or leases real property.16367

       (3) Control exists when an individual or organization has the 16368
power, directly or indirectly, to significantly influence or 16369
direct the actions or policies of an organization.16370

       (4) An individual or organization that supplies goods or 16371
services to a provider shall not be considered a related party if 16372
all of the following conditions are met:16373

       (a) The supplier is a separate bona fide organization.16374

       (b) A substantial part of the supplier's business activity of 16375
the type carried on with the provider is transacted with others 16376
than the provider and there is an open, competitive market for the 16377
types of goods or services the supplier furnishes.16378

       (c) The types of goods or services are commonly obtained by 16379
other ICFs/IID from outside organizations and are not a basic 16380
element of resident care ordinarily furnished directly to 16381
residents by the ICFs/IID.16382

       (d) The charge to the provider is in line with the charge for 16383
the goods or services in the open market and no more than the 16384
charge made under comparable circumstances to others by the 16385
supplier.16386

       (SS) "Relative of owner" means an individual who is related 16387
to an owner of an ICF/IID by one of the following relationships:16388

       (1) Spouse;16389

       (2) Natural parent, child, or sibling;16390

       (3) Adopted parent, child, or sibling;16391

       (4) Stepparent, stepchild, stepbrother, or stepsister;16392

       (5) Father-in-law, mother-in-law, son-in-law, 16393
daughter-in-law, brother-in-law, or sister-in-law;16394

       (6) Grandparent or grandchild;16395

       (7) Foster caregiver, foster child, foster brother, or foster 16396
sister.16397

       (TT)(1) "Renovation" means the following:16398

       (a) An ICF/IID's betterment, improvement, or restoration to 16399
which both of the following apply:16400

       (i) It was started before July 1, 1993;.16401

       (ii) It meets the definition of "renovation" established in 16402
rules that were adopted by the director of job and family services 16403
and in effect on December 22, 1992.16404

       (b) An ICF/IID's betterment, improvement, or restoration to 16405
which both of the following apply:16406

       (i) It was started on or after July 1, 1993;.16407

       (ii) It betters, improves, or restores the ICF/IID beyond its 16408
current functional capacity through a structural change that costs 16409
at least five hundred dollars per bed.16410

       (2) A renovation started on or after July 1, 1993, may 16411
include both of the following:16412

       (a) A betterment, improvement, restoration, or replacement of 16413
assets that are affixed to a building and have a useful life of at 16414
least five years;16415

       (b) Costs that otherwise would be considered maintenance and 16416
repair expenses if they are an integral part of the structural 16417
change that makes up the renovation project.16418

       (3) "Renovation" does not mean construction of additional 16419
space for beds that will be added to an ICF/IID's licensed 16420
capacity or medicaid-certified capacity.16421

       (UU) "Residential facility" has the same meaning as in 16422
section 5123.19 of the Revised Code.16423

       (VV) "Sponsor" means an adult relative, friend, or guardian 16424
of an ICF/IID resident who has an interest or responsibility in 16425
the resident's welfare.16426

       (WW) "Title XIX" means Title XIX of the "Social Security 16427
Act," 42 U.S.C. 1396, et seq.16428

       (XX) "Title XVIII" means Title XVIII of the "Social Security 16429
Act," 42 U.S.C. 1395, et seq.16430

       (YY) "Voluntary termination" means an operator's voluntary 16431
election to terminate the participation of an ICF/IID in the 16432
medicaid program but to continue to provide service of the type 16433
provided by a residential facility as defined in section 5123.19 16434
of the Revised Code.16435

       Sec. 5124.106. (A) If an ICF/IID provider required by 16436
section 5124.10 of the Revised Code to file a cost report for the 16437
ICF/IID fails to file the cost report by the date it is due or the 16438
date, if any, to which the due date is extended pursuant to 16439
division (E) of that section, or files an incomplete or inadequate 16440
report for the ICF/IID under that section, the department of 16441
developmental disabilities shall provide immediatedo both of the 16442
following:16443

       (1) Give written notice to the provider that the provider 16444
agreement for the ICF/IID will be terminated in thirty days unless 16445
the provider submits a complete and adequate cost report for the 16446
ICF/IID within thirty days. During the thirty-day termination 16447
period or any additional time allowed for an appeal of the 16448
proposed termination of a provider agreement, the provider shall 16449
be paid the ICF/IID's then current per medicaid day payment rate, 16450
minus the dollar amount by which ICFs/IID's per medicaid day 16451
payment rates are reduced during fiscal year 2013 in accordance 16452
with division (A)(2) of section 5111.26 of the Revised Code 16453
(renumbered as section 5165.10 of the Revised Code by H.B. 59 of 16454
the 130th general assembly) as that section existed on the day 16455
immediately preceding the effective date of this section. On the 16456
first day of each July, the department shall adjust the amount of 16457
the reduction in effect during the previous twelve months to 16458
reflect the rate of inflation during the preceding twelve months;16459

       (2) Reduce the per medicaid day payment rate for the 16460
provider's ICF/IID by the amount specified in division (B) of this 16461
section for the period of time specified in division (C) of this 16462
section.16463

       (B) For the purpose of division (A)(2) of this section, an 16464
ICF/IID's per medicaid day payment rate shall be reduced by the 16465
following amount:16466

       (1) In the case of a reduction made during the period 16467
beginning on the effective date of this amendment and ending on 16468
the first day of the first fiscal year beginning after the 16469
effective date of this amendment, two dollars;16470

       (2) In the case of a reduction made during the first fiscal 16471
year beginning after the effective date of this amendment and each 16472
fiscal year thereafter, the amount of the reduction in effect on 16473
the last day of the fiscal year immediately preceding the fiscal 16474
year in which the reduction is made adjusted by the rate of 16475
inflation during that immediately preceding fiscal year, as shown 16476
in the consumer price index for all items for all urban consumers 16477
for the midwest region, published by the United States bureau of 16478
labor statistics.16479

       (C) The period of time that an ICF/IID's per medicaid day 16480
payment rate is reduced under this section shall begin and end as 16481
follows:16482

       (1) The period shall begin on the following date:16483

       (a) The day immediately following the date the cost report is 16484
due or to which the due date is extended, as applicable, if the 16485
reduction is made because the provider fails to file a cost report 16486
by that date;16487

       (b) The day the department gives the provider written notice 16488
under division (A)(1) of this section of the proposed provider 16489
agreement termination, if the reduction is made because the 16490
provider files an incomplete or inadequate cost report.16491

       (2) The period shall end on the last day of the thirty-day 16492
period specified in the notice given under division (A)(1) of this 16493
section or any additional period allowed for an appeal of the 16494
proposed provider agreement termination.16495

       Sec. 5124.21.  (A) For each fiscal year, the department of 16496
developmental disabilities shall determine each ICF/IID's per 16497
medicaid day payment rate for indirect care costs. Except as 16498
otherwise provided in this chapter, an ICF/IID's rate shall be 16499
determined prospectively. Subject to section 5124.28 of the 16500
Revised Code, an ICF/IID's rate shall be the lesser of the 16501
individual rate determined under division (B) of this section and 16502
the maximum rate determined for the ICF/IID's peer group under 16503
division (C) of this section.16504

       (B) An ICF/IID's individual rate is the sum of the following:16505

       (1) The ICF/IID's desk-reviewed, actual, allowable, per diem 16506
indirect care costs from the calendar year immediately preceding 16507
the fiscal year in which the rate will be paid, adjusted for the 16508
inflation rate estimated under division (D)(E)(1) of this section;16509

       (2) If the ICF/IID has more than eight bedsSubject to 16510
division (D) of this section, an efficiency incentive in the 16511
following amount:16512

       (a) For fiscal year 2014, seven and one-tenth per cent of the 16513
maximum rate established for the ICF/IID's peer group under 16514
division (C) of this section;16515

        (b) For fiscal year 2015, the following amount:16516

       (i) The amount calculated for fiscal year 2014 under division 16517
(B)(2)(a) of this section if the provider of the ICF/IID obtains 16518
the department's approval to become a downsized ICF/IID and the 16519
approval is conditioned on the downsizing being completed not 16520
later than July 1, 2018;16521

       (ii) One-half of the amount calculated for fiscal year 2014 16522
under division (B)(2)(a) of this section if division (B)(2)(b)(i) 16523
of this section does not apply to the ICF/IIDequal to the 16524
difference between the amount of the per diem indirect care costs 16525
determined for the ICF/IID under division (B)(1) of this section 16526
for the fiscal year in which the rate will be paid and the maximum 16527
rate established for the ICF/IID's peer group under division (C) 16528
of this section for that fiscal year.16529

       (c) For fiscal year 2016 and each fiscal year thereafter 16530
ending in an even-numbered calendar year, the following 16531
percentages of the maximum rate established for the ICF/IID's peer 16532
group under division (C) of this section:16533

       (i) Seven and one-tenth per cent if the provider of the 16534
ICF/IID obtains the department's approval to become a downsized 16535
ICF/IID and the approval is conditioned on the downsizing being 16536
completed not later than July 1, 2018;16537

       (ii) Three and fifty-five hundredths per cent if division 16538
(B)(2)(c)(i) of this section does not apply to the ICF/IID.16539

        (d) For fiscal year 2017 and each fiscal year thereafter 16540
ending in an odd-numbered calendar year, the amount calculated for 16541
the immediately preceding fiscal year under division (B)(2)(c) of 16542
this section.16543

        (3) If the ICF/IID has eight or fewer beds, an efficiency 16544
incentive in the following amount:16545

       (a) For each fiscal year ending in an even-numbered calendar 16546
year, seven per cent of the maximum rate established for the 16547
ICF/IID's peer group under division (C) of this section;16548

       (b) For each fiscal year ending in an odd-numbered calendar 16549
year, the amount calculated for the immediately preceding fiscal 16550
year under division (B)(3)(a) of this section.16551

       (C)(1) The maximum rate for indirect care costs for each peer 16552
group of ICFs/IID with more than eight beds shall be determined as 16553
follows:16554

       (a) For each fiscal year ending in an even-numbered calendar 16555
year, the maximum rate for each such peer group shall be the rate 16556
that is no less than twelve and four-tenths per cent above the 16557
median desk-reviewed, actual, allowable, per diem indirect care 16558
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the 16559
peer group whose indirect care costs for that period are more than 16560
three standard deviations from the mean desk-reviewed, actual, 16561
allowable, per diem indirect care cost for all ICFs/IID with more 16562
than eight beds) for the calendar year immediately preceding the 16563
fiscal year in which the rate will be paid, adjusted by the 16564
inflation rate estimated under division (D)(E)(1) of this section.16565

       (b) For each fiscal year ending in an odd-numbered calendar 16566
year, the maximum rate for each such peer group is the peer 16567
group's maximum rate for the previous fiscal year, adjusted for 16568
the inflation rate estimated under division (D)(E)(2) of this 16569
section.16570

       (2) The maximum rate for indirect care costs for each peer 16571
group of ICFs/IID with eight or fewer beds shall be determined as 16572
follows:16573

       (a) For each fiscal year ending in an even-numbered calendar 16574
year, the maximum rate for each such peer group shall be the rate 16575
that is no less than ten and three-tenths per cent above the 16576
median desk-reviewed, actual, allowable, per diem indirect care 16577
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the 16578
peer group whose indirect care costs are more than three standard 16579
deviations from the mean desk-reviewed, actual, allowable, per 16580
diem indirect care cost for all ICFs/IID with eight or fewer beds) 16581
for the calendar year immediately preceding the fiscal year in 16582
which the rate will be paid, adjusted by the inflation rate 16583
estimated under division (D)(E)(1) of this section.16584

       (b) For each fiscal year ending in an odd-numbered calendar 16585
year, the maximum rate for each such peer group is the peer 16586
group's maximum rate for the previous fiscal year, adjusted for 16587
the inflation rate estimated under division (D)(E)(2) of this 16588
section.16589

       (3) The department shall not redetermine a maximum rate for 16590
indirect care costs under division (C)(1) or (2) of this section 16591
based on additional information that it receives after the maximum 16592
rate is set. The department shall redetermine the maximum rate for 16593
indirect care costs only if it made an error in computing the 16594
maximum rate based on the information available to the department 16595
at the time of the original calculation.16596

       (D)(1) The efficiency incentive for an ICF/IID with more than 16597
eight beds shall not exceed the following:16598

       (a) For fiscal year 2014, seven and one-tenth per cent of the 16599
maximum rate established for the ICF/IID's peer group under 16600
division (C) of this section;16601

        (b) For fiscal year 2015, the following amount:16602

        (i) The amount calculated for fiscal year 2014 under division 16603
(D)(1)(a) of this section if the provider of the ICF/IID obtains 16604
the department's approval to become a downsized ICF/IID and the 16605
approval is conditioned on the downsizing being completed not 16606
later than July 1, 2018;16607

        (ii) One-half of the amount calculated for fiscal year 2014 16608
under division (D)(1)(a) of this section if division (D)(1)(b)(i) 16609
of this section does not apply to the ICF/IID.16610

       (c) For fiscal year 2016 and each fiscal year thereafter 16611
ending in an even-numbered calendar year, the following 16612
percentages of the maximum rate established for the ICF/IID's peer 16613
group under division (C) of this section:16614

       (i) Seven and one-tenth per cent if the provider of the 16615
ICF/IID obtains the department's approval to become a downsized 16616
ICF/IID and the approval is conditioned on the downsizing being 16617
completed not later than July 1, 2018;16618

        (ii) Three and fifty-five hundredths per cent if division 16619
(D)(1)(c)(i) of this section does not apply to the ICF/IID.16620

        (d) For fiscal year 2017 and each fiscal year thereafter 16621
ending in an odd-numbered calendar year, the amount calculated for 16622
the immediately preceding fiscal year under division (D)(1)(c) of 16623
this section.16624

        (2) The efficiency incentive for an ICF/IID with eight or 16625
fewer beds shall not exceed the following:16626

        (a) For each fiscal year ending in an even-numbered calendar 16627
year, seven per cent of the maximum rate established for the 16628
ICF/IID's peer group under division (C) of this section;16629

        (b) For each fiscal year ending in an odd-numbered calendar 16630
year, the amount calculated for the immediately preceding fiscal 16631
year under division (D)(2)(a) of this section.16632

        (E)(1) When adjusting rates for inflation under divisions 16633
(B)(1), (C)(1)(a), and (C)(2)(a) of this section, the department 16634
shall estimate the rate of inflation for the eighteen-month period 16635
beginning on the first day of July of the calendar year 16636
immediately preceding the fiscal year in which the rate will be 16637
paid and ending on the thirty-first day of December of the fiscal 16638
year in which the rate will be paid. To estimate the rate of 16639
inflation, the department shall use the following:16640

       (a) Subject to division (D)(E)(1)(b) of this section, the 16641
consumer price index for all items for all urban consumers for the 16642
midwest region, published by the United States bureau of labor 16643
statistics;16644

       (b) If the United States bureau of labor statistics ceases to 16645
publish the index specified in division (D)(E)(1)(a) of this 16646
section, a comparable index that the bureau publishes and the 16647
department determines is appropriate.16648

       (2) When adjusting rates for inflation under divisions 16649
(C)(1)(b) and (C)(2)(b) of this section, the department shall 16650
estimate the rate of inflation for the twelve-month period 16651
beginning on the first day of January of the fiscal year 16652
immediately preceding the fiscal year in which the rate will be 16653
paid and ending on the thirty-first day of December of the fiscal 16654
year in which the rate will be paid. To estimate the rate of 16655
inflation, the department shall use the following:16656

       (a) Subject to division (D)(E)(2)(b) of this section, the 16657
consumer price index for all items for all urban consumers for the 16658
midwest region, published by the United States bureau of labor 16659
statistics;16660

       (b) If the United States bureau of labor statistics ceases to 16661
publish the index specified in division (D)(E)(2)(a) of this 16662
section, a comparable index that the bureau publishes and the 16663
department determines is appropriate.16664

       (3) If an inflation rate estimated under division (D)(E)(1) 16665
or (2) of this section is different from the actual inflation rate 16666
for the relevant time period, as measured using the same index, 16667
the difference shall be added to or subtracted from the inflation 16668
rate estimated pursuant to this division for the following fiscal 16669
year.16670

       (E)(F) The director of developmental disabilities shall adopt 16671
rules under section 5124.03 of the Revised Code that specify peer 16672
groups of ICFs/IID with more than eight beds and peer groups of 16673
ICFs/IID with eight or fewer beds, based on findings of 16674
significant per diem indirect care cost differences due to 16675
geography and bed-size. The rules also may specify peer groups 16676
based on findings of significant per diem indirect care cost 16677
differences due to other factors, including case-mix.16678

       Sec. 5124.60.  (A) For the purpose of increasing the number 16679
of slots available for home and community-based services and 16680
subject to sections 5124.63 and 5124.64 of the Revised Code, the 16681
operator of an ICF/IID may convert some or all of the beds in the 16682
ICF/IID from providing ICF/IID services to providing home and 16683
community-based services if all of the following requirements are 16684
met:16685

       (1) The operator provides the directors of health and 16686
developmental disabilities at least ninety days' notice of the 16687
operator's intent to make the conversion.16688

       (2) The operator complies with the requirements of sections 16689
5124.50 to 5124.53 of the Revised Code regarding a voluntary 16690
termination if those requirements are applicable.16691

       (3) If the operator intends to convert all of the ICF/IID's 16692
beds, the operator notifies each of the ICF/IID's residents that 16693
the ICF/IID is to cease providing ICF/IID services and inform each 16694
resident that the resident may do either of the following:16695

       (a) Continue to receive ICF/IID services by transferring to 16696
another ICF/IID that is willing and able to accept the resident if 16697
the resident continues to qualify for ICF/IID services;16698

       (b) Begin to receive home and community-based services 16699
instead of ICF/IID services from any provider of home and 16700
community-based services that is willing and able to provide the 16701
services to the resident if the resident is eligible for the 16702
services and a slot for the services is available to the resident.16703

       (4) If the operator intends to convert some but not all of 16704
the ICF/IID's beds, the operator notifies each of the ICF/IID's 16705
residents that the ICF/IID is to convert some of its beds from 16706
providing ICF/IID services to providing home and community-based 16707
services and inform each resident that the resident may do either 16708
of the following:16709

       (a) Continue to receive ICF/IID services from any ICF/IID 16710
that is willing and able to provide the services to the resident 16711
if the resident continues to qualify for ICF/IID services;16712

       (b) Begin to receive home and community-based services 16713
instead of ICF/IID services from any provider of home and 16714
community-based services that is willing and able to provide the 16715
services to the resident if the resident is eligible for the 16716
services and a slot for the services is available to the resident.16717

       (5) The operator meets the requirements for providing home 16718
and community-based services, including the following:16719

       (a) Such requirements applicable to a residential facility if 16720
the operator maintains the facility's license as a residential 16721
facility;16722

       (b) Such requirements applicable to a facility that is not 16723
licensed as a residential facility if the operator surrenders the 16724
facility's license as a residential facility under section 5123.19 16725
of the Revised Code.16726

       (6) The director of developmental disabilities approves the 16727
conversion.16728

       (B) A decision by the director of developmental disabilities 16729
to approve or refuse to approve a proposed conversion of beds is 16730
final. In making a decision, the director shall consider all of 16731
the following:16732

       (1) The fiscal impact on the ICF/IID if some but not all of 16733
the beds are converted;16734

       (2) The fiscal impact on the medicaid program;16735

       (3) The availability of home and community-based services.16736

       (C) The notice provided to the directors under division 16737
(A)(1) of this section shall specify whether some or all of the 16738
ICF/IID's beds are to be converted. If some but not all of the 16739
beds are to be converted, the notice shall specify how many of the 16740
ICF/IID's beds are to be converted and how many of the beds are to 16741
continue to provide ICF/IID services. The notice to the director 16742
of developmental disabilities shall specify whether the operator 16743
wishes to surrender the ICF/IID's license as a residential 16744
facility under section 5123.19 of the Revised Code.16745

       (D)(1) If the director of developmental disabilities approves 16746
a conversion under division (B) of this section, the director of 16747
health shall do the following:16748

       (a) Terminate the ICF/IID's medicaid certification if the 16749
notice specifies that all of the ICF/IID's beds are to be 16750
converted;16751

       (b) Reduce the ICF/IID's medicaid-certified capacity by the 16752
number of beds being converted if the notice specifies that some 16753
but not all of the beds are to be converted. 16754

       (2) The director of health shall notify the medicaid director 16755
of the termination or reduction. On receipt of the notice, the 16756
medicaid director shall do the following:16757

       (a) Terminate the operator's medicaid provider agreement that 16758
authorizes the operator to provide ICF/IID services at the ICF/IID 16759
if the ICF/IID's certification was terminated;16760

       (b) Amend the operator's medicaid provider agreement to 16761
reflect the ICF/IID's reduced medicaid-certified capacity if the 16762
ICF/IID's medicaid-certified capacity is reduced. 16763

       (3) In the case of action taken under division (D)(2)(a) of 16764
this section, the operator is not entitled to notice or a hearing 16765
under Chapter 119. of the Revised Code before the medicaid 16766
director terminates the medicaid provider agreement.16767

       Sec. 5124.61. (A) For the purpose of increasing the number of 16768
slots available for home and community-based services and subject 16769
to sections 5124.63 and 5124.64 of the Revised Code, a person who 16770
acquires, through a request for proposals issued by the director 16771
of developmental disabilities, an ICF/IID for which a residential 16772
facility license was previously surrendered or revoked may convert 16773
some or all of the ICF/IID's beds from providing ICF/IID services 16774
to providing home and community-based services if all of the 16775
following requirements are met:16776

       (1) The person provides the directors of health and 16777
developmental disabilities and medicaid director at least ninety 16778
days' notice of the person's intent to make the conversion.16779

       (2) The person complies with the requirements of sections 16780
5124.50 to 5124.53 of the Revised Code regarding a voluntary 16781
termination if those requirements are applicable.16782

       (3) If the person intends to convert all of the ICF/IID's 16783
beds, the person notifies each of the ICF/IID's residents that the 16784
ICF/IID is to cease providing ICF/IID services and informs each 16785
resident that the resident may do either of the following:16786

       (a) Continue to receive ICF/IID services by transferring to 16787
another ICF/IID willing and able to accept the resident if the 16788
resident continues to qualify for ICF/IID services;16789

       (b) Begin to receive home and community-based services 16790
instead of ICF/IID services from any provider of home and 16791
community-based services that is willing and able to provide the 16792
services to the resident if the resident is eligible for the 16793
services and a slot for the services is available to the resident.16794

       (4) If the person intends to convert some but not all of the 16795
ICF/IID's beds, the person notifies each of the ICF/IID's 16796
residents that the ICF/IID is to convert some of its beds from 16797
providing ICF/IID services to providing home and community-based 16798
services and inform each resident that the resident may do either 16799
of the following:16800

       (a) Continue to receive ICF/IID services from any that is 16801
willing and able to provide the services to the resident if the 16802
resident continues to qualify for ICF/IID services;16803

       (b) Begin to receive home and community-based services 16804
instead of ICF/IID services from any provider of home and 16805
community-based services that is willing and able to provide the 16806
services to the resident if the resident is eligible for the 16807
services and a slot for the services is available to the resident.16808

       (5) The person meets the requirements for providing home and 16809
community-based services at a residential facility.16810

       (B) The notice provided to the directors under division 16811
(A)(1) of this section shall specify whether some or all of the 16812
ICF/IID's beds are to be converted. If some but not all of the 16813
beds are to be converted, the notice shall specify how many of the 16814
ICF/IID's beds are to be converted and how many of the beds are to 16815
continue to provide ICF/IID services.16816

       (C) On receipt of a notice under division (A)(1) of this 16817
section, the director of health shall do the following:16818

       (1) Terminate the ICF/IID's medicaid certification if the 16819
notice specifies that all of the facility's beds are to be 16820
converted;16821

       (2) Reduce the ICF/IID's medicaid-certified capacity by the 16822
number of beds being converted if the notice specifies that some 16823
but not all of the beds are to be converted.16824

       (D) The director of health shall notify the medicaid director 16825
of the termination or reduction under division (C) of this 16826
section. On receipt of the director of health's notice, the 16827
medicaid director shall do the following:16828

       (1) Terminate the person's medicaid provider agreement that 16829
authorizes the person to provide ICF/IID services at the ICF/IID 16830
if the ICF/IID's medicaid certification was terminated;16831

       (2) Amend the person's medicaid provider agreement to reflect 16832
the ICF/IID's reduced medicaid-certified capacity if the ICF/IID's 16833
medicaid-certified capacity is reduced.16834

       The person is not entitled to notice or a hearing under 16835
Chapter 119. of the Revised Code before the medicaid director 16836
terminates or amends the medicaid provider agreement.16837

       Sec. 5124.62. Subject to section 5124.63 of the Revised 16838
Code, theThe director of developmental disabilities may request 16839
that the medicaid director seek the approval of the United States 16840
secretary of health and human services to increase the number of 16841
slots available for home and community-based services by a number 16842
not exceeding the number of beds that were part of the licensed 16843
capacity of a residential facility that had its license revoked or 16844
surrendered under section 5123.19 of the Revised Code if the 16845
residential facility was an ICF/IID at the time of the license 16846
revocation or surrender. The revocation or surrender may have 16847
occurred before, or may occur on or after, June 24, 2008. The 16848
request may include beds the director of developmental 16849
disabilities removed from such a residential facility's licensed 16850
capacity before transferring ownership or operation of the 16851
residential facility pursuant to a request for proposals.16852

       Sec. 5124.67.  (A)(1) The department of developmental 16853
disabilities shall strive to achieve, not later than July 1, 2018, 16854
the following statewide reductions in ICF/IID beds:16855

       (1)(a) At least five hundred and not more than six hundred16856
beds in ICFs/IID that, before becoming downsized ICFs/IID, have 16857
sixteen or more beds;16858

       (2)(b) At least five hundred and not more than six hundred16859
beds in ICFs/IID with any number of beds that convert some or all 16860
of their beds from providing ICF/IID services to providing home 16861
and community-based services pursuant to section 5124.60 or 16862
5124.61 of the Revised Code.16863

       (2) The department shall strive to achieve a reduction of at 16864
least one thousand two hundred ICF/IID beds through a combination 16865
of the methods specified in divisions (A)(1)(a) and (b) of this 16866
section.16867

       (B) In its efforts to achieve the reductions under division 16868
(A) of this section, the department shall collaborate with the 16869
Ohio association of county boards serving people with 16870
developmental disabilities, the Ohio provider resource 16871
association, the Ohio centers for intellectual disabilities formed 16872
by the Ohio health care association, and the values and faith 16873
alliance. The collaboration efforts may include the following:16874

       (1) Identifying ICFs/IID that may reduce the number of their 16875
beds to help achieve the reductions under division (A) of this 16876
section;16877

       (2) Encouraging ICF/IID providers to reduce the number of 16878
their ICFs/IID's beds;16879

       (3) Establishing interim time frames for making progress in 16880
achieving the reductions;16881

       (4) Creating incentives for, and removing impediments to, the 16882
reductions;16883

       (5) In the case of ICF/IID beds that are converted to 16884
providing home and community-based services, developing a 16885
mechanism to compensate providers for beds that permanently cease 16886
to provide ICF/IID services.16887

       (C) The department shall meet not less than twice each year 16888
with the organizations specified in division (B) of this section 16889
to do all of the following:16890

       (1) Review the progress being made in achieving the 16891
reductions under division (A) of this section;16892

       (2) Prepare written reports on the progress;16893

       (3) Identify additional measures needed to achieve the 16894
reductions.16895

       Sec. 5126.01.  As used in this chapter:16896

       (A) As used in this division, "adult" means an individual who 16897
is eighteen years of age or over and not enrolled in a program or 16898
service under Chapter 3323. of the Revised Code and an individual 16899
sixteen or seventeen years of age who is eligible for adult 16900
services under rules adopted by the director of developmental 16901
disabilities pursuant to Chapter 119. of the Revised Code.16902

       (1) "Adult services" means services provided to an adult 16903
outside the home, except when they are provided within the home 16904
according to an individual's assessed needs and identified in an 16905
individual service plan, that support learning and assistance in 16906
the area of self-care, sensory and motor development, 16907
socialization, daily living skills, communication, community 16908
living, social skills, or vocational skills.16909

       (2) "Adult services" includes all of the following:16910

       (a) Adult day habilitation services;16911

       (b) Adult day care;16912

       (c) PrevocationalEmployment services;16913

       (d) Sheltered employment;16914

       (e)(c) Educational experiences and training obtained through 16915
entities and activities that are not expressly intended for 16916
individuals with mental retardation and developmental 16917
disabilities, including trade schools, vocational or technical 16918
schools, adult education, job exploration and sampling, unpaid 16919
work experience in the community, volunteer activities, and 16920
spectator sports;16921

       (f) Community employment services and supported employment 16922
services.16923

       (B)(1) "Adult day habilitation services" means adult services 16924
that do the following:16925

       (a) Provide access to and participation in typical activities 16926
and functions of community life that are desired and chosen by the 16927
general population, including such activities and functions as 16928
opportunities to experience and participate in community 16929
exploration, companionship with friends and peers, leisure 16930
activities, hobbies, maintaining family contacts, community 16931
events, and activities where individuals without disabilities are 16932
involved;16933

       (b) Provide supports or a combination of training and 16934
supports that afford an individual a wide variety of opportunities 16935
to facilitate and build relationships and social supports in the 16936
community.16937

       (2) "Adult day habilitation services" includes all of the 16938
following:16939

       (a) Personal care services needed to ensure an individual's 16940
ability to experience and participate in vocational services, 16941
educational services, community activities, and any other adult 16942
day habilitation services;16943

       (b) Skilled services provided while receiving adult day 16944
habilitation services, including such skilled services as behavior 16945
management intervention, occupational therapy, speech and language 16946
therapy, physical therapy, and nursing services;16947

       (c) Training and education in self-determination designed to 16948
help the individual do one or more of the following: develop 16949
self-advocacy skills, exercise the individual's civil rights, 16950
acquire skills that enable the individual to exercise control and 16951
responsibility over the services received, and acquire skills that 16952
enable the individual to become more independent, integrated, or 16953
productive in the community;16954

       (d) Recreational and leisure activities identified in the 16955
individual's service plan as therapeutic in nature or assistive in 16956
developing or maintaining social supports;16957

       (e)(d) Counseling and assistance provided to obtain housing, 16958
including such counseling as identifying options for either rental 16959
or purchase, identifying financial resources, assessing needs for 16960
environmental modifications, locating housing, and planning for 16961
ongoing management and maintenance of the housing selected;16962

       (f)(e) Transportation necessary to access adult day 16963
habilitation services;16964

       (g)(f) Habilitation management, as described in section 16965
5126.14 of the Revised Code.16966

       (3) "Adult day habilitation services" does not include 16967
activities that are components of the provision of residential 16968
services, family support services, or supported living services.16969

       (C) "Appointing authority" means the following:16970

       (1) In the case of a member of a county board of 16971
developmental disabilities appointed by, or to be appointed by, a 16972
board of county commissioners, the board of county commissioners;16973

       (2) In the case of a member of a county board appointed by, 16974
or to be appointed by, a senior probate judge, the senior probate 16975
judge.16976

       (D) "Community employment," "competitive employment," and 16977
"integrated setting" have the same meanings as in section 5123.022 16978
of the Revised Code.16979

       (E) "Supported employment services" means vocational 16980
assessment, job training and coaching, job development and 16981
placement, worksite accessibility, and other services related to 16982
employment outside a sheltered workshop. "Supported employment 16983
services" includes both of the following:16984

       (1) Job training resulting in the attainment of community 16985
employment, supported work in a typical work environment, or 16986
self-employment;16987

       (2) Support for ongoing community employment, supported work 16988
at community-based sites, or self-employment.16989

       (F) As used in this division, "substantial functional 16990
limitation," "developmental delay," and "established risk" have16991
has the meaningsmeaning established pursuant to section 5123.011 16992
of the Revised Code.16993

       "Developmental disability" means a severe, chronic disability 16994
that is characterized by all of the following:16995

       (1) It is attributable to a mental or physical impairment or 16996
a combination of mental and physical impairments, other than a 16997
mental or physical impairment solely caused by mental illness as 16998
defined in division (A) of section 5122.01 of the Revised Code;16999

       (2) It is manifested before age twenty-two;17000

       (3) It is likely to continue indefinitely;17001

       (4) It results in one of the following:17002

       (a) In the case of a person under age three, at least one 17003
developmental delay or an established riska diagnosed physical or 17004
mental condition that has a high probability of resulting in a 17005
developmental delay;17006

       (b) In the case of a person at least age three but under age 17007
six, at least two developmental delays or an established risk;17008

       (c) In the case of a person age six or older, a substantial 17009
functional limitation in at least three of the following areas of 17010
major life activity, as appropriate for the person's age: 17011
self-care, receptive and expressive language, learning, mobility, 17012
self-direction, capacity for independent living, and, if the 17013
person is at least age sixteen, capacity for economic 17014
self-sufficiency.17015

       (5) It causes the person to need a combination and sequence 17016
of special, interdisciplinary, or other type of care, treatment, 17017
or provision of services for an extended period of time that is 17018
individually planned and coordinated for the person.17019

       (G) "Early childhood services" means a planned program of 17020
habilitation designed to meet the needs of individuals with mental 17021
retardation or other developmental disabilities who have not 17022
attained compulsory school age.17023

       (H) "Employment services" means prevocational services or 17024
supported employment services.17025

       (I)(1) "Environmental modifications" means the physical 17026
adaptations to an individual's home, specified in the individual's 17027
service plan, that are necessary to ensure the individual's 17028
health, safety, and welfare or that enable the individual to 17029
function with greater independence in the home, and without which 17030
the individual would require institutionalization.17031

       (2) "Environmental modifications" includes such adaptations 17032
as installation of ramps and grab-bars, widening of doorways, 17033
modification of bathroom facilities, and installation of 17034
specialized electric and plumbing systems necessary to accommodate 17035
the individual's medical equipment and supplies.17036

       (3) "Environmental modifications" does not include physical 17037
adaptations or improvements to the home that are of general 17038
utility or not of direct medical or remedial benefit to the 17039
individual, including such adaptations or improvements as 17040
carpeting, roof repair, and central air conditioning.17041

       (J) "Family support services" means the services provided 17042
under a family support services program operated under section 17043
5126.11 of the Revised Code.17044

       (K) "Habilitation" means the process by which the staff of 17045
the facility or agency assists an individual with mental 17046
retardation or other developmental disability in acquiring and 17047
maintaining those life skills that enable the individual to cope 17048
more effectively with the demands of the individual's own person 17049
and environment, and in raising the level of the individual's 17050
personal, physical, mental, social, and vocational efficiency. 17051
Habilitation includes, but is not limited to, programs of formal, 17052
structured education and training.17053

       (L) "Home and community-based services" has the same meaning 17054
as in section 5123.01 of the Revised Code. 17055

       (M) "ICF/IID" has the same meaning as in section 5124.01 of 17056
the Revised Code.17057

       (N) "Immediate family" means parents, grandparents, brothers, 17058
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law, 17059
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and 17060
daughters-in-law.17061

       (O) "Medicaid case management services" means case management 17062
services provided to an individual with mental retardation or 17063
other developmental disability that the state medicaid plan 17064
requires.17065

       (P) "Mental retardation" means a mental impairment manifested 17066
during the developmental period characterized by significantly 17067
subaverage general intellectual functioning existing concurrently 17068
with deficiencies in the effectiveness or degree with which an 17069
individual meets the standards of personal independence and social 17070
responsibility expected of the individual's age and cultural 17071
group.17072

       (Q) "Prevocational services" means services, including 17073
services as a volunteer, that provide learning and work 17074
experiences, including volunteer work experiences, from which an 17075
individual can develop general strengths and skills that are not 17076
specific to a particular task or job but contribute to 17077
employability in community employment, supported work at 17078
community-based sites, or self-employment.17079

       (R) "Residential services" means services to individuals with 17080
mental retardation or other developmental disabilities to provide 17081
housing, food, clothing, habilitation, staff support, and related 17082
support services necessary for the health, safety, and welfare of 17083
the individuals and the advancement of their quality of life. 17084
"Residential services" includes program management, as described 17085
in section 5126.14 of the Revised Code.17086

       (S) "Resources" means available capital and other assets, 17087
including moneys received from the federal, state, and local 17088
governments, private grants, and donations; appropriately 17089
qualified personnel; and appropriate capital facilities and 17090
equipment.17091

       (T) "Senior probate judge" means the current probate judge of 17092
a county who has served as probate judge of that county longer 17093
than any of the other current probate judges of that county. If a 17094
county has only one probate judge, "senior probate judge" means 17095
that probate judge.17096

       (U) "Service and support administration" means the duties 17097
performed by a service and support administrator pursuant to 17098
section 5126.15 of the Revised Code.17099

       (V)(1) "Specialized medical, adaptive, and assistive 17100
equipment, supplies, and supports" means equipment, supplies, and 17101
supports that enable an individual to increase the ability to 17102
perform activities of daily living or to perceive, control, or 17103
communicate within the environment.17104

       (2) "Specialized medical, adaptive, and assistive equipment, 17105
supplies, and supports" includes the following:17106

       (a) Eating utensils, adaptive feeding dishes, plate guards, 17107
mylatex straps, hand splints, reaches, feeder seats, adjustable 17108
pointer sticks, interpreter services, telecommunication devices 17109
for the deaf, computerized communications boards, other 17110
communication devices, support animals, veterinary care for 17111
support animals, adaptive beds, supine boards, prone boards, 17112
wedges, sand bags, sidelayers, bolsters, adaptive electrical 17113
switches, hand-held shower heads, air conditioners, humidifiers, 17114
emergency response systems, folding shopping carts, vehicle lifts, 17115
vehicle hand controls, other adaptations of vehicles for 17116
accessibility, and repair of the equipment received.17117

       (b) Nondisposable items not covered by medicaid that are 17118
intended to assist an individual in activities of daily living or 17119
instrumental activities of daily living.17120

       (W) "Supportive home services" means a range of services to 17121
families of individuals with mental retardation or other 17122
developmental disabilities to develop and maintain increased 17123
acceptance and understanding of such persons, increased ability of 17124
family members to teach the person, better coordination between 17125
school and home, skills in performing specific therapeutic and 17126
management techniques, and ability to cope with specific 17127
situations.17128

       (X)(1) "Supported living" means services provided for as long 17129
as twenty-four hours a day to an individual with mental 17130
retardation or other developmental disability through any public 17131
or private resources, including moneys from the individual, that 17132
enhance the individual's reputation in community life and advance 17133
the individual's quality of life by doing the following:17134

       (a) Providing the support necessary to enable an individual 17135
to live in a residence of the individual's choice, with any number 17136
of individuals who are not disabled, or with not more than three 17137
individuals with mental retardation and developmental disabilities 17138
unless the individuals are related by blood or marriage;17139

       (b) Encouraging the individual's participation in the 17140
community;17141

       (c) Promoting the individual's rights and autonomy;17142

       (d) Assisting the individual in acquiring, retaining, and 17143
improving the skills and competence necessary to live successfully 17144
in the individual's residence.17145

       (2) "Supported living" includes the provision of all of the 17146
following:17147

       (a) Housing, food, clothing, habilitation, staff support, 17148
professional services, and any related support services necessary 17149
to ensure the health, safety, and welfare of the individual 17150
receiving the services;17151

       (b) A combination of lifelong or extended-duration 17152
supervision, training, and other services essential to daily 17153
living, including assessment and evaluation and assistance with 17154
the cost of training materials, transportation, fees, and 17155
supplies;17156

       (c) Personal care services and homemaker services;17157

       (d) Household maintenance that does not include modifications 17158
to the physical structure of the residence;17159

       (e) Respite care services;17160

       (f) Program management, as described in section 5126.14 of 17161
the Revised Code.17162

       Sec. 5126.02.  (A) Each county shall have its own county 17163
board of developmental disabilities. Subject to division (B) of 17164
this section:17165

        (1) A county board shall be operated as a separate 17166
administrative and service entity.17167

       (2) The functions of a county board shall not be combined 17168
with the functions of any other entity of county government.17169

       (B) Division (A) of this section does not prohibit or 17170
restrict any county board from sharing administrative functions or 17171
personnel with one or more other county boards, including entering 17172
into an arrangement authorized by division (B) of section 17173
5126.0219 of the Revised Code or an agreement with one or more 17174
other county boards to share the services of any employee.17175

       Sec. 5126.0219.  (A) Each county board of developmental 17176
disabilities shall either employ a superintendent or obtain the 17177
services of the superintendent of another county board of 17178
developmental disabilities. The board shall provide for a 17179
superintendent who is qualified, as specified in rules adopted by 17180
the department of developmental disabilities in accordance with 17181
Chapter 119. of the Revised Code. The superintendent shall have no 17182
voting privileges on the board.17183

       If the superintendent position becomes vacant, the county 17184
board first shall consider entering into an agreement with another 17185
county board for the sharing of a superintendent under division 17186
(B) of this section. If the county board determines there are no 17187
significant efficiencies or it is impractical to share a 17188
superintendent, the county board may employ a superintendent in 17189
accordance with this section to fill the vacancy. 17190

       The board shall prescribe the duties of its superintendent 17191
and review the superintendent's performance. The superintendent 17192
may be removed, suspended, or demoted for cause pursuant to 17193
section 5126.23 of the Revised Code. The board shall fix the 17194
superintendent's compensation and reimburse the superintendent for 17195
actual and necessary expenses.17196

       Each county board that employs its own superintendent shall 17197
employ the superintendent under a contract. To enter into a 17198
contract, the board shall adopt a resolution agreeing to the 17199
contract. Each contract for employment or re-employment of a 17200
superintendent shall be for a term of not less than one and not 17201
more than five years. At the expiration of a superintendent's 17202
current term of employment, the superintendent may be re-employed. 17203
If the board intends not to re-employ the superintendent, the 17204
board shall give the superintendent written notification of its 17205
intention. The notice shall be given not less than ninety days 17206
prior to the expiration of the superintendent's contract.17207

       (B) Two or more county boards may enter into an arrangement 17208
under which the superintendent of one county board acts as the 17209
superintendent of another county board. To enter into such an 17210
arrangement, each board shall adopt a resolution agreeing to the 17211
arrangement. The resolutions shall specify the duration of the 17212
arrangement and the contribution each board is to make to the 17213
superintendent's compensation and reimbursement for expenses.17214

       (C) If a vacancy occurs in the position of superintendent, a 17215
county board may appoint a person who holds a valid 17216
superintendent's certificate issued under the rules of the 17217
department to work under a contract for an interim period not to 17218
exceed one hundred eighty days until a permanent superintendent 17219
can be employed or arranged for under division (A) or (B) of this 17220
section. The director of the department may approve additional 17221
periods of time for these types of interim appointments when so 17222
requested by a resolution adopted by a county board, if the 17223
director determines that the additional periods are warranted and 17224
the services of a permanent superintendent are not available.17225

       Sec. 5126.041.  (A) As used in this section:17226

       (1) "Biological risk" and "environmental risk" have the 17227
meanings established pursuant to section 5123.011 of the Revised 17228
Code.17229

       (2) "Preschool child with a disability" has the same meaning 17230
as in section 3323.01 of the Revised Code.17231

       (3)(2) "State institution" means all or part of an 17232
institution under the control of the department of developmental 17233
disabilities pursuant to section 5123.03 of the Revised Code and 17234
maintained for the care, treatment, and training of the mentally 17235
retarded.17236

       (B) Except as provided in division (C) of this section, each 17237
county board of developmental disabilities shall make eligibility 17238
determinations in accordance with the definition of "developmental 17239
disability" in section 5126.01 of the Revised Code. Pursuant to 17240
rules the department of developmental disabilities shall adopt in 17241
accordance with Chapter 119.adopted under section 5123.012 of the 17242
Revised Code, a county board may establish eligibility for 17243
programs and services for either of the following:17244

       (1) Individuals under age six who have a biological risk or 17245
environmental risk of a developmental delay;17246

       (2) Anyany preschool child with a disability eligible for 17247
services under section 3323.02 of the Revised Code whose 17248
disability is not attributable solely to mental illness as defined 17249
in section 5122.01 of the Revised Code.17250

       (C)(1) A county board shall make determinations of 17251
eligibility for service and support administration in accordance 17252
with rules adopted under section 5126.08 of the Revised Code.17253

       (2) All persons who were eligible for services and enrolled 17254
in programs offered by a county board of developmental 17255
disabilities pursuant to this chapter on July 1, 1991, shall 17256
continue to be eligible for those services and to be enrolled in 17257
those programs as long as they are in need of services.17258

       (3) A person who resided in a state institution on or before 17259
October 29, 1993, is eligible for programs and services offered by 17260
a county board of developmental disabilities, unless the person is 17261
determined by the county board not to be in need of those programs 17262
and services.17263

       (D) A county board shall refer a person who requests but is 17264
not eligible for programs and services offered by the board to 17265
other entities of state and local government or appropriate 17266
private entities that provide services.17267

       (E) Membership of a person on, or employment of a person by, 17268
a county board of developmental disabilities does not affect the 17269
eligibility of any member of that person's family for services 17270
provided by the board or by any entity under contract with the 17271
board.17272

       Sec. 5126.046. (A) Except as otherwise provided by 42 C.F.R. 17273
431.51, an individual with mental retardation or other 17274
developmental disability who is eligible for home and 17275
community-based services has the right to obtain the services from 17276
any provider of the services that is qualified to furnish the 17277
services and is willing to furnish the services to the individual. 17278
A county board of developmental disabilities that has medicaid 17279
local administrative authority under division (A) of section 17280
5126.055 of the Revised Code for home and community-based services 17281
and refuses to permit an individual to obtain home and 17282
community-based services from a qualified and willing provider 17283
shall provide the individual timely notice that the individual may 17284
request a hearingappeal under section 5101.355160.31 of the 17285
Revised Code.17286

       (B) An individual with mental retardation or other 17287
developmental disability who is eligible for nonmedicaid 17288
residential services or nonmedicaid supported living has the right 17289
to obtain the services from any provider of the residential 17290
services or supported living that is qualified to furnish the 17291
residential services or supported living and is willing to furnish 17292
the residential services or supported living to the individual.17293

       (C) The department of developmental disabilities shall make 17294
available to the public on its internet web site an up-to-date 17295
list of all providers of home and community-based services, 17296
nonmedicaid residential services, and nonmedicaid supported 17297
living. County boards shall assist individuals with mental 17298
retardation or other developmental disabilities and the families 17299
of such individuals access the list on the department's internet 17300
web site.17301

       (D) The director of developmental disabilities shall adopt 17302
rules in accordance with Chapter 119. of the Revised Code 17303
governing the implementation of this section. The rules shall 17304
include procedures for individuals to choose their providers. The 17305
rules shall not be limited by a provider selection system 17306
established under section 5126.42 of the Revised Code, including 17307
any pool of providers created pursuant to a provider selection 17308
system. 17309

       Sec. 5126.051.  (A) To the extent that resources are 17310
available, a county board of developmental disabilities shall 17311
provide for or arrange residential services and supported living 17312
for individuals with mental retardation and developmental 17313
disabilities.17314

       A county board may acquire, convey, lease, or sell property 17315
for residential services and supported living and enter into loan 17316
agreements, including mortgages, for the acquisition of such 17317
property. A county board is not required to comply with provisions 17318
of Chapter 307. of the Revised Code providing for competitive 17319
bidding or sheriff sales in the acquisition, lease, conveyance, or 17320
sale of property under this division, but the acquisition, lease, 17321
conveyance, or sale must be at fair market value determined by 17322
appraisal of one or more disinterested persons appointed by the 17323
board.17324

       Any action taken by a county board under this division that 17325
will incur debt on the part of the county shall be taken in 17326
accordance with Chapter 133. of the Revised Code. A county board 17327
shall not incur any debt on the part of the county without the 17328
prior approval of the board of county commissioners.17329

       (B)(1) To the extent that resources are available, a county 17330
board shall provide or arrange for the provision of adult services 17331
to individuals who are age eighteen and older and not enrolled in 17332
a program or service under Chapter 3323. of the Revised Code or 17333
age sixteen or seventeen and eligible for adult services under 17334
rules adopted by the director of developmental disabilities under 17335
Chapter 119. of the Revised Code. These services shall be provided 17336
in accordance with the individual's individual service plan and 17337
shall include support services specified in the plan.17338

       (2) Any prevocational services shall be provided in 17339
accordance with the individual's individual service plan and occur 17340
over a specified period of time with specific outcomes sought to 17341
be achieved.17342

       (3) A county board may, in cooperation with the opportunities 17343
for Ohioans with disabilities agency, seek federal funds for job 17344
training or other services directlydirected at helping 17345
individuals obtain community employment.17346

       (4) A county board may contract with any agency, board, or 17347
other entity that is accredited by the commission on accreditation 17348
of rehabilitation facilities to provide services. A county board 17349
that is accredited by the commission on accreditation of 17350
rehabilitation facilities may provide services for which it is 17351
certified by the commission.17352

       (C) To the extent that resources are available, a county 17353
board may provide services to an individual with mental 17354
retardation or other developmental disability in addition to those 17355
provided pursuant to this section, section 5126.05 of the Revised 17356
Code, or any other section of this chapter. The services shall be 17357
provided in accordance with the individual's individual service 17358
plan and may be provided in collaboration with other entities of 17359
state or local government.17360

       Sec. 5126.08.  (A) The director of developmental disabilities 17361
shall adopt rules in accordance with Chapter 119. of the Revised 17362
Code for all programs and services offered by a county board of 17363
developmental disabilities. Such rules shall include, but are not 17364
limited to, the following:17365

       (1) Determination of what constitutes a program or service;17366

       (2) Standards to be followed by a board in administering, 17367
providing, arranging, or operating programs and services;17368

       (3) Standards for determining the nature and degree of mental 17369
retardation, including mild mental retardation, or developmental 17370
disability;17371

       (4) Standards and procedures for determiningmaking17372
eligibility determinations for the programs and services under 17373
section 5126.15 of the Revised Code;17374

       (5) Procedures for obtaining consent for the arrangement of 17375
services under section 5126.31 of the Revised Code and for 17376
obtaining signatures on individual service plans under that 17377
section;17378

       (6) Specification of the service and support administration 17379
to be provided by a county board and standards for resolving 17380
grievances in connection with service and support administration.17381

       (B) The director shall be the final authority in determining 17382
the nature and degree of mental retardation or developmental 17383
disability.17384

       Sec. 5126.21.  As used in this section, "management employee" 17385
does not include the superintendent of a county board of 17386
developmental disabilities.17387

       (A)(1) Each management employee of a county board of 17388
developmental disabilities shall hold a limited contract for a 17389
period of not less than one year and not more than five years, 17390
except that a management employee hired after the beginning of a 17391
program year may be employed under a limited contract expiring at 17392
the end of the program year. The board shall approve all contracts 17393
of employment for management employees that are for a term of more 17394
than one year. A management employee shall receive notice of the 17395
superintendent's intention not to rehire the employee at least 17396
ninety days prior to the expiration of the contract. 17397

       (2) During the term of a contract a management employee's 17398
salary may be increased, but shall not be reduced unless the 17399
reduction is part of a uniform plan affecting all employees of the 17400
board.17401

       (B) All management employees may be removed, suspended, or 17402
demoted for cause pursuant to section 5126.23 of the Revised Code.17403

       (C) All management employees shall receive employee benefits 17404
as established by the board. Sections 124.38 and 325.19 of the 17405
Revised Code do not apply to management employees.17406

       (D) The superintendent of a county board of developmental 17407
disabilities shall notify all management employees of the board of 17408
their salary no later than thirty days before the first day of the 17409
new contract year.17410

       (E) Each county board of developmental disabilities shall 17411
establish a lay-off policy to be followed if it determines a 17412
reduction in the number of management employees is necessary.17413

       (F) If a management employee position becomes vacant, the 17414
superintendent first shall consider whether to enter into an 17415
agreement with another county board for the sharing of personnel 17416
under 5126.02 of the Revised Code. If the superintendent 17417
determines there are no significant efficiencies or it is 17418
impractical to share personnel, the superintendent may employ a 17419
management employee to fill the vacancy. 17420

       Sec. 5126.25.  (A) The director of developmental disabilities 17421
shall adopt rules under division (C) of this section establishing 17422
uniform standards and procedures for the certification and 17423
registration of persons, other than the persons described in 17424
division (I) of this section, who are seeking employment with or 17425
are employed by either of the following:17426

       (1) A county board of developmental disabilities;17427

       (2) An entity that contracts with a county board to operate 17428
programs and services for individuals with mental retardation or 17429
developmental disabilities.17430

       (B) No person shall be employed in a position for which 17431
certification or registration is required pursuant to the rules 17432
adopted under this section without the certification or 17433
registration that is required for that position. The person shall 17434
not be employed or shall not continue to be employed if the 17435
required certification or registration is denied, revoked, or not 17436
renewed.17437

       (C) The director shall adopt rules in accordance with Chapter 17438
119. of the Revised Code as the director considers necessary to 17439
implement and administer this section, including rules 17440
establishing all of the following:17441

       (1) Positions of employment that are subject to this section 17442
and, for each position, whether a person must receive 17443
certification or receive registration to be employed in that 17444
position;17445

       (2) Requirements that must be met to receive the 17446
certification or registration required to be employed in a 17447
particular position, including standards regarding education, 17448
specialized training, and experience, taking into account the 17449
needs of individuals with mental retardation or developmental 17450
disabilities and the specialized techniques needed to serve them, 17451
except that the rules shall not require a person designated as a 17452
service employee under section 5126.22 of the Revised Code to have 17453
or obtain a bachelor's or higher degree;17454

       (3) Procedures to be followed in applying for initial 17455
certification or registration and for renewing the certification 17456
or registration.17457

       (4) Requirements that must be met for renewal of 17458
certification or registration, which may include continuing 17459
education and professional training requirements;17460

       (5) Subject to section 5126.23 of the Revised Code, grounds 17461
for which certification or registration may be denied, suspended, 17462
or revoked and procedures for appealing the denial, suspension, or 17463
revocation.17464

       (D) Each person seeking certification or registration for 17465
employment shall apply in the manner established in rules adopted 17466
under this section.17467

       (E)(1) Except as provided in division (E)(2) of this section, 17468
the superintendent of each county board is responsible for taking 17469
all actions regarding certification and registration of employees, 17470
other than the position of superintendent, early intervention 17471
supervisor, early intervention specialist, or investigative agent. 17472
For the position of superintendent, early intervention supervisor, 17473
early intervention specialist, or investigative agent, the 17474
director of developmental disabilities is responsible for taking 17475
all such actions.17476

       Actions that may be taken by the superintendent or director 17477
include issuing, renewing, denying, suspending, and revoking 17478
certification and registration. All actions shall be taken in 17479
accordance with the rules adopted under this section.17480

       The superintendent may charge a fee to persons applying for 17481
certification or registration. The superintendent shall establish 17482
the amount of the fee according to the costs the county board 17483
incurs in administering its program for certification and 17484
registration of employees.17485

       A person subject to the denial, suspension, or revocation of 17486
certification or registration may appeal the decision. The appeal 17487
shall be made in accordance with the rules adopted under this 17488
section.17489

       (2) Pursuant to division (C) of section 5126.05 of the 17490
Revised Code, the superintendent may enter into a contract with 17491
any other entity under which the entity is given authority to 17492
carry out all or part of the superintendent's responsibilities 17493
under division (E)(1) of this section.17494

       (F) A person with valid certification or registration under 17495
this section on the effective date of any rules adopted under this 17496
section that increase the standards applicable to the 17497
certification or registration shall have such period as the rules 17498
prescribe, but not less than one year after the effective date of 17499
the rules, to meet the new certification or registration 17500
standards.17501

       (G) A person with valid certification or registration is 17502
qualified to be employed according to that certification or 17503
registration by any county board or entity contracting with a 17504
county board.17505

       (H) The director shall monitor county boards to ensure that 17506
their employees and the employees of their contracting entities 17507
have the applicable certification or registration required under 17508
this section and that the employees are performing only those 17509
functions they are authorized to perform under the certification 17510
or registration. The superintendent of each county board or the 17511
superintendent's designee shall maintain in appropriate personnel 17512
files evidence acceptable to the director that the employees have 17513
met the requirements. On request, representatives of the 17514
department of developmental disabilities shall be given access to 17515
the evidence. 17516

       (I) The certification and registration requirements of this 17517
section and the rules adopted under it do not apply to either of 17518
the following:17519

       (1) A person who holds a valid license issued or certificate 17520
issued under Chapter 3319. of the Revised Code and performs no 17521
duties other than teaching or supervision of a teaching program;17522

       (2) A person who holds a valid license or certificate issued 17523
under Title XLVII of the Revised Code and performs only those 17524
duties governed by the license or certificate.17525

       Sec. 5126.42. (A) AEach county board of developmental 17526
disabilities shall establish an advisory council composed of board 17527
members or employees of the board, providers, individuals 17528
receiving supported living, and advocates for individuals 17529
receiving supported living to provide on-going communication among 17530
all persons concerned with supported living.17531

       (B) The board shall develop procedures for the resolution of 17532
grievances between the following:17533

       (A) The board and providers or between the;17534

       (B) The board and an entity with which it has a shared 17535
funding agreement.17536

       (C) The board shall develop and implement a provider 17537
selection system. Each system shall enable an individual to choose 17538
to continue receiving supported living from the same providers, to 17539
select additional providers, or to choose alternative providers. 17540
Annually, the board shall review its provider selection system to 17541
determine whether it has been implemented in a manner that allows 17542
individuals fair and equitable access to providers.17543

       In developing a provider selection system, the county board 17544
shall create a pool of providers for individuals to use in 17545
choosing their providers of supported living. The pool shall be 17546
created by placing in the pool all providers on record with the 17547
board or by placing in the pool all providers approved by the 17548
board through soliciting requests for proposals for supported 17549
living contracts. In either case, only providers that are 17550
certified by the director of developmental disabilities may be 17551
placed in the pool.17552

       If the board places all providers on record in the pool, the 17553
board shall review the pool at least annually to determine whether 17554
each provider has continued interest in being a provider and has 17555
maintained its certification by the department. At any time, an 17556
interested and certified provider may make a request to the board 17557
that it be added to the pool, and the board shall add the provider 17558
to the pool not later than seven days after receiving the request.17559

       If the board solicits requests for proposals for inclusion of 17560
providers in the pool, the board shall develop standards for 17561
selecting the providers to be included. Requests for proposals 17562
shall be solicited at least annually. When requests are solicited, 17563
the board shall cause legal notices to be published once each week 17564
for two consecutive weeks in a newspaper of general circulation 17565
within the county or as provided in section 7.16 of the Revised 17566
Code. The board's formal request for proposals shall include a 17567
description of any applicable contract terms, the standards that 17568
are used to select providers for inclusion in the pool, and the 17569
process the board uses to resolve disputes arising from the 17570
selection process. The board shall accept requests from any entity 17571
interested in being a provider of supported living for individuals 17572
served by the board. Requests shall be approved or denied 17573
according to the standards developed by the board. Providers that 17574
previously have been placed in the pool are not required to 17575
resubmit a request for proposal to be included in the pool, unless 17576
the board's standards have been changed.17577

       In assisting an individual in choosing a provider, the county 17578
board shall provide the individual with uniform and consistent 17579
information pertaining to each provider in the pool. An individual 17580
may choose to receive supported living from a provider that is not 17581
included in the pool, if the provider is certified by the director 17582
of developmental disabilities.17583

       Sec. 5126.43.  (A) After receiving notice from the department 17584
of developmental disabilities of the amount of state funds to be 17585
distributed to it for planning, developing, contracting for, and 17586
providing supported living, the county board of developmental 17587
disabilities shall arrange for supported living on behalf of and 17588
with the consent of individuals based on their individual service 17589
plans developed under section 5126.41 of the Revised Code. With 17590
the state distribution and any other money designated by the board 17591
for supported living, the board shall arrange for supported living 17592
in one or more of the following ways:17593

       (1) By contracting under section 5126.45 of the Revised Code 17594
with providers selected by the individual to be served;17595

       (2) By entering into shared funding agreements with state 17596
agencies, local public agencies, or political subdivisions at 17597
rates negotiated by the board;17598

       (3) By providing direct payment or vouchers to be used to 17599
purchase supported living, pursuant to a written contract in an 17600
amount determined by the board, to the individual or a person 17601
providing the individual with protective services as defined in 17602
section 5123.55 of the Revised Code.17603

       (B) The board may arrange for supported living only with 17604
providers that are certified by the director of developmental 17605
disabilities. 17606

       When no certified provider is willing and able to provide 17607
supported living for an individual in accordance with the terms of 17608
the individual service plan for that individual, a county board 17609
may provide supported living directly if it is certified by the 17610
director of developmental disabilities to provide supported 17611
living.17612

       A county board may, for a period not to exceed ninety days, 17613
contract for or provide supported living without meeting the 17614
requirements of this section for an individual it determines to be 17615
in emergency need of supported living. Thereafter, the individual 17616
shall choose providers in accordance with sections 5126.046 and17617
5126.41 and 5126.42 of the Revised Code.17618

       Sec. 5126.45.  (A) A contract between a county board of 17619
developmental disabilities and a provider of supported living 17620
shall be in writing and shall be based on the individual service 17621
plan developed by the individual under section 5126.41 of the 17622
Revised Code. The plan may be submitted as an addendum to the 17623
contract. An individual receiving services pursuant to a contract 17624
shall be considered a third-party beneficiary to the contract.17625

       (B) The contract shall be negotiated between the provider and 17626
the county board. The terms of the contract shall include at least 17627
the following:17628

       (1) The contract period and conditions for renewal;17629

       (2) The services to be provided pursuant to the individual 17630
service plan;17631

       (3) The rights and responsibilities of all parties to the 17632
contract;17633

       (4) The methods that will be used to evaluate the services 17634
delivered by the provider;17635

       (5) Procedures for contract modification that ensure all 17636
parties affected by the modification are involved and agree;17637

       (6) A process for resolving conflicts between individuals 17638
receiving services, the county board, and the provider, as 17639
applicable;17640

       (7) Procedures for the retention of applicable records;17641

       (8) Provisions for contract termination by any party involved 17642
that include requirements for an appropriate notice of intent to 17643
terminate the contract;17644

       (9) Methods to be used to document services provided;17645

       (10) Procedures for submitting reports required by the county 17646
board as a condition of receiving payment under the contract;17647

       (11) The method and schedule the board will use to make 17648
payments to the provider and whether periodic payment adjustments 17649
will be made to the provider;17650

       (12) Provisions for conducting fiscal reconciliations for 17651
payments made through methods other than a fee-for-service 17652
arrangement.17653

       (C) Payments to the provider under a supported living 17654
contract must be determined by the county board to be reasonable 17655
in accordance with policies and procedures developed by the county17656
board. Goods or services provided without charge to the provider 17657
shall not be included as expenditures of the provider.17658

       (D) The county board shall establish procedures for 17659
reconciling expenditures and payments, other than those made under 17660
a fee-for-service arrangement, for the prior contract year when a 17661
contract is not renewed and shall reconcile expenditures and 17662
payments in accordance with these procedures.17663

       (E) A provider or an entity with which the county board has 17664
entered into a shared funding agreement may appeal a negotiated 17665
contract or proposed shared funding rate toseek resolution of 17666
grievances with the county board using the procedures established 17667
by the county board under section 5126.42 of the Revised Code.17668

       Sec. 5139.12. Any person who is required, pursuant to 17669
division (A) of section 2151.421 of the Revised Code, to report 17670
the person's knowledge of or reasonable cause to suspect abuse or 17671
neglect or threat of abuse or neglect of a child under eighteen 17672
years of age or a mentally retarded, developmentally disabled, or 17673
physically impaired child under twenty-one years of age or any 17674
person who is permitted, pursuant to division (B) of that section, 17675
to report, or cause such a report to be made and who makes or 17676
causes the report to be made, shall direct that report to the 17677
state highway patrol if the child is a delinquent child in the 17678
custody of an institution. If the state highway patrol determines 17679
after receipt of the report that there is probable cause that 17680
abuse or neglect or threat of abuse or neglect of the delinquent 17681
child occurred, the highway patrol shall report its findings to 17682
the department of youth services, to the court that ordered the 17683
disposition of the delinquent child for the act that would have 17684
been an offense if committed by an adult and for which the 17685
delinquent child is in the custody of the department, to the 17686
public children services agency in the county in which the child 17687
resides or in which the abuse or neglect or threat of abuse or 17688
neglect occurred, and to the chairperson and vice-chairperson of 17689
the correctional institution inspection committee established by 17690
section 103.71 of the Revised Code. 17691

       Sec. 5139.45.  (A) As used in this section:17692

       (1) "Institution" means a state facility that is created by 17693
the general assembly and that is under the management and control 17694
of the department of youth services or a private entity with which 17695
the department has contracted for the institutional care and 17696
custody of felony delinquents.17697

       (2) "Quality assurance program" means a comprehensive program 17698
within the department of youth services to systematically review 17699
and improve the quality of programming, operations, education, 17700
medical and mental health services within the department and the 17701
department's institutions, the safety and security of persons 17702
receiving care and services within the department and the 17703
department's institutions, and the efficiency and effectiveness of 17704
the utilization of staff and resources in the delivery of services 17705
within the department and the department's institutions.17706

       (3) "Quality assurance program activities" means the 17707
activities of the institution and the office of quality assurance 17708
and improvement, of persons who provide, collect, or compile 17709
information and reports required by the office of quality 17710
assurance and improvement, and of persons who receive, review, or 17711
implement the recommendations made by the office of quality 17712
assurance and improvement. "Quality assurance program activities" 17713
include credentialing, infection control, utilization review 17714
including access to patient care, patient care assessments, 17715
medical and mental health records, medical and mental health 17716
resource management, mortality and morbidity review, and 17717
identification and prevention of medical or mental health 17718
incidents and risks, whether performed by the office of quality 17719
assurance and improvement or by persons who are directed by the 17720
office of quality assurance and improvement.17721

       (4) "Quality assurance record" means the proceedings, 17722
records, minutes, and reports that result from quality assurance 17723
program activities. "Quality assurance record" does not include 17724
aggregate statistical information that does not disclose the 17725
identity of persons receiving or providing services in 17726
institutions.17727

       (B) The office of quality assurance and improvement is hereby 17728
created as an office in the department of youth services. The 17729
director of youth services shall appoint a managing officer to 17730
carry out quality assurance program activities.17731

       (C)(1) Except as otherwise provided in division (F) of this 17732
section, quality assurance records are confidential and are not 17733
public records under section 149.43 of the Revised Code and shall 17734
be used only in the course of the proper functions of a quality 17735
assurance program.17736

       (2) Except as provided in division (F) of this section, no 17737
person who possesses or has access to quality assurance records 17738
and who knows that the records are quality assurance records shall 17739
willfully disclose the contents of the records to any person or 17740
entity.17741

       (D)(1) Except as otherwise provided in division (F) of this 17742
section, a quality assurance record is not subject to discovery 17743
and is not admissible as evidence in any judicial or 17744
administrative proceeding.17745

       (2) Except as provided in division (F) of this section, no 17746
employee of the office of quality assurance and improvement or a 17747
person who is performing a function that is part of a quality 17748
assurance program shall be permitted or required to testify in a 17749
judicial or administrative proceeding with respect to a quality 17750
assurance record or with respect to any finding, recommendation, 17751
evaluation, opinion, or other action taken by the office or 17752
program or by the person within the scope of the quality assurance 17753
program.17754

       (3) Information, documents, or records otherwise available 17755
from original sources shall not be unavailable for discovery or 17756
inadmissible as evidence in a judicial or administrative 17757
proceeding under division (D)(1) of this section merely because 17758
they were presented to the office of quality assurance and 17759
improvement. No person who is an employee of the office of quality 17760
assurance and improvement shall be prohibited from testifying as 17761
to matters within the person's knowledge, but the person shall not 17762
be asked about an opinion formed by the person as a result of the 17763
person's quality assurance program activities.17764

       (E)(1) A person who, without malice and in the reasonable 17765
belief that the information is warranted by the facts known to the 17766
person, provides information to a person engaged in quality 17767
assurance program activities is not liable for damages in a civil 17768
action for injury, death, or loss to person or property as a 17769
result of providing the information.17770

       (2) An employee of the office of quality assurance and 17771
improvement, a person engaged in quality assurance program 17772
activities, or an employee of the department of youth services 17773
shall not be liable in damages in a civil action for injury, 17774
death, or loss to person or property for any acts, omissions, 17775
decisions, or other conduct within the scope of the functions of 17776
the quality assurance program.17777

       (3) Nothing in this section shall relieve any institution 17778
from liability arising from the treatment of a patient.17779

       (F) Quality assurance records may be disclosed, and testimony 17780
may be provided concerning quality assurance records, only to the 17781
following persons or entities or under the following 17782
circumstances:17783

       (1) Persons who are employed or retained by the department of 17784
youth services and who have the authority to evaluate or implement 17785
the recommendations of an institution or the office of quality 17786
assurance and improvement;17787

       (2) Public or private agencies or organizations if needed to 17788
perform a licensing or accreditation function related to 17789
institutions or to perform monitoring of institutions as required 17790
by law;17791

       (3) A governmental board or agency, a professional health 17792
care society or organization, or a professional standards review 17793
organization, if the records or testimony are needed to perform 17794
licensing, credentialing, or monitoring of professional standards 17795
with respect to medical or mental health professionals employed or 17796
retained by the department;17797

       (4) A criminal or civil law enforcement agency or public 17798
health agency charged by law with the protection of public health 17799
or safety, if a qualified representative of the agency makes a 17800
written request stating that the records or testimony are 17801
necessary for a purpose authorized by law;17802

       (5) In a judicial or administrative proceeding commenced by 17803
an entity described in division (F)(3) or (4) of this section for 17804
a purpose described in that division but only with respect to the 17805
subject of the proceedings.17806

       (G) A disclosure of quality assurance records pursuant to 17807
division (F) of this section does not otherwise waive the 17808
confidential and privileged status of the disclosed quality 17809
assurance records. The names and other identifying information 17810
regarding individual patients or employees of the office of 17811
quality assurance and improvement contained in a quality assurance 17812
record shall be redacted from the record prior to the disclosure 17813
of the record unless the identity of an individual is necessary 17814
for the purpose for which the disclosure is being made and does 17815
not constitute a clearly unwarranted invasion of personal privacy. 17816

       Sec. 5513.01.  (A) AllThe director of transportation shall 17817
make all purchases of machinery, materials, supplies, or other 17818
articles that the director of transportation makes shall be in the 17819
manner provided in this section. In all cases except those in 17820
which the director provides written authorization for purchases by 17821
district deputy directors of transportation, the director shall 17822
make all such purchases shall be made at the central office of the 17823
department of transportation in Columbus. Before making any 17824
purchase at that office, the director, as provided in this 17825
section, shall give notice to bidders of the director's intention 17826
to purchase. Where the expenditure does not exceed the amount 17827
applicable to the purchase of supplies specified in division (B) 17828
of section 125.05 of the Revised Code, as adjusted pursuant to 17829
division (D) of that section, the director shall give such notice 17830
as the director considers proper, or the director may make the 17831
purchase without notice. Where the expenditure exceeds the amount 17832
applicable to the purchase of supplies specified in division (B) 17833
of section 125.05 of the Revised Code, as adjusted pursuant to 17834
division (D) of that section, the director shall give notice by 17835
posting for not less than ten days a written, typed, or printed 17836
invitation to bidders on a bulletin board, which. The director17837
shall be locatedlocate the notice in a place in the offices 17838
assigned to the department and open to the public during business 17839
hours. Producers17840

       Producers or distributors of any product may notify the 17841
director, in writing, of the class of articles for the furnishing 17842
of which they desire to bid and their post-office addresses, in 17843
which case. In that circumstance, the director shall mail copies 17844
of all invitations to bidders relating to the purchase of such 17845
articles shall be mailed to such persons by the director by 17846
regular first class mail at least ten days prior to the time fixed 17847
for taking bids. The director also may mail copies of all 17848
invitations to bidders to news agencies or other agencies or 17849
organizations distributing information of this character. Requests 17850
for invitations shallare not be valid norand do not require 17851
action by the director unless renewed by the director, either 17852
annually or after such shorter period as the director may 17853
prescribe by a general rule. The17854

       The director shall include in an invitation to bidders shall 17855
contain a brief statement of the general character of the article 17856
that it is intended to purchase, the approximate quantity desired, 17857
and a statement of the time and place where bids will be received, 17858
and may relate to and describe as many different articles as the 17859
director thinks proper, it being the intent and purpose of this 17860
section to authorize the inclusion in a single invitation of as 17861
many different articles as the director desires to invite bids 17862
upon at any given time. InvitationsThe director shall give 17863
invitations issued during each calendar year shall be given17864
consecutive numbers, and ensure that the number assigned to each 17865
invitation shall appearappears on all copies thereof. In all 17866
cases where notice is required by this section, the director shall 17867
require sealed bids shall be taken, on forms prescribed and 17868
furnished by the director, and. The director shall not permit the17869
modification of bids after they have been opened shall not be 17870
permitted.17871

       (B) The director may permit the Ohio turnpike and 17872
infrastructure commission, any political subdivision, and any 17873
state university or college to participate in contracts into which 17874
the director has entered for the purchase of machinery, materials, 17875
supplies, or other articles. The turnpike and infrastructure 17876
commission and any political subdivision or state university or 17877
college desiring to participate in such purchase contracts shall 17878
file with the director a certified copy of the bylaws or rules of 17879
the turnpike and infrastructure commission or the ordinance or 17880
resolution of the legislative authority, board of trustees, or 17881
other governing board requesting authorization to participate in 17882
such contracts and agreeing to be bound by such terms and 17883
conditions as the director prescribes. Purchases made by the 17884
turnpike and infrastructure commission, political subdivisions, or 17885
state universities or colleges under this division are exempt from 17886
any competitive bidding required by law for the purchase of 17887
machinery, materials, supplies, or other articles.17888

       (C) As used in this section:17889

       (1) "Political subdivision" means any county, township, 17890
municipal corporation, conservancy district, township park 17891
district, park district created under Chapter 1545. of the Revised 17892
Code, port authority, regional transit authority, regional airport 17893
authority, regional water and sewer district, county transit 17894
board, or school district as defined in section 5513.04 of the 17895
Revised Code, regional planning commission formed under section 17896
713.21 of the Revised Code, regional council of government formed 17897
under section 167.01 of the Revised Code, or other association of 17898
local governments established pursuant to an agreement under 17899
sections 307.14 to 307.19 of the Revised Code.17900

       (2) "State university or college" has the same meaning as in 17901
division (A)(1) of section 3345.32 of the Revised Code.17902

       (3) "Ohio turnpike and infrastructure commission" means the 17903
commission created by section 5537.02 of the Revised Code.17904

       Sec. 5531.10.  (A) As used in this chapter:17905

       (1) "Bond proceedings" means the resolution, order, trust 17906
agreement, indenture, lease, lease-purchase agreements, and other 17907
agreements, amendments and supplements to the foregoing, or any 17908
one or more or combination thereof, authorizing or providing for 17909
the terms and conditions applicable to, or providing for the 17910
security or liquidity of, obligations issued pursuant to this 17911
section, and the provisions contained in such obligations.17912

       (2) "Bond service charges" means principal, including 17913
mandatory sinking fund requirements for retirement of obligations, 17914
and interest, and redemption premium, if any, required to be paid 17915
by the state on obligations.17916

       (3) "Bond service fund" means the applicable fund and 17917
accounts therein created for and pledged to the payment of bond 17918
service charges, which may be, or may be part of, the state 17919
infrastructure bank revenue bond service fund created by division 17920
(R) of this section including all moneys and investments, and 17921
earnings from investments, credited and to be credited thereto.17922

       (4) "Issuing authority" means the treasurer of state, or the 17923
officer who by law performs the functions of the treasurer of 17924
state.17925

       (5) "Obligations" means bonds, notes, or other evidence of 17926
obligation including interest coupons pertaining thereto, issued 17927
pursuant to this section.17928

       (6) "Pledged receipts" means moneys accruing to the state 17929
from the lease, lease-purchase, sale, or other disposition, or 17930
use, of qualified projects, and from the repayment, including 17931
interest, of loans made from proceeds received from the sale of 17932
obligations; accrued interest received from the sale of 17933
obligations; income from the investment of the special funds; any 17934
gifts, grants, donations, and pledges, and receipts therefrom, 17935
available for the payment of bond service charges; and any amounts 17936
in the state infrastructure bank pledged to the payment of such 17937
charges. If the amounts in the state infrastructure bank are 17938
insufficient for the payment of such charges, "pledged receipts" 17939
also means moneys that are apportioned by the United States 17940
secretary of transportation under United States Code, Title XXIII, 17941
as amended, or any successor legislation, or under any other 17942
federal law relating to aid for highways, and that are to be 17943
received as a grant by the state, to the extent the state is not 17944
prohibited by state or federal law from using such moneys and the 17945
moneys are pledged to the payment of such bond service charges.17946

       (7) "Special funds" or "funds" means, except where the 17947
context does not permit, the bond service fund, and any other 17948
funds, including reserve funds, created under the bond 17949
proceedings, and the state infrastructure bank revenue bond 17950
service fund created by division (R) of this section to the extent 17951
provided in the bond proceedings, including all moneys and 17952
investments, and earnings from investment, credited and to be 17953
credited thereto.17954

       (8) "State infrastructure project" means any public 17955
transportation project undertaken by the state, including, but not 17956
limited to, all components of any such project, as described in 17957
division (D) of section 5531.09 of the Revised Code.17958

       (9) "District obligations" means bonds, notes, or other 17959
evidence of obligation including interest coupons pertaining 17960
thereto, issued to finance a qualified project by a transportation 17961
improvement district created pursuant to section 5540.02 of the 17962
Revised Code, of which the principal, including mandatory sinking 17963
fund requirements for retirement of such obligations, and interest 17964
and redemption premium, if any, are payable by the department of 17965
transportation.17966

       (B) The issuing authority, after giving written notice to the 17967
director of budget and management and upon the certification by 17968
the director of transportation to the issuing authority of the 17969
amount of moneys or additional moneys needed either for state 17970
infrastructure projects or to provide financial assistance for any 17971
of the purposes for which the state infrastructure bank may be 17972
used under section 5531.09 of the Revised Code, or needed for 17973
capitalized interest, funding reserves, and paying costs and 17974
expenses incurred in connection with the issuance, carrying, 17975
securing, paying, redeeming, or retirement of the obligations or 17976
any obligations refunded thereby, including payment of costs and 17977
expenses relating to letters of credit, lines of credit, 17978
insurance, put agreements, standby purchase agreements, indexing, 17979
marketing, remarketing and administrative arrangements, interest 17980
swap or hedging agreements, and any other credit enhancement, 17981
liquidity, remarketing, renewal, or refunding arrangements, all of 17982
which are authorized by this section, shall issue obligations of 17983
the state under this section in the required amount. The proceeds 17984
of such obligations, except for the portion to be deposited in 17985
special funds, including reserve funds, as may be provided in the 17986
bond proceedings, shall as provided in the bond proceedings be 17987
credited to the infrastructure bank obligations fund of the state 17988
infrastructure bank created by section 5531.09 of the Revised Code 17989
and disbursed as provided in the bond proceedings for such 17990
obligations. The issuing authority may appoint trustees, paying 17991
agents, transfer agents, and authenticating agents, and may retain 17992
the services of financial advisors, accounting experts, and 17993
attorneys, and retain or contract for the services of marketing, 17994
remarketing, indexing, and administrative agents, other 17995
consultants, and independent contractors, including printing 17996
services, as are necessary in the issuing authority's judgment to 17997
carry out this section. The costs of such services are payable 17998
from funds of the state infrastructure bank unless otherwise 17999
provided in the bond proceedings.18000

       (C) The holders or owners of such obligations shall have no 18001
right to have moneys raised by taxation by the state of Ohio 18002
obligated or pledged, and moneys so raised shall not be obligated 18003
or pledged, for the payment of bond service charges. The right of 18004
such holders and owners to the payment of bond service charges is 18005
limited to all or that portion of the pledged receipts and those 18006
special funds pledged thereto pursuant to the bond proceedings for 18007
such obligations in accordance with this section, and each such 18008
obligation shall bear on its face a statement to that effect. 18009
Moneys received as repayment of loans made by the state 18010
infrastructure bank pursuant to section 5531.09 of the Revised 18011
Code shall not be considered moneys raised by taxation by the 18012
state of Ohio regardless of the source of the moneys.18013

       (D) Obligations shall be authorized by order of the issuing 18014
authority and the bond proceedings shall provide for the purpose 18015
thereof and the principal amount or amounts, and shall provide for 18016
or authorize the manner or agency for determining the principal 18017
maturity or maturities, not exceeding twenty-five years from the 18018
date of issuance or, with respect to obligations the debt service 18019
on which is to be directly or indirectly provided for by payments 18020
a private entity has contracted in the bond proceedings to make, 18021
not exceeding forty-five years from the date of issuance, the 18022
interest rate or rates or the maximum interest rate, the date of 18023
the obligations and the dates of payment of interest thereon, 18024
their denomination, and the establishment within or without the 18025
state of a place or places of payment of bond service charges. 18026
Sections 9.98 to 9.983 of the Revised Code are applicable to 18027
obligations issued under this section. The purpose of such 18028
obligations may be stated in the bond proceedings in terms 18029
describing the general purpose or purposes to be served. The bond 18030
proceedings also shall provide, subject to the provisions of any 18031
other applicable bond proceedings, for the pledge of all, or such 18032
part as the issuing authority may determine, of the pledged 18033
receipts and the applicable special fund or funds to the payment 18034
of bond service charges, which pledges may be made either prior or 18035
subordinate to other expenses, claims, or payments, and may be 18036
made to secure the obligations on a parity with obligations 18037
theretofore or thereafter issued, if and to the extent provided in 18038
the bond proceedings. The pledged receipts and special funds so 18039
pledged and thereafter received by the state immediately are 18040
subject to the lien of such pledge without any physical delivery 18041
thereof or further act, and the lien of any such pledges is valid 18042
and binding against all parties having claims of any kind against 18043
the state or any governmental agency of the state, irrespective of 18044
whether such parties have notice thereof, and shall create a 18045
perfected security interest for all purposes of Chapter 1309. of 18046
the Revised Code, without the necessity for separation or delivery 18047
of funds or for the filing or recording of the bond proceedings by 18048
which such pledge is created or any certificate, statement, or 18049
other document with respect thereto; and the pledge of such 18050
pledged receipts and special funds is effective and the money 18051
therefrom and thereof may be applied to the purposes for which 18052
pledged without necessity for any act of appropriation. Every 18053
pledge, and every covenant and agreement made with respect 18054
thereto, made in the bond proceedings may therein be extended to 18055
the benefit of the owners and holders of obligations authorized by 18056
this section, and to any trustee therefor, for the further 18057
security of the payment of the bond service charges.18058

       For purposes of this division, "private entity" has the same 18059
meaning as in section 5501.70 of the Revised Code.18060

       (E) The bond proceedings may contain additional provisions as 18061
to:18062

       (1) The redemption of obligations prior to maturity at the 18063
option of the issuing authority at such price or prices and under 18064
such terms and conditions as are provided in the bond proceedings;18065

       (2) Other terms of the obligations;18066

       (3) Limitations on the issuance of additional obligations;18067

       (4) The terms of any trust agreement or indenture securing 18068
the obligations or under which the same may be issued;18069

       (5) The deposit, investment, and application of special 18070
funds, and the safeguarding of moneys on hand or on deposit, 18071
without regard to Chapter 131. or 135. of the Revised Code, but 18072
subject to any special provisions of this section with respect to 18073
particular funds or moneys, provided that any bank or trust 18074
company which acts as depository of any moneys in the special 18075
funds may furnish such indemnifying bonds or may pledge such 18076
securities as required by the issuing authority;18077

       (6) Any or every provision of the bond proceedings being 18078
binding upon such officer, board, commission, authority, agency, 18079
department, or other person or body as may from time to time have 18080
the authority under law to take such actions as may be necessary 18081
to perform all or any part of the duty required by such provision;18082

       (7) Any provision that may be made in a trust agreement or 18083
indenture;18084

       (8) Any other or additional agreements with the holders of 18085
the obligations, or the trustee therefor, relating to the 18086
obligations or the security therefor, including the assignment of 18087
mortgages or other security relating to financial assistance for 18088
qualified projects under section 5531.09 of the Revised Code.18089

       (F) The obligations may have the great seal of the state or a 18090
facsimile thereof affixed thereto or printed thereon. The 18091
obligations and any coupons pertaining to obligations shall be 18092
signed or bear the facsimile signature of the issuing authority. 18093
Any obligations or coupons may be executed by the person who, on 18094
the date of execution, is the proper issuing authority although on 18095
the date of such bonds or coupons such person was not the issuing 18096
authority. In case the issuing authority whose signature or a 18097
facsimile of whose signature appears on any such obligation or 18098
coupon ceases to be the issuing authority before delivery thereof, 18099
such signature or facsimile nevertheless is valid and sufficient 18100
for all purposes as if the former issuing authority had remained 18101
the issuing authority until such delivery; and in case the seal to 18102
be affixed to obligations has been changed after a facsimile of 18103
the seal has been imprinted on such obligations, such facsimile 18104
seal shall continue to be sufficient as to such obligations and 18105
obligations issued in substitution or exchange therefor.18106

       (G) All obligations are negotiable instruments and securities 18107
under Chapter 1308. of the Revised Code, subject to the provisions 18108
of the bond proceedings as to registration. The obligations may be 18109
issued in coupon or in registered form, or both, as the issuing 18110
authority determines. Provision may be made for the registration 18111
of any obligations with coupons attached thereto as to principal 18112
alone or as to both principal and interest, their exchange for 18113
obligations so registered, and for the conversion or reconversion 18114
into obligations with coupons attached thereto of any obligations 18115
registered as to both principal and interest, and for reasonable 18116
charges for such registration, exchange, conversion, and 18117
reconversion.18118

       (H) Obligations may be sold at public sale or at private 18119
sale, as determined in the bond proceedings.18120

       (I) Pending preparation of definitive obligations, the 18121
issuing authority may issue interim receipts or certificates which 18122
shall be exchanged for such definitive obligations.18123

       (J) In the discretion of the issuing authority, obligations 18124
may be secured additionally by a trust agreement or indenture 18125
between the issuing authority and a corporate trustee which may be 18126
any trust company or bank havingpossessing trust powers that has18127
a place of business within the state. Any such agreement or 18128
indenture may contain the order authorizing the issuance of the 18129
obligations, any provisions that may be contained in any bond 18130
proceedings, and other provisions which are customary or 18131
appropriate in an agreement or indenture of such type, including, 18132
but not limited to:18133

       (1) Maintenance of each pledge, trust agreement, indenture, 18134
or other instrument comprising part of the bond proceedings until 18135
the state has fully paid the bond service charges on the 18136
obligations secured thereby, or provision therefor has been made;18137

       (2) In the event of default in any payments required to be 18138
made by the bond proceedings, or any other agreement of the 18139
issuing authority made as a part of the contract under which the 18140
obligations were issued, enforcement of such payments or agreement 18141
by mandamus, the appointment of a receiver, suit in equity, action 18142
at law, or any combination of the foregoing;18143

       (3) The rights and remedies of the holders of obligations and 18144
of the trustee, and provisions for protecting and enforcing them, 18145
including limitations on the rights of individual holders of 18146
obligations;18147

       (4) The replacement of any obligations that become mutilated 18148
or are destroyed, lost, or stolen;18149

       (5) Such other provisions as the trustee and the issuing 18150
authority agree upon, including limitations, conditions, or 18151
qualifications relating to any of the foregoing.18152

       (K) Any holder of obligations or a trustee under the bond 18153
proceedings, except to the extent that the holder's or trustee's 18154
rights are restricted by the bond proceedings, may by any suitable 18155
form of legal proceedings, protect and enforce any rights under 18156
the laws of this state or granted by such bond proceedings. Such 18157
rights include the right to compel the performance of all duties 18158
of the issuing authority and the director of transportation 18159
required by the bond proceedings or sections 5531.09 and 5531.10 18160
of the Revised Code; to enjoin unlawful activities; and in the 18161
event of default with respect to the payment of any bond service 18162
charges on any obligations or in the performance of any covenant 18163
or agreement on the part of the issuing authority or the director 18164
of transportation in the bond proceedings, to apply to a court 18165
having jurisdiction of the cause to appoint a receiver to receive 18166
and administer the pledged receipts and special funds, other than 18167
those in the custody of the treasurer of state, which are pledged 18168
to the payment of the bond service charges on such obligations or 18169
which are the subject of the covenant or agreement, with full 18170
power to pay, and to provide for payment of bond service charges 18171
on, such obligations, and with such powers, subject to the 18172
direction of the court, as are accorded receivers in general 18173
equity cases, excluding any power to pledge additional revenues or 18174
receipts or other income or moneys of the state or local 18175
governmental entities, or agencies thereof, to the payment of such 18176
principal and interest and excluding the power to take possession 18177
of, mortgage, or cause the sale or otherwise dispose of any 18178
project facilities.18179

       Each duty of the issuing authority and the issuing 18180
authority's officers and employees, and of each state or local 18181
governmental agency and its officers, members, or employees, 18182
undertaken pursuant to the bond proceedings or any loan, loan 18183
guarantee, lease, lease-purchase agreement, or other agreement 18184
made under authority of section 5531.09 of the Revised Code, and 18185
in every agreement by or with the issuing authority, is hereby 18186
established as a duty of the issuing authority, and of each such 18187
officer, member, or employee having authority to perform such 18188
duty, specifically enjoined by the law resulting from an office, 18189
trust, or station within the meaning of section 2731.01 of the 18190
Revised Code.18191

       The person who is at the time the issuing authority, or the 18192
issuing authority's officers or employees, are not liable in their 18193
personal capacities on any obligations issued by the issuing 18194
authority or any agreements of or with the issuing authority.18195

       (L) The issuing authority may authorize and issue obligations 18196
for the refunding, including funding and retirement, and advance 18197
refunding with or without payment or redemption prior to maturity, 18198
of any obligations previously issued by the issuing authority or 18199
district obligations. Such refunding obligations may be issued in 18200
amounts sufficient for payment of the principal amount of the 18201
prior obligations or district obligations, any redemption premiums 18202
thereon, principal maturities of any such obligations or district 18203
obligations maturing prior to the redemption of the remaining 18204
obligations or district obligations on a parity therewith, 18205
interest accrued or to accrue to the maturity dates or dates of 18206
redemption of such obligations or district obligations, and any 18207
expenses incurred or to be incurred in connection with such 18208
issuance and such refunding, funding, and retirement. Subject to 18209
the bond proceedings therefor, the portion of proceeds of the sale 18210
of refunding obligations issued under this division to be applied 18211
to bond service charges on the prior obligations or district 18212
obligations shall be credited to an appropriate account held by 18213
the trustee for such prior or new obligations or to the 18214
appropriate account in the bond service fund for such obligations 18215
or district obligations. Obligations authorized under this 18216
division shall be deemed to be issued for those purposes for which 18217
such prior obligations or district obligations were issued and are 18218
subject to the provisions of this section pertaining to other 18219
obligations, except as otherwise provided in this section. The 18220
last maturity of obligations authorized under this division shall 18221
not be later than twenty-five years from the date of issuancethe 18222
last maturity of the original securities issued for the original 18223
purpose.18224

       (M) The authority to issue obligations under this section 18225
includes authority to issue obligations in the form of bond 18226
anticipation notes and to renew the same from time to time by the 18227
issuance of new notes. The holders of such notes or interest 18228
coupons pertaining thereto shall have a right to be paid solely 18229
from the pledged receipts and special funds that may be pledged to 18230
the payment of the bonds anticipated, or from the proceeds of such 18231
bonds or renewal notes, or both, as the issuing authority provides 18232
in the order authorizing such notes. Such notes may be 18233
additionally secured by covenants of the issuing authority to the 18234
effect that the issuing authority and the state will do such or 18235
all things necessary for the issuance of such bonds or renewal 18236
notes in the appropriate amount, and apply the proceeds thereof to 18237
the extent necessary, to make full payment of the principal of and 18238
interest on such notes at the time or times contemplated, as 18239
provided in such order. For such purpose, the issuing authority 18240
may issue bonds or renewal notes in such principal amount and upon 18241
such terms as may be necessary to provide funds to pay when 18242
required the principal of and interest on such notes, 18243
notwithstanding any limitations prescribed by or for purposes of 18244
this section. Subject to this division, all provisions for and 18245
references to obligations in this section are applicable to notes 18246
authorized under this division.18247

       The issuing authority in the bond proceedings authorizing the 18248
issuance of bond anticipation notes shall set forth for such bonds 18249
an estimated interest rate and a schedule of principal payments 18250
for such bonds and the annual maturity dates thereof.18251

       (N) Obligations issued under this section are lawful 18252
investments for banks, societies for savings, savings and loan 18253
associations, deposit guarantee associations, trust companies, 18254
trustees, fiduciaries, insurance companies, including domestic for 18255
life and domestic not for life, trustees or other officers having 18256
charge of sinking and bond retirement or other special funds of 18257
political subdivisions and taxing districts of this state, the 18258
commissioners of the sinking fund of the state, the administrator 18259
of workers' compensation, the state teachers retirement system, 18260
the public employees retirement system, the school employees 18261
retirement system, and the Ohio police and fire pension fund, 18262
notwithstanding any other provisions of the Revised Code or rules 18263
adopted pursuant thereto by any agency of the state with respect 18264
to investments by them, and are also acceptable as security for 18265
the deposit of public moneys.18266

       (O) Unless otherwise provided in any applicable bond 18267
proceedings, moneys to the credit of or in the special funds 18268
established by or pursuant to this section may be invested by or 18269
on behalf of the issuing authority only in notes, bonds, or other 18270
obligations of the United States, or of any agency or 18271
instrumentality of the United States, obligations guaranteed as to 18272
principal and interest by the United States, obligations of this 18273
state or any political subdivision of this state, and certificates 18274
of deposit of any national bank located in this state and any 18275
bank, as defined in section 1101.01 of the Revised Code, subject 18276
to inspection by the superintendent of financial institutions. If 18277
the law or the instrument creating a trust pursuant to division 18278
(J) of this section expressly permits investment in direct 18279
obligations of the United States or an agency of the United 18280
States, unless expressly prohibited by the instrument, such moneys 18281
also may be invested in no-front-end-load money market mutual 18282
funds consisting exclusively of obligations of the United States 18283
or an agency of the United States and in repurchase agreements, 18284
including those issued by the fiduciary itself, secured by 18285
obligations of the United States or an agency of the United 18286
States; and in collective investment funds as defined in division 18287
(A) of section 1111.01 of the Revised Code and consisting 18288
exclusively of any such securities. The income from such 18289
investments shall be credited to such funds as the issuing 18290
authority determines, and such investments may be sold at such 18291
times as the issuing authority determines or authorizes.18292

       (P) Provision may be made in the applicable bond proceedings 18293
for the establishment of separate accounts in the bond service 18294
fund and for the application of such accounts only to the 18295
specified bond service charges on obligations pertinent to such 18296
accounts and bond service fund and for other accounts therein 18297
within the general purposes of such fund. Unless otherwise 18298
provided in any applicable bond proceedings, moneys to the credit 18299
of or in the several special funds established pursuant to this 18300
section shall be disbursed on the order of the treasurer of state, 18301
provided that no such order is required for the payment from the 18302
bond service fund when due of bond service charges on obligations.18303

       (Q)(1) The issuing authority may pledge all, or such portion 18304
as the issuing authority determines, of the pledged receipts to 18305
the payment of bond service charges on obligations issued under 18306
this section, and for the establishment and maintenance of any 18307
reserves, as provided in the bond proceedings, and make other 18308
provisions therein with respect to pledged receipts as authorized 18309
by this chapter, which provisions are controlling notwithstanding 18310
any other provisions of law pertaining thereto.18311

       (2) An action taken under division (Q)(2) of this section 18312
does not limit the generality of division (Q)(1) of this section, 18313
and is subject to division (C) of this section and, if and to the 18314
extent otherwise applicable, Section 13 of Article VIII, Ohio 18315
Constitution. The bond proceedings may contain a covenant that, in 18316
the event the pledged receipts primarily pledged and required to 18317
be used for the payment of bond service charges on obligations 18318
issued under this section, and for the establishment and 18319
maintenance of any reserves, as provided in the bond proceedings, 18320
are insufficient to make any such payment in full when due, or to 18321
maintain any such reserve, the director of transportation shall so 18322
notify the governor, and shall determine to what extent, if any, 18323
the payment may be made or moneys may be restored to the reserves 18324
from lawfully available moneys previously appropriated for that 18325
purpose to the department of transportation. The covenant also may 18326
provide that if the payments are not made or the moneys are not 18327
immediately and fully restored to the reserves from such moneys, 18328
the director shall promptly submit to the governor and to the 18329
director of budget and management a written request for either or 18330
both of the following:18331

       (a) That the next biennial budget submitted by the governor 18332
to the general assembly include an amount to be appropriated from 18333
lawfully available moneys to the department for the purpose of and 18334
sufficient for the payment in full of bond service charges 18335
previously due and for the full replenishment of the reserves;18336

       (b) That the general assembly be requested to increase 18337
appropriations from lawfully available moneys for the department 18338
in the current biennium sufficient for the purpose of and for the 18339
payment in full of bond service charges previously due and to come 18340
due in the biennium and for the full replenishment of the 18341
reserves.18342

       The director of transportation shall include with such 18343
requests a recommendation that the payment of the bond service 18344
charges and the replenishment of the reserves be made in the 18345
interest of maximizing the benefits of the state infrastructure 18346
bank. Any such covenant shall not obligate or purport to obligate 18347
the state to pay the bond service charges on such bonds or notes 18348
or to deposit moneys in a reserve established for such payments 18349
other than from moneys that may be lawfully available and 18350
appropriated for that purpose during the then-current biennium.18351

       (R) There is hereby created the state infrastructure bank 18352
revenue bond service fund, which shall be in the custody of the 18353
treasurer of state but shall not be a part of the state treasury. 18354
All moneys received by or on account of the issuing authority or 18355
state agencies and required by the applicable bond proceedings, 18356
consistent with this section, to be deposited, transferred, or 18357
credited to the bond service fund, and all other moneys 18358
transferred or allocated to or received for the purposes of the 18359
fund, shall be deposited and credited to such fund and to any 18360
separate accounts therein, subject to applicable provisions of the 18361
bond proceedings, but without necessity for any act of 18362
appropriation. The state infrastructure bank revenue bond service 18363
fund is a trust fund and is hereby pledged to the payment of bond 18364
service charges to the extent provided in the applicable bond 18365
proceedings, and payment thereof from such fund shall be made or 18366
provided for by the treasurer of state in accordance with such 18367
bond proceedings without necessity for any act of appropriation.18368

       (S) The obligations issued pursuant to this section, the 18369
transfer thereof, and the income therefrom, including any profit 18370
made on the sale thereof, shall at all times be free from taxation 18371
within this state.18372

       Sec. 5533.051. In addition to the designations of the road 18373
known as United States route twenty-three in section 5533.05 of 18374
the Revised Code, the portion of that road running in a north and 18375
south direction, commencing at the boundary of Franklin and 18376
Delaware counties and extending to the municipal corporation of 18377
Delaware, and also the portion of that road located in Scioto 18378
county, from mile marker number three to mile marker number ten,18379
shall be known as the "Branch Rickey Memorial Highway."18380

       The director of transportation may erect suitable markers 18381
along each designated portion of the highway indicating its name.18382

       Sec. 5533.831.  That portion of state route fifty-two located 18383
in southern Scioto county between mile marker number seventeen and 18384
mile marker number nineteen shall be known as the "Boone Coleman 18385
Memorial Highway."18386

       The director of transportation may erect suitable markers 18387
along the highway indicating its name.18388

       Sec. 5709.17.  The following property shall be exempted from 18389
taxation:18390

       (A) Real estate held or occupied by an association or 18391
corporation, organized or incorporated under the laws of this 18392
state relative to soldiers' memorial associations, monumental 18393
building associations, or cemetery associations or corporations, 18394
which in the opinion of the trustees, directors, or managers 18395
thereof is necessary and proper to carry out the object intended 18396
for such association or corporation;18397

       (B) Real estate and tangible personal property held or 18398
occupied by a veterans' organization that qualifies for exemption 18399
from taxation under section 501(c)(19) or 501(c)(23) of the 18400
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as 18401
amended, and is incorporated under the laws of this state or the 18402
United States, except real estate held by such an organization for 18403
the production of rental income in excess of thirty-six thousand 18404
dollars in a tax year, before accounting for any cost or expense 18405
incurred in the production of such income. For the purposes of 18406
this division, rental income includes only income arising directly 18407
from renting the real estate to others for consideration.18408

       (C) Tangible personal property held by a corporation 18409
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in 18410
section 501(c)(3) of the Internal Revenue Code, and exempt from 18411
taxation under section 501(a) of the Internal Revenue Code shall 18412
be exempt from taxation if it is property obtained as described in 18413
112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407.18414

       (D) Real estate held or occupied by a fraternal organization 18415
and used primarily for meetings of and the administration of the 18416
fraternal organization, except real estate held by such an 18417
organization for the production of rental income in excess of 18418
thirty-six thousand dollars in a tax year, before accounting for 18419
any cost or expense incurred in the production of such income. As 18420
used in this division, "rental income" has the same meaning as in 18421
division (B) of this section, and "fraternal organization" means a 18422
domestic fraternal society, order, or association operating under 18423
the lodge, council, or grange system that qualifies for exemption 18424
from taxation under section 501(c)(5), 501(c)(8), or 501(c)(10) of 18425
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, 18426
as amended; that provides financial support for charitable 18427
purposes, as defined in division (B)(12) of section 5739.02 of the 18428
Revised Code; and that has been operating in this state with a 18429
state governing body for at least one hundredeighty-five years.18430

       Sec. 5709.40.  (A) As used in this section:18431

       (1) "Blighted area" and "impacted city" have the same 18432
meanings as in section 1728.01 of the Revised Code.18433

       (2) "Business day" means a day of the week excluding 18434
Saturday, Sunday, and a legal holiday as defined under section 18435
1.14 of the Revised Code.18436

       (3) "Housing renovation" means a project carried out for 18437
residential purposes.18438

       (4) "Improvement" means the increase in the assessed value of 18439
any real property that would first appear on the tax list and 18440
duplicate of real and public utility property after the effective 18441
date of an ordinance adopted under this section were it not for 18442
the exemption granted by that ordinance. 18443

       (5) "Incentive district" means an area not more than three 18444
hundred acres in size enclosed by a continuous boundary in which a 18445
project is being, or will be, undertaken and having one or more of 18446
the following distress characteristics:18447

       (a) At least fifty-one per cent of the residents of the 18448
district have incomes of less than eighty per cent of the median 18449
income of residents of the political subdivision in which the 18450
district is located, as determined in the same manner specified 18451
under section 119(b) of the "Housing and Community Development Act 18452
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;18453

       (b) The average rate of unemployment in the district during 18454
the most recent twelve-month period for which data are available 18455
is equal to at least one hundred fifty per cent of the average 18456
rate of unemployment for this state for the same period.18457

       (c) At least twenty per cent of the people residing in the 18458
district live at or below the poverty level as defined in the 18459
federal Housing and Community Development Act of 1974, 42 U.S.C. 18460
5301, as amended, and regulations adopted pursuant to that act.18461

       (d) The district is a blighted area.18462

       (e) The district is in a situational distress area as 18463
designated by the director of development services under division 18464
(F) of section 122.23 of the Revised Code.18465

       (f) As certified by the engineer for the political 18466
subdivision, the public infrastructure serving the district is 18467
inadequate to meet the development needs of the district as 18468
evidenced by a written economic development plan or urban renewal 18469
plan for the district that has been adopted by the legislative 18470
authority of the subdivision.18471

       (g) The district is comprised entirely of unimproved land 18472
that is located in a distressed area as defined in section 122.23 18473
of the Revised Code.18474

       (6) "Project" means development activities undertaken on one 18475
or more parcels, including, but not limited to, construction, 18476
expansion, and alteration of buildings or structures, demolition, 18477
remediation, and site development, and any building or structure 18478
that results from those activities.18479

       (7) "Public infrastructure improvement" includes, but is not 18480
limited to, public roads and highways; water and sewer lines; 18481
environmental remediation; land acquisition, including acquisition 18482
in aid of industry, commerce, distribution, or research; 18483
demolition, including demolition on private property when 18484
determined to be necessary for economic development purposes; 18485
stormwater and flood remediation projects, including such projects 18486
on private property when determined to be necessary for public 18487
health, safety, and welfare; the provision of gas, electric, and 18488
communications service facilities, including the provision of gas 18489
or electric service facilities owned by nongovernmental entities 18490
when such improvements are determined to be necessary for economic 18491
development purposes; and the enhancement of public waterways 18492
through improvements that allow for greater public access. 18493

       (B) The legislative authority of a municipal corporation, by 18494
ordinance, may declare improvements to certain parcels of real 18495
property located in the municipal corporation to be a public 18496
purpose. Improvements with respect to a parcel that is used or to 18497
be used for residential purposes may be declared a public purpose 18498
under this division only if the parcel is located in a blighted 18499
area of an impacted city. For this purpose, "parcel that is used 18500
or to be used for residential purposes" means a parcel that, as 18501
improved, is used or to be used for purposes that would cause the 18502
tax commissioner to classify the parcel as residential property in 18503
accordance with rules adopted by the commissioner under section 18504
5713.041 of the Revised Code. Except with the approval under 18505
division (D) of this section of the board of education of each 18506
city, local, or exempted village school district within which the 18507
improvements are located, not more than seventy-five per cent of 18508
an improvement thus declared to be a public purpose may be 18509
exempted from real property taxation for a period of not more than 18510
ten years. The ordinance shall specify the percentage of the 18511
improvement to be exempted from taxation and the life of the 18512
exemption.18513

       An ordinance adopted or amended under this division shall 18514
designate the specific public infrastructure improvements made, to 18515
be made, or in the process of being made by the municipal 18516
corporation that directly benefit, or that once made will directly 18517
benefit, the parcels for which improvements are declared to be a 18518
public purpose. The service payments provided for in section 18519
5709.42 of the Revised Code shall be used to finance the public 18520
infrastructure improvements designated in the ordinance, for the 18521
purpose described in division (D)(1) of this section or as 18522
provided in section 5709.43 of the Revised Code.18523

       (C)(1) The legislative authority of a municipal corporation 18524
may adopt an ordinance creating an incentive district and 18525
declaring improvements to parcels within the district to be a 18526
public purpose and, except as provided in division (F) of this 18527
section, exempt from taxation as provided in this section, but no 18528
legislative authority of a municipal corporation that has a 18529
population that exceeds twenty-five thousand, as shown by the most 18530
recent federal decennial census, shall adopt an ordinance that 18531
creates an incentive district if the sum of the taxable value of 18532
real property in the proposed district for the preceding tax year 18533
and the taxable value of all real property in the municipal 18534
corporation that would have been taxable in the preceding year 18535
were it not for the fact that the property was in an existing 18536
incentive district and therefore exempt from taxation exceeds 18537
twenty-five per cent of the taxable value of real property in the 18538
municipal corporation for the preceding tax year. The ordinance 18539
shall delineate the boundary of the district and specifically 18540
identify each parcel within the district. A district may not 18541
include any parcel that is or has been exempted from taxation 18542
under division (B) of this section or that is or has been within 18543
another district created under this division. An ordinance may 18544
create more than one such district, and more than one ordinance 18545
may be adopted under division (C)(1) of this section.18546

       (2) Not later than thirty days prior to adopting an ordinance 18547
under division (C)(1) of this section, if the municipal 18548
corporation intends to apply for exemptions from taxation under 18549
section 5709.911 of the Revised Code on behalf of owners of real 18550
property located within the proposed incentive district, the 18551
legislative authority of a municipal corporation shall conduct a 18552
public hearing on the proposed ordinance. Not later than thirty 18553
days prior to the public hearing, the legislative authority shall 18554
give notice of the public hearing and the proposed ordinance by 18555
first class mail to every real property owner whose property is 18556
located within the boundaries of the proposed incentive district 18557
that is the subject of the proposed ordinance.18558

       (3)(a) An ordinance adopted under division (C)(1) of this 18559
section shall specify the life of the incentive district and the 18560
percentage of the improvements to be exempted, shall designate the 18561
public infrastructure improvements made, to be made, or in the 18562
process of being made, that benefit or serve, or, once made, will 18563
benefit or serve parcels in the district. The ordinance also shall 18564
identify one or more specific projects being, or to be, undertaken 18565
in the district that place additional demand on the public 18566
infrastructure improvements designated in the ordinance. The 18567
project identified may, but need not be, the project under 18568
division (C)(3)(b) of this section that places real property in 18569
use for commercial or industrial purposes. Except as otherwise 18570
permitted under that division, the service payments provided for 18571
in section 5709.42 of the Revised Code shall be used to finance 18572
the designated public infrastructure improvements, for the purpose 18573
described in division (D)(1) or (E) of this section, or as 18574
provided in section 5709.43 of the Revised Code.18575

       An ordinance adopted under division (C)(1) of this section on 18576
or after March 30, 2006, shall not designate police or fire 18577
equipment as public infrastructure improvements, and no service 18578
payment provided for in section 5709.42 of the Revised Code and 18579
received by the municipal corporation under the ordinance shall be 18580
used for police or fire equipment.18581

       (b) An ordinance adopted under division (C)(1) of this 18582
section may authorize the use of service payments provided for in 18583
section 5709.42 of the Revised Code for the purpose of housing 18584
renovations within the incentive district, provided that the 18585
ordinance also designates public infrastructure improvements that 18586
benefit or serve the district, and that a project within the 18587
district places real property in use for commercial or industrial 18588
purposes. Service payments may be used to finance or support 18589
loans, deferred loans, and grants to persons for the purpose of 18590
housing renovations within the district. The ordinance shall 18591
designate the parcels within the district that are eligible for 18592
housing renovation. The ordinance shall state separately the 18593
amounts or the percentages of the expected aggregate service 18594
payments that are designated for each public infrastructure 18595
improvement and for the general purpose of housing renovations.18596

       (4) Except with the approval of the board of education of 18597
each city, local, or exempted village school district within the 18598
territory of which the incentive district is or will be located, 18599
and subject to division (E) of this section, the life of an 18600
incentive district shall not exceed ten years, and the percentage 18601
of improvements to be exempted shall not exceed seventy-five per 18602
cent. With approval of the board of education, the life of a 18603
district may be not more than thirty years, and the percentage of 18604
improvements to be exempted may be not more than one hundred per 18605
cent. The approval of a board of education shall be obtained in 18606
the manner provided in division (D) of this section.18607

       (D)(1) If the ordinance declaring improvements to a parcel to 18608
be a public purpose or creating an incentive district specifies 18609
that payments in lieu of taxes provided for in section 5709.42 of 18610
the Revised Code shall be paid to the city, local, or exempted 18611
village, and joint vocational school district in which the parcel 18612
or incentive district is located in the amount of the taxes that 18613
would have been payable to the school district if the improvements 18614
had not been exempted from taxation, the percentage of the 18615
improvement that may be exempted from taxation may exceed 18616
seventy-five per cent, and the exemption may be granted for up to 18617
thirty years, without the approval of the board of education as 18618
otherwise required under division (D)(2) of this section.18619

       (2) Improvements with respect to a parcel may be exempted 18620
from taxation under division (B) of this section, and improvements 18621
to parcels within an incentive district may be exempted from 18622
taxation under division (C) of this section, for up to ten years 18623
or, with the approval under this paragraph of the board of 18624
education of the city, local, or exempted village school district 18625
within which the parcel or district is located, for up to thirty 18626
years. The percentage of the improvement exempted from taxation 18627
may, with such approval, exceed seventy-five per cent, but shall 18628
not exceed one hundred per cent. Not later than forty-five 18629
business days prior to adopting an ordinance under this section 18630
declaring improvements to be a public purpose that is subject to 18631
approval by a board of education under this division, the 18632
legislative authority shall deliver to the board of education a 18633
notice stating its intent to adopt an ordinance making that 18634
declaration. The notice regarding improvements with respect to a 18635
parcel under division (B) of this section shall identify the 18636
parcels for which improvements are to be exempted from taxation, 18637
provide an estimate of the true value in money of the 18638
improvements, specify the period for which the improvements would 18639
be exempted from taxation and the percentage of the improvement 18640
that would be exempted, and indicate the date on which the 18641
legislative authority intends to adopt the ordinance. The notice 18642
regarding improvements to parcels within an incentive district 18643
under division (C) of this section shall delineate the boundaries 18644
of the district, specifically identify each parcel within the 18645
district, identify each anticipated improvement in the district, 18646
provide an estimate of the true value in money of each such 18647
improvement, specify the life of the district and the percentage 18648
of improvements that would be exempted, and indicate the date on 18649
which the legislative authority intends to adopt the ordinance. 18650
The board of education, by resolution adopted by a majority of the 18651
board, may approve the exemption for the period or for the 18652
exemption percentage specified in the notice; may disapprove the 18653
exemption for the number of years in excess of ten, may disapprove 18654
the exemption for the percentage of the improvement to be exempted 18655
in excess of seventy-five per cent, or both; or may approve the 18656
exemption on the condition that the legislative authority and the 18657
board negotiate an agreement providing for compensation to the 18658
school district equal in value to a percentage of the amount of 18659
taxes exempted in the eleventh and subsequent years of the 18660
exemption period or, in the case of exemption percentages in 18661
excess of seventy-five per cent, compensation equal in value to a 18662
percentage of the taxes that would be payable on the portion of 18663
the improvement in excess of seventy-five per cent were that 18664
portion to be subject to taxation, or other mutually agreeable 18665
compensation. If an agreement is negotiated between the 18666
legislative authority and the board to compensate the school 18667
district for all or part of the taxes exempted, including 18668
agreements for payments in lieu of taxes under section 5709.42 of 18669
the Revised Code, the legislative authority shall compensate the 18670
joint vocational school district within which the parcel or 18671
district is located at the same rate and under the same terms 18672
received by the city, local, or exempted village school district.18673

       (3) The board of education shall certify its resolution to 18674
the legislative authority not later than fourteen days prior to 18675
the date the legislative authority intends to adopt the ordinance 18676
as indicated in the notice. If the board of education and the 18677
legislative authority negotiate a mutually acceptable compensation 18678
agreement, the ordinance may declare the improvements a public 18679
purpose for the number of years specified in the ordinance or, in 18680
the case of exemption percentages in excess of seventy-five per 18681
cent, for the exemption percentage specified in the ordinance. In 18682
either case, if the board and the legislative authority fail to 18683
negotiate a mutually acceptable compensation agreement, the 18684
ordinance may declare the improvements a public purpose for not 18685
more than ten years, and shall not exempt more than seventy-five 18686
per cent of the improvements from taxation. If the board fails to 18687
certify a resolution to the legislative authority within the time 18688
prescribed by this division, the legislative authority thereupon 18689
may adopt the ordinance and may declare the improvements a public 18690
purpose for up to thirty years, or, in the case of exemption 18691
percentages proposed in excess of seventy-five per cent, for the 18692
exemption percentage specified in the ordinance. The legislative 18693
authority may adopt the ordinance at any time after the board of 18694
education certifies its resolution approving the exemption to the 18695
legislative authority, or, if the board approves the exemption on 18696
the condition that a mutually acceptable compensation agreement be 18697
negotiated, at any time after the compensation agreement is agreed 18698
to by the board and the legislative authority.18699

       (4) If a board of education has adopted a resolution waiving 18700
its right to approve exemptions from taxation under this section 18701
and the resolution remains in effect, approval of exemptions by 18702
the board is not required under division (D) of this section. If a 18703
board of education has adopted a resolution allowing a legislative 18704
authority to deliver the notice required under division (D) of 18705
this section fewer than forty-five business days prior to the 18706
legislative authority's adoption of the ordinance, the legislative 18707
authority shall deliver the notice to the board not later than the 18708
number of days prior to such adoption as prescribed by the board 18709
in its resolution. If a board of education adopts a resolution 18710
waiving its right to approve agreements or shortening the 18711
notification period, the board shall certify a copy of the 18712
resolution to the legislative authority. If the board of education 18713
rescinds such a resolution, it shall certify notice of the 18714
rescission to the legislative authority.18715

       (5) If the legislative authority is not required by division 18716
(D) of this section to notify the board of education of the 18717
legislative authority's intent to declare improvements to be a 18718
public purpose, the legislative authority shall comply with the 18719
notice requirements imposed under section 5709.83 of the Revised 18720
Code, unless the board has adopted a resolution under that section 18721
waiving its right to receive such a notice.18722

       (E)(1) If a proposed ordinance under division (C)(1) of this 18723
section exempts improvements with respect to a parcel within an 18724
incentive district for more than ten years, or the percentage of 18725
the improvement exempted from taxation exceeds seventy-five per 18726
cent, not later than forty-five business days prior to adopting 18727
the ordinance the legislative authority of the municipal 18728
corporation shall deliver to the board of county commissioners of 18729
the county within which the incentive district will be located a 18730
notice that states its intent to adopt an ordinance creating an 18731
incentive district. The notice shall include a copy of the 18732
proposed ordinance, identify the parcels for which improvements 18733
are to be exempted from taxation, provide an estimate of the true 18734
value in money of the improvements, specify the period of time for 18735
which the improvements would be exempted from taxation, specify 18736
the percentage of the improvements that would be exempted from 18737
taxation, and indicate the date on which the legislative authority 18738
intends to adopt the ordinance.18739

       (2) The board of county commissioners, by resolution adopted 18740
by a majority of the board, may object to the exemption for the 18741
number of years in excess of ten, may object to the exemption for 18742
the percentage of the improvement to be exempted in excess of 18743
seventy-five per cent, or both. If the board of county 18744
commissioners objects, the board may negotiate a mutually 18745
acceptable compensation agreement with the legislative authority. 18746
In no case shall the compensation provided to the board exceed the 18747
property taxes forgone due to the exemption. If the board of 18748
county commissioners objects, and the board and legislative 18749
authority fail to negotiate a mutually acceptable compensation 18750
agreement, the ordinance adopted under division (C)(1) of this 18751
section shall provide to the board compensation in the eleventh 18752
and subsequent years of the exemption period equal in value to not 18753
more than fifty per cent of the taxes that would be payable to the 18754
county or, if the board's objection includes an objection to an 18755
exemption percentage in excess of seventy-five per cent, 18756
compensation equal in value to not more than fifty per cent of the 18757
taxes that would be payable to the county, on the portion of the 18758
improvement in excess of seventy-five per cent, were that portion 18759
to be subject to taxation. The board of county commissioners shall 18760
certify its resolution to the legislative authority not later than 18761
thirty days after receipt of the notice.18762

       (3) If the board of county commissioners does not object or 18763
fails to certify its resolution objecting to an exemption within 18764
thirty days after receipt of the notice, the legislative authority 18765
may adopt the ordinance, and no compensation shall be provided to 18766
the board of county commissioners. If the board timely certifies 18767
its resolution objecting to the ordinance, the legislative 18768
authority may adopt the ordinance at any time after a mutually 18769
acceptable compensation agreement is agreed to by the board and 18770
the legislative authority, or, if no compensation agreement is 18771
negotiated, at any time after the legislative authority agrees in 18772
the proposed ordinance to provide compensation to the board of 18773
fifty per cent of the taxes that would be payable to the county in 18774
the eleventh and subsequent years of the exemption period or on 18775
the portion of the improvement in excess of seventy-five per cent, 18776
were that portion to be subject to taxation.18777

       (F) Service payments in lieu of taxes that are attributable 18778
to any amount by which the effective tax rate of either a renewal 18779
levy with an increase or a replacement levy exceeds the effective 18780
tax rate of the levy renewed or replaced, or that are attributable 18781
to an additional levy, for a levy authorized by the voters for any 18782
of the following purposes on or after January 1, 2006, and which 18783
are provided pursuant to an ordinance creating an incentive 18784
district under division (C)(1) of this section that is adopted on 18785
or after January 1, 2006, shall be distributed to the appropriate 18786
taxing authority as required under division (C) of section 5709.42 18787
of the Revised Code in an amount equal to the amount of taxes from 18788
that additional levy or from the increase in the effective tax 18789
rate of such renewal or replacement levy that would have been 18790
payable to that taxing authority from the following levies were it 18791
not for the exemption authorized under division (C) of this 18792
section:18793

       (1) A tax levied under division (L) of section 5705.19 or 18794
section 5705.191 of the Revised Code for community mental 18795
retardation and developmental disabilities programs and services 18796
pursuant to Chapter 5126. of the Revised Code;18797

       (2) A tax levied under division (Y) of section 5705.19 of the 18798
Revised Code for providing or maintaining senior citizens services 18799
or facilities;18800

       (3) A tax levied under section 5705.22 of the Revised Code 18801
for county hospitals;18802

       (4) A tax levied by a joint-county district or by a county 18803
under section 5705.19, 5705.191, or 5705.221 of the Revised Code 18804
for alcohol, drug addiction, and mental health services or 18805
facilities;18806

       (5) A tax levied under section 5705.23 of the Revised Code 18807
for library purposes;18808

       (6) A tax levied under section 5705.24 of the Revised Code 18809
for the support of children services and the placement and care of 18810
children;18811

       (7) A tax levied under division (Z) of section 5705.19 of the 18812
Revised Code for the provision and maintenance of zoological park 18813
services and facilities under section 307.76 of the Revised Code;18814

        (8) A tax levied under section 511.27 or division (H) of 18815
section 5705.19 of the Revised Code for the support of township 18816
park districts;18817

        (9) A tax levied under division (A), (F), or (H) of section 18818
5705.19 of the Revised Code for parks and recreational purposes of 18819
a joint recreation district organized pursuant to division (B) of 18820
section 755.14 of the Revised Code;18821

        (10) A tax levied under section 1545.20 or 1545.21 of the 18822
Revised Code for park district purposes;18823

        (11) A tax levied under section 5705.191 of the Revised Code 18824
for the purpose of making appropriations for public assistance; 18825
human or social services; public relief; public welfare; public 18826
health and hospitalization; and support of general hospitals;18827

        (12) A tax levied under section 3709.29 of the Revised Code 18828
for a general health district program.18829

        (G) An exemption from taxation granted under this section 18830
commences with the tax year specified in the ordinance so long as 18831
the year specified in the ordinance commences after the effective 18832
date of the ordinance. If the ordinance specifies a year 18833
commencing before the effective date of the resolution or 18834
specifies no year whatsoever, the exemption commences with the tax 18835
year in which an exempted improvement first appears on the tax 18836
list and duplicate of real and public utility property and that 18837
commences after the effective date of the ordinance. In lieu of 18838
stating a specific year, the ordinance may provide that the 18839
exemption commences in the tax year in which the value of an 18840
improvement exceeds a specified amount or in which the 18841
construction of one or more improvements is completed, provided 18842
that such tax year commences after the effective date of the 18843
ordinance. With respect to the exemption of improvements to 18844
parcels under division (B) of this section, the ordinance may 18845
allow for the exemption to commence in different tax years on a 18846
parcel-by-parcel basis, with a separate exemption term specified 18847
for each parcel.18848

       Except as otherwise provided in this division, the exemption 18849
ends on the date specified in the ordinance as the date the 18850
improvement ceases to be a public purpose or the incentive 18851
district expires, or ends on the date on which the public 18852
infrastructure improvements and housing renovations are paid in 18853
full from the municipal public improvement tax increment 18854
equivalent fund established under division (A) of section 5709.43 18855
of the Revised Code, whichever occurs first. The exemption of an 18856
improvement with respect to a parcel or within an incentive 18857
district may end on a later date, as specified in the ordinance, 18858
if the legislative authority and the board of education of the 18859
city, local, or exempted village school district within which the 18860
parcel or district is located have entered into a compensation 18861
agreement under section 5709.82 of the Revised Code with respect 18862
to the improvement, and the board of education has approved the 18863
term of the exemption under division (D)(2) of this section, but 18864
in no case shall the improvement be exempted from taxation for 18865
more than thirty years. Exemptions shall be claimed and allowed in 18866
the same manner as in the case of other real property exemptions. 18867
If an exemption status changes during a year, the procedure for 18868
the apportionment of the taxes for that year is the same as in the 18869
case of other changes in tax exemption status during the year.18870

       (H) Additional municipal financing of public infrastructure 18871
improvements and housing renovations may be provided by any 18872
methods that the municipal corporation may otherwise use for 18873
financing such improvements or renovations. If the municipal 18874
corporation issues bonds or notes to finance the public 18875
infrastructure improvements and housing renovations and pledges 18876
money from the municipal public improvement tax increment 18877
equivalent fund to pay the interest on and principal of the bonds 18878
or notes, the bonds or notes are not subject to Chapter 133. of 18879
the Revised Code.18880

       (I) The municipal corporation, not later than fifteen days 18881
after the adoption of an ordinance under this section, shall 18882
submit to the director of development services a copy of the 18883
ordinance. On or before the thirty-first day of March of each 18884
year, the municipal corporation shall submit a status report to 18885
the director of development services. The report shall indicate, 18886
in the manner prescribed by the director, the progress of the 18887
project during each year that an exemption remains in effect, 18888
including a summary of the receipts from service payments in lieu 18889
of taxes; expenditures of money from the funds created under 18890
section 5709.43 of the Revised Code; a description of the public 18891
infrastructure improvements and housing renovations financed with 18892
such expenditures; and a quantitative summary of changes in 18893
employment and private investment resulting from each project.18894

       (J) Nothing in this section shall be construed to prohibit a 18895
legislative authority from declaring to be a public purpose 18896
improvements with respect to more than one parcel.18897

       (K) If a parcel is located in a new community district in 18898
which the new community authority imposes a community development 18899
charge on the basis of rentals received from leases of real 18900
property as described in division (L)(2) of section 349.01 of the 18901
Revised Code, the parcel may not be exempted from taxation under 18902
this section.18903

       Sec. 5713.012.  (A) For purposes of this section:18904

        (1) "Mass appraisal project" means any sexennial reappraisal, 18905
triennial update, or other revaluation of all real property or the 18906
valuation of newly constructed real property in accordance with 18907
section 5713.01 of the Revised Code. 18908

       (2) "Qualified project manager" means a person who plans, 18909
manages, coordinates, and controls the execution of a mass 18910
appraisal project under the direction of the county auditor and 18911
who has all of the following qualifications:18912

       (a) Has passed a comprehensive final examination that 18913
corresponds to a course, approved by the superintendent of real 18914
estate and professional licensing, that consists of at least 18915
thirty hours of instruction, quizzes, and learning aids. The 18916
superintendent shall not approve a course under this division that 18917
does not address the following topics in both the instruction and 18918
the examination:18919

        (i) Concepts and principles of mass appraisal as they relate 18920
to the assessment of real property for the purposes of ad valorem 18921
taxation;18922

       (ii) Methods of data collection and data management relative 18923
to parcels of real property, including modern alternative data 18924
collection methods and currently utilized computer-assisted mass 18925
appraisal systems;18926

       (iii) Assessment sales-ratio study including various measures 18927
of central tendency, the various measures of dispersion of data 18928
about the mean, median, and dollar-weighted mean, and the 18929
advantages and disadvantages of various analysis techniques;18930

       (iv) Traditional approaches of property valuation, including 18931
the cost approach, the sales comparison approach, and the income 18932
approach, as they are implemented in a mass appraisal project;18933

       (v) Methods and systems for model building and model 18934
calibration as related to mass appraisal of real property;18935

       (vi) Methods of production management and project analysis 18936
such as Gantt charts, program evaluation and review technique 18937
(PERT) charts, frequency distribution charts, line graphs, bar 18938
charts, and scatter diagrams, as they are utilized in the mass 18939
appraisal area.18940

       (b) Has completed at least seven hours of continuing 18941
education courses in mass appraisal during the two-year period 18942
immediately succeeding the year in which the person passed the 18943
examination required in division (A)(2)(a) of this section, and 18944
during each two-year period thereafter.18945

        (B)(1) The county auditor, in acting as the assessor of all 18946
real property in the auditor's county for taxation purposes in 18947
accordance with section 5713.01 of the Revised Code, shall involve 18948
at least one qualified project manager in each mass assessment18949
appraisal project that originates more than two years after the 18950
effective date of the enactment of this section by H.B. 487 of the 18951
129th general assembly, September 10, 2012.18952

       (2) The tax commissioner, beginning two years after the 18953
effective date of the enactment of this section by H.B. 487 of the 18954
129th general assembly, September 10, 2012, shall not approve any 18955
contract entered into by the auditor under division (E) of section 18956
5713.01 of the Revised Code, with a person to do all or any part 18957
of the work necessary to the performance of the auditor's duties 18958
as assessor unless that person designates an officer or employee 18959
of that person, with the appropriate credentials, to act as a 18960
qualified project manager. 18961

       (3) The tax commissioner, beginning two years after the 18962
effective date of the enactment of this section by H.B. 487 of the 18963
129th general assembly, September 10, 2012, shall not include any 18964
person that has not designated an officer or employee, with the 18965
appropriate credentials, to act as a qualified project manager on 18966
a list generated by the commissioner for either of the following 18967
purposes:18968

       (a) To assist county auditors in selecting a person to do all 18969
or any part of the work necessary to the performance of the 18970
auditor's duties as assessor of all real property under section 18971
5713.01 of the Revised Code;18972

       (b) To assist the commissioner in the consideration of 18973
whether to approve or disapprove the auditor's application 18974
requesting authority to employ an appraisal firm or individual 18975
appraiser.18976

       (C) The superintendent of real estate and professional 18977
licensing shall adopt reasonable rules in accordance with Chapter 18978
119. of the Revised Code necessary for the implementation of this 18979
section, including rules establishing all of the following:18980

        (1) The form and manner by which persons may apply to the 18981
superintendent to offer a thirty-hour course or continuing 18982
education course as described in division (A)(2) of this section; 18983

       (2) Standards to be used by the superintendent in approving a 18984
thirty-hour course or continuing education course described in 18985
division (A)(2) of this section; 18986

       (3) Standards to be used in determining whether a person has 18987
successfully completed the examination and continuing education 18988
requirements described in division (A)(2) of this section;18989

        (4) The method and deadlines for transmitting to the tax 18990
commissioner all information necessary for the commissioner to 18991
determine a person's eligibility for inclusion on the 18992
commissioner's list of qualified project managers. 18993

       Sec. 5739.09.  (A)(1) A board of county commissioners may, by 18994
resolution adopted by a majority of the members of the board, levy 18995
an excise tax not to exceed three per cent on transactions by 18996
which lodging by a hotel is or is to be furnished to transient 18997
guests. The board shall establish all regulations necessary to 18998
provide for the administration and allocation of the tax. The 18999
regulations may prescribe the time for payment of the tax, and may 19000
provide for the imposition of a penalty or interest, or both, for 19001
late payments, provided that the penalty does not exceed ten per 19002
cent of the amount of tax due, and the rate at which interest 19003
accrues does not exceed the rate per annum prescribed pursuant to 19004
section 5703.47 of the Revised Code. Except as provided in 19005
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the 19006
regulations shall provide, after deducting the real and actual 19007
costs of administering the tax, for the return to each municipal 19008
corporation or township that does not levy an excise tax on the 19009
transactions, a uniform percentage of the tax collected in the 19010
municipal corporation or in the unincorporated portion of the 19011
township from each transaction, not to exceed thirty-three and 19012
one-third per cent. The remainder of the revenue arising from the 19013
tax shall be deposited in a separate fund and shall be spent 19014
solely to make contributions to the convention and visitors' 19015
bureau operating within the county, including a pledge and 19016
contribution of any portion of the remainder pursuant to an 19017
agreement authorized by section 307.678 or 307.695 of the Revised 19018
Code, provided that if the board of county commissioners of an 19019
eligible county as defined in section 307.678 or 307.695 of the 19020
Revised Code adopts a resolution amending a resolution levying a 19021
tax under this division to provide that all or a portion of the 19022
revenue from the tax shall be used by the board as described in 19023
either division (D) of section 307.678 or division (H) of section 19024
307.695 of the Revised Code, the remainder of the revenue shall be 19025
used as described in the resolution making that amendment. Except 19026
as provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) 19027
of this section, on and after May 10, 1994, a board of county 19028
commissioners may not levy an excise tax pursuant to this division 19029
in any municipal corporation or township located wholly or partly 19030
within the county that has in effect an ordinance or resolution 19031
levying an excise tax pursuant to division (B) of this section. 19032
The board of a county that has levied a tax under division (C) of 19033
this section may, by resolution adopted within ninety days after 19034
July 15, 1985, by a majority of the members of the board, amend 19035
the resolution levying a tax under this division to provide for a 19036
portion of that tax to be pledged and contributed in accordance 19037
with an agreement entered into under section 307.695 of the 19038
Revised Code. A tax, any revenue from which is pledged pursuant to 19039
such an agreement, shall remain in effect at the rate at which it 19040
is imposed for the duration of the period for which the revenue 19041
from the tax has been so pledged.19042

       The board of county commissioners of an eligible county as 19043
defined in section 307.695 of the Revised Code may, by resolution 19044
adopted by a majority of the members of the board, amend a 19045
resolution levying a tax under this division to provide that the 19046
revenue from the tax shall be used by the board as described in 19047
division (H) of section 307.695 of the Revised Code, in which case 19048
the tax shall remain in effect at the rate at which it was imposed 19049
for the duration of any agreement entered into by the board under 19050
section 307.695 of the Revised Code, the duration during which any 19051
securities issued by the board under that section are outstanding, 19052
or the duration of the period during which the board owns a 19053
project as defined in section 307.695 of the Revised Code, 19054
whichever duration is longest.19055

       The board of county commissioners of an eligible county as 19056
defined in section 307.678 of the Revised Code may, by resolution, 19057
amend a resolution levying a tax under this division to provide 19058
that revenue from the tax may be used for the purposes described 19059
in division (D) of section 307.678 of the Revised Code.19060

       (2) A board of county commissioners that levies an excise tax 19061
under division (A)(1) of this section on June 30, 1997, at a rate 19062
of three per cent, and that has pledged revenue from the tax to an 19063
agreement entered into under section 307.695 of the Revised Code 19064
or, in the case of the board of county commissioners of an 19065
eligible county as defined in section 307.695 of the Revised Code, 19066
has amended a resolution levying a tax under division (C) of this 19067
section to provide that proceeds from the tax shall be used by the 19068
board as described in division (H) of section 307.695 of the 19069
Revised Code, may, at any time by a resolution adopted by a 19070
majority of the members of the board, amend the resolution levying 19071
a tax under division (A)(1) of this section to provide for an 19072
increase in the rate of that tax up to seven per cent on each 19073
transaction; to provide that revenue from the increase in the rate 19074
shall be used as described in division (H) of section 307.695 of 19075
the Revised Code or be spent solely to make contributions to the 19076
convention and visitors' bureau operating within the county to be 19077
used specifically for promotion, advertising, and marketing of the 19078
region in which the county is located; and to provide that the 19079
rate in excess of the three per cent levied under division (A)(1) 19080
of this section shall remain in effect at the rate at which it is 19081
imposed for the duration of the period during which any agreement 19082
is in effect that was entered into under section 307.695 of the 19083
Revised Code by the board of county commissioners levying a tax 19084
under division (A)(1) of this section, the duration of the period 19085
during which any securities issued by the board under division (I) 19086
of section 307.695 of the Revised Code are outstanding, or the 19087
duration of the period during which the board owns a project as 19088
defined in section 307.695 of the Revised Code, whichever duration 19089
is longest. The amendment also shall provide that no portion of 19090
that revenue need be returned to townships or municipal 19091
corporations as would otherwise be required under division (A)(1) 19092
of this section.19093

       (3) A board of county commissioners that levies a tax under 19094
division (A)(1) of this section on March 18, 1999, at a rate of 19095
three per cent may, by resolution adopted not later than 19096
forty-five days after March 18, 1999, amend the resolution levying 19097
the tax to provide for all of the following:19098

       (a) That the rate of the tax shall be increased by not more 19099
than an additional four per cent on each transaction;19100

       (b) That all of the revenue from the increase in the rate 19101
shall be pledged and contributed to a convention facilities 19102
authority established by the board of county commissioners under 19103
Chapter 351. of the Revised Code on or before November 15, 1998, 19104
and used to pay costs of constructing, maintaining, operating, and 19105
promoting a facility in the county, including paying bonds, or 19106
notes issued in anticipation of bonds, as provided by that 19107
chapter;19108

       (c) That no portion of the revenue arising from the increase 19109
in rate need be returned to municipal corporations or townships as 19110
otherwise required under division (A)(1) of this section;19111

       (d) That the increase in rate shall not be subject to 19112
diminution by initiative or referendum or by law while any bonds, 19113
or notes in anticipation of bonds, issued by the authority under 19114
Chapter 351. of the Revised Code to which the revenue is pledged, 19115
remain outstanding in accordance with their terms, unless 19116
provision is made by law or by the board of county commissioners 19117
for an adequate substitute therefor that is satisfactory to the 19118
trustee if a trust agreement secures the bonds.19119

       Division (A)(3) of this section does not apply to the board 19120
of county commissioners of any county in which a convention center 19121
or facility exists or is being constructed on November 15, 1998, 19122
or of any county in which a convention facilities authority levies 19123
a tax pursuant to section 351.021 of the Revised Code on that 19124
date.19125

       As used in division (A)(3) of this section, "cost" and 19126
"facility" have the same meanings as in section 351.01 of the 19127
Revised Code, and "convention center" has the same meaning as in 19128
section 307.695 of the Revised Code.19129

       (4)(a) A board of county commissioners that levies a tax 19130
under division (A)(1) of this section on June 30, 2002, at a rate 19131
of three per cent may, by resolution adopted not later than 19132
September 30, 2002, amend the resolution levying the tax to 19133
provide for all of the following:19134

       (i) That the rate of the tax shall be increased by not more 19135
than an additional three and one-half per cent on each 19136
transaction;19137

       (ii) That all of the revenue from the increase in rate shall 19138
be pledged and contributed to a convention facilities authority 19139
established by the board of county commissioners under Chapter 19140
351. of the Revised Code on or before May 15, 2002, and be used to 19141
pay costs of constructing, expanding, maintaining, operating, or 19142
promoting a convention center in the county, including paying 19143
bonds, or notes issued in anticipation of bonds, as provided by 19144
that chapter;19145

       (iii) That no portion of the revenue arising from the 19146
increase in rate need be returned to municipal corporations or 19147
townships as otherwise required under division (A)(1) of this 19148
section;19149

       (iv) That the increase in rate shall not be subject to 19150
diminution by initiative or referendum or by law while any bonds, 19151
or notes in anticipation of bonds, issued by the authority under 19152
Chapter 351. of the Revised Code to which the revenue is pledged, 19153
remain outstanding in accordance with their terms, unless 19154
provision is made by law or by the board of county commissioners 19155
for an adequate substitute therefor that is satisfactory to the 19156
trustee if a trust agreement secures the bonds.19157

       (b) Any board of county commissioners that, pursuant to 19158
division (A)(4)(a) of this section, has amended a resolution 19159
levying the tax authorized by division (A)(1) of this section may 19160
further amend the resolution to provide that the revenue referred 19161
to in division (A)(4)(a)(ii) of this section shall be pledged and 19162
contributed both to a convention facilities authority to pay the 19163
costs of constructing, expanding, maintaining, or operating one or 19164
more convention centers in the county, including paying bonds, or 19165
notes issued in anticipation of bonds, as provided in Chapter 351. 19166
of the Revised Code, and to a convention and visitors' bureau to 19167
pay the costs of promoting one or more convention centers in the 19168
county.19169

       As used in division (A)(4) of this section, "cost" has the 19170
same meaning as in section 351.01 of the Revised Code, and 19171
"convention center" has the same meaning as in section 307.695 of 19172
the Revised Code.19173

       (5)(a) As used in division (A)(5) of this section:19174

        (i) "Port authority" means a port authority created under 19175
Chapter 4582. of the Revised Code.19176

        (ii) "Port authority military-use facility" means port 19177
authority facilities on which or adjacent to which is located an 19178
installation of the armed forces of the United States, a reserve 19179
component thereof, or the national guard and at least part of 19180
which is made available for use, for consideration, by the armed 19181
forces of the United States, a reserve component thereof, or the 19182
national guard.19183

        (b) For the purpose of contributing revenue to pay operating 19184
expenses of a port authority that operates a port authority 19185
military-use facility, the board of county commissioners of a 19186
county that created, participated in the creation of, or has 19187
joined such a port authority may do one or both of the following:19188

        (i) Amend a resolution previously adopted under division 19189
(A)(1) of this section to designate some or all of the revenue 19190
from the tax levied under the resolution to be used for that 19191
purpose, notwithstanding that division;19192

       (ii) Amend a resolution previously adopted under division 19193
(A)(1) of this section to increase the rate of the tax by not more 19194
than an additional two per cent and use the revenue from the 19195
increase exclusively for that purpose.19196

        (c) If a board of county commissioners amends a resolution to 19197
increase the rate of a tax as authorized in division (A)(5)(b)(ii) 19198
of this section, the board also may amend the resolution to 19199
specify that the increase in rate of the tax does not apply to 19200
"hotels," as otherwise defined in section 5739.01 of the Revised 19201
Code, having fewer rooms used for the accommodation of guests than 19202
a number of rooms specified by the board.19203

       (6) A board of county commissioners of a county organized 19204
under a county charter adopted pursuant to Article X, Section 3, 19205
Ohio Constitution, and that levies an excise tax under division 19206
(A)(1) of this section at a rate of three per cent and levies an 19207
additional excise tax under division (E) of this section at a rate 19208
of one and one-half per cent may, by resolution adopted not later 19209
than January 1, 2008, by a majority of the members of the board, 19210
amend the resolution levying a tax under division (A)(1) of this 19211
section to provide for an increase in the rate of that tax by not 19212
more than an additional one per cent on transactions by which 19213
lodging by a hotel is or is to be furnished to transient guests. 19214
Notwithstanding divisions (A)(1) and (E) of this section, the 19215
resolution shall provide that all of the revenue from the increase 19216
in rate, after deducting the real and actual costs of 19217
administering the tax, shall be used to pay the costs of 19218
improving, expanding, equipping, financing, or operating a 19219
convention center by a convention and visitors' bureau in the 19220
county. The increase in rate shall remain in effect for the period 19221
specified in the resolution, not to exceed ten years. The increase 19222
in rate shall be subject to the regulations adopted under division 19223
(A)(1) of this section, except that the resolution may provide 19224
that no portion of the revenue from the increase in the rate shall 19225
be returned to townships or municipal corporations as would 19226
otherwise be required under that division.19227

       (7) Division (A)(7) of this section applies only to a county 19228
with a population greater than sixty-five thousand and less than 19229
seventy thousand according to the most recent federal decennial 19230
census and in which, on December 31, 2006, an excise tax is levied 19231
under division (A)(1) of this section at a rate not less than and 19232
not greater than three per cent, and in which the most recent 19233
increase in the rate of that tax was enacted or took effect in 19234
November 1984.19235

       The board of county commissioners of a county to which this 19236
division applies, by resolution adopted by a majority of the 19237
members of the board, may increase the rate of the tax by not more 19238
than one per cent on transactions by which lodging by a hotel is 19239
or is to be furnished to transient guests. The increase in rate 19240
shall be for the purpose of paying expenses deemed necessary by 19241
the convention and visitors' bureau operating in the county to 19242
promote travel and tourism. The increase in rate shall remain in 19243
effect for the period specified in the resolution, not to exceed 19244
twenty years, provided that the increase in rate may not continue 19245
beyond the time when the purpose for which the increase is levied 19246
ceases to exist. If revenue from the increase in rate is pledged 19247
to the payment of debt charges on securities, the increase in rate 19248
is not subject to diminution by initiative or referendum or by law 19249
for so long as the securities are outstanding, unless provision is 19250
made by law or by the board of county commissioners for an 19251
adequate substitute for that revenue that is satisfactory to the 19252
trustee if a trust agreement secures payment of the debt charges. 19253
The increase in rate shall be subject to the regulations adopted 19254
under division (A)(1) of this section, except that the resolution 19255
may provide that no portion of the revenue from the increase in 19256
the rate shall be returned to townships or municipal corporations 19257
as would otherwise be required under division (A)(1) of this 19258
section. A resolution adopted under division (A)(7) of this 19259
section is subject to referendum under sections 305.31 to 305.99 19260
of the Revised Code.19261

       (B)(1) The legislative authority of a municipal corporation 19262
or the board of trustees of a township that is not wholly or 19263
partly located in a county that has in effect a resolution levying 19264
an excise tax pursuant to division (A)(1) of this section may, by 19265
ordinance or resolution, levy an excise tax not to exceed three 19266
per cent on transactions by which lodging by a hotel is or is to 19267
be furnished to transient guests. The legislative authority of the 19268
municipal corporation or the board of trustees of the township 19269
shall deposit at least fifty per cent of the revenue from the tax 19270
levied pursuant to this division into a separate fund, which shall 19271
be spent solely to make contributions to convention and visitors' 19272
bureaus operating within the county in which the municipal 19273
corporation or township is wholly or partly located, and the 19274
balance of that revenue shall be deposited in the general fund. 19275
The municipal corporation or township shall establish all 19276
regulations necessary to provide for the administration and 19277
allocation of the tax. The regulations may prescribe the time for 19278
payment of the tax, and may provide for the imposition of a 19279
penalty or interest, or both, for late payments, provided that the 19280
penalty does not exceed ten per cent of the amount of tax due, and 19281
the rate at which interest accrues does not exceed the rate per 19282
annum prescribed pursuant to section 5703.47 of the Revised Code. 19283
The levy of a tax under this division is in addition to any tax 19284
imposed on the same transaction by a municipal corporation or a 19285
township as authorized by division (A) of section 5739.08 of the 19286
Revised Code.19287

       (2)(a) The legislative authority of the most populous 19288
municipal corporation located wholly or partly in a county in 19289
which the board of county commissioners has levied a tax under 19290
division (A)(4) of this section may amend, on or before September 19291
30, 2002, that municipal corporation's ordinance or resolution 19292
that levies an excise tax on transactions by which lodging by a 19293
hotel is or is to be furnished to transient guests, to provide for 19294
all of the following:19295

       (i) That the rate of the tax shall be increased by not more 19296
than an additional one per cent on each transaction;19297

       (ii) That all of the revenue from the increase in rate shall 19298
be pledged and contributed to a convention facilities authority 19299
established by the board of county commissioners under Chapter 19300
351. of the Revised Code on or before May 15, 2002, and be used to 19301
pay costs of constructing, expanding, maintaining, operating, or 19302
promoting a convention center in the county, including paying 19303
bonds, or notes issued in anticipation of bonds, as provided by 19304
that chapter;19305

       (iii) That the increase in rate shall not be subject to 19306
diminution by initiative or referendum or by law while any bonds, 19307
or notes in anticipation of bonds, issued by the authority under 19308
Chapter 351. of the Revised Code to which the revenue is pledged, 19309
remain outstanding in accordance with their terms, unless 19310
provision is made by law, by the board of county commissioners, or 19311
by the legislative authority, for an adequate substitute therefor 19312
that is satisfactory to the trustee if a trust agreement secures 19313
the bonds.19314

       (b) The legislative authority of a municipal corporation 19315
that, pursuant to division (B)(2)(a) of this section, has amended 19316
its ordinance or resolution to increase the rate of the tax 19317
authorized by division (B)(1) of this section may further amend 19318
the ordinance or resolution to provide that the revenue referred 19319
to in division (B)(2)(a)(ii) of this section shall be pledged and 19320
contributed both to a convention facilities authority to pay the 19321
costs of constructing, expanding, maintaining, or operating one or 19322
more convention centers in the county, including paying bonds, or 19323
notes issued in anticipation of bonds, as provided in Chapter 351. 19324
of the Revised Code, and to a convention and visitors' bureau to 19325
pay the costs of promoting one or more convention centers in the 19326
county.19327

       As used in division (B)(2) of this section, "cost" has the 19328
same meaning as in section 351.01 of the Revised Code, and 19329
"convention center" has the same meaning as in section 307.695 of 19330
the Revised Code.19331

       (C) For the purposes described in section 307.695 of the 19332
Revised Code and to cover the costs of administering the tax, a 19333
board of county commissioners of a county where a tax imposed 19334
under division (A)(1) of this section is in effect may, by 19335
resolution adopted within ninety days after July 15, 1985, by a 19336
majority of the members of the board, levy an additional excise 19337
tax not to exceed three per cent on transactions by which lodging 19338
by a hotel is or is to be furnished to transient guests. The tax 19339
authorized by this division shall be in addition to any tax that 19340
is levied pursuant to division (A) of this section, but it shall 19341
not apply to transactions subject to a tax levied by a municipal 19342
corporation or township pursuant to the authorization granted by 19343
division (A) of section 5739.08 of the Revised Code. The board 19344
shall establish all regulations necessary to provide for the 19345
administration and allocation of the tax. The regulations may 19346
prescribe the time for payment of the tax, and may provide for the 19347
imposition of a penalty or interest, or both, for late payments, 19348
provided that the penalty does not exceed ten per cent of the 19349
amount of tax due, and the rate at which interest accrues does not 19350
exceed the rate per annum prescribed pursuant to section 5703.47 19351
of the Revised Code. All revenues arising from the tax shall be 19352
expended in accordance with section 307.695 of the Revised Code. 19353
The board of county commissioners of an eligible county as defined 19354
in section 307.695 of the Revised Code may, by resolution adopted 19355
by a majority of the members of the board, amend the resolution 19356
levying a tax under this division to provide that the revenue from 19357
the tax shall be used by the board as described in division (H) of 19358
section 307.695 of the Revised Code. A tax imposed under this 19359
division shall remain in effect at the rate at which it is imposed 19360
for the duration of the period during which any agreement entered 19361
into by the board under section 307.695 of the Revised Code is in 19362
effect, the duration of the period during which any securities 19363
issued by the board under division (I) of section 307.695 of the 19364
Revised Code are outstanding, or the duration of the period during 19365
which the board owns a project as defined in section 307.695 of 19366
the Revised Code, whichever duration is longest.19367

       (D) For the purpose of providing contributions under division 19368
(B)(1) of section 307.671 of the Revised Code to enable the 19369
acquisition, construction, and equipping of a port authority 19370
educational and cultural facility in the county and, to the extent 19371
provided for in the cooperative agreement authorized by that 19372
section, for the purpose of paying debt service charges on bonds, 19373
or notes in anticipation of bonds, described in division (B)(1)(b) 19374
of that section, a board of county commissioners, by resolution 19375
adopted within ninety days after December 22, 1992, by a majority 19376
of the members of the board, may levy an additional excise tax not 19377
to exceed one and one-half per cent on transactions by which 19378
lodging by a hotel is or is to be furnished to transient guests. 19379
The excise tax authorized by this division shall be in addition to 19380
any tax that is levied pursuant to divisions (A), (B), and (C) of 19381
this section, to any excise tax levied pursuant to section 5739.08 19382
of the Revised Code, and to any excise tax levied pursuant to 19383
section 351.021 of the Revised Code. The board of county 19384
commissioners shall establish all regulations necessary to provide 19385
for the administration and allocation of the tax that are not 19386
inconsistent with this section or section 307.671 of the Revised 19387
Code. The regulations may prescribe the time for payment of the 19388
tax, and may provide for the imposition of a penalty or interest, 19389
or both, for late payments, provided that the penalty does not 19390
exceed ten per cent of the amount of tax due, and the rate at 19391
which interest accrues does not exceed the rate per annum 19392
prescribed pursuant to section 5703.47 of the Revised Code. All 19393
revenues arising from the tax shall be expended in accordance with 19394
section 307.671 of the Revised Code and division (D) of this 19395
section. The levy of a tax imposed under this division may not 19396
commence prior to the first day of the month next following the 19397
execution of the cooperative agreement authorized by section 19398
307.671 of the Revised Code by all parties to that agreement. The 19399
tax shall remain in effect at the rate at which it is imposed for 19400
the period of time described in division (C) of section 307.671 of 19401
the Revised Code for which the revenue from the tax has been 19402
pledged by the county to the corporation pursuant to that section, 19403
but, to any extent provided for in the cooperative agreement, for 19404
no lesser period than the period of time required for payment of 19405
the debt service charges on bonds, or notes in anticipation of 19406
bonds, described in division (B)(1)(b) of that section.19407

       (E) For the purpose of paying the costs of acquiring, 19408
constructing, equipping, and improving a municipal educational and 19409
cultural facility, including debt service charges on bonds 19410
provided for in division (B) of section 307.672 of the Revised 19411
Code, and for any additional purposes determined by the county in 19412
the resolution levying the tax or amendments to the resolution, 19413
including subsequent amendments providing for paying costs of 19414
acquiring, constructing, renovating, rehabilitating, equipping, 19415
and improving a port authority educational and cultural performing 19416
arts facility, as defined in section 307.674 of the Revised Code, 19417
and including debt service charges on bonds provided for in 19418
division (B) of section 307.674 of the Revised Code, the 19419
legislative authority of a county, by resolution adopted within 19420
ninety days after June 30, 1993, by a majority of the members of 19421
the legislative authority, may levy an additional excise tax not 19422
to exceed one and one-half per cent on transactions by which 19423
lodging by a hotel is or is to be furnished to transient guests. 19424
The excise tax authorized by this division shall be in addition to 19425
any tax that is levied pursuant to divisions (A), (B), (C), and 19426
(D) of this section, to any excise tax levied pursuant to section 19427
5739.08 of the Revised Code, and to any excise tax levied pursuant 19428
to section 351.021 of the Revised Code. The legislative authority 19429
of the county shall establish all regulations necessary to provide 19430
for the administration and allocation of the tax. The regulations 19431
may prescribe the time for payment of the tax, and may provide for 19432
the imposition of a penalty or interest, or both, for late 19433
payments, provided that the penalty does not exceed ten per cent 19434
of the amount of tax due, and the rate at which interest accrues 19435
does not exceed the rate per annum prescribed pursuant to section 19436
5703.47 of the Revised Code. All revenues arising from the tax 19437
shall be expended in accordance with section 307.672 of the 19438
Revised Code and this division. The levy of a tax imposed under 19439
this division shall not commence prior to the first day of the 19440
month next following the execution of the cooperative agreement 19441
authorized by section 307.672 of the Revised Code by all parties 19442
to that agreement. The tax shall remain in effect at the rate at 19443
which it is imposed for the period of time determined by the 19444
legislative authority of the county. That period of time shall not 19445
exceed fifteen years, except that the legislative authority of a 19446
county with a population of less than two hundred fifty thousand 19447
according to the most recent federal decennial census, by 19448
resolution adopted by a majority of its members before the 19449
original tax expires, may extend the duration of the tax for an 19450
additional period of time. The additional period of time by which 19451
a legislative authority extends a tax levied under this division 19452
shall not exceed fifteen years.19453

       (F) The legislative authority of a county that has levied a 19454
tax under division (E) of this section may, by resolution adopted 19455
within one hundred eighty days after January 4, 2001, by a 19456
majority of the members of the legislative authority, amend the 19457
resolution levying a tax under that division to provide for the 19458
use of the proceeds of that tax, to the extent that it is no 19459
longer needed for its original purpose as determined by the 19460
parties to a cooperative agreement amendment pursuant to division 19461
(D) of section 307.672 of the Revised Code, to pay costs of 19462
acquiring, constructing, renovating, rehabilitating, equipping, 19463
and improving a port authority educational and cultural performing 19464
arts facility, including debt service charges on bonds provided 19465
for in division (B) of section 307.674 of the Revised Code, and to 19466
pay all obligations under any guaranty agreements, reimbursement 19467
agreements, or other credit enhancement agreements described in 19468
division (C) of section 307.674 of the Revised Code. The 19469
resolution may also provide for the extension of the tax at the 19470
same rate for the longer of the period of time determined by the 19471
legislative authority of the county, but not to exceed an 19472
additional twenty-five years, or the period of time required to 19473
pay all debt service charges on bonds provided for in division (B) 19474
of section 307.672 of the Revised Code and on port authority 19475
revenue bonds provided for in division (B) of section 307.674 of 19476
the Revised Code. All revenues arising from the amendment and 19477
extension of the tax shall be expended in accordance with section 19478
307.674 of the Revised Code, this division, and division (E) of 19479
this section.19480

       (G) For purposes of a tax levied by a county, township, or 19481
municipal corporation under this section or section 5739.08 of the 19482
Revised Code, a board of county commissioners, board of township 19483
trustees, or the legislative authority of a municipal corporation 19484
may adopt a resolution or ordinance at any time specifying that 19485
"hotel," as otherwise defined in section 5739.01 of the Revised 19486
Code, includes the following:19487

       (1) Establishments in which fewer than five rooms are used 19488
for the accommodation of guests. 19489

       (2) Establishments at which rooms are used for the 19490
accommodation of guests regardless of whether each room is 19491
accessible through its own keyed entry or several rooms are 19492
accessible through the same keyed entry; and, in determining the 19493
number of rooms, all rooms are included regardless of the number 19494
of structures in which the rooms are situated or the number of 19495
parcels of land on which the structures are located if the 19496
structures are under the same ownership and the structures are not 19497
identified in advertisements of the accommodations as distinct 19498
establishments. For the purposes of division (G)(2) of this 19499
section, two or more structures are under the same ownership if 19500
they are owned by the same person, or if they are owned by two or 19501
more persons the majority of the ownership interests of which are 19502
owned by the same person.19503

        The resolution or ordinance may apply to a tax imposed 19504
pursuant to this section prior to the adoption of the resolution 19505
or ordinance if the resolution or ordinance so states, but the tax 19506
shall not apply to transactions by which lodging by such an 19507
establishment is provided to transient guests prior to the 19508
adoption of the resolution or ordinance.19509

       (H)(1) As used in this division:19510

       (a) "Convention facilities authority" has the same meaning as 19511
in section 351.01 of the Revised Code.19512

       (b) "Convention center" has the same meaning as in section 19513
307.695 of the Revised Code.19514

       (2) Notwithstanding any contrary provision of division (D) of 19515
this section, the legislative authority of a county with a 19516
population of one million or more according to the most recent 19517
federal decennial census that has levied a tax under division (D) 19518
of this section may, by resolution adopted by a majority of the 19519
members of the legislative authority, provide for the extension of 19520
such levy and may provide that the proceeds of that tax, to the 19521
extent that they are no longer needed for their original purpose 19522
as defined by a cooperative agreement entered into under section 19523
307.671 of the Revised Code, shall be deposited into the county 19524
general revenue fund. The resolution shall provide for the 19525
extension of the tax at a rate not to exceed the rate specified in 19526
division (D) of this section for a period of time determined by 19527
the legislative authority of the county, but not to exceed an 19528
additional forty years.19529

       (3) The legislative authority of a county with a population 19530
of one million or more that has levied a tax under division (A)(1) 19531
of this section may, by resolution adopted by a majority of the 19532
members of the legislative authority, increase the rate of the tax 19533
levied by such county under division (A)(1) of this section to a 19534
rate not to exceed five per cent on transactions by which lodging 19535
by a hotel is or is to be furnished to transient guests. 19536
Notwithstanding any contrary provision of division (A)(1) of this 19537
section, the resolution may provide that all collections resulting 19538
from the rate levied in excess of three per cent, after deducting 19539
the real and actual costs of administering the tax, shall be 19540
deposited in the county general fund.19541

       (4) The legislative authority of a county with a population 19542
of one million or more that has levied a tax under division (A)(1) 19543
of this section may, by resolution adopted on or before August 30, 19544
2004, by a majority of the members of the legislative authority, 19545
provide that all or a portion of the proceeds of the tax levied 19546
under division (A)(1) of this section, after deducting the real 19547
and actual costs of administering the tax and the amounts required 19548
to be returned to townships and municipal corporations with 19549
respect to the first three per cent levied under division (A)(1) 19550
of this section, shall be deposited in the county general fund, 19551
provided that such proceeds shall be used to satisfy any pledges 19552
made in connection with an agreement entered into under section 19553
307.695 of the Revised Code.19554

       (5) No amount collected from a tax levied, extended, or 19555
required to be deposited in the county general fund under division 19556
(H) of this section shall be contributed to a convention 19557
facilities authority, corporation, or other entity created after 19558
July 1, 2003, for the principal purpose of constructing, 19559
improving, expanding, equipping, financing, or operating a 19560
convention center unless the mayor of the municipal corporation in 19561
which the convention center is to be operated by that convention 19562
facilities authority, corporation, or other entity has consented 19563
to the creation of that convention facilities authority, 19564
corporation, or entity. Notwithstanding any contrary provision of 19565
section 351.04 of the Revised Code, if a tax is levied by a county 19566
under division (H) of this section, the board of county 19567
commissioners of that county may determine the manner of 19568
selection, the qualifications, the number, and terms of office of 19569
the members of the board of directors of any convention facilities 19570
authority, corporation, or other entity described in division 19571
(H)(5) of this section.19572

       (6)(a) No amount collected from a tax levied, extended, or 19573
required to be deposited in the county general fund under division 19574
(H) of this section may be used for any purpose other than paying 19575
the direct and indirect costs of constructing, improving, 19576
expanding, equipping, financing, or operating a convention center 19577
and for the real and actual costs of administering the tax, 19578
unless, prior to the adoption of the resolution of the legislative 19579
authority of the county authorizing the levy, extension, increase, 19580
or deposit, the county and the mayor of the most populous 19581
municipal corporation in that county have entered into an 19582
agreement as to the use of such amounts, provided that such 19583
agreement has been approved by a majority of the mayors of the 19584
other municipal corporations in that county. The agreement shall 19585
provide that the amounts to be used for purposes other than paying 19586
the convention center or administrative costs described in 19587
division (H)(6)(a) of this section be used only for the direct and 19588
indirect costs of capital improvements, including the financing of 19589
capital improvements.19590

       (b) If the county in which the tax is levied has an 19591
association of mayors and city managers, the approval of that 19592
association of an agreement described in division (H)(6)(a) of 19593
this section shall be considered to be the approval of the 19594
majority of the mayors of the other municipal corporations for 19595
purposes of that division.19596

       (7) Each year, the auditor of state shall conduct an audit of 19597
the uses of any amounts collected from taxes levied, extended, or 19598
deposited under division (H) of this section and shall prepare a 19599
report of the auditor of state's findings. The auditor of state 19600
shall submit the report to the legislative authority of the county 19601
that has levied, extended, or deposited the tax, the speaker of 19602
the house of representatives, the president of the senate, and the 19603
leaders of the minority parties of the house of representatives 19604
and the senate.19605

       (I)(1) As used in this division:19606

       (a) "Convention facilities authority" has the same meaning as 19607
in section 351.01 of the Revised Code.19608

       (b) "Convention center" has the same meaning as in section 19609
307.695 of the Revised Code.19610

       (2) Notwithstanding any contrary provision of division (D) of 19611
this section, the legislative authority of a county with a 19612
population of one million two hundred thousand or more according 19613
to the most recent federal decennial census or the most recent 19614
annual population estimate published or released by the United 19615
States census bureau at the time the resolution is adopted placing 19616
the levy on the ballot, that has levied a tax under division (D) 19617
of this section may, by resolution adopted by a majority of the 19618
members of the legislative authority, provide for the extension of 19619
such levy and may provide that the proceeds of that tax, to the 19620
extent that the proceeds are no longer needed for their original 19621
purpose as defined by a cooperative agreement entered into under 19622
section 307.671 of the Revised Code and after deducting the real 19623
and actual costs of administering the tax, shall be used for 19624
paying the direct and indirect costs of constructing, improving, 19625
expanding, equipping, financing, or operating a convention center. 19626
The resolution shall provide for the extension of the tax at a 19627
rate not to exceed the rate specified in division (D) of this 19628
section for a period of time determined by the legislative 19629
authority of the county, but not to exceed an additional forty 19630
years.19631

       (3) The legislative authority of a county with a population 19632
of one million two hundred thousand or more that has levied a tax 19633
under division (A)(1) of this section may, by resolution adopted 19634
by a majority of the members of the legislative authority, 19635
increase the rate of the tax levied by such county under division 19636
(A)(1) of this section to a rate not to exceed five per cent on 19637
transactions by which lodging by a hotel is or is to be furnished 19638
to transient guests. Notwithstanding any contrary provision of 19639
division (A)(1) of this section, the resolution shall provide that 19640
all collections resulting from the rate levied in excess of three 19641
per cent, after deducting the real and actual costs of 19642
administering the tax, shall be used for paying the direct and 19643
indirect costs of constructing, improving, expanding, equipping, 19644
financing, or operating a convention center.19645

       (4) The legislative authority of a county with a population 19646
of one million two hundred thousand or more that has levied a tax 19647
under division (A)(1) of this section may, by resolution adopted 19648
on or before July 1, 2008, by a majority of the members of the 19649
legislative authority, provide that all or a portion of the 19650
proceeds of the tax levied under division (A)(1) of this section, 19651
after deducting the real and actual costs of administering the tax 19652
and the amounts required to be returned to townships and municipal 19653
corporations with respect to the first three per cent levied under 19654
division (A)(1) of this section, shall be used to satisfy any 19655
pledges made in connection with an agreement entered into under 19656
section 307.695 of the Revised Code or shall otherwise be used for 19657
paying the direct and indirect costs of constructing, improving, 19658
expanding, equipping, financing, or operating a convention center.19659

       (5) Any amount collected from a tax levied or extended under 19660
division (I) of this section may be contributed to a convention 19661
facilities authority created before July 1, 2005, but no amount 19662
collected from a tax levied or extended under division (I) of this 19663
section may be contributed to a convention facilities authority, 19664
corporation, or other entity created after July 1, 2005, unless 19665
the mayor of the municipal corporation in which the convention 19666
center is to be operated by that convention facilities authority, 19667
corporation, or other entity has consented to the creation of that 19668
convention facilities authority, corporation, or entity.19669

       (J) All(1) Except as provided in division (J)(2) of this 19670
section, money collected by a county and distributed under this 19671
section to a convention and visitors' bureau in existence as of 19672
June 30, 2013, the effective date of H.B. 59 of the 130th general 19673
assembly, except for any such money pledged, as of that effective 19674
date, to the payment of debt service charges on bonds, notes, 19675
securities, or lease agreements, shall be used solely for tourism 19676
sales, marketing and promotion, and their associated costs, 19677
including, but not limited to, operational and administrative 19678
costs of the bureau, sales and marketing, and maintenance of the 19679
physical bureau structure.19680

       (2) A convention and visitors' bureau that has entered into 19681
an agreement under section 307.678 of the Revised Code may use 19682
revenue it receives from a tax levied under division (A)(1) of 19683
this section for the purposes described in division (D) of section 19684
307.678 of the Revised Code.19685

       (K) The board of county commissioners of a county with a 19686
population between one hundred three thousand and one hundred 19687
seven thousand according to the most recent federal decennial 19688
census, by resolution adopted by a majority of the members of the 19689
board within six months after the effective date of H.B. 483 of 19690
the 130th general assembly, may levy a tax not to exceed three per 19691
cent on transactions by which a hotel is or is to be furnished to 19692
transient guests. The purpose of the tax shall be to pay the costs 19693
of expanding, maintaining, or operating a soldiers' memorial and 19694
the costs of administering the tax. All revenue arising from the 19695
tax shall be credited to one or more special funds in the county 19696
treasury and shall be spent solely for the purposes of paying 19697
those costs. The board of county commissioners shall adopt all 19698
rules necessary to provide for the administration of the tax 19699
subject to the same limitations on imposing penalty or interest 19700
under division (A)(1) of this section.19701

       As used in this division "soldiers' memorial" means a 19702
memorial constructed and funded under Chapter 345. of the Revised 19703
Code.19704

       Section 101.02. That existing sections 9.37, 9.482, 9.90, 19705
9.91, 103.63, 121.084, 122.12, 122.121, 122.861, 124.32, 124.82, 19706
125.13, 126.21, 126.25, 133.07, 149.30, 149.311, 149.38, 150.05, 19707
150.07, 153.56, 163.15, 163.53, 163.54, 163.55, 164.26, 175.04, 19708
175.05, 175.06, 191.01, 306.04, 307.982, 340.01, 340.02, 340.021, 19709
340.03, 340.08, 340.09, 340.15, 757.03, 757.04, 757.05, 757.06, 19710
757.07, 757.08, 1321.535, 1321.55, 1322.03, 1322.031, 1322.04, 19711
1322.041, 1322.051, 1322.06, 1533.10, 1533.11, 1533.12, 1711.50, 19712
1711.53, 2151.421, 2305.11, 2915.08, 2945.402, 3123.89, 3313.617, 19713
3314.08, 3317.01, 3317.02, 3317.0217, 3318.36, 3333.04, 3701.132, 19714
3701.34, 3701.74, 3701.83, 3702.59, 3702.71, 3702.74, 3702.75, 19715
3702.91, 3702.95, 3730.09, 3737.02, 3772.02, 4141.01, 4141.09, 19716
4141.11, 4141.131, 4141.20, 4141.25, 4141.26, 4141.35, 4511.191, 19717
4729.03, 4729.54, 4729.541, 4729.65, 4729.83, 4731.15, 4731.155, 19718
4731.24, 4731.241, 4737.045, 4758.01, 4758.02, 4758.06, 4758.16, 19719
4758.20, 4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29, 19720
4758.30, 4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.60, 19721
4758.71, 4905.911, 4923.02, 4928.64, 5104.03, 5104.34, 5104.341, 19722
5104.38, 5119.21, 5119.22, 5119.23, 5119.25, 5123.01, 5123.011, 19723
5123.012, 5123.16, 5123.162, 5123.19, 5123.191, 5123.21, 5123.61, 19724
5123.75, 5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 5124.60, 19725
5124.61, 5124.62, 5124.67, 5126.01, 5126.02, 5126.0219, 5126.041, 19726
5126.046, 5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 19727
5126.45, 5513.01, 5531.10, 5533.051, 5709.17, 5709.40, 5713.012, 19728
and 5739.09 of the Revised Code are hereby repealed.19729

       Section 105.01. That sections 3125.191, 3702.93, 4171.03, 19730
4171.04, 5124.63, 5124.64, and 5126.037 of the Revised Code are 19731
hereby repealed.19732

       Section 501.10. HAMILTON COUNTY FAIRGROUND IMPROVEMENTS19733

       On the effective date of this section, or as soon as possible 19734
thereafter, the Director of Budget and Management shall transfer 19735
up to $50,000 appropriation from appropriation item C26616, Forest 19736
Park Homeland Security Facility, to appropriation item C26686, 19737
Hamilton County Fairground Improvements. An amount equal to the 19738
unexpended, unencumbered portion of appropriation item C26686, 19739
Hamilton County Fairground Improvements, at the end of fiscal year 19740
2014 is hereby reappropriated to the University of Cincinnati for 19741
the same purpose for the fiscal biennium ending June 30, 2016.19742

       Section 503.10.  APPROPRIATIONS RELATED TO GRANT 19743
RECONCILIATION AND CLOSE-OUT19744

       If, pursuant to the reconciliation and close-out process for 19745
a grant received by a state agency, an amount is identified as 19746
both unspent and requiring remittance to the grantor, the director 19747
of the agency may request the Director of Budget and Management to 19748
authorize additional expenditures to return the unspent cash to 19749
the grantor. Upon approval of the Director of Budget and 19750
Management, the additional amounts are hereby appropriated.19751

       Section 503.30.  CLEAN OHIO CONSERVATION GRANT REPAYMENTS19752

       Any grant repayment received by the Public Works Commission 19753
and deposited into the Clean Ohio Conservation Fund (Fund 7056) 19754
pursuant to section 164.261 of the Revised Code is hereby 19755
appropriated in appropriation item C15060, Clean Ohio 19756
Conservation.19757

       Section 509.10. REESTABLISHING ENCUMBRANCES THAT USE OUTDATED 19758
EXPENSE ACCOUNT CODES19759

       On or after January 1, 2015, should the Director of Budget 19760
and Management elect to update expense account codes pursuant to 19761
the authority granted in division (A)(2) of section 126.21 of the 19762
Revised Code, the Director may cancel any existing operating or 19763
capital encumbrances from prior fiscal years that reference 19764
outdated expense account codes and, if needed, reestablish them 19765
against the same appropriation items referencing updated expense 19766
account codes. The reestablished encumbrance amounts are hereby 19767
appropriated. Any business commenced but not completed under the 19768
prior encumbrances by January 1, 2015, shall be completed under 19769
the new encumbrances in the same manner and with the same effect 19770
as if it was completed with regard to the old encumbrances. 19771

       Section 509.20. The Department of Natural Resources is hereby 19772
authorized, pursuant to and consistent with the requirements of 19773
Chapter 127. of the Revised Code, to use moneys appropriated to it 19774
from the Ohio Parks and Natural Resources Fund (Fund 7031) and the 19775
Parks and Recreation Improvement Fund (Fund 7035) for capital 19776
projects, including, but not limited to, improvements or 19777
renovations on land or property owned by the department but used 19778
and operated, under a lease or other agreement, by an entity other 19779
than the department. No moneys shall be released under the 19780
authority of this section until the Director of Natural Resources 19781
has certified in writing to the Director of the Office of Budget 19782
and Management that the project will enhance the use and enjoyment 19783
of Ohio's state parks and natural resources.19784

       Section 512.10. On July 1, 2014, or as soon as possible 19785
thereafter, the Director of Budget and Management shall transfer 19786
the cash balance in the Education Endowment Fund (Fund P087) to 19787
the Education Facilities Trust Fund (Fund N087). Upon completion 19788
of the transfer, Fund P087 is abolished.19789

       Section 512.20. On July 1, 2014, or as soon as possible 19790
thereafter, the Director of Budget and Management shall transfer 19791
the cash balance in the Healthcare Services Fund (Fund 3W50), 19792
Healthy Ohioans Initiatives Fund (Fund 5BL0), Alcohol Testing 19793
Program Fund (Fund 5C00), TANF Family Planning Fund (Fund 5C10), 19794
Poison Control Fund (Fund 5CB0), Sewage Treatment System 19795
Innovation Fund (Fund 5CJ0), and the Health Emergency Fund (Fund 19796
5EC0) to the General Revenue Fund. Upon the completion of these 19797
transfers, Fund 3W50, Fund 5BL0, Fund 5C00, Fund 5C10, Fund 5CB0, 19798
Fund 5CJ0, and Fund 5EC0 are abolished.19799

       Section 512.30. ABOLISHMENT OF INACTIVE FUNDS USED BY THE 19800
DEPARTMENT OF JOB AND FAMILY SERVICES19801

       Within ninety days of the effective date of this section, or 19802
as soon as possible thereafter, the Director of Budget and 19803
Management shall transfer all cash in the following funds to the 19804
Administration and Operating Fund (Fund 5DM0) used by the 19805
Department of Job and Family Services: 19806

       The State and Local Training Fund (Fund 3160), 19807

       The Job Training Program Fund (Fund 3650), 19808

       The Income Maintenance Reimbursement Fund (Fund 3A10), 19809

       The ABD Managed Care – Federal Fund (Fund 3AZ0),19810

       The Children's Hospitals – Federal Fund (Fund 3BB0), 19811

       The Ford Foundation Reimbursement Fund (Fund 3G90),19812

       The TANF – Employment & Training Fund (Fund 3S90), 19813

       The HIPPY Program Fund (Fund 3W80), 19814

       The Adoption Connection Fund (Fund 3W90),19815

       The Interagency Programs Fund (Fund 4G10),19816

       The Welfare Overpayment Intercept Fund (Fund 4K70),19817

       The Wellness Block Grant Fund (Fund 4N70),19818

       The Banking Fees Fund (Fund 4R30),19819

       The BCII Service Fees Fund (Fund 4R40),19820

       The Child Support Activities Fund (Fund 4V20),19821

       The BES Automation Administration Fund (Fund 5A50),19822

       The Public Assistance Reconciliation Fund (Fund 5AX0),19823

       The Child Support Operating Fund (Fund 5BE0),19824

       The ABD Managed Care – State Fund (Fund 5BZ0),19825

       The Private Child Care Agencies Training Fund (Fund 5E40),19826

       The EBT Contracted Services Fund (Fund 5E50),19827

       The State Option Food Stamp Program Fund (Fund 5E60),19828

       The BES Building Consolidation Fund (Fund 5F20),19829

       The BES Building Enhancement Fund (Fund 5F30),19830

       The Commission on Fatherhood Fund (Fund 5G30),19831

       The Child & Adult Protective Services Fund (Fund 5GV0),19832

       The Child Support Supplement Fund (Fund 5K60),19833

       The OhioWorks Supplement Fund (Fund 5L40),19834

       The County Technologies Fund (Fund 5N10),19835

       The TANF Child Welfare Fund (Fund 5P40),19836

       The Medicaid Admin Reimbursement Fund (Fund 5P60),19837

       The Child Support Special Payment Fund (Fund 5T20),19838

       The Federal Fiscal Relief Fund (Fund 5Y90),19839

       The Health Care Grants Fund (Fund 5Z50),19840

       The TANF QC Reinvestment Fund (Fund 5Z90),19841

       The Third Party Recoveries Fund (Fund 6000),19842

       The Training Activities Fund (Fund 6130), and19843

       The Ford Foundation Fund (Fund 6A70).19844

Upon completion of the transfers, all the aforementioned funds 19845
listed in this section (except Fund 5DM0) are hereby abolished.19846

       Within ninety days after the effective date of this section, 19847
or as soon as possible thereafter, the Director of Budget and 19848
Management shall transfer all cash in the OhioCare Fund (Fund 19849
4X30), the Human Services Stabilization Fund (Fund 4Z70), and the 19850
Managed Care Assessment Fund (Fund 5BG0) to the General Revenue 19851
Fund. Upon completion of the transfers, Fund 4X30, Fund 4Z70, and 19852
Fund 5BG0 are hereby abolished.19853

       Section 512.40. On July 1, 2014, or as soon as possible 19854
thereafter, the Director of Budget and Management shall transfer 19855
the cash balance in the Nursing Facility Technical Assistance Fund 19856
(Fund 5L10), to the Residents Protection Fund (Fund 4E30). Upon 19857
completion of the transfer, Fund 5L10 is abolished.19858

       Section 610.20. That Sections 207.10, 209.30, 211.10, 221.10, 19859
241.10, 257.10, 257.20, 257.50, 259.10, 263.10, 263.40, 263.160, 19860
263.230, 263.240, 263.250, 263.270, 263.325, 275.10, 282.10, 19861
282.30, 285.10, 285.20, 301.10, 301.143, 301.40, 323.10, 327.10, 19862
333.10, 340.10, 349.10, 359.10, 363.10, 365.10, 395.10, 403.10, 19863
512.80, and 751.10 of Am. Sub. H.B. 59 of the 130th General 19864
Assembly be amended to read as follows:19865

       Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES19866

General Revenue Fund19867

GRF 100403 Public Employees Health Care Program $ 309,600 $ 309,600 19868
GRF 100414 MARCS Lease Rental Payments $ 5,133,700 $ 5,135,800 19869
GRF 100415 OAKS Lease Rental Payments $ 22,998,500 $ 22,982,500 19870
GRF 100416 STARS Lease Rental Payments $ 4,976,500 $ 4,973,200 19871
GRF 100447 Administrative Building Lease Rental Payments $ 85,847,800 83,847,800 $ 91,059,600 19872
GRF 100448 Office Building Operating Payments $ 20,000,000 $ 20,000,000 19873
GRF 100449 DAS - Building Operating Payments $ 7,551,571 $ 7,551,571 19874
GRF 100452 Lean Ohio $ 1,059,624 $ 1,059,624 19875
GRF 100456 State IT Services $ 1,739,038 $ 1,739,038 19876
GRF 100457 Equal Opportunity Services $ 1,910,516 $ 1,910,516 19877
GRF 100459 Ohio Business Gateway $ 4,049,094 $ 4,049,094 19878
GRF 130321 State Agency Support Services $ 2,477,008 $ 2,477,008 19879
TOTAL GRF General Revenue Fund $ 158,052,951 156,052,951 $ 163,247,551 19880

General Services Fund Group19881

1120 100616 DAS Administration $ 6,127,659 $ 6,147,659 19882
1150 100632 Central Service Agency $ 911,580 $ 927,699 19883
1170 100644 General Services Division - Operating $ 12,993,870 $ 12,993,870 19884
1220 100637 Fleet Management $ 4,200,000 $ 4,200,000 19885
1250 100622 Human Resources Division - Operating $ 17,749,839 $ 17,749,839 19886
1250 100657 Benefits Communication $ 712,316 $ 712,316 19887
1280 100620 Office of Collective Bargaining $ 3,329,507 $ 3,329,507 19888
1300 100606 Risk Management Reserve $ 6,635,784 $ 6,635,784 19889
1320 100631 DAS Building Management $ 19,343,170 $ 19,343,170 19890
1330 100607 IT Services Delivery $ 57,521,975 $ 57,521,975 19891
1880 100649 Equal Opportunity Division - Operating $ 863,013 $ 863,013 19892
2100 100612 State Printing $ 20,459,526 $ 20,459,526 19893
2290 100630 IT Governance $ 16,446,474 $ 16,446,474 19894
2290 100640 Leveraged Enterprise Purchases $ 7,065,639 $ 7,065,639 19895
4270 100602 Investment Recovery $ 1,618,062 $ 1,638,515 19896
4N60 100617 Major IT Purchases $ 56,888,635 $ 56,888,635 19897
4P30 100603 DAS Information Services $ 6,400,070 $ 6,400,070 19898
5C20 100605 MARCS Administration $ 14,292,596 $ 14,512,028 19899
5C30 100608 Minor Construction Project Management $ 1,004,375 $ 1,004,375 19900
5EB0 100635 OAKS Support Organization $ 25,813,077 $ 19,813,077 19901
5EB0 100656 OAKS Updates and Developments $ 9,886,923 $ 2,636,923 19902
5HU0 100655 Construction Reform Demo Compliance $ 150,000 $ 150,000 19903
5KZ0 100659 Building Improvement $ 500,000 $ 500,000 19904
5L70 100610 Professional Development $ 2,100,000 $ 2,100,000 19905
5LA0 100660 Building Operation $ 26,600,767 $ 26,814,648 19906
5LJ0 100661 IT Development $ 13,200,000 $ 13,200,000 19907
5V60 100619 Employee Educational Development $ 800,000 $ 800,000 19908
TOTAL GSF General Services Fund 19909
Group $ 333,614,857 $ 320,854,742 19910

Federal Special Revenue Fund Group19911

3AJ0 100654 ARRA Broadband Mapping Grant $ 1,723,009 $ 1,723,009 19912
TOTAL FED Federal Special Revenue 19913
Fund Group $ 1,723,009 $ 1,723,009 19914

State Special Revenue Fund Group19915

5JQ0 100658 Professionals Licensing System $ 3,028,366 $ 990,000 19916
5MV0 100662 Theater Equipment Maintenance $ 80,891 $ 80,891 19917
5NM0 100663 911 Program $ 290,000 $ 290,000 19918
TOTAL SSR State Special Revenue 19919
Fund Group $ 3,399,257 $ 1,360,891 19920
TOTAL ALL BUDGET FUND GROUPS $ 496,790,074 494,790,074 $ 487,186,193 19921


       Sec. 209.30.  LONG-TERM CARE OMBUDSMAN19923

       The foregoing appropriation item 490410, Long-Term Care 19924
Ombudsman, shall be used to fund ombudsman program activities as 19925
authorized in sections 173.14 to 173.27 and section 173.99 of the 19926
Revised Code.19927

       The State Ombudsman may explore the design of a payment 19928
method for the Ombudsman Program that includes a 19929
pay-for-performance incentive component that is earned by 19930
designated regional long-term care ombudsman programs. 19931

       MYCARE OHIO19932

       The foregoing appropriation items 490410, Long-Term Care 19933
Ombudsman, 490618, Federal Aging Grants, 490612, Federal 19934
Independence Services, 490609, Regional Long-Term Care Ombudsman 19935
Program, and 490620, Ombudsman Support, may be used by the Office 19936
of the State Long-Term Care Ombudsman to provide ombudsman program 19937
activities as described in sections 173.14 to 173.27 and section 19938
173.99 of the Revised Code to consumers participating in MyCare 19939
Ohio.19940

       SENIOR COMMUNITY SERVICES19941

       The foregoing appropriation item 490411, Senior Community 19942
Services, shall be used for services designated by the Department 19943
of Aging, including, but not limited to, home-delivered and 19944
congregate meals, transportation services, personal care services, 19945
respite services, adult day services, home repair, care 19946
coordination, prevention and disease self-management, and decision 19947
support systems. Service priority shall be given to low income, 19948
frail, and cognitively impaired persons 60 years of age and over. 19949
The department shall promote cost sharing by service recipients 19950
for those services funded with senior community services funds, 19951
including, when possible, sliding-fee scale payment systems based 19952
on the income of service recipients.19953

       ALZHEIMER'S RESPITE19954

       The foregoing appropriation item 490414, Alzheimer's Respite, 19955
shall be used to fund only Alzheimer's disease services under 19956
section 173.04 of the Revised Code.19957

       NATIONAL SENIOR SERVICE CORPS19958

       The foregoing appropriation item 490506, National Senior 19959
Service Corps, shall be used by the Department of Aging to fund 19960
grants for three Corporation for National and Community 19961
Service/Senior Corps programs: the Foster Grandparents Program, 19962
the Senior Companion Program, and the Retired Senior Volunteer 19963
Program. A recipient of these grant funds shall use the funds to 19964
support priorities established by the Department and the Ohio 19965
State Office of the Corporation for National and Community 19966
Service. The expenditure of these funds by any grant recipient 19967
shall be in accordance with Senior Corps policies and procedures, 19968
as stated in the Domestic Volunteer Service Act of 1973, as 19969
amended. Neither the Department nor any area agencies on aging 19970
that are involved in the distribution of these funds to 19971
lower-tiered grant recipients may use any portion of these funds 19972
to cover administrative costs. 19973

       SENIOR COMMUNITY OUTREACH AND EDUCATION19974

       The foregoing appropriation item 490606, Senior Community 19975
Outreach and Education, may be used to provide training to workers 19976
in the field of aging pursuant to division (G) of section 173.02 19977
of the Revised Code.19978

       TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES 19979
AND FEDERAL AGING GRANTS19980

       At the request of the Director of Aging, the Director of 19981
Budget and Management may transfer appropriation between 19982
appropriation items 490612, Federal Independence Services, and 19983
490618, Federal Aging Grants. The amounts transferred shall not 19984
exceed 30 per cent of the appropriation from which the transfer is 19985
made. Any transfers shall be reported by the Department of Aging 19986
to the Controlling Board at the next scheduled meeting of the 19987
board.19988

       REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM19989

       The foregoing appropriation item 490609, Regional Long-Term 19990
Care Ombudsman Program, shall be used to pay the costs of 19991
operating the regional long-term care ombudsman programs 19992
designated by the State Long-Term Care Ombudsman.19993

       TRANSFER OF RESIDENT PROTECTION FUNDS19994

       In each fiscal year, the Director of Budget and Management 19995
may transfer up to $1,250,000 cash from the Resident Protection 19996
Fund (Fund 4E30), which is used by the Department of Medicaid, to 19997
the Ombudsman Support Fund (Fund 5BA0), which is used by the 19998
Department of Aging.19999

       The Director of Aging and the Office of the State Long-Term 20000
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund 20001
5BA0) to implement a nursing home quality initiative as specified 20002
in section 173.60 of the Revised Code.20003

       LONG-TERM CARE CONSUMERS GUIDE20004

        The foregoing appropriation item 490613, Long-Term Care 20005
Consumers Guide, shall be used to conduct annual consumer 20006
satisfaction surveys and to pay for other administrative expenses 20007
related to the publication of the Ohio Long-Term Care Consumer 20008
Guide.20009

       CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD 20010
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND20011

       On July 1, 2013, or as soon as possible thereafter, the 20012
Director of Health shall certify to the Director of Budget and 20013
Management the cash balance relating to the Board of Examiners of 20014
Nursing Home Administrators in the General Operations Fund (Fund 20015
4700), used by the Department of Health. Upon receiving this 20016
certification, the Director of Budget and Management may transfer 20017
this cash from the General Operations Fund (Fund 4700) to the 20018
Board of Executives of Long-Term Services and Supports Fund (Fund 20019
5MT0), used by the Department of Aging. If this transfer occurs, 20020
the Director of Budget and Management shall cancel any existing 20021
encumbrances pertaining to the Board of Examiners of Nursing Home 20022
Administrators against appropriation item 440647, Fee Supported 20023
Programs, and re-establish them against appropriation item 490627, 20024
Board of Executives of LTSS. The re-established encumbrance 20025
amounts are hereby appropriated.20026

       Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE20027

General Revenue Fund20028

GRF 700401 Animal Disease Control $ 3,936,687 $ 3,936,687 20029
GRF 700403 Dairy Division $ 1,088,115 $ 1,088,115 20030
GRF 700404 Ohio Proud $ 50,000 $ 50,000 20031
GRF 700406 Consumer Analytical Lab $ 1,287,556 $ 1,287,556 20032
GRF 700407 Food Safety $ 848,792 $ 848,792 20033
GRF 700409 Farmland Preservation $ 72,750 $ 72,750 20034
GRF 700412 Weights and Measures $ 600,000 $ 600,000 20035
GRF 700415 Poultry Inspection $ 592,978 $ 592,978 20036
GRF 700418 Livestock Regulation Program $ 1,108,071 $ 1,108,071 1,259,484 20037
GRF 700424 Livestock Testing and Inspections $ 102,770 $ 102,770 20038
GRF 700426 Dangerous and Restricted Animals $ 800,000 $ 800,000 20039
GRF 700427 High Volume Breeder Kennel Control $ 400,000 $ 200,000 20040
GRF 700499 Meat Inspection Program - State Share $ 4,175,097 $ 4,175,097 20041
GRF 700501 County Agricultural Societies $ 391,415 $ 391,415 20042
TOTAL GRF General Revenue Fund $ 15,454,231 $ 15,254,231 15,405,644 20043

General Services Fund Group20044

5DA0 700644 Laboratory Administration Support $ 1,115,000 $ 1,115,000 20045
5GH0 700655 Central Support Indirect Cost $ 4,368,013 $ 4,404,073 20046
TOTAL GSF General Services Fund Group $ 5,483,013 $ 5,519,073 20047

Federal Special Revenue Fund Group20048

3260 700618 Meat Inspection Program - Federal Share $ 4,450,000 $ 4,450,000 20049
3360 700617 Ohio Farm Loan Revolving Fund $ 150,000 $ 150,000 20050
3820 700601 Cooperative Contracts $ 4,500,000 $ 4,500,000 20051
3AB0 700641 Agricultural Easement $ 1,000,000 $ 1,000,000 20052
3J40 700607 Indirect Cost $ 1,100,000 $ 1,100,000 20053
3R20 700614 Federal Plant Industry $ 1,606,000 $ 1,606,000 20054
TOTAL FED Federal Special Revenue 20055
Fund Group $ 12,806,000 $ 12,806,000 20056

State Special Revenue Fund Group20057

4900 700651 License Plates - Sustainable Agriculture $ 10,000 $ 10,000 20058
4940 700612 Agricultural Commodity Marketing Program $ 218,000 $ 213,000 20059
4960 700626 Ohio Grape Industries $ 970,000 $ 970,000 20060
4970 700627 Commodity Handlers Regulatory Program $ 482,672 $ 482,672 20061
4C90 700605 Commercial Feed and Seed $ 1,760,000 $ 1,760,000 20062
4D20 700609 Auction Education $ 35,000 $ 35,000 20063
4E40 700606 Utility Radiological Safety $ 130,000 $ 130,000 20064
4P70 700610 Food Safety Inspection $ 1,017,328 $ 1,017,328 20065
4R00 700636 Ohio Proud Marketing $ 45,500 $ 45,500 20066
4R20 700637 Dairy Industry Inspection $ 1,738,247 $ 1,738,247 20067
4T60 700611 Poultry and Meat Inspection $ 120,000 $ 120,000 20068
5780 700620 Ride Inspection Fees $ 1,175,142 $ 1,175,142 20069
5880 700633 Brand Registration $ 5,000 $ 5,000 20070
5B80 700629 Auctioneers $ 340,000 $ 340,000 20071
5CP0 700652 License Plate Scholarships $ 10,000 $ 10,000 20072
5FC0 700648 Plant Pest Program $ 1,190,000 $ 1,190,000 20073
5H20 700608 Metrology Lab and Scale Certification $ 552,000 $ 552,000 20074
5L80 700604 Livestock Management Program $ 145,000 $ 145,000 20075
5MA0 700657 Dangerous and Restricted Animals $ 195,000 $ 195,000 20076
6520 700634 Animal and Consumer Analytical Laboratory $ 4,966,383 $ 4,966,383 20077
6690 700635 Pesticide, Fertilizer, and Lime Inspection Program $ 3,418,041 $ 3,418,041 20078
TOTAL SSR State Special Revenue 20079
Fund Group $ 18,523,313 $ 18,518,313 20080

Clean Ohio Conservation Fund Group20081

7057 700632 Clean Ohio Agricultural Easement $ 310,000 $ 310,000 20082
TOTAL CLF Clean Ohio Conservation Fund Group $ 310,000 $ 310,000 20083

TOTAL ALL BUDGET FUND GROUPS $ 52,576,557 $ 52,407,617 52,559,030 20084

       DANGEROUS AND RESTRICTED WILD ANIMALS20085

       The foregoing GRF appropriation item 700426, Dangerous and 20086
Restricted Animals, shall be used to administer the Dangerous and 20087
Restricted Wild Animal Permitting Program.20088

       COUNTY AGRICULTURAL SOCIETIES20089

       The foregoing appropriation item 700501, County Agricultural 20090
Societies, shall be used to reimburse county and independent 20091
agricultural societies for expenses related to Junior Fair 20092
activities.20093

       CLEAN OHIO AGRICULTURAL EASEMENT20094

       The foregoing appropriation item 700632, Clean Ohio 20095
Agricultural Easement, shall be used by the Department of 20096
Agriculture in administering Ohio Agricultural Easement Fund (Fund 20097
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to 20098
5301.70 of the Revised Code.20099

       Sec. 221.10. AGO ATTORNEY GENERAL20100

General Revenue Fund20101

GRF 055321 Operating Expenses $ 42,514,169 $ 43,114,169 20102
GRF 055405 Law-Related Education $ 100,000 $ 100,000 20103
GRF 055407 Tobacco Settlement Enforcement $ 1,500,000 $ 1,500,000 0 20104
GRF 055411 County Sheriffs' Pay Supplement $ 757,921 $ 757,921 20105
GRF 055415 County Prosecutors' Pay Supplement $ 831,499 $ 831,499 20106
GRF 055501 Rape Crisis Centers $ 1,000,000 $ 1,000,000 20107
TOTAL GRF General Revenue Fund $ 46,703,589 $ 47,303,589 45,803,589 20108

General Services Fund Group20109

1060 055612 General Reimbursement Attorney General Operating $ 54,806,192 $ 55,820,716 20110
1950 055660 Workers' Compensation Section $ 8,415,504 $ 8,415,504 20111
4180 055615 Charitable Foundations $ 8,286,000 $ 8,286,000 20112
4200 055603 Attorney General Antitrust $ 1,839,074 $ 1,839,074 20113
4210 055617 Police Officers' Training Academy Fee $ 500,000 $ 500,000 20114
4Z20 055609 BCI Asset Forfeiture and Cost Reimbursement $ 1,000,000 $ 1,000,000 20115
5900 055633 Peace Officer Private Security Fund $ 79,438 $ 95,325 20116
5A90 055618 Telemarketing Fraud Enforcement $ 45,000 $ 10,000 20117
5L50 055619 Law Enforcement Assistance Program $ 375,255 $ 187,627 20118
5LR0 055655 Peace Officer Training - Casino $ 4,629,409 $ 4,629,409 20119
5MP0 055657 Peace Officer Training Commission $ 25,000 $ 25,000 20120
6310 055637 Consumer Protection Enforcement $ 6,700,000 $ 6,834,000 20121
TOTAL GSF General Services Fund 20122
Group $ 86,700,872 $ 87,642,655 20123

Federal Special Revenue Fund Group20124

3060 055620 Medicaid Fraud Control $ 4,537,408 $ 4,628,156 20125
3810 055611 Civil Rights Legal Service $ 75,000 $ 35,574 20126
3830 055634 Crime Victims Assistance $ 15,000,000 $ 15,000,000 20127
3E50 055638 Attorney General Pass-Through Funds $ 599,999 $ 599,999 20128
3FV0 055656 Crime Victim Compensation $ 7,000,000 $ 7,000,000 20129
3R60 055613 Attorney General Federal Funds $ 999,999 $ 999,999 20130
TOTAL FED Federal Special Revenue 20131
Fund Group $ 28,212,406 $ 28,263,728 20132

State Special Revenue Fund Group20133

4020 055616 Victims of Crime $ 16,456,769 $ 16,456,769 20134
4190 055623 Claims Section $ 55,920,716 $ 56,937,131 20135
4L60 055606 DARE Programs $ 3,578,901 $ 3,486,209 20136
4Y70 055608 Title Defect Recision $ 600,000 $ 600,000 20137
6590 055641 Solid and Hazardous Waste Background Investigations $ 310,730 $ 310,730 20138
TOTAL SSR State Special Revenue 20139
Fund Group $ 76,867,116 $ 77,790,839 20140

Holding Account Redistribution Fund Group20141

R004 055631 General Holding Account $ 1,000,000 $ 1,000,000 20142
R005 055632 Antitrust Settlements $ 1,000 $ 1,000 20143
R018 055630 Consumer Frauds $ 750,000 $ 750,000 20144
R042 055601 Organized Crime Commission Distributions $ 25,025 $ 25,025 20145
R054 055650 Collection Payment Redistribution $ 4,500,000 $ 4,500,000 20146
TOTAL 090 Holding Account 20147
Redistribution Fund Group $ 6,276,025 $ 6,276,025 20148

Tobacco Master Settlement Agreement Fund Group20149

U087 055402 Tobacco Settlement Oversight, Administration, and Enforcement $ 500,000 $ 500,000 2,000,000 20150
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 500,000 $ 500,000 2,000,000 20151
TOTAL ALL BUDGET FUND GROUPS $ 245,260,008 $ 247,776,836 20152

       OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER20153

        Of the foregoing appropriation item 055321, Operating 20154
Expenses, $600,000 in fiscal year 2015 shall be used to create the 20155
Ohio BCI Forensic Research and Professional Training Center at 20156
Bowling Green State University. The purpose of the Center shall be 20157
to foster forensic science research techniques (BCI Eminent 20158
Scholar) and to create professional training opportunities to 20159
students (BCI Scholars) in the forensic science fields.20160

       COUNTY SHERIFFS' PAY SUPPLEMENT20161

        The foregoing appropriation item 055411, County Sheriffs' Pay 20162
Supplement, shall be used for the purpose of supplementing the 20163
annual compensation of county sheriffs as required by section 20164
325.06 of the Revised Code.20165

       At the request of the Attorney General, the Director of 20166
Budget and Management may transfer appropriation from 20167
appropriation item 055321, Operating Expenses, to appropriation 20168
item 055411, County Sheriffs' Pay Supplement. Any appropriation so 20169
transferred shall be used to supplement the annual compensation of 20170
county sheriffs as required by section 325.06 of the Revised Code.20171

       COUNTY PROSECUTORS' PAY SUPPLEMENT20172

       The foregoing appropriation item 055415, County Prosecutors' 20173
Pay Supplement, shall be used for the purpose of supplementing the 20174
annual compensation of certain county prosecutors as required by 20175
section 325.111 of the Revised Code.20176

       At the request of the Attorney General, the Director of 20177
Budget and Management may transfer appropriation from 20178
appropriation item 055321, Operating Expenses, to appropriation 20179
item 055415, County Prosecutors' Pay Supplement. Any appropriation 20180
so transferred shall be used to supplement the annual compensation 20181
of county prosecutors as required by section 325.111 of the 20182
Revised Code.20183

       CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL 20184
REIMBURSEMENT FUND20185

        Notwithstanding any other provision of law to the contrary, 20186
on July 1, 2013, or as soon as possible thereafter, the Director 20187
of Budget and Management shall transfer $80,000 cash from the 20188
General Revenue Fund to the General Reimbursement Fund (Fund 20189
1060).20190

       WORKERS' COMPENSATION SECTION20191

       The Workers' Compensation Fund (Fund 1950) is entitled to 20192
receive payments from the Bureau of Workers' Compensation and the 20193
Ohio Industrial Commission at the beginning of each quarter of 20194
each fiscal year to fund legal services to be provided to the 20195
Bureau of Workers' Compensation and the Ohio Industrial Commission 20196
during the ensuing quarter. The advance payment shall be subject 20197
to adjustment.20198

       In addition, the Bureau of Workers' Compensation shall 20199
transfer payments at the beginning of each quarter for the support 20200
of the Workers' Compensation Fraud Unit.20201

       All amounts shall be mutually agreed upon by the Attorney 20202
General, the Bureau of Workers' Compensation, and the Ohio 20203
Industrial Commission.20204

       ATTORNEY GENERAL PASS-THROUGH FUNDS20205

        The foregoing appropriation item 055638, Attorney General 20206
Pass-Through Funds, shall be used to receive federal grant funds 20207
provided to the Attorney General by other state agencies, 20208
including, but not limited to, the Department of Youth Services 20209
and the Department of Public Safety.20210

       GENERAL HOLDING ACCOUNT20211

       The foregoing appropriation item 055631, General Holding 20212
Account, shall be used to distribute moneys under the terms of 20213
relevant court orders or other settlements received in a variety 20214
of cases involving the Office of the Attorney General. If it is 20215
determined that additional amounts are necessary for this purpose, 20216
the amounts are hereby appropriated.20217

        ANTITRUST SETTLEMENTS20218

       The foregoing appropriation item 055632, Antitrust 20219
Settlements, shall be used to distribute moneys under the terms of 20220
relevant court orders or other out of court settlements in 20221
antitrust cases or antitrust matters involving the Office of the 20222
Attorney General. If it is determined that additional amounts are 20223
necessary for this purpose, the amounts are hereby appropriated.20224

       CONSUMER FRAUDS20225

        The foregoing appropriation item 055630, Consumer Frauds, 20226
shall be used for distribution of moneys from court-ordered 20227
judgments against sellers in actions brought by the Office of 20228
Attorney General under sections 1334.08 and 4549.48 and division 20229
(B) of section 1345.07 of the Revised Code. These moneys shall be 20230
used to provide restitution to consumers victimized by the fraud 20231
that generated the court-ordered judgments. If it is determined 20232
that additional amounts are necessary for this purpose, the 20233
amounts are hereby appropriated.20234

       ORGANIZED CRIME COMMISSION DISTRIBUTIONS20235

        The foregoing appropriation item 055601, Organized Crime 20236
Commission Distributions, shall be used by the Organized Crime 20237
Investigations Commission, as provided by section 177.011 of the 20238
Revised Code, to reimburse political subdivisions for the expenses 20239
the political subdivisions incur when their law enforcement 20240
officers participate in an organized crime task force. If it is 20241
determined that additional amounts are necessary for this purpose, 20242
the amounts are hereby appropriated.20243

       COLLECTION PAYMENT REDISTRIBUTION20244

        The foregoing appropriation item 055650, Collection Payment 20245
Redistribution, shall be used for the purpose of allocating the 20246
revenue where debtors mistakenly paid the client agencies instead 20247
of the Attorney General's Collections Enforcement Section. If it 20248
is determined that additional amounts are necessary for this 20249
purpose, the amounts are hereby appropriated.20250

       OHIO LAW ENFORCEMENT TRAINING FUND RECOMMENDATIONS20251

       By September 1, 2013, the Attorney General, in consultation 20252
with state and local law enforcement agencies, shall submit to the 20253
President and Minority Leader of the Senate and the Speaker and 20254
Minority Leader of the House of Representatives a report 20255
recommending how to best use moneys collected from the gross 20256
casino revenue tax, pursuant to Section 6(C)(3)(f) of Article XV, 20257
Ohio Constitution, and how to best distribute such money for the 20258
purposes of enhancing public safety and providing additional 20259
training opportunities to the law enforcement community. The 20260
report shall expressly include a recommendation for sharing a 20261
portion of such moneys with local law enforcement agencies 20262
beginning in fiscal year 2015.20263

       CASH TRANSFERS FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS 20264
FUND20265

       Notwithstanding section 512.20 of Am. Sub. H.B. 487 of the 20266
129th General Assembly, on July 1, 2014, or as soon as possible 20267
thereafter, the Director of Budget and Management may transfer up 20268
to $8,000,000 cash from the Pre-Securitization Tobacco Payments 20269
Fund (Fund 5LS0) to the Tobacco Oversight Administration and 20270
Enforcement Fund (Fund U087).20271

       Sec. 241.10. COM DEPARTMENT OF COMMERCE20272

General Services Fund Group20273

1630 800620 Division of Administration $ 6,200,000 $ 6,200,000 20274
1630 800637 Information Technology $ 6,011,977 $ 6,011,977 20275
5430 800602 Unclaimed Funds-Operating $ 7,737,546 $ 7,737,546 20276
5430 800625 Unclaimed Funds-Claims $ 64,000,000 $ 64,000,000 20277
5F10 800635 Small Government Fire Departments $ 300,000 $ 300,000 20278
TOTAL GSF General Services Fund 20279
Group $ 84,249,523 $ 84,249,523 20280

Federal Special Revenue Fund Group20281

3480 800622 Underground Storage Tanks $ 1,129,518 $ 1,129,518 20282
3480 800624 Leaking Underground Storage Tanks $ 1,556,211 $ 1,556,211 20283
TOTAL FED Federal Special Revenue 20284
Fund Group $ 2,685,729 $ 2,685,729 20285

State Special Revenue Fund Group20286

4B20 800631 Real Estate Appraisal Recovery $ 35,000 $ 35,000 20287
4H90 800608 Cemeteries $ 266,688 $ 266,688 20288
4X20 800619 Financial Institutions $ 1,854,298 $ 1,854,298 20289
5440 800612 Banks $ 6,836,589 $ 6,836,589 20290
5450 800613 Savings Institutions $ 2,259,536 $ 2,259,536 20291
5460 800610 Fire Marshal $ 17,336,990 $ 15,976,408 20292
5460 800639 Fire Department Grants $ 2,198,802 $ 2,198,802 5,198,802 20293
5470 800603 Real Estate Education/Research $ 69,655 $ 69,655 20294
5480 800611 Real Estate Recovery $ 50,000 $ 50,000 20295
5490 800614 Real Estate $ 3,310,412 $ 3,310,412 20296
5500 800617 Securities $ 4,238,814 $ 4,238,814 20297
5520 800604 Credit Union $ 3,297,888 $ 3,297,888 20298
5530 800607 Consumer Finance $ 3,481,692 $ 3,481,692 20299
5560 800615 Industrial Compliance $ 26,612,520 $ 27,104,205 20300
5FW0 800616 Financial Literacy Education $ 200,000 $ 200,000 20301
5GK0 800609 Securities Investor Education/Enforcement $ 432,150 $ 432,150 20302
5HV0 800641 Cigarette Enforcement $ 118,800 $ 118,800 20303
5LP0 800646 Liquor Regulatory Operating Expenses $ 7,988,921 $ 7,844,537 20304
5PA0 800647 Bustr Revolving Loan Program $ 0 $ 3,000,000 20305
5X60 800623 Video Service $ 337,224 $ 337,224 20306
6530 800629 UST Registration/Permit Fee $ 3,831,888 2,331,888 $ 3,612,588 2,112,588 20307
6A40 800630 Real Estate Appraiser-Operating $ 672,973 $ 672,973 20308
TOTAL SSR State Special Revenue 20309
Fund Group $ 85,430,840 83,930,840 $ 84,198,259 88,698,259 20310

Liquor Control Fund Group20311

5LC0 800644 Liquor JobsOhio Extraordinary Allowance $ 557,974 $ 372,661 20312
5LN0 800645 Liquor Operating Services $ 13,949,342 $ 9,316,535 20313
TOTAL LCF Liquor Control 20314
Fund Group $ 14,507,316 $ 9,689,196 20315
TOTAL ALL BUDGET FUND GROUPS $ 186,873,408 185,373,408 $ 180,822,707 185,322,707 20316

       ADMINISTRATIVE ASSESSMENTS20317

       Notwithstanding any other provision of law to the contrary, 20318
the Division of Administration Fund (Fund 1630) is entitled to 20319
receive assessments from all operating funds of the Department in 20320
accordance with procedures prescribed by the Director of Commerce 20321
and approved by the Director of Budget and Management.20322

       UNCLAIMED FUNDS PAYMENTS20323

       The foregoing appropriation item 800625, Unclaimed 20324
Funds-Claims, shall be used to pay claims under section 169.08 of 20325
the Revised Code. If it is determined that additional amounts are 20326
necessary, the amounts are appropriated.20327

       FIRE DEPARTMENT GRANTS20328

        Of the foregoing appropriation item 800639, Fire Department 20329
Grants, up to $2,198,802 in each fiscal year 2014 and $5,198,802 20330
in fiscal year 2015 shall be used to make annual grants to the 20331
following eligible recipients: volunteer fire departments, fire 20332
departments that serve one or more small municipalities or small 20333
townships, joint fire districts comprised of fire departments that 20334
primarily serve small municipalities or small townships, local 20335
units of government responsible for such fire departments, and 20336
local units of government responsible for the provision of fire 20337
protection services for small municipalities or small townships. 20338
For the purposes of these grants, a private fire company, as that 20339
phrase is defined in section 9.60 of the Revised Code, that is 20340
providing fire protection services under a contract to a political 20341
subdivision of the state, is an additional eligible recipient for 20342
a training grant.20343

       Eligible recipients that consist of small municipalities or 20344
small townships that all intend to contract with the same fire 20345
department or private fire company for fire protection services 20346
may jointly apply and be considered for a grant. If a joint 20347
applicant is awarded a grant, the State Fire Marshal shall, if 20348
feasible, proportionately award the grant and any equipment 20349
purchased with grant funds to each of the joint applicants based 20350
upon each applicant's contribution to and demonstrated need for 20351
fire protection services.20352

       If the grant awarded to joint applicants is an equipment 20353
grant and the equipment to be purchased cannot be readily 20354
distributed or possessed by multiple recipients, each of the joint 20355
applicants shall be awarded by the State Fire Marshal an ownership 20356
interest in the equipment so purchased in proportion to each 20357
applicant's contribution to and demonstrated need for fire 20358
protection services. The joint applicants shall then mutually 20359
agree on how the equipment is to be maintained, operated, stored, 20360
or disposed of. If, for any reason, the joint applicants cannot 20361
agree as to how jointly owned equipment is to be maintained, 20362
operated, stored, or disposed of or any of the joint applicants no 20363
longer maintain a contract with the same fire protection service 20364
provider as the other applicants, then the joint applicants shall, 20365
with the assistance of the State Fire Marshal, mutually agree as 20366
to how the jointly owned equipment is to be maintained, operated, 20367
stored, disposed of, or owned. If the joint applicants cannot 20368
agree how the grant equipment is to be maintained, operated, 20369
stored, disposed of, or owned, the State Fire Marshal may, in its 20370
discretion, require all of the equipment acquired by the joint 20371
applicants with grant funds to be returned to the State Fire 20372
Marshal. The State Fire Marshal may then award the returned 20373
equipment to any eligible recipients. For this paragraph only, an 20374
"equipment grant" also includes a MARCS Grant.20375

       Except as otherwise provided in this section, the grants 20376
shall be used by recipients to purchase firefighting or rescue 20377
equipment or gear or similar items, to provide full or partial 20378
reimbursement for the documented costs of firefighter training, 20379
or, at the discretion of the State Fire Marshal, to cover fire 20380
department costs for providing fire protection services in that 20381
grant recipient's jurisdiction. 20382

       Of the foregoing appropriation item 800639, Fire Department 20383
Grants, up to $500,000 per fiscal year may be used to pay for the 20384
State Fire Marshal's costs of providing firefighter I 20385
certification classes or other firefighter classes approved by the 20386
Department of Public Safety in accordance with section 4765.55 of 20387
the Revised Code at no cost to selected students attending the 20388
Ohio Fire Academy or other class providers approved by the State 20389
Fire Marshal. The State Fire Marshal may establish the 20390
qualifications and selection processes for students to attend such 20391
classes by written policy, and such students shall be considered 20392
eligible recipients of fire department grants for the purposes of 20393
this portion of the grant program.20394

       For purposes of this section, a MARCS Grant is a grant for 20395
systems, equipment, or services that are a part of, integrated 20396
into, or otherwise interoperable with the Multi-Agency Radio 20397
Communication System (MARCS) operated by the state.20398

       Of the foregoing appropriation item 800639, Fire Department 20399
Grants, up to $3,000,000 in fiscal year 2015 may be used for MARCS 20400
Grants. MARCS Grants may be used for the payment of user access 20401
fees by the eligible recipient to access MARCS.20402

       MARCS Grant awards may be up to $50,000 in fiscal year 2015 20403
per eligible recipient. Each eligible recipient may only apply, as 20404
a separate entity or as a part of a joint application, for one 20405
MARCS Grant per fiscal year. Eligible recipients that are or were 20406
awarded fire department grants that are not MARCS Grants may also 20407
apply for and receive MARCS Grants in accordance with criteria for 20408
the awarding of grant funds established by the State Fire Marshal.20409

       Grant awards for firefighting or rescue equipment or gear or 20410
for fire department costs of providing fire protection services 20411
shall be up to $15,000 per fiscal year, or up to $25,000 per 20412
fiscal year if an eligible entity serves a jurisdiction in which 20413
the Governor declared a natural disaster during the preceding or 20414
current fiscal year in which the grant was awarded. In addition to 20415
any grant funds awarded for rescue equipment or gear, or for fire 20416
department costs associated with the provision of fire protection 20417
services, an eligible entity may receive a grant for up to $15,000 20418
per fiscal year for full or partial reimbursement of the 20419
documented costs of firefighter training. For each fiscal year, 20420
the State Fire Marshal shall determine the total amounts to be 20421
allocated for each eligible purpose.20422

       The grant program shall be administered by the State Fire 20423
Marshal in accordance with rules the State Fire Marshal adopts as 20424
part of the state fire code adopted pursuant to section 3737.82 of 20425
the Revised Code that are necessary for the administration and 20426
operation of the grant program. The rules may further define the 20427
entities eligible to receive grants and establish criteria for the 20428
awarding and expenditure of grant funds, including methods the 20429
State Fire Marshal may use to verify the proper use of grant funds 20430
or to obtain reimbursement for or the return of equipment for 20431
improperly used grant funds. To the extent consistent with this 20432
section and until such time as the rules are updated, the existing 20433
rules in the state fire code adopted pursuant to section 3737.82 20434
of the Revised Code for fire department grants under this section 20435
apply to MARCS Grants. Any amounts in appropriation item 800639, 20436
Fire Department Grants, in excess of the amount allocated for 20437
these grants may be used for the administration of the grant 20438
program.20439

       CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND20440

       The Director of Budget and Management, upon the request of 20441
the Director of Commerce, may transfer up to $500,000 in cash from 20442
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in 20443
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to 20444
the Division of Real Estate Operating Fund (Fund 5490) during the 20445
biennium ending June 30, 2015.20446

       Sec. 257.10. DEV DEVELOPMENT SERVICES AGENCY20447

General Revenue Fund20448

GRF 195402 Coal Research Operating $ 261,205 $ 261,405 20449
GRF 195405 Minority Business Development $ 1,693,691 $ 1,693,691 20450
GRF 195407 Travel and Tourism $ 1,300,000 $ 0 20451
GRF 195415 Business Development Services $ 2,413,387 $ 2,413,387 20452
GRF 195426 Redevelopment Assistance $ 1,968,365 $ 468,365 20453
GRF 195497 CDBG Operating Match $ 1,015,000 $ 1,015,000 20454
GRF 195501 Appalachian Local Development Districts $ 440,000 $ 440,000 20455
GRF 195530 Economic Gardening Pilot Program $ 0 $ 500,000 20456
GRF 195532 Technology Programs and Grants $ 13,547,341 $ 13,547,341 15,837,841 20457
GRF 195533 Business Assistance $ 4,205,774 $ 4,205,774 20458
GRF 195535 Appalachia Assistance $ 3,846,482 $ 3,846,482 20459
GRF 195537 Ohio-Israel Agricultural Initiative $ 150,000 $ 150,000 20460
GRF 195901 Coal Research & Development General Obligation Debt Service $ 2,858,900 $ 4,327,200 20461
GRF 195905 Third Frontier Research & Development General Obligation Debt Service $ 66,511,600 61,911,600 $ 83,783,000 78,483,000 20462
GRF 195912 Job Ready Site Development General Obligation Debt Service $ 15,498,400 13,198,400 $ 19,124,500 20463
TOTAL GRF General Revenue Fund $ 115,710,145 108,810,145 $ 135,276,145 132,766,645 20464

General Services Fund Group20465

1350 195684 Development Services Operations $ 10,800,000 $ 10,800,000 20466
4W10 195646 Minority Business Enterprise Loan $ 2,500,000 $ 2,500,000 20467
5KN0 195640 Local Government Innovation $ 20,730,986 $ 21,900,000 20468
5MB0 195623 Business Incentive Grants $ 15,000,000 $ 0 20469
5MK0 195600 Vacant Facilities Grant $ 1,000,000 $ 1,000,000 20470
5W50 195690 Travel and Tourism Cooperative Projects $ 150,000 $ 150,000 20471
6850 195636 Development Services Reimbursable Expenditures $ 700,000 $ 700,000 20472
TOTAL GSF General Services Fund 20473
Group $ 50,880,986 $ 37,050,000 20474

Federal Special Revenue Fund Group20475

3080 195602 Appalachian Regional Commission $ 475,000 $ 475,000 20476
3080 195603 Housing Assistance Programs $ 10,000,000 $ 10,000,000 20477
3080 195609 Small Business Administration Grants $ 5,271,381 $ 5,271,381 20478
3080 195618 Energy Grants $ 9,307,779 $ 4,109,193 20479
3080 195670 Home Weatherization Program $ 17,000,000 $ 17,000,000 20480
3080 195671 Brownfield Redevelopment $ 5,000,000 $ 5,000,000 20481
3080 195672 Manufacturing Extension Partnership $ 5,359,305 $ 5,359,305 20482
3080 195675 Procurement Technical Assistance $ 600,000 $ 600,000 20483
3080 195681 SBDC Disability Consulting $ 1,300,000 $ 1,300,000 20484
3350 195610 Energy Programs $ 200,000 $ 200,000 20485
3AE0 195643 Workforce Development Initiatives $ 1,800,000 $ 1,800,000 20486
3DB0 195642 Federal Stimulus - Energy Efficiency & Conservation Block Grants $ 38,152 $ 0 20487
3FJ0 195626 Small Business Capital Access and Collateral Enhancement Program $ 32,046,846 $ 5,655,326 20488
3FJ0 195661 Technology Targeted Investment Program $ 12,750,410 $ 2,250,072 20489
3K80 195613 Community Development Block Grant $ 65,000,000 $ 65,000,000 20490
3K90 195611 Home Energy Assistance Block Grant $ 172,000,000 $ 172,000,000 20491
3K90 195614 HEAP Weatherization $ 22,000,000 $ 22,000,000 20492
3L00 195612 Community Services Block Grant $ 27,240,217 $ 27,240,217 20493
3V10 195601 HOME Program $ 30,000,000 $ 30,000,000 20494
TOTAL FED Federal Special Revenue 20495
Fund Group $ 417,389,090 $ 375,260,494 20496

State Special Revenue Fund Group20497

4500 195624 Minority Business Bonding Program Administration $ 74,868 $ 74,905 20498
4510 195649 Business Assistance Programs $ 6,300,800 $ 6,700,800 20499
4F20 195639 State Special Projects $ 102,145 $ 102,104 20500
4F20 195699 Utility Community Assistance $ 500,000 $ 500,000 20501
5CG0 195679 Alternative Fuel Transportation $ 750,000 $ 750,000 20502
5HR0 195526 Incumbent Workforce Training Vouchers $ 30,000,000 $ 30,000,000 20503
5HR0 195622 Defense Development Assistance $ 5,000,000 $ 5,000,000 20504
5JR0 195635 Redevelopment Program Support $ 100,000 $ 100,000 20505
5KP0 195645 Historic Rehab Operating $ 650,000 $ 650,000 20506
5LU0 195673 Racetrack Facility Community Economic Redevelopment Fund $ 12,000,000 $ 0 20507
5M40 195659 Low Income Energy Assistance (USF) $ 350,000,000 $ 350,000,000 20508
5M50 195660 Advanced Energy Loan Programs $ 8,000,000 $ 8,000,000 20509
5MH0 195644 SiteOhio Administration $ 100,000 $ 100,000 20510
5MJ0 195683 TourismOhio Administration $ 8,000,000 $ 8,000,000 9,628,321 20511
5W60 195691 International Trade Cooperative Projects $ 18,000 $ 18,000 20512
6170 195654 Volume Cap Administration $ 32,562 $ 32,562 20513
6460 195638 Low- and Moderate- Income Housing Trust Fund $ 53,000,000 $ 53,000,000 20514
TOTAL SSR State Special Revenue 20515
Fund Group $ 474,628,375 $ 463,028,371 464,656,692 20516

Facilities Establishment Fund Group20517

5S90 195628 Capital Access Loan Program $ 3,000,000 $ 3,000,000 20518
7009 195664 Innovation Ohio $ 15,000,000 $ 15,000,000 20519
7010 195665 Research and Development $ 22,000,000 $ 22,000,000 20520
7037 195615 Facilities Establishment $ 50,000,000 $ 50,000,000 20521
TOTAL 037 Facilities 20522
Establishment Fund Group $ 90,000,000 $ 90,000,000 20523

Clean Ohio Revitalization Fund20524

7003 195663 Clean Ohio Program $ 950,000 $ 950,000 20525
TOTAL 7003 Clean Ohio Revitalization Fund $ 950,000 $ 950,000 20526

Third Frontier Research & Development Fund Group20527

7011 195686 Third Frontier Operating $ 1,149,750 $ 1,149,750 20528
7011 195687 Third Frontier Research & Development Projects $ 90,850,250 $ 90,850,250 20529
7014 195620 Third Frontier Operating - Tax $ 1,700,000 $ 1,700,000 20530
7014 195692 Research & Development Taxable Bond Projects $ 38,300,000 $ 38,300,000 20531
TOTAL 011 Third Frontier Research & Development Fund Group $ 132,000,000 $ 132,000,000 20532

Job Ready Site Development Fund Group20533

7012 195688 Job Ready Site Development $ 800,000 $ 800,000 20534
TOTAL 012 Job Ready Site Development Fund Group $ 800,000 $ 800,000 20535

Tobacco Master Settlement Agreement Fund Group20536

M087 195435 Biomedical Research and Technology Transfer $ 1,896,595 $ 1,906,025 20537
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 1,896,595 $ 1,906,025 20538
TOTAL ALL BUDGET FUND GROUPS $ 1,284,255,191 1,277,355,191 $ 1,236,271,035 1,235,389,856 20539


       Sec. 257.20. COAL RESEARCH OPERATING20541

       The foregoing appropriation item 195402, Coal Research 20542
Operating, shall be used for the operating expenses of the 20543
Community Services Division in support of the Ohio Coal 20544
Development Office.20545

       TRAVEL AND TOURISM20546

       The foregoing appropriation item 195407, Travel and Tourism, 20547
shall be used for marketing the state of Ohio as a tourism 20548
destination and to support administrative expenses and contracts 20549
necessary to market Ohio.20550

        BUSINESS DEVELOPMENT SERVICES20551

       The foregoing appropriation item 195415, Business Development 20552
Services, shall be used for the operating expenses of the Business 20553
Services Division and the regional economic development offices 20554
and for grants for cooperative economic development ventures.20555

       REDEVELOPMENT ASSISTANCE20556

        The foregoing appropriation item 195426, Redevelopment 20557
Assistance, shall be used to fund the costs of administering the 20558
Clean Ohio Revitalization program and other urban revitalization 20559
programs that may be implemented by the Development Services 20560
Agency. Of the foregoing appropriation item 195426, Redevelopment 20561
Assistance, $1,500,000 in fiscal year 2014 shall be used for the 20562
Famicos Foundation.20563

       CDBG OPERATING MATCH20564

       The foregoing appropriation item 195497, CDBG Operating 20565
Match, shall be used as matching funds for grants from the United 20566
States Department of Housing and Urban Development pursuant to the 20567
Housing and Community Development Act of 1974 and regulations and 20568
policy guidelines for the programs pursuant thereto.20569

       APPALACHIAN LOCAL DEVELOPMENT DISTRICTS20570

       The foregoing appropriation item 195501, Appalachian Local 20571
Development Districts, shall be used to support four local 20572
development districts. Of the foregoing appropriation amount in 20573
each fiscal year, up to $135,000 shall be allocated to the Ohio 20574
Valley Regional Development Commission, up to $135,000 shall be 20575
allocated to the Ohio Mid-Eastern Government Association, up to 20576
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley 20577
Regional Development District, and up to $35,000 shall be 20578
allocated to the Eastgate Regional Council of Governments. Local 20579
development districts receiving funding under this section shall 20580
use the funds for the implementation and administration of 20581
programs and duties under section 107.21 of the Revised Code.20582

       ECONOMIC GARDENING TECHNICAL ASSISTANCE PILOT PROGRAM20583

       The foregoing appropriation item 195530, Economic Gardening 20584
Pilot Program, shall be used for the Economic Gardening Technical 20585
Assistance Pilot Program established in Section 757.30 of this 20586
act.20587

       TECHNOLOGY PROGRAMS AND GRANTS20588

       Of the foregoing appropriation item 195532, Technology 20589
Programs and Grants, up to $547,341 in each fiscal year shall be 20590
used for operating expenses incurred in administering the Ohio 20591
Third Frontier pursuant to sections 184.10 to 184.20 of the 20592
Revised Code; up to $13,000,000 in each fiscal year shall be used 20593
for the Thomas Edison Program pursuant to sections 122.28 to 20594
122.38 of the Revised Code, of which not more than ten per cent 20595
shall be used for operating expenses incurred in administering the 20596
program.20597

       Of the foregoing appropriation item 195532, Technology 20598
Programs and Grants, up to $1,510,000 in fiscal year 2015 shall be 20599
allocated to Connect Ohio to support the Digital Works initiative. 20600

       Of the foregoing appropriation item 195532, Technology 20601
Programs and Grants, up to $780,500 in fiscal year 2015 shall be 20602
allocated to Connect Ohio to provide broadband mapping and 20603
economic development consultation services. 20604

       BUSINESS ASSISTANCE20605

        The foregoing appropriation item 195533, Business Assistance, 20606
may be used to provide a range of business assistance, including 20607
grants to local organizations to support economic development 20608
activities that promote minority business development, small 20609
business development, entrepreneurship, and exports of Ohio's 20610
goods and services. This appropriation item shall also be used as 20611
matching funds for grants from the United States Small Business 20612
Administration and other federal agencies, pursuant to Public Law 20613
No. 96-302 as amended by Public Law No. 98-395, and regulations 20614
and policy guidelines for the programs pursuant thereto.20615

       APPALACHIA ASSISTANCE20616

       The foregoing appropriation item 195535, Appalachia 20617
Assistance, may be used for the administrative costs of planning 20618
and liaison activities for the Governor's Office of Appalachia, to 20619
provide financial assistance to projects in Ohio's Appalachian 20620
counties, and to pay dues for the Appalachian Regional Commission. 20621
These funds may be used to match federal funds from the 20622
Appalachian Regional Commission.20623

       OHIO-ISRAEL AGRICULTURE INITIATIVE20624

        The foregoing appropriation item 195537, Ohio-Israel 20625
Agricultural Initiative, shall be used for the Ohio-Israel 20626
Agricultural Initiative.20627

       COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE20628

       The foregoing appropriation line item 195901, Coal Research 20629
and Development General Obligation Debt Service, shall be used to 20630
pay all debt service and related financing costs during the period 20631
July 1, 2013, through June 30, 2015 for obligations issued under 20632
sections 151.01 and 151.07 of the Revised Code.20633

       THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT 20634
SERVICE20635

       The foregoing appropriation item 195905, Third Frontier 20636
Research & Development General Obligation Debt Service, shall be 20637
used to pay all debt service and related financing costs during 20638
the period from July 1, 2013, through June 30, 2015, on 20639
obligations issued for research and development purposes under 20640
sections 151.01 and 151.10 of the Revised Code.20641

       JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE20642

       The foregoing appropriation item 195912, Job Ready Site 20643
Development General Obligation Debt Service, shall be used to pay 20644
all debt service and related financing costs during the period 20645
from July 1, 2013, through June 30, 2015, on obligations issued 20646
for job ready site development purposes under sections 151.01 and 20647
151.11 of the Revised Code.20648

       Sec. 257.50. BUSINESS ASSISTANCE PROGRAMS20649

       The foregoing appropriation item 195649, Business Assistance 20650
Programs, shall be used for administrative expenses associated 20651
with the operation of tax credit programs, loan servicing, the 20652
Ohio Film Office, workforce initiatives, and the Office of 20653
Strategic Business Investments.20654

        STATE SPECIAL PROJECTS20655

       The State Special Projects Fund (Fund 4F20), may be used for 20656
the deposit of private-sector funds from utility companies and for 20657
the deposit of other miscellaneous state funds. State moneys so 20658
deposited may also be used to match federal housing grants for the 20659
homeless. 20660

       MINORITY BUSINESS ENTERPRISE LOAN20661

       All repayments from the Minority Development Financing 20662
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee 20663
Program shall be deposited in the State Treasury to the credit of 20664
the Minority Business Enterprise Loan Fund (Fund 4W10).20665

       MINORITY BUSINESS BONDING FUND20666

       Notwithstanding Chapters 122., 169., and 175. of the Revised 20667
Code, the Director of Development Services may, upon the 20668
recommendation of the Minority Development Financing Advisory 20669
Board, pledge up to $10,000,000 in the fiscal year 2014-fiscal 20670
year 2015 biennium of unclaimed funds administered by the Director 20671
of Commerce and allocated to the Minority Business Bonding Program 20672
under section 169.05 of the Revised Code.20673

       If needed for the payment of losses arising from the Minority 20674
Business Bonding Program, the Director of Budget and Management 20675
may, at the request of the Director of Development Services, 20676
request that the Director of Commerce transfer unclaimed funds 20677
that have been reported by holders of unclaimed funds under 20678
section 169.05 of the Revised Code to the Minority Bonding Fund 20679
(Fund 4490). The transfer of unclaimed funds shall only occur 20680
after proceeds of the initial transfer of $2,700,000 by the 20681
Controlling Board to the Minority Business Bonding Program have 20682
been used for that purpose. If expenditures are required for 20683
payment of losses arising from the Minority Business Bonding 20684
Program, such expenditures shall be made from appropriation item 20685
195658, Minority Business Bonding Contingency in the Minority 20686
Business Bonding Fund, and such amounts are hereby appropriated.20687

        INCUMBENT WORKFORCE TRAINING VOUCHERS20688

       (A) The Director of Budget and Management may transfer up to 20689
$30,000,000 cash in each fiscal year from the Economic Development 20690
Programs Fund (Fund 5JC0) used by the Board of Regents to the Ohio 20691
Incumbent Workforce Job Training Fund (Fund 5HR0) used by the 20692
Development Services Agency.20693

        (B) Of the foregoing appropriation item 195526, Incumbent 20694
Workforce Training Vouchers, up to $30,000,000 in each fiscal year 20695
shall be used to support the Ohio Incumbent Workforce Training 20696
Voucher Program. 20697

        (C) The Ohio Incumbent Workforce Training Voucher Program 20698
shall conform to guidelines for the operation of the program, 20699
including, but not limited to, the following:20700

        (1) A requirement that a training voucher under the program 20701
shall not exceed $6,000 per worker per year;20702

       (2) A provision for an employer of an eligible employee to 20703
apply for a voucher on behalf of the eligible employee;20704

        (3) A provision for an eligible employee to apply directly 20705
for a training voucher with the pre-approval of the employee's 20706
employer; and20707

        (4) A requirement that an employee participating in the 20708
program, or the employee's employer, shall pay for not less than 20709
thirty-three per cent of the training costs under the program.20710

       On July 1, 2014, or as soon as possible thereafter, the 20711
Director of Development Services may request that the Director of 20712
Budget and Management reappropriate any unexpended, unencumbered 20713
balance of the prior fiscal year's appropriation to the foregoing 20714
appropriation item 195526, Incumbent Workforce Training Vouchers, 20715
for fiscal year 2015. The Director of Budget and Management may 20716
request additional information necessary for evaluating the 20717
request, and the Director of Development Services shall provide 20718
the requested information to the Director of Budget and 20719
Management. Based on the information provided by the Director of 20720
Development Services, the Director of Budget and Management shall 20721
determine the amount to be reappropriated, and those amounts are 20722
hereby reappropriated for fiscal year 2015.20723

       DEFENSE DEVELOPMENT ASSISTANCE20724

       The Director of Budget and Management shall transfer up to 20725
$5,000,000 in cash in each fiscal year from the Economic 20726
Development Programs Fund (Fund 5JC0) used by the Board of Regents 20727
to the Ohio Incumbent Workforce Job Training Fund (Fund 5HR0) used 20728
by the Development Services Agency. The transferred funds shall be 20729
used for appropriation item 195622, Defense Development 20730
Assistance, for economic development programs and the creation of 20731
new jobs to leverage and support mission gains at Department of 20732
Defense facilities in Ohio by working with future base realignment 20733
and closure activities and ongoing Department of Defense 20734
efficiency initiatives, assisting efforts to secure Department of 20735
Defense support contracts for Ohio companies, assessing and 20736
supporting regional job training and workforce development needs 20737
generated by the Department of Defense and the Ohio aerospace 20738
industry, and for expanding job training and economic development 20739
programs in human performance related initiatives. A portion of 20740
these funds shall be matched in the aggregate amount of $5,000,000 20741
by either public or private industry partners, educational 20742
entities, or federal agencies.20743

       Of the foregoing appropriation item 195622, Defense 20744
Development Assistance, $3,000,000 shall be used by Applied 20745
Research Corporation to support education or research projects 20746
conducted by public-private partnerships in Ohio that seek to 20747
develop and train the workforce of Ohio in all industries.20748

       On July 1, 2014, or as soon as possible thereafter, the 20749
Director of Development Services may request that the Director of 20750
Budget and Management reappropriate any unexpended, unencumbered 20751
balance of the prior fiscal year's appropriation to the foregoing 20752
appropriation item 195622, Defense Development Assistance, for 20753
fiscal year 2015. The Director of Budget and Management may 20754
request additional information necessary for evaluating the 20755
request, and the Director of Development Services shall provide 20756
the requested information to the Director of Budget and 20757
Management. Based on the information provided by the Director of 20758
Development Services, the Director of Budget and Management shall 20759
determine the amount to be reappropriated, and those amounts are 20760
hereby reappropriated for fiscal year 2015. 20761

        ADVANCED ENERGY LOAN PROGRAMS20762

       The foregoing appropriation item 195660, Advanced Energy Loan 20763
Programs, shall be used to provide financial assistance to 20764
customers for eligible advanced energy projects for residential, 20765
commercial, and industrial business, local government, educational 20766
institution, nonprofit, and agriculture customers, and to pay for 20767
the program's administrative costs as provided in sections 4928.61 20768
to 4928.63 of the Revised Code and rules adopted by the Director 20769
of Development Services.20770

       TOURISMOHIO ADMINISTRATION20771

        Of the foregoing appropriation item 195683, TourismOhio 20772
Administration, $1,000,000 in fiscal year 2014 shall be used to 20773
administer a program established by the Development Services 20774
Agency pursuant to section 122.121 of the Revised Code.20775

       Of the foregoing appropriation item 195683, TourismOhio 20776
Administration, $250,000 in fiscal year 2014 shall be used by Lake 20777
Erie Heritage Foundation for the promotion of events relating to 20778
bicentennial celebrations of the War of 1812 and the Battle of 20779
Lake Erie.20780

       Of the foregoing appropriation item 195683, TourismOhio 20781
Administration, $500,000 in fiscal year 2015 shall be used to 20782
support the 2015 Major League Baseball All-Star Game in 20783
Cincinnati.20784

       VOLUME CAP ADMINISTRATION20785

       The foregoing appropriation item 195654, Volume Cap 20786
Administration, shall be used for expenses related to the 20787
administration of the Volume Cap Program. Revenues received by the 20788
Volume Cap Administration Fund (Fund 6170) shall consist of 20789
application fees, forfeited deposits, and interest earned from the 20790
custodial account held by the Treasurer of State.20791

       Sec. 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES20792

General Revenue Fund20793

GRF 320412 Protective Services $ 1,918,196 $ 1,918,196 20794
GRF 320415 Lease-Rental Payments $ 15,843,300 14,743,300 $ 16,076,700 20795
GRF 322420 Screening and Early Intervention $ 300,000 $ 300,000 20796
GRF 322451 Family Support Services $ 5,932,758 $ 5,932,758 20797
GRF 322501 County Boards Subsidies $ 44,449,280 $ 44,449,280 20798
GRF 322503 Tax Equity $ 14,000,000 $ 14,000,000 20799
GRF 322507 County Board Case Management $ 2,500,000 $ 2,500,000 20800
GRF 322508 Employment First Pilot Program $ 3,000,000 $ 3,000,000 20801
GRF 653321 Medicaid Program Support - State $ 6,186,694 $ 6,186,694 20802
GRF 653407 Medicaid Services $ 430,056,111 $ 437,574,237 20803
TOTAL GRF General Revenue Fund $ 524,186,339 523,086,339 $ 531,937,865 20804

General Services Fund Group20805

1520 653609 DC and Residential Operating Services $ 3,414,317 $ 3,414,317 20806
TOTAL GSF General Services Fund Group $ 3,414,317 $ 3,414,317 20807

Federal Special Revenue Fund Group20808

3A50 320613 DD Council $ 3,297,656 $ 3,324,187 20809
3250 322612 Community Social Service Programs $ 10,604,896 $ 10,604,896 20810
3A40 653604 DC & ICF/IID Program Support $ 8,013,611 $ 8,013,611 20811
3A40 653605 DC and Residential Services and Support $ 159,548,565 159,548,565 20812
3A40 653653 ICF/IID $ 354,712,840 $ 353,895,717 20813
3G60 653639 Medicaid Waiver Services $ 932,073,249 $ 1,025,921,683 20814
3G60 653640 Medicaid Waiver Program Support $ 36,934,303 $ 36,170,872 20815
3M70 653650 CAFS Medicaid $ 3,000,000 $ 3,000,000 20816
TOTAL FED Federal Special Revenue Fund Group $ 1,508,185,120 $ 1,600,479,531 20817

State Special Revenue Fund Group20818

5GE0 320606 Operating and Services $ 7,407,297 $ 7,407,297 20819
2210 322620 Supplement Service Trust $ 150,000 $ 150,000 20820
5DJ0 322625 Targeted Case Management Match $ 33,750,000 $ 37,260,000 20821
5DK0 322629 Capital Replacement Facilities $ 750,000 $ 750,000 20822
5H00 322619 Medicaid Repayment $ 160,000 $ 160,000 20823
5JX0 322651 Interagency Workgroup - Autism $ 45,000 45,000 20824
4890 653632 DC Direct Care Services $ 16,497,169 $ 16,497,169 20825
5CT0 653607 Intensive Behavioral Needs $ 1,000,000 $ 1,000,000 20826
5DJ0 653626 Targeted Case Management Services $ 91,740,000 $ 100,910,000 20827
5EV0 653627 Medicaid Program Support $ 685,000 $ 685,000 20828
5GE0 653606 ICF/IID and Waiver Match $ 40,353,139 $ 39,106,638 20829
5S20 653622 Medicaid Admin and Oversight $ 17,341,201 $ 19,032,154 20830
5Z10 653624 County Board Waiver Match $ 284,740,000 $ 336,480,000 20831
TOTAL SSR State Special Revenue Fund Group $ 494,618,806 $ 559,483,258 20832
TOTAL ALL BUDGET FUND GROUPS $ 2,530,404,582 2,529,304,582 $ 2,695,314,971 20833


       Sec. 263.10. EDU DEPARTMENT OF EDUCATION20835

General Revenue Fund20836

GRF 200321 Operating Expenses $ 13,142,780 $ 13,142,780 20837
GRF 200408 Early Childhood Education $ 33,318,341 $ 45,318,341 20838
GRF 200420 Information Technology Development and Support $ 4,241,296 $ 4,241,296 20839
GRF 200421 Alternative Education Programs $ 7,403,998 $ 7,403,998 12,403,998 20840
GRF 200422 School Management Assistance $ 3,000,000 $ 3,000,000 20841
GRF 200424 Policy Analysis $ 328,558 $ 328,558 20842
GRF 200425 Tech Prep Consortia Support $ 260,542 $ 260,542 20843
GRF 200426 Ohio Educational Computer Network $ 29,625,569 $ 19,625,569 20844
GRF 200427 Academic Standards $ 3,800,000 $ 3,800,000 20845
GRF 200437 Student Assessment $ 55,895,000 $ 75,895,000 20846
GRF 200439 Accountability/Report Cards $ 3,500,000 $ 3,750,000 20847
GRF 200442 Child Care Licensing $ 827,140 $ 827,140 20848
GRF 200446 Education Management Information System $ 6,833,070 $ 6,833,070 20849
GRF 200447 GED Testing $ 879,551 $ 879,551 20850
GRF 200448 Educator Preparation $ 1,136,737 $ 1,564,237 20851
GRF 200455 Community Schools and Choice Programs $ 2,438,685 $ 2,491,395 20852
GRF 200457 STEM Initiatives $ 0 $ 200,000 20853
GRF 200464 General Technology Operations $ 192,097 $ 192,097 20854
GRF 200465 Technology Integration and Professional Development $ 1,778,879 $ 1,778,879 20855
GRF 200502 Pupil Transportation $ 505,013,527 $ 521,013,527 20856
GRF 200505 School Lunch Match $ 9,100,000 $ 9,100,000 20857
GRF 200511 Auxiliary Services $ 130,499,457 $ 138,214,374 20858
GRF 200532 Nonpublic Administrative Cost Reimbursement $ 58,951,750 $ 62,436,882 20859
GRF 200540 Special Education Enhancements $ 156,871,292 $ 157,871,292 20860
GRF 200545 Career-Technical Education Enhancements $ 9,372,999 $ 9,372,999 20861
GRF 200550 Foundation Funding $ 5,808,098,389 $ 6,151,463,768 20862
GRF 200566 Literacy Improvement $ 150,000 $ 150,000 20863
GRF 200901 Property Tax Allocation - Education $ 1,138,800,000 1,126,800,000 $ 1,156,402,000 1,146,402,000 20864
TOTAL GRF General Revenue Fund $ 7,985,459,657 7,973,459,657 $ 8,397,357,295 8,392,557,295 20865

General Services Fund Group20866

1380 200606 Information Technology Development and Support $ 6,850,090 $ 6,850,090 20867
4520 200638 Fees and Refunds $ 500,000 $ 500,000 20868
4L20 200681 Teacher Certification and Licensure $ 8,313,762 $ 13,658,274 20869
5960 200656 Ohio Career Information System $ 529,761 $ 529,761 20870
5H30 200687 School District Solvency Assistance $ 25,000,000 $ 25,000,000 20871
5JC0 200629 Career Advising and Mentoring $ 0 $ 10,000,000 20872
5JC0 200654 Adult Career Opportunity Pilot Program $ 0 $ 2,500,000 20873
5KX0 200691 Ohio School Sponsorship Program $ 487,419 $ 487,419 20874
5KY0 200693 Community Schools Temporary Sponsorship $ 83,000 $ 83,000 20875
TOTAL GSF General Services 20876
Fund Group $ 41,764,032 $ 47,108,544 59,608,544 20877

Federal Special Revenue Fund Group20878

3090 200601 Neglected and Delinquent Education $ 2,168,642 $ 2,168,642 20879
3670 200607 School Food Services $ 8,200,664 $ 8,700,149 20880
3700 200624 Education of Exceptional Children $ 1,530,000 $ 1,530,000 20881
3AF0 200603 Schools Medicaid Administrative Claims $ 750,000 $ 750,000 20882
3AN0 200671 School Improvement Grants $ 20,400,000 $ 20,400,000 20883
3BK0 200628 Longitudinal Data Systems $ 1,250,000 $ 0 20884
3C50 200661 Early Childhood Education $ 14,554,749 $ 14,554,749 20885
3CG0 200646 Teacher Incentive $ 15,125,588 $ 15,183,285 20886
3D20 200667 Math Science Partnerships $ 6,000,000 $ 6,000,000 20887
3EC0 200653 Teacher Incentive - Federal Stimulus $ 1,300,000 $ 0 20888
3EH0 200620 Migrant Education $ 2,900,000 $ 2,900,000 20889
3EJ0 200622 Homeless Children Education $ 2,600,000 $ 2,600,000 20890
3EK0 200637 Advanced Placement $ 450,000 $ 450,000 20891
3EN0 200655 State Data Systems - Federal Stimulus $ 1,250,000 $ 0 20892
3FD0 200665 Race to the Top $ 136,000,000 $ 58,074,046 20893
3FN0 200672 Early Learning Challenge - Race to the Top $ 7,040,000 $ 7,040,000 20894
3GE0 200674 Summer Food Service Program $ 13,596,000 $ 14,003,800 20895
3GF0 200675 Miscellaneous Nutrition Grants $ 700,000 $ 700,000 20896
3GG0 200676 Fresh Fruit and Vegetable Program $ 4,738,000 $ 4,880,140 20897
3H90 200605 Head Start Collaboration Project $ 225,000 $ 225,000 20898
3L60 200617 Federal School Lunch $ 350,608,075 $ 361,126,273 20899
3L70 200618 Federal School Breakfast $ 108,480,590 $ 112,819,813 20900
3L80 200619 Child/Adult Food Programs $ 106,992,650 $ 110,202,428 20901
3L90 200621 Career-Technical Education Basic Grant $ 44,663,900 $ 44,663,900 20902
3M00 200623 ESEA Title 1A $ 560,000,000 $ 560,000,000 20903
3M20 200680 Individuals with Disabilities Education Act $ 443,170,050 $ 443,170,050 20904
3T40 200613 Public Charter Schools $ 500,000 $ 0 20905
3Y20 200688 21st Century Community Learning Centers $ 48,201,810 $ 50,611,900 20906
3Y60 200635 Improving Teacher Quality $ 101,900,000 $ 101,900,000 20907
3Y70 200689 English Language Acquisition $ 9,700,000 $ 9,700,000 20908
3Y80 200639 Rural and Low Income Technical Assistance $ 3,300,000 $ 3,300,000 20909
3Z20 200690 State Assessments $ 11,800,000 $ 11,800,000 20910
3Z30 200645 Consolidated Federal Grant Administration $ 7,949,280 $ 7,949,280 20911
TOTAL FED Federal Special 20912
Revenue Fund Group $ 2,038,044,998 $ 1,977,403,455 20913

State Special Revenue Fund Group20914

4540 200610 GED Testing $ 1,050,000 $ 250,000 20915
4550 200608 Commodity Foods $ 24,000,000 $ 24,000,000 20916
4R70 200695 Indirect Operational Support $ 6,600,000 $ 6,600,000 20917
4V70 200633 Interagency Program Support $ 717,725 $ 717,725 20918
5980 200659 Auxiliary Services Reimbursement $ 1,328,910 $ 1,328,910 20919
5BJ0 200626 Half-Mill Maintenance Equalization $ 19,000,000 $ 20,000,000 20920
5MM0 200677 Child Nutrition Refunds $ 500,000 $ 500,000 20921
5T30 200668 Gates Foundation Grants $ 200,000 $ 153,000 20922
5U20 200685 National Education Statistics $ 300,000 $ 300,000 20923
6200 200615 Educational Improvement Grants $ 300,000 $ 300,000 20924
TOTAL SSR State Special Revenue 20925
Fund Group $ 53,996,635 $ 54,149,635 20926

Lottery Profits Education Fund Group20927

7017 200612 Foundation Funding $ 775,500,000 $ 853,000,000 20928
7017 200648 Straight A Fund $ 100,000,000 $ 150,000,000 20929
7017 200666 EdChoice Expansion $ 8,500,000 $ 17,000,000 20930
7017 200684 Community School Facilities $ 7,500,000 $ 7,500,000 20931
TOTAL LPE Lottery Profits 20932
Education Fund Group $ 891,500,000 $ 1,027,500,000 20933

Revenue Distribution Fund Group20934

7047 200909 School District Property Tax Replacement-Business $ 482,000,000 $ 482,000,000 20935
7053 200900 School District Property Tax Replacement-Utility $ 28,000,000 $ 28,000,000 20936
TOTAL RDF Revenue Distribution 20937
Fund Group $ 510,000,000 $ 510,000,000 20938
TOTAL ALL BUDGET FUND GROUPS $ 11,520,765,322 11,508,765,322 $ 12,013,518,929 12,021,218,929 20939


       Sec. 263.40. ALTERNATIVE EDUCATION PROGRAMS20941

       Of the foregoing appropriation item 200421, Alternative 20942
Education Programs, up to $5,000,000 in fiscal year 2015 shall be 20943
used to make payments under sections 3314.38, 3317.23, 3317.24, 20944
and 3345.86 of the Revised Code as enacted by this act.20945

       The foregoingremainder of appropriation item 200421, 20946
Alternative Education Programs, shall be used for the renewal of 20947
successful implementation grants and for competitive matching 20948
grants to school districts for alternative educational programs 20949
for existing and new at-risk and delinquent youth. Programs shall 20950
be focused on youth in one or more of the following categories: 20951
those who have been expelled or suspended, those who have dropped 20952
out of school or who are at risk of dropping out of school, those 20953
who are habitually truant or disruptive, or those on probation or 20954
on parole from a Department of Youth Services facility. Grants 20955
shall be awarded only to programs in which the grant will not 20956
serve as the program's primary source of funding. These grants 20957
shall be administered by the Department of Education.20958

       The Department of Education may waive compliance with any 20959
minimum education standard established under section 3301.07 of 20960
the Revised Code for any alternative school that receives a grant 20961
under this section on the grounds that the waiver will enable the 20962
program to more effectively educate students enrolled in the 20963
alternative school.20964

       Of the foregoing appropriation item 200421, Alternative 20965
Education Programs, a portion may be used for program 20966
administration, monitoring, technical assistance, support, 20967
research, and evaluation.20968

       Sec. 263.160. STEM INITIATIVES20969

       The foregoing appropriation item 200457, STEM Initiatives, 20970
shall be used for building and equipment costs associated with the 20971
Lake County Incubator Project located on or near Lakeland 20972
Community College. The purpose of this project is to improve the 20973
workforce of Lake County and foster an environment of 20974
entrepreneurial business creation by, among other initiatives, 20975
offering programs that enhance the number of high school students 20976
that eventually enroll in and complete certificate programs in 20977
science, technology, engineering, and mathematics (STEM) fields 20978
and by offering additional dual enrollment opportunities. The 20979
building housing the project shall accommodate advanced STEM and 20980
computer coding programs, a fabrication laboratory, and medical 20981
sciences education facilities. Educational programs hosted at the 20982
building shall be delivered through a partnership between the Lake 20983
County Educational Service Center, the Auburn Career Center, and 20984
Lakeland Community College. 20985

       TECHNOLOGY INTEGRATION AND PROFESSIONAL DEVELOPMENT20986

       The foregoing appropriation item 200465, Technology 20987
Integration and Professional Development, shall be used by the 20988
Department of Education to provide grants to educational 20989
television stations working with partner education technology 20990
centers to provide Ohio public schools with instructional 20991
resources and services, with priority given to resources and 20992
services aligned with state academic content standards. Such 20993
resources and services shall be based upon the advice and approval 20994
of the Department, based on a formula used by the former eTech 20995
Ohio Commission unless and until a substitute formula is developed 20996
in consultation with Ohio's educational television stations and 20997
educational technology centers.20998

       Sec. 263.230. FOUNDATION FUNDING20999

       Of the foregoing appropriation item 200550, Foundation 21000
Funding, up to $675,000 in fiscal year 2014 shall be used to 21001
support the work of the College of Education and Human Ecology at 21002
the Ohio State University in reviewing and assessing the alignment 21003
of courses offered through the distance learning clearinghouse 21004
established in sections 3333.81 to 3333.88 of the Revised Code 21005
with the academic content standards adopted under division (A) of 21006
section 3301.079 of the Revised Code.21007

       Of the foregoing appropriation item 200550, Foundation 21008
Funding, up to $40,000,000 in each fiscal year shall be used to 21009
provide additional state aid to school districts, joint vocational 21010
school districts, community schools, and STEM schools for special 21011
education students under division (C)(3) of section 3314.08, 21012
section 3317.0214, division (B) of section 3317.16, and section 21013
3326.34 of the Revised Code, except that the Controlling Board may 21014
increase these amounts if presented with such a request from the 21015
Department of Education at the final meeting of the fiscal year.21016

        Of the foregoing appropriation item 200550, Foundation 21017
Funding, up to $2,000,000 in each fiscal year shall be reserved 21018
for Youth Services tuition payments under section 3317.024 of the 21019
Revised Code.21020

       Of the foregoing appropriation item 200550, Foundation 21021
Funding, up to $3,800,000 in each fiscal year shall be used to 21022
fund gifted education at educational service centers. The 21023
Department shall distribute the funding through the unit-based 21024
funding methodology in place under division (L) of section 21025
3317.024, division (E) of section 3317.05, and divisions (A), (B), 21026
and (C) of section 3317.053 of the Revised Code as they existed 21027
prior to fiscal year 2010.21028

       Of the foregoing appropriation item 200550, Foundation 21029
Funding, up to $43,500,000 in fiscal year 2014 and up to 21030
$40,000,000 in fiscal year 2015 shall be reserved to fund the 21031
state reimbursement of educational service centers under the 21032
section of this actAm. Sub. H.B. 59 of the 130th General Assembly21033
entitled "EDUCATIONAL SERVICE CENTERS FUNDING"; and up to 21034
$3,500,000 in each fiscal year shall be distributed to educational 21035
service centers for School Improvement Initiatives and, in 21036
consultation with the Governor's Director of 21st Century 21037
Education, for the provision of technical assistance as required 21038
by the Elementary and Secondary Education Act Flexibility waivers 21039
approved for Ohio by the United States Department of Education. 21040
Educational service centers shall be required to support districts 21041
in the development and implementation of their continuous 21042
improvement plans as required in section 3302.04 of the Revised 21043
Code and to provide technical assistance and support in accordance 21044
with Title I of the "No Child Left Behind Act of 2001," 115 Stat. 21045
1425, 20 U.S.C. 6317, as administered pursuant to the Elementary 21046
and Secondary Education Act Flexibility waivers approved for Ohio 21047
by the United States Department of Education. 21048

       Of the foregoing appropriation item 200550, Foundation 21049
Funding, up to $20,000,000 in each fiscal year shall be reserved 21050
for payments under sections 3317.026, 3317.027, and 3317.028 of 21051
the Revised Code. If this amount is not sufficient, the Department 21052
of Education shall prorate the payment amounts so that the 21053
aggregate amount allocated in this paragraph is not exceeded.21054

       Of the foregoing appropriation item 200550, Foundation 21055
Funding, up to $2,000,000 in each fiscal year shall be used to pay 21056
career-technical planning districts for the amounts reimbursed to 21057
students, as prescribed in this paragraph. Each career-technical 21058
planning district shall reimburse individuals taking the online 21059
General Educational Development (GED) test for the first time for 21060
application/test fees in excess of $40. Each career-technical 21061
planning district shall designate a site or sites where 21062
individuals may register and take the exam. For each individual 21063
that registers for the exam, the career-technical planning 21064
district shall make available and offer career counseling 21065
services, including information on adult education programs that 21066
are available. Any remaining funds in each fiscal year shall be 21067
reimbursed to the Department of Youth Services and the Department 21068
of Rehabilitation and Correction for individuals in these 21069
facilities who have taken the GED for the first time. The amounts 21070
reimbursed shall not exceed the per-individual amounts reimbursed 21071
to other individuals under this section for each section of the 21072
GED.21073

       Of the foregoing appropriation item 200550, Foundation 21074
Funding, up to $410,000 in each fiscal year shall be used to pay 21075
career-technical planning districts $500 for each student that 21076
receives a journeyman certification, as recognized by the United 21077
States Department of Labor.21078

       Of the foregoing appropriation item 200550, Foundation 21079
Funding, up to $18,713,327 in each fiscal year shall be used to 21080
support school choice programs.21081

       Of the portion of the funds distributed to the Cleveland 21082
Municipal School District under this section, up to $11,901,887 in 21083
each fiscal year shall be used to operate the school choice 21084
program in the Cleveland Municipal School District under sections 21085
3313.974 to 3313.979 of the Revised Code. Notwithstanding 21086
divisions (B) and (C) of section 3313.978 and division (C) of 21087
section 3313.979 of the Revised Code, up to $1,000,000 in each 21088
fiscal year of this amount shall be used by the Cleveland 21089
Municipal School District to provide tutorial assistance as 21090
provided in division (H) of section 3313.974 of the Revised Code. 21091
The Cleveland Municipal School District shall report the use of 21092
these funds in the district's three-year continuous improvement 21093
plan as described in section 3302.04 of the Revised Code in a 21094
manner approved by the Department of Education.21095

       Of the foregoing appropriation item 200550, Foundation 21096
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay 21097
college-preparatory boarding schools the per pupil boarding amount 21098
pursuant to section 3328.34 of the Revised Code.21099

       Of the foregoing appropriation item 200550, Foundation 21100
Funding, up to $500,000 in each fiscal year shall be used to 21101
support Jobs for Ohio's Graduates.21102

       Of the foregoing appropriation item 200550, Foundation 21103
Funding, up to $250,000 in fiscal year 2015 may be used for 21104
payment of the Post-Secondary Enrollment Options Program for 21105
students instructed at home pursuant to section 3321.04 of the 21106
Revised Code.21107

       Of the foregoing appropriation item 200550, Foundation 21108
Funding, up to $5,000,000 in fiscal year 2014 shall be used to 21109
reimburse school districts for the full amount deducted in that 21110
year under section 3310.55 of the Revised Code for Jon Peterson 21111
Scholarships awarded under sections 3310.51 to 3310.64 of the 21112
Revised Code to students who did not attend a public school in 21113
their resident district in the previous school year. If this 21114
amount is not sufficient, the Department of Education shall 21115
prorate the payment amounts so that the aggregate amount 21116
appropriated in this paragraph is not exceeded.21117

       Of the foregoing appropriation item 200550, Foundation 21118
Funding, an amount shall be available in each fiscal year to be 21119
paid to joint vocational school districts in accordance with 21120
division (A) of section 3317.16 of the Revised Code and the 21121
section of this actAm. Sub. H.B. 59 of the 130th General Assembly21122
entitled "TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL 21123
DISTRICTS."21124

       Of the foregoing appropriation item 200550, Foundation 21125
Funding, up to $700,000 in each fiscal year shall be used by the 21126
Department of Education for a program to pay for educational 21127
services for youth who have been assigned by a juvenile court or 21128
other authorized agency to any of the facilities described in 21129
division (A) of the section of this actAm. Sub. H.B. 59 of the 21130
130th General Assembly entitled "PRIVATE TREATMENT FACILITY 21131
PROJECT."21132

       Of the foregoing appropriation item 200550, Foundation 21133
Funding, up to $675,000 in fiscal year 2015 shall be used to 21134
provide grants on a competitive basis to public and chartered 21135
nonpublic schools for their participation in the electronic 21136
textbook pilot project. These funds shall be administered as 21137
provided under the section of this actAm. Sub. H.B. 59 of the 21138
130th General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.21139

       Of the foregoing appropriation item 200550, Foundation 21140
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000 21141
in fiscal year 2015 shall be used for the New Leaders for Ohio 21142
Schools Pilot Project in accordance with Section 733.40 of this 21143
actAm. Sub. H.B. 59 of the 130th General Assembly.21144

       The remainder of appropriation item 200550, Foundation 21145
Funding, shall be used to distribute the amounts calculated for 21146
formula aid under section 3317.022 of the Revised Code and the 21147
section of this actAm. Sub. H.B. 59 of the 130th General Assembly21148
entitled "TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED 21149
VILLAGE SCHOOL DISTRICTS."21150

       Appropriation items 200502, Pupil Transportation, 200540, 21151
Special Education Enhancements, and 200550, Foundation Funding, 21152
other than specific set-asides, are collectively used in each 21153
fiscal year to pay state formula aid obligations for school 21154
districts, community schools, STEM schools, college preparatory 21155
boarding schools, and joint vocational school districts under this 21156
actAm. Sub. H.B. 59 of the 130th General Assembly. The first 21157
priority of these appropriation items, with the exception of 21158
specific set-asides, is to fund state formula aid obligations. It 21159
may be necessary to reallocate funds among these appropriation 21160
items or use excess funds from other general revenue fund 21161
appropriation items in the Department of Education's budget in 21162
each fiscal year, in order to meet state formula aid obligations. 21163
If it is determined that it is necessary to transfer funds among 21164
these appropriation items or to transfer funds from other General 21165
Revenue Fund appropriations in the Department of Education's 21166
budget to meet state formula aid obligations, the Department of 21167
Education shall seek approval from the Controlling Board to 21168
transfer funds as needed.21169

       The Superintendent of Public Instruction shall make payments, 21170
transfers, and deductions, as authorized by Title XXXIII of the 21171
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and 21172
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in 21173
amounts substantially equal to those made in the prior year, or 21174
otherwise, at the discretion of the Superintendent, until at least 21175
the effective date of the amendments and enactments made to Title 21176
XXXIII by this actAm. Sub. H.B. 59 of the 130th General Assembly. 21177
If a new school district, community school, or STEM school opens 21178
prior to the effective date of this actAm. Sub. H.B. 59 of the 21179
130th General Assembly, the Department of Education shall pay to 21180
the district or school an amount of $5,000 per pupil, based upon 21181
the estimated number of students that the district or school is 21182
expected to serve. Any funds paid to districts or schools under 21183
this section shall be credited toward the annual funds calculated 21184
for the district or school after the changes made to Title XXXIII 21185
in this actAm. Sub. H.B. 59 of the 130th General Assembly are 21186
effective. Upon the effective date of changes made to Title XXXIII 21187
in this actAm. Sub. H.B. 59 of the 130th General Assembly, funds 21188
shall be calculated as an annual amount.21189

       Sec. 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND 21190
EXEMPTED VILLAGE SCHOOL DISTRICTS21191

        The Department of Education shall distribute funds within 21192
appropriation item 200550, Foundation Funding, for temporary 21193
transitional aid in each fiscal year to each qualifying city, 21194
local, and exempted village school district.21195

       (A) For fiscal years 2014 and 2015, the Department shall pay 21196
temporary transitional aid to each city, local, or exempted 21197
village school district that experiences any decrease in its state 21198
foundation funding for the current fiscal year from its 21199
transitional aid guarantee base. The amount of the temporary 21200
transitional aid payment shall equal the difference between its 21201
foundation funding for the current fiscal year and its 21202
transitional aid guarantee base. If the computation made under 21203
this division results in a negative number, the district's funding 21204
under this division shall be zero.21205

       (1) As used in this section, foundation funding for each 21206
city, local, and exempted village school district for a given 21207
fiscal year equals the sum of the amount calculated for the 21208
district under section 3317.022 of the Revised Code, as re-enacted 21209
by this actAm. Sub. H.B. 59 of the 130th General Assembly, and 21210
the amounts calculated for the district under divisions (G)(1) and 21211
(2) of section 3317.0212 of the Revised Code, as amended by this 21212
actAm. Sub. H.B. 59 of the 130th General Assembly, for that 21213
fiscal year.21214

       (2) The transitional aid guarantee base for each city, local, 21215
and exempted village school district equals the sum of the amounts 21216
computed for the district for fiscal year 2013, under Sections 21217
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the 21218
129th General Assembly. The Department of Education shall adjust, 21219
as necessary, the transitional aid guarantee base of any local 21220
school district that participates in the establishment of a joint 21221
vocational school district that begins receiving payments under 21222
section 3317.16 of the Revised Code, as re-enacted by this actAm. 21223
Sub. H.B. 59 of the 130th General Assembly, for fiscal year 2014 21224
or fiscal year 2015, but does not receive payments under Section 21225
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for 21226
fiscal year 2013. The Department shall adjust any such local 21227
school district's guarantee base according to the amounts received 21228
by the district in fiscal year 2013 for career-technical education 21229
students who attend the newly established joint vocational school 21230
district in fiscal year 2014 or fiscal year 2015.21231

       (B)(1) Notwithstanding section 3317.022 of the Revised Code, 21232
as re-enacted by this actAm. Sub. H.B. 59 of the 130th General 21233
Assembly, in fiscal year 2014, no city, local, or exempted village 21234
school district shall be allocated foundation funding that is 21235
greater than 1.0625 times the district's transitional aid 21236
guarantee base.21237

       (2) Notwithstanding section 3317.022 of the Revised Code, as 21238
re-enacted by this actAm. Sub. H.B. 59 of the 130th General 21239
Assembly, in fiscal year 2015, no city, local, or exempted village 21240
school district shall be allocated foundation funding that is 21241
greater than 1.105 times the district's fiscal year 2014 base, 21242
which is the amount computed for foundation funding for the 21243
district for fiscal year 2014 plus any amount calculated for 21244
temporary transitional aid for fiscal year 2014 under division (A) 21245
of this section and after any reductions made for fiscal year 2014 21246
under division (B)(1) of this section. The Department shall 21247
adjust, as necessary, the fiscal year 2014 base of any local 21248
school district that participates in the establishment of a joint 21249
vocational school district that begins receiving payments under 21250
section 3317.16 of the Revised Code for fiscal year 2015, but does 21251
not receive such payments for fiscal year 2014. The Department 21252
shall adjust any such local school district's fiscal year 2014 21253
base according to the amounts received by the district in fiscal 21254
year 2014 for career-technical education students who attend the 21255
newly established joint vocational school district in fiscal year 21256
2015.21257

        (3) The Department shall reduce a district's payments under 21258
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022 21259
of the Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of 21260
the 130th General Assembly, and divisions (G)(1) and (2) of 21261
section 3317.0212 of the Revised Code, as amended by this actAm. 21262
Sub. H.B. 59 of the 130th General Assembly, proportionately as 21263
necessary in order to comply with this division. If those amounts 21264
are insufficient, the Department shall proportionately reduce a 21265
district's payments under divisions (A)(3), (8), and (9) of 21266
section 3317.022 of the Revised Code, as re-enacted by this act21267
Am. Sub. H.B. 59 of the 130th General Assembly.21268

       Sec. 263.250.  TEMPORARY TRANSITIONAL AID FOR JOINT 21269
VOCATIONAL SCHOOL DISTRICTS21270

       The Department of Education shall distribute funds within 21271
appropriation item 200550, Foundation Funding, for temporary 21272
transitional aid in each fiscal year to each qualifying joint 21273
vocational school district.21274

       (A) For fiscal years 2014 and 2015, the Department shall pay 21275
temporary transitional aid to each joint vocational school 21276
district that experiences any decrease in its state core 21277
foundation funding under division (A) of section 3317.16 of the 21278
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 21279
130th General Assembly, for the current fiscal year from its 21280
transitional aid guarantee base. The amount of the temporary 21281
transitional aid payment shall equal the difference between the 21282
district's funding under division (A) of section 3317.16 of the 21283
Revised Code for the current fiscal year and its transitional aid 21284
guarantee base. If the computation made under this division 21285
results in a negative number, the district's funding under this 21286
division shall be zero.21287

       The transitional aid guarantee base for each joint vocational 21288
school district equals the amount computed for the district for 21289
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of 21290
the 129th General Assembly. The Department of Education shall 21291
establish, as necessary, the transitional aid guarantee base of 21292
any joint vocational school district that begins receiving 21293
payments under section 3317.16 of the Revised Code, as re-enacted 21294
by this actAm. Sub. H.B. 59 of the 130th General Assembly, for 21295
fiscal year 2014 or fiscal year 2015, but does not receive 21296
payments under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th 21297
General Assembly, for fiscal year 2013. The Department shall 21298
establish any such joint vocational school district's guarantee 21299
base as an amount equal to the absolute value of the sum of the 21300
associated adjustments of any local school districts' guarantee 21301
bases under Section 263.240 of this actAm. Sub. H.B. 59 of the 21302
130th General Assembly.21303

       (B)(1) Notwithstanding division (A) of section 3317.16 of the 21304
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 21305
130th General Assembly, in fiscal year 2014, no joint vocational 21306
school district shall be allocated state core foundation funding, 21307
as computed under division (A) of section 3317.16 of the Revised 21308
Code, as re-enacted by this actAm. Sub. H.B. 59 of the 130th 21309
General Assembly, that is greater than 1.0625 times the district's 21310
transitional aid guarantee base.21311

       (2) Notwithstanding division (A) of section 3317.16 of the 21312
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 21313
130th General Assembly, in fiscal year 2015, no joint vocational 21314
school district shall be allocated state core foundation funding, 21315
under division (A) of section 3317.16 of the Revised Code, as 21316
re-enacted by this actAm. Sub. H.B. 59 of the 130th General 21317
Assembly, that is greater than 1.105 times the district's fiscal 21318
year 2014 base, which is the amount computed for state core 21319
foundation funding for the district for fiscal year 2014 under 21320
division (A) of section 3317.16 of the Revised Code, as re-enacted 21321
by this actAm. Sub. H.B. 59 of the 130th General Assembly, plus 21322
any amount calculated for temporary transitional aid for fiscal 21323
year 2014 under division (A) of this section and after any 21324
reductions made for fiscal year 2014 under division (B)(1) of this 21325
section. The Department shall establish, as necessary, the fiscal 21326
year 2014 base of any joint vocational school district that begins 21327
receiving payments under section 3317.16 of the Revised Code for 21328
fiscal year 2015, but does not receive such payments for fiscal 21329
year 2014. The Department shall establish any such joint 21330
vocational school district's fiscal year 2014 base as an amount 21331
equal to the absolute value of the sum of the associated 21332
adjustments of any local school district's fiscal year 2014 base 21333
under division (B)(2) of Section 263.240 of Am. Sub. H.B. 59 of 21334
the 130th General Assembly.21335

       (3) The Department shall reduce a district's payments under 21336
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised 21337
Code, as re-enacted by this actAm. Sub. H.B. 59 of the 130th 21338
General Assembly, proportionately as necessary in order to comply 21339
with this division. If those amounts are insufficient, the 21340
Department shall proportionately reduce a district's payments 21341
under divisions (A)(2), (5), and (6) of section 3317.16 of the 21342
Revised Code, as re-enacted by this actAm. Sub. H.B. 59 of the 21343
130th General Assembly.21344

       Sec. 263.270. TEACHER CERTIFICATION AND LICENSURE21345

       The foregoing appropriation item 200681, Teacher 21346
Certification and Licensure, shall be used by the Department of 21347
Education in each year of the biennium to administer and support 21348
teacher certification and licensure activities.21349

       SCHOOL DISTRICT SOLVENCY ASSISTANCE21350

       (A) Of the foregoing appropriation item 200687, School 21351
District Solvency Assistance, $20,000,000 in each fiscal year 21352
shall be allocated to the School District Shared Resource Account 21353
and $5,000,000 in each fiscal year shall be allocated to the 21354
Catastrophic Expenditures Account. These funds shall be used to 21355
provide assistance and grants to school districts to enable them 21356
to remain solvent under section 3316.20 of the Revised Code. 21357
Assistance and grants shall be subject to approval by the 21358
Controlling Board. Except as provided under division (C) of this 21359
section, any required reimbursements from school districts for 21360
solvency assistance shall be made to the appropriate account in 21361
the School District Solvency Assistance Fund (Fund 5H30).21362

       (B) Notwithstanding any provision of law to the contrary, 21363
upon the request of the Superintendent of Public Instruction, the 21364
Director of Budget and Management may make transfers to the School 21365
District Solvency Assistance Fund (Fund 5H30) from any fund used 21366
by the Department of Education or the General Revenue Fund to 21367
maintain sufficient cash balances in Fund 5H30 in fiscal years 21368
2014 and 2015. Any cash transferred is hereby appropriated. The 21369
transferred cash may be used by the Department of Education to 21370
provide assistance and grants to school districts to enable them 21371
to remain solvent and to pay unforeseeable expenses of a temporary 21372
or emergency nature that the school district is unable to pay from 21373
existing resources. The Director of Budget and Management shall 21374
notify the members of the Controlling Board of any such transfers.21375

        (C) If the cash balance of the School District Solvency 21376
Assistance Fund (Fund 5H30) is insufficient to pay solvency 21377
assistance in fiscal years 2014 and 2015, at the request of the 21378
Superintendent of Public Instruction, and with the approval of the 21379
Controlling Board, the Director of Budget and Management may 21380
transfer cash from the Lottery Profits Education Reserve Fund 21381
(Fund 7018) to Fund 5H30 to provide assistance and grants to 21382
school districts to enable them to remain solvent and to pay 21383
unforeseeable expenses of a temporary nature that they are unable 21384
to pay from existing resources under section 3316.20 of the 21385
Revised Code. Such transfers are hereby appropriated to 21386
appropriation item 200670, School District Solvency Assistance – 21387
Lottery. Any required reimbursements from school districts for 21388
solvency assistance granted from appropriation item 200670, School 21389
District Solvency Assistance – Lottery, shall be made to Fund 21390
7018.21391

       CAREER ADVISING AND MENTORING PROGRAM21392

        The foregoing appropriation item 200629, Career Advising and 21393
Mentoring, shall be used by the State Superintendent of Public 21394
Instruction to create the Career Advising and Mentoring Grant 21395
Program. The Superintendent shall develop guidelines for the 21396
grants. The program shall award competitive matching grants to 21397
provide funding for local networks of volunteers and organizations 21398
to sponsor career advising and mentoring for students in eligible 21399
school districts. Each grant award shall match up to three times 21400
the funds allocated to the project by the local network. Eligible 21401
school districts are those with a high percentage of students in 21402
poverty, a high number of students not graduating on time, and 21403
other criteria as determined by the State Superintendent. Eligible 21404
school districts shall partner with members of the business 21405
community, civic organizations, or the faith-based community to 21406
provide sustainable career advising and mentoring services. 21407

       ADULT CAREER OPPORTUNITY PILOT PROGRAM21408

        The foregoing appropriation item 200654, Adult Career 21409
Opportunity Pilot Program, shall be used by the Superintendent of 21410
Public Instruction to award and administer planning grants for the 21411
Adult Career Opportunity Pilot Program established in section 21412
3313.902 of the Revised Code. The Superintendent may award grants 21413
of up to $500,000 to not more than five eligible institutions. The 21414
grants shall be used by selected eligible institutions to build 21415
capacity to implement the program beginning in the 2015-2016 21416
academic year.21417

        The Superintendent of Public Instruction and the Chancellor, 21418
or their designees, shall develop an application process to award 21419
these grants to eligible institutions geographically dispersed 21420
across the state. Any remaining appropriation after providing 21421
grants to eligible institutions may be used to provide technical 21422
assistance to eligible institutions receiving the grant.21423

        The Superintendent, in consultation with the Chancellor, the 21424
Governor's Office of Workforce Transformation, the Ohio 21425
Association of Community Colleges, Ohio Technical Centers, Adult 21426
Basic and Literacy Education programs, and other interested 21427
parties as deemed necessary, or their designees, shall develop 21428
recommendations for the method of funding and other associated 21429
requirements for the Adult Career Opportunity Pilot Program. The 21430
Superintendent shall provide a report of the recommendations to 21431
the Governor, the President of the Senate, and the Speaker of the 21432
House of Representatives by December 31, 2014.21433

        As used in this section, "eligible institution" has the same 21434
meaning as in section 3313.902 of the Revised Code.21435

       Sec. 263.325. (A) The Straight A Program is hereby created 21436
for fiscal years 2014 and 2015 to provide grants to city, local, 21437
exempted village, and joint vocational school districts, 21438
educational service centers, community schools established under 21439
Chapter 3314., STEM schools established under Chapter 3326., 21440
college-preparatory boarding schools established under Chapter 21441
3328. of the Revised Code, individual school buildings, education 21442
consortia (which may represent a partnership among school 21443
districts, school buildings, community schools, or STEM schools), 21444
institutions of higher education, and private entities partnering 21445
with one or more of the educational entities identified in this 21446
division for projects that aim to achieve significant advancement 21447
in one or more of the following goals:21448

       (1) Student achievement;21449

       (2) Spending reduction in the five-year fiscal forecast 21450
required under section 5705.391 of the Revised Code;21451

       (3) Utilization of a greater share of resources in the 21452
classroom.21453

       (B)(1) Grants shall be awarded by a nine-member governing 21454
board consisting of the Superintendent of Public Instruction, or 21455
the Superintendent's designee, four members appointed by the 21456
Governor, two members appointed by the Speaker of the House of 21457
Representatives, and two members appointed by the President of the 21458
Senate. The Department of Education shall provide administrative 21459
support to the board. No member shall be compensated for the 21460
member's service on the board.21461

       (2) The board shall select grant advisors with fiscal 21462
expertise and education expertise. These advisors shall evaluate 21463
proposals from grant applicants and advise the staff administering 21464
the program. No advisor shall be compensated for this service.21465

       (3) The board shall issue an annual report to the Governor, 21466
the Speaker of the House of Representatives, the President of the 21467
Senate, and the chairpersons of the House and Senate committees 21468
that primarily deal with education regarding the types of grants 21469
awarded, the grant recipients, and the effectiveness of the grant 21470
program.21471

       (4) The board shall create a grant application and publish on 21472
the Department's web site the application and timeline for the 21473
submission, review, notification, and awarding of grant proposals.21474

        (5) With the approval of the board, the Department shall 21475
establish a system for evaluating and scoring the grant 21476
applications received under this section. 21477

       (C) Each grant applicant shall submit a proposal that 21478
includes all of the following:21479

       (1) A description of the project for which the applicant is 21480
seeking a grant, including a description of how the project will 21481
have substantial value and lasting impact;21482

       (2) An explanation of how the project will be 21483
self-sustaining. If the project will result in increased ongoing 21484
spending, the applicant shall show how the spending will be offset 21485
by verifiable, credible, permanent spending reductions.21486

       (3) A description of quantifiable results of the project that 21487
can be benchmarked.21488

       If an education consortia described in division (A) of this 21489
section applies for a grant, the lead applicant shall be the 21490
school district, school building, community school, or STEM school 21491
that is a member of the consortia and shall so indicate on the 21492
grant application.21493

       (D)(1) Within seventy-five days after receiving a grant 21494
application, the board shall issue a decision on the application 21495
of "yes," "no," "hold," or "edit." In making its decision, the 21496
board shall consider whether the project has the capability of 21497
being replicated in other school districts and schools or creates 21498
something that can be used in other districts and schools. A grant 21499
awarded under this section to a school district, educational 21500
service center, community school, STEM school, college-preparatory 21501
boarding school, individual school building, institution of higher 21502
education, or private entity partnering with one or more of the 21503
educational entities identified in division (A) of this section 21504
shall not exceed $5,000,000 in each fiscal year. A grant awarded 21505
to an education consortia shall not exceed $15,000,000 in each 21506
fiscal year. The Superintendent of Public Instruction may make 21507
recommendations to the Controlling Board that these maximum 21508
amounts be exceeded. Upon Controlling Board approval, grants may 21509
be awarded in excess of these amounts.21510

       (2) If the board issues a "hold" or "edit" decision for an 21511
application, it shall, upon returning the application to the 21512
applicant, specify the process for reconsideration of the 21513
application. An applicant may work with the grant advisors and 21514
staff to modify or improve a grant application.21515

       (E) Upon deciding to award a grant to an applicant, the board 21516
shall enter into a grant agreement with the applicant that 21517
includes all of the following:21518

       (1) The content of the applicant's proposal as outlined under 21519
division (C) of this section;21520

       (2) The project's deliverables and a timetable for their 21521
completion;21522

       (3) Conditions for receiving grant funding;21523

       (4) Conditions for receiving funding in future years if the 21524
contract is a multi-year contract;21525

       (5) A provision specifying that funding will be returned to 21526
the board if the applicant fails to implement the agreement, as 21527
determined by the Auditor of State.21528

       (6) A provision specifying that the agreement may be amended 21529
by mutual agreement between the board and the applicant.21530

       (F) An advisory committee for the Straight A Program is 21531
hereby established. The committee shall consist of not more than 21532
eleven members appointed by the Governor that represent all areas 21533
of the state and different interests. The committee shall annually 21534
review the Straight A Program and provide strategic advice to the 21535
governing board and the Director of the Governor's Office of 21st 21536
Century Education.21537

        (G) Each grant awarded under this section shall be subject to 21538
approval by the Controlling Board prior to execution of the grant 21539
agreement.21540

       (H) Notwithstanding Section 503.50 of Am. Sub. H.B. 59 of the 21541
130th General Assembly, funds encumbered by recipients of grants 21542
awarded under this section may be used for grant-related expenses 21543
incurred outside of the fiscal year in which the grant is awarded 21544
and remain open for twelve months after the close of the fiscal 21545
year.21546

       Sec. 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY21547

General Revenue Fund21548

GRF 715502 Auto Emissions e-Check Program $ 10,923,093 $ 10,923,093 21549
TOTAL GRF General Revenue Fund $ 10,923,093 $ 10,923,093 21550

General Services Fund Group21551

1990 715602 Laboratory Services $ 252,153 $ 326,029 21552
2190 715604 Central Support Indirect $ 10,255,680 $ 10,255,680 21553
4A10 715640 Operating Expenses $ 2,600,000 $ 2,602,000 21554
4D50 715618 Recycled State Materials $ 50,000 $ 50,000 21555
TOTAL GSF General Services 21556
Fund Group $ 13,157,833 $ 13,233,709 21557

Federal Special Revenue Fund Group21558

3530 715612 Public Water Supply $ 2,562,578 $ 2,474,605 21559
3540 715614 Hazardous Waste Management - Federal $ 4,088,383 $ 4,088,383 21560
3570 715619 Air Pollution Control - Federal $ 6,310,203 $ 6,310,203 21561
3620 715605 Underground Injection Control - Federal $ 111,874 $ 111,874 21562
3BU0 715684 Water Quality Protection $ 16,205,000 $ 15,280,000 21563
3CS0 715688 Federal NRD Settlements $ 200,000 $ 200,000 21564
3F20 715630 Revolving Loan Fund - Operating $ 832,543 $ 1,114,543 21565
3F30 715632 Federally Supported Cleanup and Response $ 3,012,021 $ 3,012,991 21566
3FH0 715693 Diesel Emission Reduction Grants $ 10,000,000 $ 10,000,000 2,500,000 21567
3T30 715669 Drinking Water State Revolving Fund $ 2,609,198 $ 2,824,076 21568
3V70 715606 Agencywide Grants $ 600,000 $ 600,000 21569
TOTAL FED Federal Special Revenue 21570
Fund Group $ 46,531,800 $ 46,016,675 38,516,675 21571

State Special Revenue Fund Group21572

4J00 715638 Underground Injection Control $ 389,126 $ 402,697 21573
4K20 715648 Clean Air - Non Title V $ 3,165,400 $ 3,237,450 21574
4K30 715649 Solid Waste $ 15,685,342 $ 16,330,873 21575
4K40 715650 Surface Water Protection $ 6,993,800 $ 7,688,800 21576
4K40 715686 Environmental Laboratory Services $ 2,096,007 $ 2,096,007 21577
4K50 715651 Drinking Water Protection $ 6,316,772 $ 6,476,011 21578
4P50 715654 Cozart Landfill $ 100,000 $ 100,000 21579
4R50 715656 Scrap Tire Management $ 1,059,378 $ 1,070,532 21580
4R90 715658 Voluntary Action Program $ 916,690 $ 945,195 21581
4T30 715659 Clean Air - Title V Permit Program $ 14,528,885 $ 15,080,366 21582
4U70 715660 Construction and Demolition Debris $ 335,000 $ 335,000 21583
5000 715608 Immediate Removal Special Account $ 660,033 $ 660,293 21584
5030 715621 Hazardous Waste Facility Management $ 7,615,403 $ 8,224,041 21585
5050 715623 Hazardous Waste Cleanup $ 14,528,609 $ 14,933,345 21586
5050 715674 Clean Ohio Environmental Review $ 108,104 $ 108,104 21587
5320 715646 Recycling and Litter Control $ 4,514,500 $ 4,535,500 21588
5410 715670 Site Specific Cleanup $ 1,548,101 $ 1,548,101 21589
5420 715671 Risk Management Reporting $ 208,936 $ 214,826 21590
5860 715637 Scrap Tire Market Development $ 1,497,645 $ 1,497,645 21591
5BC0 715617 Clean Ohio $ 611,455 $ 611,455 21592
5BC0 715622 Local Air Pollution Control $ 2,297,980 $ 2,297,980 21593
5BC0 715624 Surface Water $ 9,614,974 $ 9,614,974 21594
5BC0 715672 Air Pollution Control $ 5,684,758 $ 5,684,758 21595
5BC0 715673 Drinking and Ground Water $ 4,863,521 $ 4,863,521 21596
5BC0 715676 Assistance and Prevention $ 695,069 $ 695,069 21597
5BC0 715677 Laboratory $ 1,358,586 $ 1,558,586 21598
5BC0 715678 Corrective Actions $ 705,423 $ 705,423 21599
5BC0 715687 Areawide Planning Agencies $ 450,000 $ 450,000 21600
5BC0 715692 Administration $ 10,582,627 $ 10,582,627 21601
5BC0 715694 Environmental Resource Coordination $ 170,000 $ 170,000 21602
5BT0 715679 C&DD Groundwater Monitoring $ 203,800 $ 203,800 21603
5CD0 715682 Clean Diesel School Buses $ 475,000 $ 475,000 21604
5H40 715664 Groundwater Support $ 128,212 $ 223,212 21605
5Y30 715685 Surface Water Improvement $ 1,800,000 $ 1,800,000 21606
6440 715631 Emergency Response Radiological Safety $ 284,266 $ 290,674 21607
6600 715629 Infectious Waste Management $ 88,764 $ 88,764 21608
6760 715642 Water Pollution Control Loan Administration $ 3,921,605 $ 3,921,605 21609
6780 715635 Air Toxic Release $ 133,636 $ 133,636 21610
6790 715636 Emergency Planning $ 2,623,252 $ 2,623,252 21611
6960 715643 Air Pollution Control Administration $ 1,100,000 $ 1,125,000 21612
6990 715644 Water Pollution Control Administration $ 345,000 $ 345,000 21613
6A10 715645 Environmental Education $ 1,350,000 $ 1,350,000 21614
TOTAL SSR State Special Revenue Fund Group $ 131,755,659 $ 135,299,122 21615

Clean Ohio Conservation Fund Group21616

5S10 715607 Clean Ohio - Operating $ 284,124 $ 284,124 21617
TOTAL CLF Clean Ohio Conservation Fund Group $ 284,124 $ 284,124 21618
TOTAL ALL BUDGET FUND GROUPS $ 202,652,509 $ 205,756,723 198,256,723 21619

       AREAWIDE PLANNING AGENCIES21620

       The Director of Environmental Protection Agency may award 21621
grants from appropriation item 715687, Areawide Planning Agencies, 21622
to areawide planning agencies engaged in areawide water quality 21623
management and planning activities in accordance with Section 208 21624
of the "Federal Clean Water Act," 33 U.S.C. 1288.21625

       CASH TRANSFERS21626

       On July 1, 2013, or as soon as possible thereafter, the 21627
Director of Budget and Management may transfer up to $11,400,000 21628
cash from the Hazardous Waste Management Fund (Fund 5030) to the 21629
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and 21630
corrective action programs that were transferred to the Division 21631
of Environmental Response and Revitalization.21632

       On July 1, 2013, or as soon as possible thereafter, the 21633
Director of Environmental Protection shall certify to the Director 21634
of Budget and Management the cash balance in the Dredge and Fill 21635
Fund (Fund 5N20). The Director of Budget and Management shall 21636
transfer the certified amount from Fund 5N20 to the Surface Water 21637
Protection Fund (Fund 4K40). Any existing encumbrances against 21638
appropriation item 715613, Dredge and Fill, shall be canceled and 21639
reestablished against appropriation item 715650, Surface Water 21640
Protection. The reestablished encumbrance amounts are hereby 21641
appropriated and Fund 5N20 is abolished.21642

       Sec. 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION21643

General Revenue Fund21644

GRF 230401 Lease Rental Payments - Cultural Facilities $ 33,106,400 $ 29,854,500 21645
GRF 230458 State Construction Management Services $ 2,495,751 $ 2,245,751 21646
GRF 230908 Common Schools General Obligation Debt Service $ 351,806,100 332,506,100 $ 377,364,700 358,364,700 21647
TOTAL GRF General Revenue Fund $ 387,408,251 368,108,251 $ 409,464,951 390,464,951 21648

General Services Fund Group21649

1310 230639 State Construction Management Operations $ 9,463,342 $ 9,463,342 21650
TOTAL GSF General Services Fund Group $ 9,463,342 $ 9,463,342 21651

State Special Revenue Fund Group21652

4T80 230603 Community Project Administration $ 200,000 $ 200,000 21653
5E30 230644 Operating Expenses $ 8,550,000 $ 8,550,000 21654
TOTAL SSR State Special Revenue 21655
Fund Group $ 8,750,000 $ 8,750,000 21656
TOTAL ALL BUDGET FUND GROUPS $ 405,621,593 386,321,593 $ 427,678,293 408,678,293 21657


       Sec. 282.30.  COMMUNITY PROJECT ADMINISTRATION21659

       The foregoing appropriation item 230603, Community Project 21660
Administration, shall be used by the Ohio Facilities Construction 21661
Commission in administering Cultural and Sports Facilities 21662
Building Fund (Fund 7030) projects pursuant to section 123.201 of 21663
the Revised Code.21664

       TRANSFERS TO CULTURAL FACILITIES ADMINISTRATION FUND21665

       By the tenth day following each calendar quarter in each 21666
fiscal year, or as soon as possible thereafter, the Director of 21667
Budget and Management shall determine the amount of cash, if any, 21668
to be transferred from the Cultural and Sports Facilities Building 21669
Fund (Fund 7030) to the Cultural Facilities Administration Fund 21670
(Fund 4T80).21671

        As soon as possible after each bond issuance made on behalf 21672
of the Facilities Construction Commission, the Director of Budget 21673
and Management shall determine the amount of cash, if any, from 21674
the bond proceeds to be transferred, after all issuance costs have 21675
been paid, from Fund 7030 to Fund 4T80.21676

       Sec. 285.10. DOH DEPARTMENT OF HEALTH21677

General Revenue Fund21678

GRF 440412 Cancer Incidence Surveillance System $ 600,000 $ 600,000 21679
GRF 440413 Local Health Departments $ 823,061 $ 823,061 21680
GRF 440416 Mothers and Children Safety Net Services $ 4,428,015 $ 4,428,015 21681
GRF 440418 Immunizations $ 8,825,829 $ 8,825,829 21682
GRF 440431 Free Clinics Safety Net Services $ 437,326 $ 437,326 21683
GRF 440438 Breast and Cervical Cancer Screening $ 823,217 $ 823,217 21684
GRF 440444 AIDS Prevention and Treatment $ 5,842,315 $ 5,842,315 21685
GRF 440451 Public Health Laboratory $ 3,655,449 $ 3,655,449 4,305,449 21686
GRF 440452 Child and Family Health Services Match $ 630,444 $ 630,444 21687
GRF 440453 Health Care Quality Assurance $ 4,874,361 $ 4,874,361 21688
GRF 440454 Environmental Health $ 1,194,634 $ 1,194,634 21689
GRF 440459 Help Me Grow $ 33,673,987 $ 33,673,987 21690
GRF 440465 Federally Qualified Health Centers $ 2,686,688 $ 2,686,688 21691
GRF 440467 Access to Dental Care $ 540,484 $ 540,484 21692
GRF 440468 Chronic Disease and Injury Prevention $ 2,447,251 $ 2,447,251 21693
GRF 440472 Alcohol Testing $ 1,100,000 $ 1,100,000 21694
GRF 440473 Tobacco Prevention and Cessation $ 1,050,000 $ 1,050,000 21695
GRF 440474 Infant Vitality $ 3,116,688 $ 3,116,688 21696
GRF 440505 Medically Handicapped Children $ 7,512,451 $ 7,512,451 21697
GRF 440507 Targeted Health Care Services Over 21 $ 1,045,414 $ 1,045,414 21698
GRF 654453 Medicaid - Health Care Quality Assurance $ 3,300,000 $ 3,300,000 21699
TOTAL GRF General Revenue Fund $ 88,607,614 $ 88,607,614 89,257,614 21700

State Highway Safety Fund Group21701

4T40 440603 Child Highway Safety $ 233,894 $ 233,894 21702
TOTAL HSF State Highway Safety 21703
Fund Group $ 233,894 $ 233,894 21704

General Services Fund Group21705

1420 440646 Agency Health Services $ 820,998 $ 820,998 21706
2110 440613 Central Support Indirect Costs $ 30,615,591 $ 31,052,469 30,052,469 21707
4730 440622 Lab Operating Expenses $ 5,000,000 $ 5,000,000 21708
6980 440634 Nurse Aide Training $ 99,265 $ 99,265 21709
TOTAL GSF General Services 21710
Fund Group $ 36,535,854 $ 36,972,732 35,972,732 21711

Federal Special Revenue Fund Group21712

3200 440601 Maternal Child Health Block Grant $ 23,889,057 $ 23,889,057 21713
3870 440602 Preventive Health Block Grant $ 6,000,000 $ 6,000,000 21714
3890 440604 Women, Infants, and Children $ 250,000,000 $ 250,000,000 21715
3910 440606 Medicare Survey and Certification $ 19,449,282 $ 19,961,405 21716
3920 440618 Federal Public Health Programs $ 134,546,304 $ 135,140,586 21717
3GD0 654601 Medicaid Program Support $ 21,126,014 $ 22,392,094 21718
TOTAL FED Federal Special Revenue 21719
Fund Group $ 455,010,657 $ 457,383,142 21720

State Special Revenue Fund Group21721

4700 440647 Fee Supported Programs $ 25,305,250 $ 25,613,586 21722
4710 440619 Certificate of Need $ 878,433 $ 878,433 21723
4770 440627 Medically Handicapped Children Audit $ 3,692,703 $ 3,692,703 21724
4D60 440608 Genetics Services $ 3,311,039 $ 3,311,039 21725
4F90 440610 Sickle Cell Disease Control $ 1,032,824 $ 1,032,824 21726
4G00 440636 Heirloom Birth Certificate $ 5,000 $ 5,000 21727
4G00 440637 Birth Certificate Surcharge $ 5,000 $ 5,000 21728
4L30 440609 HIV Care and Miscellaneous Expenses $ 8,333,164 $ 8,333,164 21729
4P40 440628 Ohio Physician Loan Repayment $ 476,870 $ 476,870 21730
4V60 440641 Save Our Sight $ 2,255,789 $ 2,255,789 21731
5B50 440616 Quality, Monitoring, and Inspection $ 878,997 $ 878,997 21732
5CN0 440645 Choose Life $ 75,000 $ 75,000 21733
5D60 440620 Second Chance Trust $ 1,151,902 $ 1,151,902 21734
5ED0 440651 Smoke Free Indoor Air $ 250,000 $ 250,000 21735
5G40 440639 Adoption Services $ 20,000 $ 20,000 21736
5PE0 440659 Breast and Cervical Cancer Services $ 0 $ 100,000 21737
5Z70 440624 Ohio Dentist Loan Repayment $ 140,000 $ 140,000 21738
6100 440626 Radiation Emergency Response $ 1,049,954 $ 1,086,098 21739
6660 440607 Medically Handicapped Children - County Assessments $ 19,739,617 $ 19,739,617 21740
TOTAL SSR State Special Revenue 21741
Fund Group $ 68,601,542 $ 68,946,022 69,046,022 21742

Holding Account Redistribution Fund Group21743

R014 440631 Vital Statistics $ 44,986 $ 44,986 21744
R048 440625 Refunds, Grants Reconciliation, and Audit Settlements $ 20,000 $ 20,000 21745
TOTAL 090 Holding Account 21746
Redistribution Fund Group $ 64,986 $ 64,986 21747

Tobacco Master Settlement Agreement Fund Group21748

5BX0 440656 Tobacco Use Prevention $ 1,450,000 $ 1,450,000 6,350,000 21749
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 1,450,000 $ 1,450,000 6,350,000 21750
TOTAL ALL BUDGET FUND GROUPS $ 650,504,547 $ 653,658,390 658,308,390 21751


       Sec. 285.20.  MOTHERS AND CHILDREN SAFETY NET SERVICES21753

        Of the foregoing appropriation item 440416, Mothers and 21754
Children Safety Net Services, $200,000 in each fiscal year shall 21755
be used to assist families with hearing impaired children under 21756
twenty-one years of age in purchasing hearing aids. The Director 21757
of Health shall adopt rules governing the distribution of these 21758
funds, including rules that do both of the following: (1) 21759
establish eligibility criteria to include families with incomes at 21760
or below four hundred per cent of the federal poverty guidelines 21761
as defined in section 5101.46 of the Revised Code, and (2) develop 21762
a sliding scale of disbursements under this section based on 21763
family income. The Director may adopt other rules as necessary to 21764
implement this section. Rules adopted under this section shall be 21765
adopted in accordance with Chapter 119. of the Revised Code.21766

        The Department shall disburse all of the funds appropriated 21767
under this section.21768

        HIV/AIDS PREVENTION/TREATMENT21769

       The foregoing appropriation item 440444, AIDS Prevention and 21770
Treatment, shall be used to assist persons with HIV/AIDS in 21771
acquiring HIV-related medications and to administer educational 21772
prevention initiatives.21773

       PUBLIC HEALTH LABORATORY21774

       A portion of the foregoing appropriation item 440451, Public 21775
Health Laboratory, shall be used for coordination and management 21776
of prevention program operations and the purchase of drugs for 21777
sexually transmitted diseases.21778

       HELP ME GROW21779

       The foregoing appropriation item 440459, Help Me Grow, shall 21780
be used by the Department of Health to implement the Help Me Grow 21781
Program. Funds shall be distributed to counties through 21782
agreements, contracts, grants, or subsidies in accordance with 21783
section 3701.61 of the Revised Code. Appropriation item 440459, 21784
Help Me Grow, may be used in conjunction with other early 21785
childhood funds and services to promote the optimal development of 21786
young children and family-centered programs and services that 21787
acknowledge and support the social, emotional, cognitive, 21788
intellectual, and physical development of children and the vital 21789
role of families in ensuring the well-being and success of 21790
children. The Department of Health shall enter into interagency 21791
agreements with the Department of Education, Department of 21792
Developmental Disabilities, Department of Job and Family Services, 21793
and Department of Mental Health and Addiction Services to ensure 21794
that all early childhood programs and initiatives are coordinated 21795
and school linked.21796

       The foregoing appropriation item 440459, Help Me Grow, may 21797
also be used for the Developmental Autism and Screening Program.21798

       INFANT VITALITY21799

       The foregoing appropriation item 440474, Infant Vitality, 21800
shall be used to fund the following projects, which are hereby 21801
created: 21802

       (A) The Infant Safe Sleep Campaign to educate parents and 21803
caregivers with a uniform message regarding safe sleep 21804
environments; 21805

       (B) The Progesterone Prematurity Prevention Project to enable 21806
prenatal care providers to identify, screen, treat, and track 21807
outcomes for women eligible for progesterone supplementation; and 21808

       (C) The Prenatal Smoking Cessation Project to enable prenatal 21809
care providers who work with women of reproductive age, including 21810
pregnant women, to have the tools, training, and technical 21811
assistance needed to treat smokers effectively. 21812

       TARGETED HEALTH CARE SERVICES OVER 2121813

       The foregoing appropriation item 440507, Targeted Health Care 21814
Services Over 21, shall be used to administer the Cystic Fibrosis 21815
Program and to implement the Hemophilia Insurance Premium Payment 21816
Program.21817

       The foregoing appropriation item 440507, Targeted Health Care 21818
Services Over 21, shall also be used to provide essential 21819
medications and to pay the copayments for drugs approved by the 21820
Department of Health and covered by Medicare Part D that are 21821
dispensed to Bureau for Children with Medical Handicaps (BCMH) 21822
participants for the Cystic Fibrosis Program.21823

       The Department shall expend all of these funds.21824

       CASH TRANSFERS TO THE MEDICAID FUND21825

        On July 1, 2013, or as soon as possible thereafter, the 21826
Director of Health shall certify to the Director of Budget and 21827
Management the cash balance relating to Medicaid restructuring in 21828
the following funds, all used by the Department of Health: the 21829
General Operations Fund (Fund 4700); the General Operations Fund 21830
(Fund 1420); the General Operations Fund (Fund 3920); and the 21831
Medicaid/Medicare Fund (Fund 3910). Upon receiving this 21832
certification, the Director of Budget and Management may transfer 21833
the amount certified to the Medicaid Fund (Fund 3GD0), used by the 21834
Department of Health. If this transfer occurs, the Director of 21835
Budget and Management shall cancel any existing encumbrances 21836
pertaining to Medicaid in appropriation items 440647, Fee 21837
Supported Programs, 440646, Agency Health Services, 440618, 21838
Federal Public Health Programs, and 440606, Medicare Survey and 21839
Certification, and reestablish them against appropriation item 21840
654601, Medicaid Program Support. The reestablished encumbrance 21841
amounts are hereby appropriated.21842

       GENETICS SERVICES21843

       The foregoing appropriation item 440608, Genetics Services 21844
(Fund 4D60), shall be used by the Department of Health to 21845
administer programs authorized by sections 3701.501 and 3701.502 21846
of the Revised Code. None of these funds shall be used to counsel 21847
or refer for abortion, except in the case of a medical emergency.21848

       MEDICALLY HANDICAPPED CHILDREN AUDIT21849

       The Medically Handicapped Children Audit Fund (Fund 4770) 21850
shall receive revenue from audits of hospitals and recoveries from 21851
third-party payers. Moneys may be expended for payment of audit 21852
settlements and for costs directly related to obtaining recoveries 21853
from third-party payers and for encouraging Medically Handicapped 21854
Children's Program recipients to apply for third-party benefits. 21855
Moneys also may be expended for payments for diagnostic and 21856
treatment services on behalf of medically handicapped children, as 21857
defined in division (A) of section 3701.022 of the Revised Code, 21858
and Ohio residents who are twenty-one or more years of age and who 21859
are suffering from cystic fibrosis or hemophilia. Moneys may also 21860
be expended for administrative expenses incurred in operating the 21861
Medically Handicapped Children's Program.21862

       MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS21863

       The foregoing appropriation item 440607, Medically 21864
Handicapped Children - County Assessments (Fund 6660), shall be 21865
used to make payments under division (E) of section 3701.023 of 21866
the Revised Code.21867

       CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO 21868
THE TOBACCO USE PREVENTION FUND21869

       On July 1, 2013, or as soon as possible thereafter, the 21870
Director of Budget and Management shall transfer $2,439,230 cash 21871
from the Public Health Priorities Trust Fund (Fund L087) to the 21872
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating 21873
needs of the Department of Health's tobacco enforcement and 21874
cessation efforts.21875

       CASH TRANSFER FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS 21876
FUND TO THE TOBACCO USE PREVENTION FUND21877

       Notwithstanding Section 512.20 of Am. Sub. H.B. 487 of the 21878
129th General Assembly, on July 1, 2014, or as soon as possible 21879
thereafter, the Director of Budget and Management may transfer 21880
cash determined to be in excess of the tobacco enforcement needs 21881
of the Attorney General from the Pre-Securitization Tobacco 21882
Payments Fund (Fund 5LS0) to the Tobacco Use Prevention Fund (Fund 21883
5BX0).21884

       Sec. 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES21885

General Revenue Fund21886

GRF 600321 Program Support $ 31,320,964 $ 31,109,751 21887
GRF 600410 TANF State/Maintenance of Effort $ 152,386,934 $ 152,386,934 21888
GRF 600413 Child Care State/Maintenance of Effort $ 84,732,730 $ 84,732,730 21889
GRF 600416 Information Technology Projects $ 54,223,871 $ 54,184,700 21890
GRF 600420 Child Support Programs $ 6,498,667 $ 6,591,048 21891
GRF 600421 Family Assistance Programs $ 3,161,930 $ 3,161,930 21892
GRF 600423 Families and Children Programs $ 6,384,514 $ 6,542,517 21893
GRF 600442 Healthier Buckeye Grants $ 0 $ 2,400,000 21894
GRF 600502 Child Support - Local $ 23,814,103 $ 23,814,103 21895
GRF 600511 Disability Financial Assistance $ 22,000,000 $ 22,000,000 21896
GRF 600521 Family Assistance - Local $ 41,132,751 $ 41,132,751 42,932,751 21897
GRF 600523 Family and Children Services $ 54,255,323 $ 54,255,323 65,455,323 21898
GRF 600528 Adoption Services 21899
State $ 28,623,389 $ 28,623,389 21900
Federal $ 38,202,557 $ 38,202,557 21901
Adoption Services Total $ 66,825,946 $ 66,825,946 21902
GRF 600533 Child, Family, and Adult Community & Protective Services $ 13,500,000 $ 13,500,000 21903
GRF 600534 Adult Protective Services $ 500,000 $ 500,000 10,500,000 21904
GRF 600535 Early Care and Education $ 123,596,474 $ 123,596,474 21905
GRF 600540 Food Banks $ 6,000,000 $ 6,000,000 21906
GRF 600541 Kinship Permanency Incentive Program $ 3,500,000 $ 3,500,000 21907
GRF 600545 Workforce Pilot Program $ 0 $ 3,000,000 21908
GRF 655522 Medicaid Program Support - Local $ 38,267,970 $ 38,267,970 21909
GRF 655523 Medicaid Program Support - Local Transportation $ 30,680,495 $ 30,680,495 21910
TOTAL GRF General Revenue Fund 21911
State $ 724,580,115 $ 724,580,115 752,980,115 21912
Federal $ 38,202,557 $ 38,202,557 21913
GRF Total $ 762,782,672 $ 762,782,672 791,182,672 21914

General Services Fund Group21915

4A80 600658 Public Assistance Activities $ 34,000,000 $ 34,000,000 21916
5DM0 600633 Administration & Operating $ 19,660,339 $ 19,660,339 21917
5HC0 600695 Unemployment Compensation Interest $ 60,000,000 $ 60,000,000 21918
5HL0 600602 State and County Shared Services $ 3,020,000 $ 3,020,000 21919
TOTAL GSF General Services 21920
Fund Group $ 124,780,339 $ 116,773,328 21921

Federal Special Revenue Fund Group21922

3270 600606 Child Welfare $ 29,769,866 $ 29,769,866 21923
3310 600615 Veterans Programs $ 8,000,000 $ 8,000,000 21924
3310 600624 Employment Services Programs $ 26,000,000 $ 26,000,000 21925
3310 600686 Workforce Programs $ 6,260,000 $ 6,260,000 21926
3840 600610 Food Assistance Programs $ 209,333,246 $ 180,381,394 21927
3850 600614 Refugee Services $ 12,564,952 $ 12,564,952 21928
3950 600616 Federal Discretionary Grants $ 2,259,264 $ 2,259,264 21929
3960 600620 Social Services Block Grant $ 47,000,000 $ 47,000,000 21930
3970 600626 Child Support - Federal $ 235,000,000 $ 235,000,000 21931
3980 600627 Adoption Program - Federal $ 174,178,779 $ 174,178,779 21932
3A20 600641 Emergency Food Distribution $ 5,000,000 $ 5,000,000 21933
3D30 600648 Children's Trust Fund Federal $ 3,477,699 $ 3,477,699 21934
3F01 655624 Medicaid Program Support $ 110,680,495 $ 110,680,495 21935
3H70 600617 Child Care Federal $ 241,987,805 $ 222,212,089 21936
3N00 600628 Foster Care Program - Federal $ 311,968,616 $ 311,968,616 21937
3S50 600622 Child Support Projects $ 534,050 $ 534,050 21938
3V00 600688 Workforce Investment Act Programs $ 136,000,000 $ 136,000,000 21939
3V40 600678 Federal Unemployment Programs $ 182,814,212 $ 182,814,212 21940
3V40 600679 UC Review Commission - Federal $ 6,185,788 $ 6,185,788 21941
3V60 600689 TANF Block Grant $ 777,957,809 $ 790,304,845 21942
TOTAL FED Federal Special Revenue 21943
Fund Group $ 2,526,972,581 $ 2,490,592,049 21944

State Special Revenue Fund Group21945

1980 600647 Children's Trust Fund $ 5,873,848 $ 5,873,848 21946
4A90 600607 Unemployment Compensation Administration Fund $ 9,006,000 $ 9,006,000 12,506,000 21947
4E70 600604 Family and Children Services Collections $ 400,000 $ 400,000 21948
4F10 600609 Family and Children Activities $ 683,549 $ 683,549 21949
5DB0 600637 Military Injury Relief Subsidies $ 2,000,000 $ 2,000,000 21950
5DP0 600634 Adoption Assistance Loan $ 500,000 $ 500,000 21951
5ES0 600630 Food Bank Assistance $ 500,000 $ 500,000 21952
5KU0 600611 Unemployment Compensation Support - Other Sources $ 2,000,000 $ 2,000,000 21953
5NG0 600660 Victims of Human Trafficking $ 100,000 $ 100,000 21954
5U60 600663 Family and Children Support $ 4,000,000 $ 4,000,000 21955
TOTAL SSR State Special Revenue 21956
Fund Group $ 25,063,397 $ 25,063,397 28,563,397 21957

Agency Fund Group21958

1920 600646 Child Support Intercept - Federal $ 129,250,000 $ 129,250,000 21959
5830 600642 Child Support Intercept - State $ 14,000,000 $ 14,000,000 21960
5B60 600601 Food Assistance Intercept $ 1,000,000 $ 1,000,000 21961
TOTAL AGY Agency Fund Group $ 144,250,000 $ 144,250,000 21962

Holding Account Redistribution Fund Group21963

R012 600643 Refunds and Audit Settlements $ 2,200,000 $ 2,200,000 21964
R013 600644 Forgery Collections $ 10,000 $ 10,000 21965
TOTAL 090 Holding Account Redistribution Fund Group $ 2,210,000 $ 2,210,000 21966
TOTAL ALL BUDGET FUND GROUPS $ 3,586,058,989 $ 3,541,671,446 3,573,571,446 21967


       Sec. 301.40. COUNTYHEALTHIER BUCKEYE GRANTS21969

        The foregoing appropriation item 600442, Healthier Buckeye 21970
Grants, shall be used for the Healthier Buckeye Grant Program. Up 21971
to $120,000 in fiscal year 2015 may be used by the Ohio Healthier 21972
Buckeye Council to receive administrative support from the Office 21973
of Human Services Innovation or through that Office from another 21974
state department.21975

       COUNTY ADMINISTRATIVE FUNDS21976

       (A) The foregoing appropriation item 600521, Family 21977
Assistance - Local, may be provided to county departments of job 21978
and family services to administer food assistance and disability 21979
assistance programs. 21980

       (B) The foregoing appropriation item 655522, Medicaid Program 21981
Support - Local, may be provided to county departments of job and 21982
family services to administer the Medicaid program and the State 21983
Children's Health Insurance program. 21984

       (C) At the request of the Director of Job and Family 21985
Services, the Director of Budget and Management may transfer 21986
appropriations between appropriation item 600521, Family 21987
Assistance - Local, and appropriation item 655522, Medicaid 21988
Program Support - Local, in order to ensure county administrative 21989
funds are expended from the proper appropriation item. 21990

       (D) If receipts credited to the Medicaid Program Support Fund 21991
(Fund 3F01) and the Supplemental Nutrition Assistance Program Fund 21992
(Fund 3840) exceed the amounts appropriated, the Director of Job 21993
and Family Services shall request the Director of Budget and 21994
Management to authorize expenditures from those funds in excess of 21995
the amounts appropriated. Upon approval of the Director of Budget 21996
and Management, the additional amounts are hereby appropriated.21997

       FAMILY ASSISTANCE-LOCAL21998

       Of the foregoing appropriation item 600521, Family Assistance 21999
- Local, $1,500,000 in fiscal year 2015 shall be allocated to the 22000
Putnam County YMCA in the city of Ottawa.22001

        Of the foregoing appropriation item 600521, Family 22002
Assistance-Local, $300,000 in fiscal year 2015 shall be allocated 22003
to the Jewish Federation of Cincinnati to provide operating funds 22004
for the Mayerson Jewish Community Center, Jewish Family Service of 22005
Cincinnati, and Dream Homes, Inc.22006

       WORKFORCE PILOT PROGRAM22007

       The foregoing appropriation item 600545, Workforce Pilot 22008
Program, shall be used for the Workforce Training Pilot Program 22009
for the Economically Disadvantaged.22010

       Sec. 301.143. CHILDREN'S CRISIS CARE FACILITIES22011

        Of the foregoing appropriation item 600523, Family and 22012
Children Services, $150,000 in each fiscal year shall be provided 22013
to children's crisis care facilities, as defined in section 22014
5103.13 of the Revised Code. The Director of Job and Family 22015
Services shall allocate funds based on the number of children at 22016
each facility. A children's crisis care facility may decline to 22017
receive funds provided for under this section. A children's crisis 22018
care facility that accepts funds provided under this section shall 22019
use the funds in accordance with section 5103.13 of the Revised 22020
Code and rules in section 5101:2-9-36 of the Administrative Code.22021

       STATE CHILD PROTECTION ALLOCATION22022

       (A) Of the foregoing appropriation item 600523, Family and 22023
Children Services, $10,000,000 in fiscal year 2015 shall be used 22024
as follows:22025

       (1) Up to $3,200,000 shall be used to match eligible federal 22026
Title IV-B ESSA funds and federal Title IV-E Chafee funds 22027
allocated to public children services agencies.22028

       (2) 75 per cent of the remaining funds shall be allocated to 22029
public children services agencies in accordance with section 22030
5101.14 of the Revised Code.22031

       (3) 25 per cent of the remaining funds shall be allocated to 22032
counties identified by the Department of Job and Family Services 22033
as hardship counties, in amounts determined by the Department, 22034
based on the county hardship ranking established by the Department 22035
under division (C) of this section.22036

       (B) The Department shall provide to public children services 22037
agencies that receive funding under division (A)(2) of this 22038
section information regarding evidence-informed strategies and 22039
offer technical and other assistance to agencies that adopt 22040
suggested strategies. Each public children services agency 22041
receiving funding under that division shall review its programs, 22042
identify agency needs, and select strategies to implement to 22043
improve outcomes. An agency may implement evidence-informed 22044
strategies that are not part of the strategies provided by the 22045
Department under this division, but shall be required to implement 22046
and collect outcome data about those strategies without assistance 22047
from the Department. 22048

       (C) To determine the counties that are to receive funding 22049
under division (A)(3) of this section, the Department shall adopt 22050
rules in accordance with section 111.15 of the Revised Code to 22051
establish a county hardship ranking. When adopting the rules, the 22052
Department shall consider the following:22053

       (1) The number of children residing in the county based on 22054
the most recent decennial federal census;22055

       (2) The percentage of children living in poverty in the 22056
county, based on the most recent data;22057

       (3) The county's average unemployment rate for the 22058
immediately preceding fiscal year;22059

       (4) The county's average real estate property values for the 22060
immediately preceding fiscal year;22061

       (5) The amount of taxes collected by the county in the 22062
immediately preceding fiscal year;22063

       (6) The amount of the county's public children services 22064
agency annual expenditures in the immediately preceding fiscal 22065
year.22066

       (D)(1) Funds received under division (A)(3) of this section 22067
shall supplement, not replace, county funds spent on childrens' 22068
services. A county that receives funds under division (A)(3) of 22069
this section shall not reduce its annual expenditures for 22070
childrens' services below the average amount spent on childrens' 22071
services for the immediately preceding three fiscal years. The 22072
Department shall reduce the amount allocated to a county that 22073
reduces its spending below the average amount spent in the 22074
immediately preceding three fiscal years.22075

       (2) The Department may waive the requirements of division 22076
(D)(1) of this section if the county presents to the Department 22077
evidence of events that have led to a significant change to the 22078
county's fiscal stability, including the loss of a major local 22079
employer or other negative impacts to the local base of taxation.22080

       CHILD PLACEMENT LEVEL OF CARE TOOL PILOT PROGRAM22081

       Of the foregoing appropriation item 600523, Family and 22082
Children Services, $1,200,000 in fiscal year 2015 shall be used to 22083
fund the Child Placement Level of Care Tool Pilot Program.22084

       Sec. 323.10. MCD DEPARTMENT OF MEDICAID22085

General Revenue Fund22086

GRF 651425 Medicaid Program Support - State $ 177,071,199 $ 180,446,636 22087
GRF 651525 Medicaid/Health Care Services 22088
State $ 4,739,421,777 $ 5,097,244,293 5,097,769,249 22089
Federal $ 8,961,692,337 $ 9,502,550,748 9,503,467,185 22090
Medicaid/Health Care Services Total $ 13,701,114,114 $ 14,599,795,041 14,601,236,434 22091
GRF 651526 Medicare Part D $ 309,349,142 $ 313,020,518 22092
TOTAL GRF General Revenue Fund 22093
State $ 5,225,842,118 $ 5,590,711,447 5,591,236,403 22094
Federal $ 8,961,692,337 $ 9,502,550,748 9,503,467,185 22095
GRF Total $ 14,187,534,455 $ 15,093,262,195 15,094,703,588 22096

General Services Fund Group22097

5DL0 651639 Medicaid Services - Recoveries $ 462,900,000 $ 514,700,000 22098
5FX0 651638 Medicaid Services - Payment Withholding $ 6,000,000 $ 6,000,000 22099
TOTAL GSF General Services Fund Group $ 468,900,000 $ 520,700,000 22100

Federal Special Revenue Fund Group 22101

3ER0 651603 Medicaid Health Information Technology $ 123,074,778 $ 123,089,606 22102
3F00 651623 Medicaid Services - Federal $ 2,965,609,943 $ 3,196,808,545 22103
3F00 651624 Medicaid Program Support - Federal $ 565,046,401 $ 454,423,399 22104
3FA0 651680 Health Care Grants - Federal $ 45,400,000 $ 44,500,000 22105
3G50 651655 Medicaid Interagency Pass-Through $ 1,712,881,658 $ 1,895,403,348 22106
TOTAL FED Federal Special Revenue Fund Group $ 5,412,012,780 $ 5,714,224,898 22107

State Special Revenue Fund Group22108

4E30 651605 Resident Protection Fund $ 2,878,319 $ 2,878,319 22109
5AJ0 651631 Money Follows the Person $ 5,555,000 $ 4,517,500 22110
5GF0 651656 Medicaid Services - Hospitals/UPL $ 531,273,601 $ 531,273,601 22111
5KC0 651682 Health Care Grants - State $ 10,000,000 $ 10,000,000 22112
5R20 651608 Medicaid Services - Long Term Care $ 398,000,000 $ 398,000,000 22113
5U30 651654 Medicaid Program Support $ 54,305,843 $ 37,903,126 22114
6510 651649 Medicaid Services - HCAP $ 215,527,947 $ 215,314,482 22115
TOTAL SSR State Special Revenue Fund Group $ 1,217,540,710 $ 1,199,887,028 22116

Holding Account Redistribution Fund Group22117

R055 651644 Refunds and Reconciliations $ 1,000,000 $ 1,000,000 22118
TOTAL 090 Holding Account Redistribution Fund Group $ 1,000,000 $ 1,000,000 22119
TOTAL ALL BUDGET FUND GROUPS $ 21,286,987,945 $ 22,529,074,121 22,530,515,514 22120


       Sec. 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION 22122
SERVICES22123

General Revenue Fund22124

GRF 333321 Central Administration $ 13,495,337 $ 13,486,290 22125
GRF 333402 Resident Trainees $ 450,000 $ 450,000 22126
GRF 333415 Lease-Rental Payments $ 15,843,300 14,743,300 $ 16,076,700 22127
GRF 333416 Research Program Evaluation $ 321,998 $ 321,998 22128
GRF 334412 Hospital Services $ 190,514,437 $ 190,514,437 22129
GRF 334506 Court Costs $ 784,210 $ 784,210 22130
GRF 335405 Family & Children First $ 1,386,000 $ 1,386,000 22131
GRF 335406 Prevention and Wellness $ 868,659 $ 868,659 22132
GRF 335421 Continuum of Care Services $ 77,733,742 $ 77,633,742 22133
GRF 335422 Criminal Justice Services $ 4,917,898 $ 4,917,898 22134
GRF 335504 Community Innovations $ 6,500,000 $ 1,500,000 22135
GRF 335506 Residential State Supplement $ 7,502,875 $ 7,502,875 22136
GRF 335507 Community Behavioral Health $ 47,500,000 $ 47,500,000 22137
GRF 652507 Medicaid Support $ 1,727,553 $ 1,736,600 22138
TOTAL GRF General Revenue Fund $ 369,546,009 368,446,009 $ 364,679,409 22139

General Services Fund Group22140

1490 333609 Central Office Operating $ 1,343,190 $ 1,343,190 22141
5T90 333641 Problem Gambling Services - Administration $ 60,000 $ 60,000 22142
1490 334609 Hospital - Operating Expenses $ 28,190,000 $ 28,190,000 30,190,000 22143
1500 334620 Special Education $ 150,000 $ 150,000 22144
4P90 335604 Community Mental Health Projects $ 250,000 $ 250,000 22145
5T90 335641 Problem Gambling Services $ 275,000 $ 275,000 22146
1510 336601 Office of Support Services $ 115,000,000 $ 115,000,000 90,000,000 22147
TOTAL GSF General Services Fund Group $ 145,268,190 $ 145,268,190 122,268,190 22148

Federal Special Revenue Fund Group22149

3240 333605 Medicaid/Medicare - Refunds $ 154,500 $ 154,500 22150
3A60 333608 Federal Miscellaneous - Administration $ 140,000 $ 140,000 22151
3A70 333612 Social Services Block Grant - Administration $ 50,000 $ 50,000 22152
3A80 333613 Federal Grants - Administration $ 4,717,000 $ 4,717,000 22153
3A90 333614 Mental Health Block Grant - Administration $ 748,470 $ 748,470 22154
3G40 333618 Substance Abuse Block Grant- Administration $ 3,307,789 $ 3,307,789 22155
3H80 333606 Demonstration Grants - Administration $ 3,237,574 $ 3,237,574 6,000,000 22156
3N80 333639 Administrative Reimbursement $ 300,000 $ 300,000 22157
3240 334605 Medicaid/Medicare - Hospitals $ 28,200,000 $ 28,200,000 22158
3A60 334608 Federal Miscellaneous - Hospitals $ 200,000 $ 200,000 22159
3A80 334613 Federal Letter of Credit $ 200,000 $ 200,000 22160
3A60 335608 Federal Miscellaneous $ 2,170,000 $ 2,170,000 22161
3A70 335612 Social Services Block Grant $ 8,400,000 $ 8,400,000 22162
3A80 335613 Federal Grant - Community Mental Health Board Subsidy $ 2,500,000 $ 2,500,000 4,500,000 22163
3A90 335614 Mental Health Block Grant $ 14,200,000 $ 14,200,000 22164
3FR0 335638 Race to the Top - Early Learning Challenge Grant $ 1,164,000 $ 1,164,000 22165
3G40 335618 Substance Abuse Block Grant $ 62,542,003 $ 62,557,967 22166
3H80 335606 Demonstration Grants $ 5,428,006 $ 5,428,006 11,000,000 22167
3B10 652635 Community Medicaid Legacy Costs $ 5,000,000 $ 0 5,000,000 22168
3B10 652636 Community Medicaid Legacy Support $ 7,000,000 $ 7,000,000 22169
3J80 652609 Medicaid Legacy Costs Support $ 3,000,000 $ 0 3,000,000 22170
TOTAL FED Federal Special Revenue Fund Group $ 152,659,342 $ 144,675,306 163,009,726 22171

State Special Revenue Fund Group22172

2320 333621 Family and Children First Administration $ 400,000 $ 400,000 22173
4750 333623 Statewide Treatment and Prevention - Administration $ 5,490,667 $ 5,490,667 22174
4850 333632 Mental Health Operating - Refunds $ 134,233 $ 134,233 22175
5JL0 333629 Problem Gambling and Casino Addictions - Administration $ 1,361,592 $ 1,361,592 22176
5V20 333611 Non-Federal Miscellaneous $ 100,000 $ 100,000 22177
6890 333640 Education and Conferences $ 150,000 $ 150,000 22178
4850 334632 Mental Health Operating - Hospitals $ 2,477,500 $ 2,477,500 22179
4750 335623 Statewide Treatment and Prevention $ 10,059,333 $ 10,059,333 22180
5AU0 335615 Behavioral Health Care $ 6,690,000 $ 6,690,000 22181
5JL0 335629 Problem Gambling and Casino Addictions $ 4,084,772 4,084,772 22182
6320 335616 Community Capital Replacement $ 350,000 $ 350,000 22183
TOTAL SSR State Special Revenue Fund Group $ 31,298,097 $ 31,298,097 22184
TOTAL ALL BUDGET FUND GROUPS $ 698,771,638 697,671,638 $ 685,921,002 681,255,422 22185


       Sec. 333.10. DNR DEPARTMENT OF NATURAL RESOURCES22187

General Revenue Fund22188

GRF 725401 Wildlife-GRF Central Support $ 1,800,000 $ 1,800,000 22189
GRF 725413 Lease Rental Payments $ 21,622,900 $ 23,943,400 22190
GRF 725456 Canal Lands $ 135,000 $ 135,000 22191
GRF 725502 Soil and Water Districts $ 2,900,000 $ 2,900,000 22192
GRF 725505 Healthy Lake Erie Fund $ 650,000 $ 500,000 22193
GRF 725507 Coal and Mine Safety Program $ 2,500,000 $ 2,500,000 22194
GRF 725903 Natural Resources General Obligation Debt Service $ 24,325,400 $ 25,443,000 23,743,000 22195
GRF 727321 Division of Forestry $ 4,392,002 $ 4,392,001 22196
GRF 729321 Office of Information Technology $ 177,405 $ 177,405 22197
GRF 730321 Division of Parks and Recreation $ 30,000,000 $ 30,000,000 22198
GRF 736321 Division of Engineering $ 2,279,115 $ 2,324,736 22199
GRF 737321 Division of Soil and Water Resources $ 4,782,704 $ 4,782,652 4,631,239 22200
GRF 738321 Division of Real Estate and Land Management $ 715,963 $ 670,342 22201
GRF 741321 Division of Natural Areas and Preserves $ 1,200,000 $ 1,200,000 22202
TOTAL GRF General Revenue Fund $ 97,480,489 $ 100,768,536 98,917,123 22203

General Services Fund Group22204

1550 725601 Departmental Projects $ 2,109,968 $ 1,839,204 22205
1570 725651 Central Support Indirect $ 4,609,154 $ 4,671,566 22206
2040 725687 Information Services $ 5,179,097 $ 5,288,168 22207
2050 725696 Human Resource Direct Service $ 2,474,345 $ 2,526,662 22208
2070 725690 Real Estate Services $ 50,000 $ 50,000 22209
2230 725665 Law Enforcement Administration $ 2,126,432 $ 2,126,432 22210
2270 725406 Parks Projects Personnel $ 436,500 $ 436,500 22211
4300 725671 Canal Lands $ 883,879 $ 883,879 22212
4S90 725622 NatureWorks Personnel $ 404,657 $ 412,570 22213
4X80 725662 Water Resources Council $ 138,005 $ 138,005 22214
5100 725631 Maintenance - State-owned Residences $ 303,611 $ 303,611 22215
5160 725620 Water Management $ 2,559,292 $ 2,559,292 22216
6350 725664 Fountain Square Facilities Management $ 3,329,935 $ 3,346,259 22217
6970 725670 Submerged Lands $ 852,982 $ 869,145 22218
TOTAL GSF General Services 22219
Fund Group $ 25,457,857 $ 25,451,293 22220

Federal Special Revenue Fund Group22221

3320 725669 Federal Mine Safety Grant $ 265,000 $ 265,000 22222
3B30 725640 Federal Forest Pass-Thru $ 500,000 $ 500,000 22223
3B40 725641 Federal Flood Pass-Thru $ 500,000 $ 500,000 22224
3B50 725645 Federal Abandoned Mine Lands $ 11,851,759 $ 11,851,759 22225
3B60 725653 Federal Land and Water Conservation Grants $ 950,000 $ 950,000 22226
3B70 725654 Reclamation - Regulatory $ 3,200,000 $ 3,200,000 22227
3P10 725632 Geological Survey - Federal $ 933,448 $ 557,146 22228
3P20 725642 Oil and Gas - Federal $ 234,509 $ 234,509 22229
3P30 725650 Coastal Management - Federal $ 2,790,633 $ 2,790,633 22230
3P40 725660 Federal - Soil and Water Resources $ 969,190 $ 1,006,874 22231
3R50 725673 Acid Mine Drainage Abatement/Treatment $ 4,342,280 $ 4,342,280 22232
3Z50 725657 Federal Recreation and Trails $ 1,850,000 $ 1,850,000 22233
TOTAL FED Federal Special Revenue 22234
Fund Group $ 28,386,819 $ 28,048,201 22235

State Special Revenue Fund Group22236

4J20 725628 Injection Well Review $ 128,466 $ 128,466 22237
4M70 725686 Wildfire Suppression $ 100,000 $ 100,000 22238
4U60 725668 Scenic Rivers Protection $ 100,000 $ 100,000 22239
5090 725602 State Forest $ 6,873,330 $ 6,880,158 22240
5110 725646 Ohio Geological Mapping $ 1,220,690 $ 1,993,519 22241
5120 725605 State Parks Operations $ 29,654,880 $ 29,671,044 22242
5140 725606 Lake Erie Shoreline $ 1,559,583 $ 1,559,583 22243
5180 725643 Oil and Gas Permit Fees Regulation and Safety $ 12,812,311 $ 13,140,201 22244
5180 725677 Oil and Gas Well Plugging $ 1,500,000 $ 1,500,000 22245
5210 725627 Off-Road Vehicle Trails $ 143,490 $ 143,490 22246
5220 725656 Natural Areas and Preserves $ 546,639 $ 546,639 22247
5260 725610 Strip Mining Administration Fee $ 1,800,000 $ 1,800,000 22248
5270 725637 Surface Mining Administration $ 1,941,532 $ 1,941,532 22249
5290 725639 Unreclaimed Land Fund $ 1,804,180 $ 1,804,180 22250
5310 725648 Reclamation Forfeiture $ 500,000 $ 500,000 22251
5B30 725674 Mining Regulation $ 28,135 $ 28,135 22252
5BV0 725658 Heidelberg Water Quality Lab $ 250,000 $ 250,000 22253
5BV0 725683 Soil and Water Districts $ 8,000,000 $ 8,000,000 22254
5EJ0 725608 Forestry Law Enforcement $ 1,000 $ 1,000 22255
5EK0 725611 Natural Areas & Preserves Law Enforcement $ 1,000 $ 1,000 22256
5EL0 725612 Wildlife Law Enforcement $ 12,000 $ 12,000 22257
5EM0 725613 Park Law Enforcement $ 34,000 $ 34,000 22258
5EN0 725614 Watercraft Law Enforcement $ 2,500 $ 2,500 22259
5HK0 725625 Ohio Nature Preserves $ 1,000 $ 1,000 22260
5MF0 725635 Ohio Geology License Plate $ 7,500 $ 7,500 22261
5MW0 725604 Natural Resources Special Purposes $ 10,163,812 $ 6,165,162 22262
6150 725661 Dam Safety $ 943,517 $ 943,517 22263
TOTAL SSR State Special Revenue 22264
Fund Group $ 80,129,565 $ 77,254,626 22265

Clean Ohio Conservation Fund Group22266

7061 725405 Clean Ohio Operating $ 300,775 $ 300,775 22267
TOTAL CLF Clean Ohio Conservation Fund Group $ 300,775 $ 300,775 22268

Wildlife Fund Group22269

5P20 725634 Wildlife Boater Angler Administration $ 3,000,000 $ 3,000,000 22270
7015 740401 Division of Wildlife Conservation $ 56,466,564 $ 57,075,976 22271
8150 725636 Cooperative Management Projects $ 120,449 $ 120,449 22272
8160 725649 Wetlands Habitat $ 966,885 $ 966,885 22273
8170 725655 Wildlife Conservation Checkoff Fund $ 2,000,000 $ 2,000,000 22274
8180 725629 Cooperative Fisheries Research $ 1,500,000 $ 1,500,000 22275
8190 725685 Ohio River Management $ 203,584 $ 203,584 22276
81B0 725688 Wildlife Habitat Fund $ 1,200,000 $ 1,200,000 22277
TOTAL WLF Wildlife Fund Group $ 65,457,482 $ 66,066,894 22278

Waterways Safety Fund Group22279

7086 725414 Waterways Improvement $ 5,693,671 $ 5,693,671 22280
7086 725418 Buoy Placement $ 52,182 $ 52,182 22281
7086 725501 Waterway Safety Grants $ 120,000 $ 120,000 22282
7086 725506 Watercraft Marine Patrol $ 576,153 $ 576,153 22283
7086 725513 Watercraft Educational Grants $ 366,643 $ 366,643 22284
7086 739401 Division of Watercraft $ 19,467,370 $ 19,297,370 22285
TOTAL WSF Waterways Safety Fund 22286
Group $ 26,276,019 $ 26,106,019 22287

Accrued Leave Liability Fund Group22288

4M80 725675 FOP Contract $ 20,219 $ 20,219 22289
TOTAL ALF Accrued Leave 22290
Liability Fund Group $ 20,219 $ 20,219 22291

Holding Account Redistribution Fund Group22292

R017 725659 Performance Cash Bond Refunds $ 496,263 $ 496,263 22293
R043 725624 Forestry $ 2,100,000 $ 2,100,000 22294
TOTAL 090 Holding Account 22295
Redistribution Fund Group $ 2,596,263 $ 2,596,263 22296
TOTAL ALL BUDGET FUND GROUPS $ 326,105,488 $ 326,612,826 324,761,413 22297


       Sec. 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH DISABILITIES 22299
AGENCY22300

General Revenue Fund22301

GRF 415402 Independent Living Council $ 252,000 $ 252,000 22302
GRF 415406 Assistive Technology $ 26,618 $ 26,618 22303
GRF 415431 Office for People with Brain Injury $ 126,567 $ 126,567 22304
GRF 415506 Services for People Individuals with Disabilities $ 15,277,885 $ 15,277,885 22305
GRF 415508 Services for the Deaf $ 28,000 $ 28,000 22306
TOTAL GRF General Revenue Fund $ 15,711,070 $ 15,711,070 22307

General Services Fund Group22308

4670 415609 Business Enterprise Operating Expenses $ 962,538 $ 965,481 22309
TOTAL GSF General Services 22310
Fund Group $ 962,538 $ 965,481 22311

Federal Special Revenue Fund Group22312

3170 415620 Disability Determination $ 83,332,186 $ 84,641,911 22313
3790 415616 Federal - Vocational Rehabilitation $ 117,431,895 $ 113,610,728 22314
3L10 415601 Social Security Personal Care Assistance $ 2,748,451 $ 2,752,396 22315
3L10 415605 Social Security Community Centers for the Deaf $ 772,000 $ 772,000 22316
3L10 415608 Social Security Special Programs/Assistance Vocational Rehabilitation $ 445,258 $ 498,269 22317
3L40 415612 Federal Independent Living Centers or Services $ 638,431 $ 638,431 22318
3L40 415615 Federal - Supported Employment $ 916,727 $ 916,727 22319
3L40 415617 Independent Living/Vocational Rehabilitation Programs $ 1,548,658 $ 1,348,658 22320
TOTAL FED Federal Special 22321
Revenue Fund Group $ 207,833,606 $ 205,179,120 22322

State Special Revenue Fund Group22323

4680 415618 Third Party Funding $ 11,000,000 $ 11,000,000 22324
4L10 415619 Services for Rehabilitation $ 3,502,168 $ 3,502,168 22325
4W50 415606 Program Management Expenses $ 12,369,751 $ 12,594,758 22326
TOTAL SSR State Special 22327
Revenue Fund Group $ 26,871,919 $ 27,096,926 22328
TOTAL ALL BUDGET FUND GROUPS $ 251,379,133 $ 248,952,597 22329

       INDEPENDENT LIVING COUNCIL22330

       The foregoing appropriation item 415402, Independent Living 22331
Council, shall be used to fund the operations of the State 22332
Independent Living Council and to support state independent living 22333
centers and independent living services under Title VII of the 22334
Independent Living Services and Centers for Independent Living of 22335
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 22336
U.S.C. 796d.22337

       Of the foregoing appropriation item 415402, Independent 22338
Living Council, $67,662 in each fiscal year shall be used as state 22339
matching funds for vocational rehabilitation innovation and 22340
expansion activities.22341

       ASSISTIVE TECHNOLOGY22342

       The total amount of the foregoing appropriation item 415406, 22343
Assistive Technology, shall be provided to Assistive Technology of 22344
Ohio to provide grants and assistive technology services for 22345
people with disabilities in the State of Ohio.22346

       OFFICE FOR PEOPLE WITH BRAIN INJURY22347

       The foregoing appropriation item 415431, Office for People 22348
with Brain Injury, shall be provided to The Ohio State University 22349
College of Medicine to support the Brain Injury Program 22350
established under section 3304.23 of the Revised Code. 22351

       VOCATIONAL REHABILITATION SERVICES22352

       The foregoing appropriation item 415506, Services for People22353
Individuals with Disabilities, shall be used as state matching 22354
funds to provide vocational rehabilitation services to eligible 22355
consumers.22356

       SERVICES FOR THE DEAF22357

        The foregoing appropriation item 415508, Services for the 22358
Deaf, shall be used to provide grants to community centers for the 22359
deaf.22360

       INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS22361

       The foregoing appropriation item 415617, Independent 22362
Living/Vocational Rehabilitation Programs, shall be used to 22363
support vocational rehabilitation programs.22364

       SOCIAL SECURITY REIMBURSEMENT FUNDS22365

       Reimbursement funds received from the Social Security 22366
Administration, United States Department of Health and Human 22367
Services, for the costs of providing services and training to 22368
return disability recipients to gainful employment shall be 22369
expended from the Social Security Reimbursement Fund (Fund 3L10), 22370
to the extent funds are available, as follows:22371

       (A) Appropriation item 415601, Social Security Personal Care 22372
Assistance, to provide personal care services in accordance with 22373
section 3304.41 of the Revised Code;22374

       (B) Appropriation item 415605, Social Security Community 22375
Centers for the Deaf, to provide grants to community centers for 22376
the deaf in Ohio for services to individuals with hearing 22377
impairments; and22378

       (C) Appropriation item 415608, Social Security Special 22379
Programs/AssistanceVocational Rehabilitation, to provide 22380
vocational rehabilitation services to individuals with severe 22381
disabilities who are Social Security beneficiaries, to enable them 22382
to achieve competitive employment. This appropriation item shall 22383
also be used to pay a portion of indirect costs of the Personal 22384
Care Assistance Program and the Independent Living Programs as 22385
mandated by federal OMB Circular A-87.22386

       PROGRAM MANAGEMENT EXPENSES22387

       The foregoing appropriation item 415606, Program Management 22388
Expenses, shall be used to support the administrative functions of 22389
the commission related to the provision of vocational 22390
rehabilitation, disability determination services, and ancillary 22391
programs.22392

       Sec. 349.10. PRX STATE BOARD OF PHARMACY22393

General Services Fund Group22394

4A50 887605 Drug Law Enforcement $ 150,000 $ 150,000 22395
4K90 887609 Operating Expenses $ 6,701,285 $ 6,701,285 6,901,285 22396
TOTAL GSF General Services Fund Group $ 6,851,285 $ 6,851,285 7,051,285 22397

Federal Special Revenue Fund Group22398

3BC0 887604 Dangerous Drugs Database $ 390,869 $ 0 22399
3CT0 887606 2008 Developing/Enhancing PMP $ 224,691 $ 112,346 22400
3DV0 887607 Enhancing Ohio's PMP $ 2,000 $ 2,000 22401
3EY0 887603 Administration of PMIX Hub $ 66,335 $ 0 22402
TOTAL FED Federal Special Revenue Fund Group $ 683,895 $ 114,346 22403
TOTAL ALL BUDGET FUND GROUPS $ 7,535,180 $ 6,965,631 7,165,631 22404


       Sec. 359.10. PWC PUBLIC WORKS COMMISSION22406

General Revenue Fund22407

GRF 150904 Conservation General Obligation Debt Service $ 33,376,600 26,676,600 $ 34,447,700 22408
GRF 150907 State Capital Improvements General Obligation Debt Service $ 227,810,300 210,710,300 $ 228,948,900 226,948,900 22409
TOTAL GRF General Revenue Fund $ 261,186,900 237,386,900 $ 263,396,600 261,396,600 22410

Clean Ohio Conservation Fund Group22411

7056 150403 Clean Ohio Operating Expenses $ 288,980 $ 288,980 22412
TOTAL 056 Clean Ohio Conservation Fund Group $ 288,980 $ 288,980 22413

TOTAL ALL BUDGET FUND GROUPS $ 261,475,880 237,675,880 $ 263,685,580 261,685,580 22414

       CONSERVATION GENERAL OBLIGATION DEBT SERVICE22415

       The foregoing appropriation item 150904, Conservation General 22416
Obligation Debt Service, shall be used to pay all debt service and 22417
related financing costs during the period from July 1, 2013, 22418
through June 30, 2015, at the times they are required to be made 22419
for obligations issued under sections 151.01 and 151.09 of the 22420
Revised Code.22421

       STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE22422

       The foregoing appropriation item 150907, State Capital 22423
Improvements General Obligation Debt Service, shall be used to pay 22424
all debt service and related financing costs during the period 22425
from July 1, 2013, through June 30, 2015, at the times they are 22426
required to be made for obligations issued under sections 151.01 22427
and 151.08 of the Revised Code.22428

       CLEAN OHIO OPERATING EXPENSES22429

       The foregoing appropriation item 150403, Clean Ohio Operating 22430
Expenses, shall be used by the Ohio Public Works Commission in 22431
administering Clean Ohio Conservation Fund (Fund 7056) projects 22432
pursuant to sections 164.20 to 164.27 of the Revised Code.22433

       Sec. 363.10. BOR BOARD OF REGENTS22434

General Revenue Fund22435

GRF 235321 Operating Expenses $ 2,850,357 $ 2,850,357 22436
GRF 235401 Lease Rental Payments $ 5,805,300 $ 0 22437
GRF 235402 Sea Grants $ 285,000 $ 285,000 22438
GRF 235406 Articulation and Transfer $ 2,000,000 $ 2,000,000 22439
GRF 235408 Midwest Higher Education Compact $ 95,000 $ 95,000 22440
GRF 235409 HEI Information System $ 1,505,683 $ 1,505,683 22441
GRF 235414 State Grants and Scholarship Administration $ 830,180 $ 830,180 22442
GRF 235417 eStudent Services $ 2,532,688 $ 2,532,688 22443
GRF 235428 Appalachian New Economy Partnership $ 737,366 $ 737,366 22444
GRF 235433 Economic Growth Challenge $ 521,153 $ 521,153 22445
GRF 235434 College Readiness and Access $ 1,200,000 $ 1,200,000 22446
GRF 235438 Choose Ohio First Scholarship $ 16,665,114 $ 16,665,114 22447
GRF 235443 Adult Basic and Literacy Education - State $ 7,427,416 $ 7,427,416 22448
GRF 235444 Post-Secondary Adult Career-Technical Education $ 15,817,547 $ 15,817,547 22449
GRF 235474 Area Health Education Centers Program Support $ 900,000 $ 900,000 22450
GRF 235480 General Technology Operations $ 500,000 $ 500,000 22451
GRF 235483 Technology Integration and Professional Development $ 3,378,598 $ 2,703,598 22452
GRF 235501 State Share of Instruction $ 1,789,699,580 $ 1,818,225,497 1,821,325,497 22453
GRF 235502 Student Support Services $ 632,974 $ 632,974 22454
GRF 235504 War Orphans Scholarships $ 5,500,000 $ 5,500,000 22455
GRF 235507 OhioLINK $ 6,211,012 $ 6,211,012 22456
GRF 235508 Air Force Institute of Technology $ 1,740,803 $ 1,740,803 22457
GRF 235510 Ohio Supercomputer Center $ 3,747,418 $ 3,747,418 22458
GRF 235511 Cooperative Extension Service $ 23,086,658 $ 23,056,658 22459
GRF 235514 Central State Supplement $ 11,063,468 $ 11,063,468 22460
GRF 235515 Case Western Reserve University School of Medicine $ 2,146,253 $ 2,146,253 22461
GRF 235516 Wright State Lake Campus Agricultural Program $ 200,000 $ 0 22462
GRF 235519 Family Practice $ 3,166,185 $ 3,166,185 22463
GRF 235520 Shawnee State Supplement $ 2,326,097 $ 2,326,097 22464
GRF 235523 Youth STEM Commercialization and Entrepreneurship Program $ 2,000,000 $ 3,000,000 22465
GRF 235524 Police and Fire Protection $ 107,814 $ 107,814 22466
GRF 235525 Geriatric Medicine $ 522,151 $ 522,151 22467
GRF 235526 Primary Care Residencies $ 1,500,000 $ 1,500,000 22468
GRF 235535 Ohio Agricultural Research and Development Center $ 34,126,100 $ 34,629,970 22469
GRF 235536 The Ohio State University Clinical Teaching $ 9,668,941 $ 9,668,941 22470
GRF 235537 University of Cincinnati Clinical Teaching $ 7,952,573 $ 7,952,573 22471
GRF 235538 University of Toledo Clinical Teaching $ 6,198,600 $ 6,198,600 22472
GRF 235539 Wright State University Clinical Teaching $ 3,011,400 $ 3,011,400 22473
GRF 235540 Ohio University Clinical Teaching $ 2,911,212 $ 2,911,212 22474
GRF 235541 Northeast Ohio Medical University Clinical Teaching $ 2,994,178 $ 2,994,178 22475
GRF 235552 Capital Component $ 13,628,639 $ 10,280,387 22476
GRF 235555 Library Depositories $ 1,440,342 $ 1,440,342 22477
GRF 235556 Ohio Academic Resources Network $ 3,172,519 $ 3,172,519 22478
GRF 235558 Long-term Care Research $ 325,300 $ 325,300 22479
GRF 235563 Ohio College Opportunity Grant $ 90,284,264 $ 90,284,264 22480
GRF 235572 The Ohio State University Clinic Support $ 766,533 $ 766,533 22481
GRF 235599 National Guard Scholarship Program $ 16,711,514 $ 17,384,511 22482
GRF 235909 Higher Education General Obligation Debt Service $ 221,168,700 215,368,700 $ 248,822,000 245,822,000 22483
TOTAL GRF General Revenue Fund $ 2,331,062,630 2,325,262,630 $ 2,379,360,162 2,379,460,162 22484

General Services Fund Group22485

2200 235614 Program Approval and Reauthorization $ 903,595 $ 903,595 22486
4560 235603 Sales and Services $ 199,250 $ 199,250 22487
5JC0 235649 Co-op Internship Program $ 8,000,000 $ 8,000,000 22488
5JC0 235668 Defense/Aerospace Workforce Development Initiative $ 4,000,000 $ 4,000,000 22489
5JC0 235685 Manufacturing Workforce Development Initiative $ 2,000,000 $ 0 22490
TOTAL GSF General Services 22491
Fund Group $ 15,102,845 $ 13,102,845 22492

Federal Special Revenue Fund Group22493

3120 235612 Carl D. Perkins Grant/Plan Administration $ 1,350,000 $ 1,350,000 22494
3120 235617 Improving Teacher Quality Grant $ 3,200,000 $ 3,200,000 22495
3120 235641 Adult Basic and Literacy Education - Federal $ 14,835,671 $ 14,835,671 22496
3120 235672 H-1B Tech Skills Training $ 1,100,000 $ 1,100,000 22497
3BW0 235630 Indirect Cost Recovery - Federal $ 50,000 $ 50,000 22498
3H20 235608 Human Services Project $ 1,000,000 $ 1,000,000 22499
TOTAL FED Federal Special Revenue 22500
Fund Group $ 21,535,671 $ 21,535,671 22501

State Special Revenue Fund Group22502

4E80 235602 Higher Educational Facility Commission Administration $ 29,100 $ 29,100 22503
4X10 235674 Telecommunity and Distance Learning $ 49,150 $ 49,150 22504
5D40 235675 Conferences/Special Purposes $ 1,884,095 $ 1,884,095 22505
5FR0 235643 Making Opportunity Affordable $ 230,000 $ 230,000 22506
5P30 235663 Variable Savings Plan $ 8,066,920 $ 8,104,370 22507
6450 235664 Guaranteed Savings Plan $ 1,290,718 $ 1,303,129 22508
6820 235606 Nursing Loan Program $ 891,320 $ 891,320 22509
TOTAL SSR State Special Revenue 22510
Fund Group $ 12,441,303 $ 12,491,164 22511

Third Frontier Research & Development Fund Group22512

7011 235634 Research Incentive Third Frontier Fund $ 8,000,000 $ 8,000,000 22513
TOTAL 011 Third Frontier Research & Development Fund Group $ 8,000,000 $ 8,000,000 22514
TOTAL ALL BUDGET FUND GROUPS $ 2,388,142,449 2,382,342,449 $ 2,434,489,842 2,434,589,842 22515


       Sec. 365.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION22517

General Revenue Fund22518

GRF 501321 Institutional Operations $ 883,768,015 895,799,933 $ 873,724,802 900,215,085 22519
GRF 501403 Prisoner Compensation $ 6,000,000 $ 6,000,000 22520
GRF 501405 Halfway House $ 45,049,356 48,399,340 $ 46,024,108 51,197,937 22521
GRF 501406 Lease Rental Payments $ 104,099,500 103,099,500 $ 99,534,800 22522
GRF 501407 Community Nonresidential Programs $ 34,187,858 $ 34,314,390 22523
GRF 501408 Community Misdemeanor Programs $ 12,856,800 $ 12,856,800 22524
GRF 501501 Community Residential Programs - CBCF $ 63,345,972 64,224,472 $ 66,150,781 69,453,455 22525
GRF 503321 Parole and Community Operations $ 64,480,938 66,102,094 $ 65,029,680 71,676,403 22526
GRF 504321 Administrative Operations $ 20,659,664 $ 20,907,476 22527
GRF 505321 Institution Medical Services $ 243,289,774 239,397,895 $ 254,139,452 251,994,058 22528
GRF 506321 Institution Education Services $ 19,102,051 $ 19,112,418 22529
TOTAL GRF General Revenue Fund $ 1,496,839,928 1,509,829,607 $ 1,497,794,707 1,537,262,822 22530

General Services Fund Group22531

1480 501602 Institutional Services $ 3,139,577 $ 3,139,577 22532
2000 501607 Ohio Penal Industries $ 41,393,226 $ 40,609,872 22533
4830 501605 Property Receipts $ 582,086 $ 582,086 22534
4B00 501601 Sewer Treatment Services $ 2,023,671 $ 2,067,214 22535
4D40 501603 Prisoner Programs $ 17,499,255 $ 17,499,255 22536
4L40 501604 Transitional Control $ 1,113,120 $ 1,113,120 22537
4S50 501608 Education Services $ 4,114,782 $ 4,114,782 22538
5710 501606 Training Academy Receipts $ 125,000 $ 125,000 22539
5930 501618 Laboratory Services $ 3,750,000 $ 0 22540
5AF0 501609 State and Non-Federal Awards $ 1,440,000 $ 1,440,000 22541
5H80 501617 Offender Financial Responsibility $ 2,000,000 $ 2,000,000 22542
5L60 501611 Information Technology Services $ 250,000 $ 250,000 22543
TOTAL GSF General Services Fund Group $ 77,430,717 $ 72,940,906 22544

Federal Special Revenue Fund Group22545

3230 501619 Federal Grants $ 7,132,943 $ 7,132,943 22546
TOTAL FED Federal Special Revenue 22547
Fund Group $ 7,132,943 $ 7,132,943 22548

TOTAL ALL BUDGET FUND GROUPS $ 1,581,403,588 1,594,393,267 $ 1,577,868,556 1,617,336,671 22549

       TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL 22550
SENTENCING REFORMS22551

       For the purposes of implementing criminal sentencing reforms, 22552
and notwithstanding any other provision of law to the contrary, 22553
the Director of Budget and Management, at the request of the 22554
Director of Rehabilitation and Correction, may transfer up to 22555
$14,000,000 in appropriations, in each of fiscal years 2014 and 22556
2015, from appropriation item 501321, Institutional Operations, to 22557
any combination of appropriation items 501405, Halfway House; 22558
501407, Community Residential Programs; 501408, Community 22559
Misdemeanor Programs; and 501501, Community Residential Programs - 22560
CBCF.22561

       LEASE RENTAL PAYMENTS22562

       The foregoing appropriation item 501406, Lease Rental 22563
Payments, shall be used to meet all payments at the times they are 22564
required to be made during the period from July 1, 2013, through 22565
June 30, 2015, by the Department of Rehabilitation and Correction 22566
under the primary leases and agreements for those buildings made 22567
under Chapters 152. and 154. of the Revised Code. These 22568
appropriations are the source of funds pledged for bond service 22569
charges on related obligations issued under Chapters 152. and 154. 22570
of the Revised Code.22571

        OSU MEDICAL CHARGES22572

        Notwithstanding section 341.192 of the Revised Code, at the 22573
request of the Department of Rehabilitation and Correction, The 22574
Ohio State University Medical Center, including the Arthur G. 22575
James Cancer Hospital and Richard J. Solove Research Institute and 22576
the Richard M. Ross Heart Hospital, shall provide necessary care 22577
to persons who are confined in state adult correctional 22578
facilities. The provision of necessary care shall be billed to the 22579
Department at a rate not to exceed the authorized reimbursement 22580
rate for the same service established by the Department of 22581
Medicaid under the Medicaid Program.22582

       CORRECTIVE CASH TRANSFER22583

       At the request of the Director of Rehabilitation and 22584
Correction, the Director of Budget and Management may transfer an 22585
amount not to exceed $2,391 in cash that was mistakenly deposited 22586
in the Federal Grants Fund (Fund 3230) to the General Revenue 22587
Fund.22588

       Sec. 395.10. TAX DEPARTMENT OF TAXATION22589

General Revenue Fund22590

GRF 110321 Operating Expenses $ 72,568,330 $ 67,968,332 22591
GRF 110404 Tobacco Settlement Enforcement $ 178,200 $ 178,200 22592
GRF 110901 Property Tax Allocation - Taxation $ 666,640,000 658,640,000 $ 678,255,600 673,255,600 22593
TOTAL GRF General Revenue Fund $ 739,386,530 731,386,530 $ 746,402,132 741,402,132 22594

General Services Fund Group22595

2280 110628 Revenue Enhancement $ 15,500,000 $ 17,500,000 17,100,000 22596
4330 110602 Tape File Account $ 175,000 $ 175,000 22597
5BP0 110639 Wireless 9-1-1 Administration $ 290,000 $ 290,000 22598
5CZ0 110631 Vendor's License Application $ 250,000 $ 250,000 22599
5MN0 110638 STARS Development and Implementation $ 5,000,000 $ 3,000,000 22600
5N50 110605 Municipal Income Tax Administration $ 150,000 $ 150,000 22601
5N60 110618 Kilowatt Hour Tax Administration $ 100,000 $ 100,000 22602
5V80 110623 Property Tax Administration $ 11,978,310 $ 11,978,310 11,178,310 22603
5W70 110627 Exempt Facility Administration $ 49,500 $ 49,500 22604
TOTAL GSF General Services 22605
Fund Group $ 33,492,810 $ 33,492,810 32,292,810 22606

State Special Revenue Fund Group22607

4350 110607 Local Tax Administration $ 20,000,000 $ 20,700,000 20,300,000 22608
4360 110608 Motor Vehicle Audit $ 1,459,609 $ 1,459,609 22609
4370 110606 Income Tax Contribution $ 38,800 $ 38,800 22610
4380 110609 School District Income Tax $ 5,802,044 $ 5,802,044 5,402,044 22611
4C60 110616 International Registration Plan $ 682,415 $ 682,415 22612
4R60 110610 Tire Tax Administration $ 244,193 $ 244,193 22613
5V70 110622 Motor Fuel Tax Administration $ 5,035,374 $ 5,035,374 22614
6390 110614 Cigarette Tax Enforcement $ 1,750,000 $ 1,750,000 22615
6420 110613 Ohio Political Party Distributions $ 500,000 $ 500,000 22616
6880 110615 Local Excise Tax Administration $ 775,015 $ 775,015 22617
TOTAL SSR State Special Revenue 22618
Fund Group $ 36,287,450 $ 36,987,450 36,187,450 22619

Agency Fund Group22620

4250 110635 Tax Refunds $ 1,546,800,000 $ 1,546,800,000 22621
7095 110995 Municipal Income Tax $ 21,000,000 $ 21,000,000 22622
TOTAL AGY Agency Fund Group $ 1,567,800,000 $ 1,567,800,000 22623

Holding Account Redistribution Fund Group22624

R010 110611 Tax Distributions $ 50,000 $ 50,000 22625
R011 110612 Miscellaneous Income Tax Receipts $ 50,000 $ 50,000 22626
TOTAL 090 Holding Account 22627
Redistribution Fund Group $ 100,000 $ 100,000 22628
TOTAL ALL BUDGET FUND GROUPS $ 2,377,066,790 2,369,066,790 $ 2,384,782,392 2,377,782,392 22629

       OPERATING EXPENSES22630

        Of the foregoing appropriation item 110321, Operating 22631
Expenses, $175,000 in FY 2015 shall be allocated to Energy 22632
Industries Ohio for the supplier development program.22633

       HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK22634

       The foregoing appropriation item 110901, Property Tax 22635
Allocation - Taxation, is hereby appropriated to pay for the 22636
state's costs incurred due to the Homestead Exemption, the 22637
Manufactured Home Property Tax Rollback, and the Property Tax 22638
Rollback. The Tax Commissioner shall distribute these funds 22639
directly to the appropriate local taxing districts, except for 22640
school districts, notwithstanding the provisions in sections 22641
321.24 and 323.156 of the Revised Code, which provide for payment 22642
of the Homestead Exemption, the Manufactured Home Property Tax 22643
Rollback, and Property Tax Rollback by the Tax Commissioner to the 22644
appropriate county treasurer and the subsequent redistribution of 22645
these funds to the appropriate local taxing districts by the 22646
county auditor.22647

       Upon receipt of these amounts, each local taxing district 22648
shall distribute the amount among the proper funds as if it had 22649
been paid as real property taxes. Payments for the costs of 22650
administration shall continue to be paid to the county treasurer 22651
and county auditor as provided for in sections 319.54, 321.26, and 22652
323.156 of the Revised Code.22653

       Any sums, in addition to the amounts specifically 22654
appropriated in appropriation item 110901, Property Tax Allocation 22655
- Taxation, for the Homestead Exemption, the Manufactured Home 22656
Property Tax Rollback, and the Property Tax Rollback payments, 22657
which are determined to be necessary for these purposes, are 22658
hereby appropriated.22659

       MUNICIPAL INCOME TAX22660

       The foregoing appropriation item 110995, Municipal Income 22661
Tax, shall be used to make payments to municipal corporations 22662
under section 5745.05 of the Revised Code. If it is determined 22663
that additional appropriations are necessary to make such 22664
payments, such amounts are hereby appropriated.22665

       TAX REFUNDS22666

       The foregoing appropriation item 110635, Tax Refunds, shall 22667
be used to pay refunds under section 5703.052 of the Revised Code. 22668
If it is determined that additional appropriations are necessary 22669
for this purpose, such amounts are hereby appropriated.22670

       INTERNATIONAL REGISTRATION PLAN AUDIT22671

       The foregoing appropriation item 110616, International 22672
Registration Plan, shall be used under section 5703.12 of the 22673
Revised Code for audits of persons with vehicles registered under 22674
the International Registration Plan.22675

       TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT22676

        Of the foregoing appropriation item 110607, Local Tax 22677
Administration, the Tax Commissioner may disburse funds, if 22678
available, for the purposes of paying travel expenses incurred by 22679
members of Ohio's delegation to the Streamlined Sales Tax Project, 22680
as appointed under section 5740.02 of the Revised Code. Any travel 22681
expense reimbursement paid for by the Department of Taxation shall 22682
be done in accordance with applicable state laws and guidelines.22683

       TOBACCO SETTLEMENT ENFORCEMENT22684

       The foregoing appropriation item 110404, Tobacco Settlement 22685
Enforcement, shall be used by the Tax Commissioner to pay costs 22686
incurred in the enforcement of divisions (F) and (G) of section 22687
5743.03 of the Revised Code.22688

       STARS DEVELOPMENT AND IMPLEMENTATION FUND22689

       The foregoing appropriation item 110638, STARS Development 22690
and Implementation Fund, shall be used to pay costs incurred in 22691
the development and implementation of the department's State Tax 22692
Accounting and Revenue System. The Director of Budget and 22693
Management, under a plan submitted by the Tax Commissioner, or as 22694
otherwise determined by the Director of Budget and Management, 22695
shall set a schedule to transfer cash from the Tax Reform System 22696
Implementation Fund, Local Tax Administration Fund, School 22697
District Income Tax Fund, Discovery Project Fund, and the Motor 22698
Fuel Tax Administration Fund to the credit of the STARS 22699
Development and Implementation Fund (Fund 5MN0). The transfers of 22700
cash shall not exceed $8,000,000 in the biennium.22701

       Sec. 403.10.  DVS DEPARTMENT OF VETERANS SERVICES22702

General Revenue Fund22703

GRF 900321 Veterans' Homes $ 27,369,946 $ 27,369,946 26,992,608 22704
GRF 900402 Hall of Fame $ 107,075 $ 107,075 22705
GRF 900408 Department of Veterans Services $ 2,001,823 $ 2,001,823 2,379,161 22706
GRF 900901 Persian Gulf, Afghanistan, and Iraq Compensation Debt Service $ 7,542,600 $ 9,914,800 22707
TOTAL GRF General Revenue Fund $ 37,021,444 $ 39,393,644 22708

General Services Fund Group22709

4840 900603 Veterans' Homes Services $ 1,596,894 $ 1,596,894 22710
TOTAL GSF General Services Fund Group $ 1,596,894 $ 1,596,894 22711

Federal Special Revenue Fund Group22712

3680 900614 Veterans Training $ 684,017 $ 697,682 22713
3740 900606 Troops to Teachers $ 111,822 $ 111,879 22714
3BX0 900609 Medicare Services $ 2,250,000 $ 2,250,000 22715
3L20 900601 Veterans' Homes Operations - Federal $ 24,887,790 $ 25,634,423 22716
TOTAL FED Federal Special Revenue 22717
Fund Group $ 27,933,629 $ 28,693,984 22718

State Special Revenue Fund Group22719

4E20 900602 Veterans' Homes Operating $ 10,614,652 $ 10,837,435 22720
6040 900604 Veterans' Homes Improvement $ 403,663 $ 459,359 22721
TOTAL SSR State Special Revenue 22722
Fund Group $ 11,018,315 $ 11,296,794 22723

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group22724

7041 900615 Veteran Bonus Program - Administration $ 738,703 $ 629,709 22725
7041 900641 Persian Gulf, Afghanistan, and Iraq Compensation $ 14,500,000 $ 9,400,000 22726
TOTAL 041 Persian Gulf, 22727
Afghanistan, and Iraq 22728
Compensation Fund Group $ 15,238,703 $ 10,029,709 22729
TOTAL ALL BUDGET FUND GROUPS $ 92,808,985 $ 91,011,025 22730

       PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL 22731
OBLIGATION DEBT SERVICE22732

       The foregoing appropriation item 900901, Persian Gulf, 22733
Afghanistan and Iraq Compensation Debt Service, shall be used to 22734
pay all debt service and related financing costs during the period 22735
from July 1, 2013, through June 30, 2015, on obligations issued 22736
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation 22737
purposes under sections 151.01 and 151.12 of the Revised Code.22738

       Sec. 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM22739

       There is hereby established in the Highway Operating Fund 22740
(Fund 7002), used by the Department of Transportation, a Diesel 22741
Emissions Reduction Grant Program. The Director of Environmental 22742
Protection shall administer the program and shall solicit, 22743
evaluate, score, and select projects submitted by public and 22744
private entities that are eligible for the federal Congestion 22745
Mitigation and Air Quality (CMAQ) Program. The Director of 22746
Transportation shall process Federal Highway 22747
Administration-approved projects as recommended by the Director of 22748
Environmental Protection.22749

       In addition to the allowable expenditures set forth in 22750
section 122.861 of the Revised Code, Diesel Emissions Reduction 22751
Grant Program funds also may be used to fund projects involving 22752
the purchase or use of hybrid and alternative fuel vehicles that 22753
are allowed under guidance developed by the Federal Highway 22754
Administration for the CMAQ Program.22755

        Public entities eligible to receive funds under section 22756
122.861 of the Revised Code and CMAQ shall be reimbursed from 22757
moneys in the Highway Operating Fund (Fund 7002) designated for 22758
the Department of Transportation's Diesel Emissions Reduction 22759
Grant Program.22760

        Private entities eligible to receive funds under section 22761
122.861 of the Revised Code and CMAQ shall be reimbursed through 22762
transfers of cash from moneys in the Highway Operating Fund (Fund 22763
7002) designated for the Department of Transportation's Diesel 22764
Emissions Reduction Grant Program to the Diesel Emissions 22765
Reduction Fund (Fund 3FH0), used by the Environmental Protection 22766
Agency, or at the direction of the local public agency sponsor and 22767
upon approval of the Department of Transportation, through direct 22768
payments to the vendor in the prorated share of federal/state 22769
participation. Total expenditures between both the Environmental 22770
Protection Agency and the Department of Transportation shall not 22771
exceed the amounts appropriated in this act for appropriation item 22772
715693, Diesel Emissions Reduction Grants, $10,000,000 in FY 2014 22773
and $2,500,000 in FY 2015.22774

       On or before June 30, 2014, the Director of Environmental 22775
Protection may certify to the Director of Budget and Management 22776
the amount of any unencumbered balance of the foregoing 22777
appropriation item 715693, Diesel Emissions Reduction Grants, for 22778
fiscal year 2014 to be used for the same purpose in fiscal year 22779
2015. Once the certification permitted under this section has been 22780
submitted and approved by the Director of Budget and Management, 22781
the amount approved is herebymay be appropriated for fiscal year 22782
2015.22783

        Any cash transfers or allocations under this section 22784
represent CMAQ program moneys within the Department of 22785
Transportation for use by the Diesel Emissions Reduction Grant 22786
Program by the Environmental Protection Agency. These allocations 22787
shall not reduce the amount of such moneys designated for 22788
metropolitan planning organizations. 22789

       The Director of Environmental Protection, in consultation 22790
with the directors of Development Services andDirector of22791
Transportation, shall develop guidance for the distribution of 22792
funds and for the administration of the Diesel Emissions Reduction 22793
Grant Program. The guidance shall include a method of 22794
prioritization for projects, acceptable technologies, and 22795
procedures for awarding grants.22796

       Sec. 751.10.  RECOVERY REQUIRES A COMMUNITY PROGRAM22797

       The Department of Mental Health and Addiction Services, in 22798
consultation with the Department of Medicaid, shall administer the 22799
Recovery Requires a Community Program to identify individuals 22800
residing in nursing facilities who can be successfully moved into 22801
a community setting with the aid of community non-Medicaid 22802
services. 22803

       The Director of Mental Health and Addiction Services and the 22804
Medicaid Director shall agree upon an amount representing the 22805
savings realized from decreased nursing facility utilization to be 22806
transferred within the biennium from the Department of Medicaid to 22807
the Department of Mental Health and Addiction Services to support 22808
non-Medicaid program costs for individuals moving into community 22809
settings.22810

       Of the foregoing appropriation item 651525, Medicaid/Health 22811
Care Services, the Medicaid Director shall transfer the amount 22812
agreed upon representing the savings from the General Revenue Fund 22813
to the Sale of Goods and Services Fund (Fund 1490). The transfer 22814
shall be made using an intrastate transfer voucher. The 22815
transferred cash is hereby appropriated to appropriation item 22816
335609, Community Operating/Planning.22817

       The Director of Mental Health and Addiction Services and the 22818
Medicaid Director shall certify the agreed upon amount to the 22819
Director of Budget and Management. Upon receipt of the 22820
certification, the Director of Budget and Management may increase 22821
appropriation item 335504, Community Innovations, up to the amount 22822
of the certification and decrease appropriation item 651525, 22823
Medicaid/Health Care Services, by an equal amount.22824

       Section 610.21. That existing Sections 207.10, 209.30, 22825
211.10, 221.10, 241.10, 257.10, 257.20, 257.50, 259.10, 263.10, 22826
263.40, 263.160, 263.230, 263.240, 263.250, 263.270, 263.325, 22827
275.10, 282.10, 282.30, 285.10, 285.20, 301.10, 301.143, 301.40, 22828
323.10, 327.10, 333.10, 340.10, 349.10, 359.10, 363.10, 365.10, 22829
395.10, 403.10, 512.80, and 751.10 of Am. Sub. H.B. 59 of the 22830
130th General Assembly are hereby repealed.22831

       Section 630.10. That Sections 207.100, 207.250, 207.340, 22832
207.440, 223.10, 239.10, and 701.50 of Am. H.B. 497 of the 130th 22833
General Assembly be amended to read as follows:22834

       Sec. 207.100. CCC CUYAHOGA COMMUNITY COLLEGE22835

Higher Education Improvement Fund (Fund 7034)22836

C37838 Structural Concrete Repairs $ 7,000,000 22837
C37839 Roof Repair and Replacements $ 2,900,000 22838
C37840 Workforce Economic Development Renovations $ 1,700,000 22839
C37841 St. Vincent Charity Medical Center - Geriatric Behavioral Health Project $ 500,000 22840
C37842 Playhouse Square Ohio Theatre $ 1,500,000 22841
C37843 Cleveland Museum of Art - Final Phase $ 2,000,000 22842
C37844 Rock and Roll Hall of Fame $ 1,060,522 22843
TOTAL Higher Education Improvement Fund $ 15,600,000 16,660,522 22844
TOTAL ALL FUNDS $ 15,600,000 16,660,522 22845


       Sec. 207.250. OTC OWENS COMMUNITY COLLEGE22847

Higher Education Improvement Fund (Fund 7034)22848

C38816 Penta Renovations $ 4,750,000 22849
C38826 College Hall Renovation $ 750,000 22850
C38827 Manufacturing Training Simulators $ 290,000 22851
C38828 ProMedica Transformative Low Income Medical Senior Housing $ 250,000 22852
TOTAL Higher Education Improvement Fund $ 5,790,000 6,040,000 22853
TOTAL ALL FUNDS $ 5,790,000 6,040,000 22854


       Sec. 207.340. UTO UNIVERSITY OF TOLEDO22856

Higher Education Improvement Fund (Fund 7034)22857

C34058 Campus Energy Cost Reduction Project $ 1,500,000 22858
C34067 Anatomy Specimen Storage Facility $ 3,500,000 22859
C34068 Academic Technology and Renovation Projects $ 3,000,000 22860
C34069 Campus Infrastructure Improvements $ 3,000,000 22861
C34070 NW Ohio Plastics Training Center $ 2,000,000 22862
C34071 Elevator Safety Repairs and Replacements $ 2,000,000 22863
C34072 Building Automation System Upgrades $ 1,500,000 22864
C34073 Mechanical System Improvements $ 1,500,000 22865
C34074 Backbone Core Router Replacements $ 1,600,000 22866
C34075 Network Infrastructure Replacement $ 1,400,000 22867
C34076 Northwest Ohio Food Partnership Center $ 1,000,000 22868
C34077 Mercy College Science Facilities Expansion and Renovation $ 500,000 22869
C34078 Northwest Ohio Workforce Development and Advanced Manufacturing Training Center $ 1,000,000 22870
C34079 Promedica Transformative Low Income Medical Senior Housing $ 250,000 22871
TOTAL Higher Education Improvement Fund $ 23,750,000 23,500,000 22872
TOTAL ALL FUNDS $ 23,750,000 23,500,000 22873


       Sec. 207.440. The Ohio Public Facilities Commission is hereby 22875
authorized to issue and sell, in accordance with Section 2n of 22876
Article VIII, Ohio Constitution, and Chapter 151. and particularly 22877
sections 151.01 and 151.04 of the Revised Code, original 22878
obligations in an aggregate principal amount not to exceed 22879
$506,000,000$507,000,000, in addition to the original issuance of 22880
obligations heretofore authorized by prior acts of the General 22881
Assembly. These authorized obligations shall be issued, subject to 22882
applicable constitutional and statutory limitations, as needed to 22883
provide sufficient moneys to the credit of the Higher Education 22884
Improvement Fund (Fund 7034) and the Higher Education Improvement 22885
Taxable Fund (Fund 7024) to pay costs of capital facilities as 22886
defined in sections 151.01 and 151.04 of the Revised Code for 22887
state-supported and state-assisted institutions of higher 22888
education.22889

       Sec. 223.10.  DNR DEPARTMENT OF NATURAL RESOURCES 22890

Wildlife Fund (Fund 7015)22891

C725K9 Wildlife Area Building Development/Renovations $ 6,400,000 22892
TOTAL Wildlife Fund $ 6,400,000 22893

Administrative Building Fund (Fund 7026)22894

C725D5 Fountain Square Telephone Improvements $ 2,250,000 22895
C725D7 MARCS Equipment $ 2,490,150 22896
C725E0 DNR Fairgrounds Areas Upgrading $ 485,000 22897
C725N7 District Office Renovations $ 2,000,000 22898
TOTAL Administrative Building Fund $ 7,225,150 22899

Ohio Parks and Natural Resources Fund (Fund 7031)22900

C72549 Facilities Development $ 1,250,000 22901
C72599 State Parks, Campgrounds, Lodges, Cabins $ 2,600,000 22902
C725C2 Canals Hydraulics Work and Support Facilities $ 200,000 22903
C725E1 Local Parks Projects Statewide $ 11,366,525 22904
C725E5 Project Planning $ 2,749,000 22905
C725J0 Natural Areas/Preserves Maintenance/Facilities $ 1,000,000 22906
C725K0 State Park Renovations/Upgrading $ 13,027,940 22907
C725N5 Wastewater/Water Systems Upgrades $ 12,055,000 22908
C725N8 Operations Facilities Development $ 2,500,000 22909
C72501 The Wilds $ 500,000 22910
C725T3 Healthy Lake Erie Initiative $ 10,000,000 22911
C725U0 Savanna Ridge Enterprise Zone - Cleveland Metroparks Zoo Zoological Society Savannah Ridge Project $ 500,000 22912
TOTAL Ohio Parks and Natural Resources Fund $ 57,748,465 22913

Parks and Recreation Improvement Fund (Fund 7035)22914

C725A0 State Parks, Campgrounds, Lodges, Cabins $ 42,050,000 22915
C725B2 State Park Maintenance Facility Development $ 3,000,000 22916
C725B5 Buckeye Lake Dam Rehabilitation $ 4,000,000 22917
C725E2 Local Parks Projects $ 35,639,595 22918
C725E6 Project Planning $ 5,901,000 22919
C725M5 Lake Erie Island State Park/Middle Bass Island State Park $ 6,000,000 22920
C725R4 Dam Rehabilitation - Parks $ 41,100,000 22921
TOTAL Parks and Recreation Improvement Fund $ 137,690,595 22922

Clean Ohio Trail Fund (Fund 7061)22923

C72514 Clean Ohio Trail Fund $ 12,500,000 22924
TOTAL Clean Ohio Trail Fund $ 12,500,000 22925

Waterways Safety Fund (Fund 7086)22926

C725A7 Cooperative Funding for Boating Facilities $ 9,200,000 22927
C725N9 Operations Facilities Development $ 820,000 22928
C725Q6 Facilities Development $ 5,363,274 22929
TOTAL Waterways Safety Fund $ 15,383,274 22930
TOTAL ALL FUNDS $ 236,947,484 22931

       FEDERAL REIMBURSEMENT 22932

       All reimbursements received from the federal government for 22933
any expenditures made pursuant to this section shall be deposited 22934
in the state treasury to the credit of the Parks and Recreation 22935
Improvement Fund (Fund 7035). 22936

       LOCAL PARK PROJECTS STATEWIDE22937

        Of the foregoing appropriation item C725E1, Local Parks 22938
Projects Statewide, an amount equal to two per cent of the 22939
projects listed may be used by the Department of Natural Resources 22940
for the administration of local projects, $3,500,000 shall be used 22941
for the Flats East Gateway and Riverfront Park, $1,000,000 shall 22942
be used for the City of Celina Boardwalk, $1,000,000 shall be used 22943
for the Middletown River Center, $1,000,000 shall be used for the 22944
Voice of America Multi-Purpose Field and Athletic Complex, 22945
$1,000,000 shall be used for the Euclid Waterfront Improvements 22946
Plan - Phase II Implementation, $875,000 shall be used for the 22947
Preble County Agricultural Facility Improvements, $500,000 shall 22948
be used for the New Economy Neighborhood - Phase II, $500,000 22949
shall be used for the Nimisila Spillway Replacement Project, 22950
$350,000 shall be used for the Perry Township Park Lakeshore 22951
Stabilization, $300,000 shall be used for the Fairfield Sports 22952
Complex Entrance, $250,000 shall be used for the Riverfront 22953
Enhancement, $250,000 shall be used for the Earl Thomas Conley 22954
Riverside Park Campground, $150,000 shall be used for the Treasure 22955
Island River Corridor Improvement, $150,000 shall be used for the 22956
Russ Nature Reserve, $100,000 shall be used for the Hillsboro 22957
North High Trail and Pedestrian Bridge, $100,000 shall be used for 22958
the PASA Field Lighting, $100,000 shall be used for the Gallipolis 22959
Riverfront Project – Phase I, $80,000 shall be used for the Black 22960
River Landing Pavilion, $50,000 shall be used for the Loudonville 22961
Public Swimming Pool, $35,000 shall be used for the A.S.K. 22962
Playground, $30,000 shall be used for the Medina Community 22963
Recreation Center, $25,000 shall be used for the Newbury Veterans' 22964
Memorial Park, and $21,525 shall be used for the Black Swamp 22965
Education Center Parking Lot.22966

       LOCAL PARKS PROJECTS22967

        Of the foregoing appropriation item C725E2, Local Parks 22968
Projects, an amount equal to two per cent of the projects listed 22969
may be used by the Department of Natural Resources for the 22970
administration of local projects, $15,000,000 shall be used for 22971
the Veterans Memorial, $5,000,000 shall be used for the City of 22972
Cleveland - Lakefront Access Project, $4,000,000 shall be used for 22973
the Banks Project - Phase IIIA, $1,500,000 shall be used for the 22974
Fifth Third Field Sports Plaza, $1,500,000 shall be used for the 22975
Lima Stadium Park, $1,000,000 shall be used for the Little Miami 22976
Scenic Trail- Bridge Construction, $500,000 shall be used for the 22977
Shaker Heights Van Aken District, $500,000 shall be used for the 22978
Cascade Plaza Renovation, $500,000 shall be used for the Olentangy 22979
Greenway Trail Highbanks Connector, $500,000 shall be used for 22980
Hilliard Station Park, $500,000 shall be used for the MidPointe 22981
Crossing - Swift Park, $500,000 shall be used for the Smale 22982
Riverfront Park, $500,000 shall be used for the Green Township 22983
Harrison Avenue Hike/Bike Fitness Trail, $300,000 shall be used 22984
for the Historic Loveland Bike Trail Parking Spur, $400,000 shall 22985
be used for the City of Sylvania River Trail, $285,545 shall be 22986
used for the Celina Westview Park Quad, $250,000 shall be used for 22987
the New Bremen Lions Park Development, $250,000 shall be used for 22988
the Montgomery County Agricultural Facility Improvements, $250,000 22989
shall be used for Northam Park, $250,000 shall be used for the 22990
Urban Youth Academy - Roselawn Park, $250,000 shall be used for 22991
the Miamisburg Riverfront Park, $218,000 shall be used for Laurel 22992
Park, Winesburg, $165,000 shall be used for the Fredericktown Bike 22993
Path, $150,000 shall be used for the Logan County Agricultural 22994
Facility Improvements, $150,000 shall be used for the Help All 22995
Kids Play Hilliard Fields Sports Complex, $150,000 shall be used 22996
for York Township Park, $150,000 shall be used for Eastview Park, 22997
$120,000 shall be used for the Shelby County Agricultural Facility 22998
Improvements, $100,000 shall be used for the Ohio to Erie Trail, 22999
$100,000 shall be used for Mt. Vernon Foundation Park, $100,000 23000
shall be used for the Shanes Park Expansion, $92,000 shall be used 23001
for the Defiance County Agricultural Facility Improvements, 23002
$50,000 shall be used for the Moonville Rail Trail Bridges and 23003
Construction, $50,000 shall be used for the All-Pro Freight 23004
Stadium Improvements, $50,000 shall be used for the Bowling Green 23005
Nature Center, $49,000 shall be used for the Lynchburg Old School 23006
Park, $45,000 shall be used for the Bruce L. Chapin Bridge - 23007
Northcoast Inland Trail, $40,000 shall be used for Pyramid Hill 23008
Sculpture Park, $35,000 shall be used for Coldwater Memorial Park, 23009
$32,300 shall be used for the Norwalk Soccer Shelter, $30,000 23010
shall be used for the Round Town Bike Trail, and $27,750 shall be 23011
used for the Shalersville Park Walking Trail.23012

       Sec. 239.10.  FCC FACILITIES CONSTRUCTION COMMISSION23013

Lottery Profits Education Fund (Fund 7017)23014

C23014 Classroom Facilities Assistance Program – Lottery Profits $ 100,000,000 23015
TOTAL Lottery Profits Education Fund $ 100,000,000 23016

Administrative Building Fund (Fund 7026)23017

C23016 Energy Conservation Projects $ 3,000,000 23018
C230E5 State Agency Planning/Assessment $ 500,000 23019
TOTAL Administrative Building Fund $ 3,500,000 23020

Cultural and Sports Facilities Building Fund (Fund 7030)23021

C23022 Woodward Opera House Redevelopment $ 100,000 23022
C23023 OHS - Ohio History Center Exhibit Replacement $ 840,750 23023
C23024 OHS - Statewide Site Exhibit Renovation $ 420,000 23024
C23025 OHS - Statewide Site Repairs $ 1,152,700 23025
C23027 OHS - Zoar Village Building Restoration $ 502,500 23026
C23028 OHS - Basic Renovations and Emergency Repairs $ 850,000 23027
C23030 OHS - Rankin House State Memorial $ 653,000 23028
C23031 OHS - Harding Home State Memorial $ 250,000 23029
C23032 OHS - Ohio Historical Center Rehabilitation $ 985,000 23030
C23033 OHS - Stowe House State Memorial $ 300,000 23031
C23038 OHS - Fort Amanda State Memorial $ 395,000 23032
C23042 Tecumseh - Sugarloaf Mountain Amphitheatre $ 33,500 23033
C23044 OHS - Ohio River Museum $ 52,200 23034
C23045 OHS - Lockington Locks Stabilization $ 358,900 23035
C23057 OHS - Online Portal to Ohio's Heritage $ 1,246,000 23036
C23059 Lake Erie Nature and Science Center $ 300,000 23037
C23068 Huntington House $ 75,000 23038
C23077 Columbus Museum of Art: Expansion and Renovation Phase 3 $ 1,101,000 23039
C23083 Stan Hywet Hall & Gardens Restoration $ 1,560,522 23040
C23091 Ohio Theatre - Toledo $ 201,000 23041
C23098 Twin City Opera House $ 400,000 23042
C230A1 Preble County Historical Society $ 50,000 23043
C230A6 Secrest Auditorium Renovation $ 125,000 23044
C230B1 Karamu House $ 1,060,522 23045
C230C5 OHS - Collections Storage Facility Object Evaluation $ 212,000 23046
C230C6 OHS - Historic Site Signage $ 300,000 23047
C230C8 OHS - Serpent Mound $ 397,900 23048
C230D1 OHS – Great Circle Earthworks $ 75,000 23049
C230D4 OHS - Fort Laurens $ 45,000 23050
C230E6 OHS - Exhibits for Native American Sites $ 500,000 23051
C230E7 OHS - Hayes Presidential Center $ 50,000 23052
C230E8 OHS - Armstrong Air and Space Museum $ 45,000 23053
C230E9 OHS - Museum of Ceramics $ 223,850 23054
C230F1 OHS - Campus Martius Museum $ 145,200 23055
C230F2 Second Century Project $ 200,000 23056
C230F3 Stuart's Opera House $ 500,000 23057
C230F4 The Gordon, Hauss, Folk Company Mill $ 250,000 23058
C230F5 Thatcher Temple Art Building $ 37,500 23059
C230F6 Fitton Center for Creative Arts $ 100,000 23060
C230F7 Oxford Community Arts Center $ 450,000 23061
C230F8 Gammon House Improvements $ 75,000 23062
C230F9 Clark State Community College Performing Arts Center $ 275,000 23063
C230G1 Murphy Theatre $ 150,000 23064
C230G2 Johnson-Humrick House Museum $ 57,960 23065
C230G3 Public artPARK $ 200,000 23066
C230G4 Schines Art Park $ 357,500 23067
C230G5 Bedford Historical Society $ 100,000 23068
C230G6 Rainey Institute - Safe Parking $ $125,000 23069
C230G7 Ukrainian Museum - Archives $ 125,000 23070
C230G8 Cleveland African American Museum Restoration and Expansion $ 150,000 23071
C230G9 Great Lakes Science Center Omnimax Theatre $ 500,000 23072
C230H1 Cleveland Music School Settlement - Burke Mansion Performing Arts Center $ 255,000 23073
C230H2 Cozad Bates House $ 365,131 23074
C230H3 Beck Center $ 402,349 23075
C230H5 University Hospital Seidman Cancer Center Proton Therapy Center $ 500,000 23076
C230H7 Western Reserve Historical Society $ 750,000 23077
C230H9 Gordon Square Arts District $ 1,000,000 23078
C230J1 Rock and Roll Hall of Fame $ 1,060,522 23079
C230J4 Cleveland Museum of Natural History $ 2,500,000 23080
C230J5 Phillis Wheatley - Hunter's Cove House $ 350,000 23081
C230J6 West Side Market Renovation $ 500,000 23082
C230J7 Cardinal Center $ 75,000 23083
C230J8 War of 1812 Bicentennial Native American Bowery Education Center $ 24,913 23084
C230J9 St. Clair Memorial Hall $ 500,000 23085
C230K1 Historic Strand Theatre Renovation $ 150,000 23086
C230K2 Delaware Veterans Memorial Plaza $ 320,000 23087
C230K3 African-American Legacy Project $ 75,000 23088
C230K4 Ohio Glass Museum Furnace System $ 10,000 23089
C230K5 Saylor House and Reese-Peters House Preservation $ 20,000 23090
C230K6 Victoria Opera House Restoration Phase 2 $ 30,000 23091
C230K7 Georgian Museum Storage Facility $ 30,000 23092
C230K8 Sherman House Museum $ 35,000 23093
C230K9 Washington Court House Auditorium Project $ 100,000 23094
C230L1 McCoy Community Center of the Arts - Video Projection System $ 50,000 23095
C230L2 Glass Axis Relocation $ 150,000 23096
C230L3 Harmony Project $ 300,000 23097
C230L4 CCAD Cinematic Arts and Motion Capture Studio and Auditorium $ 750,000 23098
C230L5 Columbus Theater-Based Community Development Project $ 1,000,000 23099
C230L6 Franklin Park Conservatory Joint Recreation District $ 1,000,000 23100
C230L7 Sauder Village - 1920 Homestead $ 300,000 23101
C230L8 Fulton County Visitor and Heritage Center $ 1,000,000 23102
C230L9 Ariel-Ann Carson Dater Performing Arts Centre $ 100,000 23103
C230M1 French Art Colony/Riverby Theatre Guild $ 100,000 23104
C230M2 Geauga County Historical Society $ 56,000 23105
C230M3 Chardon Lyric Theatre $ 50,000 23106
C230M4 Chardon Heritage House $ 200,000 23107
C230M5 Incline Theater Project $ 550,000 23108
C230M6 Cincinnati Art Museum - Make Room for Art $ 825,000 23109
C230M7 Hamilton County Memorial Hall $ 2,000,000 23110
C230M8 Cincinnati Zoo $ 2,000,000 23111
C230M9 Union Terminal Restoration $ 5,000,000 23112
C230N1 Cincinnati Music Hall Revitalization $ 5,000,000 23113
C230N2 Kan Du Community Arts Center $ 520,000 23114
C230N3 Findlay Central Auditorium $ 1,000,000 23115
C230N4 Appalachian Forest Museum $ 100,000 23116
C230N5 Logan Theater $ 25,000 23117
C230N6 Willard Train Viewing Platform $ 50,000 23118
C230N7 Markay Theatre Renovation $ 150,000 23119
C230N8 Grand Theater Restoration Project $ 140,000 23120
C230N9 South Leroy Historic Meeting House Restoration $ 15,000 23121
C230P1 Willoughby Fine Arts Association - Facility Expansion $ 500,000 23122
C230P2 Ironton Cultural Arts Operations Facility $ 100,000 23123
C230P3 Sterling Theater Revitalization Project $ 200,000 23124
C230P4 Logan County Veterans' Memorial Hall $ 250,000 23125
C230P5 Columbia Station 1812 Block House Project $ 28,000 23126
C230P6 Avon Isle Renovation Phase 2 $ 82,775 23127
C230P7 Oberlin Gasholder Building/Underground Railroad Center $ 200,000 23128
C230P8 Carnegie Building Renovation $ 500,000 23129
C230P9 Toledo Zoo $ 750,000 23130
C230Q1 Imagination Station Improvements $ 695,000 23131
C230Q2 War of 1812 Exhibit $ 35,000 23132
C230Q3 Columbus Zoo and Aquarium $ 1,000,000 23133
C230Q4 Toledo Repertoire Theatre $ 150,000 23134
C230Q5 Valentine Theatre Initiative $ 136,000 23135
C230Q6 Southern Park Historic District $ 250,000 23136
C230Q7 Butler Institute of Art $ 279,717 23137
C230Q8 Stambaugh Auditorium $ 500,000 23138
C230Q9 Marion Palace Theatre $ 731,000 23139
C230R1 Bradford Rail Museum $ 275,000 23140
C230R2 K12 and TEJAS Building Project $ 50,000 23141
C230R3 River Run Murals Project $ 82,500 23142
C230R4 Dayton Contemporary Dance Company Studio Renovations $ 125,000 23143
C230R5 Wright Company Factory Project $ 250,000 23144
C230R6 Victoria Theatre and Metropolitan Arts Center $ 825,000 23145
C230R7 Preserving & Updating the Historic Dayton Art Institute $ 2,198,500 23146
C230R8 National Ceramic Museum and Heritage Center Renovation $ 100,000 23147
C230R9 Opera House Project $ 100,000 23148
C230S1 Tecumseh Theater - Opera House Restoration $ 140,000 23149
C230S2 Perry County Historical and Cultural Arts Center $ 341,600 23150
C230S3 Hayden Auditorium - Hiram $ 260,854 23151
C230S4 Majestic Theater Renovation $ 36,000 23152
C230S5 Lucy Webb Hayes Heritage Center Exterior Replacement and Restoration $ 100,000 23153
C230S6 Pumphouse Center for the Arts $ 130,000 23154
C230S7 Historic Sidney Theatre $ 500,000 23155
C230S8 Pro Football Hall of Fame $ 10,000,000 23156
C230S9 Park Theater Renovation $ 159,078 23157
C230T1 Akron Civic Theater $ 530,261 23158
C230T2 John Brown House and Grounds $ 50,000 23159
C230T3 Hale Farm $ 500,000 23160
C230T4 Urichsville Clay Museum $ 150,000 23161
C230T5 Mason Historical Society $ 350,000 23162
C230T6 Cincinnati Zoo - Big Cat Facility $ 1,000,000 23163
C230T7 Historic Theatre Restoration $ 500,000 23164
C230T8 County Line Historical Society $ 46,000 23165
C230T9 Pemberville Opera House Elevator Project $ 220,000 23166
C230U1 Wood County Historical Center & Museum Accessibility Project $ 600,000 23167
C230U2 Avon Lake - Folger House $ 150,000 23168
C230U3 DeYor Performing Arts Center $ 100,000 23169
TOTAL Cultural and Sports Facilities Building Fund $ 76,400,704 75,340,182 23170

School Building Program Assistance Fund (Fund 7032)23171

C23002 School Building Program Assistance $ 575,000,000 23172
TOTAL School Building Program Assistance Fund $ 575,000,000 23173
TOTAL ALL FUNDS $ 754,900,704 753,840,182 23174

       STATE AGENCY PLANNING/ASSESSMENT23175

       The foregoing appropriation item C230E5, State Agency 23176
Planning/Assessment, shall be used by the Facilities Construction 23177
Commission to provide assistance to any state agency for 23178
assessment, capital planning, and maintenance management. 23179

       GEAUGA COUNTY HISTORICAL SOCIETY23180

        Of the foregoing appropriation item C230M2, Geauga County 23181
Historical Society, $12,000 shall be used for Geauga Historical 23182
Society – White Barn Restoration, $18,000 shall be used for Geauga 23183
Historical Society – Maple Museum, and $26,000 shall be used for 23184
Geauga Historical Society – Lennah Bond Center.23185

       SCHOOL BUILDING PROGRAM ASSISTANCE 23186

       The foregoing appropriation item C23002, School Building 23187
Program Assistance, shall be used by the School Facilities 23188
Commission to provide funding to school districts that receive 23189
conditional approval from the Commission pursuant to Chapter 3318. 23190
of the Revised Code. 23191

       Sec. 701.50. DISASTER SERVICES23192

       Notwithstanding any other provision of law, upon the request 23193
of the Department of Public Safety, the Controlling Board may 23194
approve the transfer of up to $4,000,000$6,000,000 from the 23195
Disaster Services Fund (Fund 5E20) to a fund and appropriation 23196
item used by the Department of Public Safety for Putnam County 23197
flood mitigation projects. Moneys in the designated fund shall be 23198
awarded to the local public agency that is leading the projects.23199

       Section 630.11. That existing Sections 207.100, 207.250, 23200
207.340, 207.440, 223.10, 239.10, and 701.50 of Am. H.B. 497 of 23201
the 130th General Assembly are hereby repealed.23202

       Section 690.10. That Sections 327.83 and 747.40 of Am. Sub. 23203
H.B. 59 of the 130th General Assembly are hereby repealed.23204

       Section 701.10. Within one calendar year after the effective 23205
date of this act, the Ohio Housing Finance Agency shall do both of 23206
the following:23207

       (A) Review the Agency's process for providing Restoring 23208
Stability: A Save the Dream Ohio Initiative assistance to 23209
individuals and identify steps that can be taken to reduce the 23210
amount of time for providing the assistance. The review shall 23211
include consultation with states that have reported significantly 23212
less processing time, limiting the time homeowners have to provide 23213
documentation to the Agency.23214

       (B) Modify the current Restoring Stability tracking system to 23215
include identification of the stages in the process that should be 23216
attributed to the Agency compared to the time attributed to 23217
homeowner or counselor delays.23218

       Section 733.10.  (A) As used in this section:23219

       (1) "Eligible individual" has the same meaning as in section 23220
3317.23 of the Revised Code as enacted by this act.23221

       (2) "Eligible institution" has the same meaning as in section 23222
3345.86 of the Revised Code as enacted by this act.23223

       (B) For fiscal year 2015, the combined enrollment in city, 23224
local, and exempted village school districts under division (B) of 23225
section 3317.23 of the Revised Code, joint vocational school 23226
districts under division (B) of section 3317.24 of the Revised 23227
Code, community school dropout prevention and recovery programs 23228
under division (A) of section 3314.38 of the Revised Code, and 23229
eligible institutions under division (B) of section 3345.86 of the 23230
Revised Code of individuals who are at least twenty-two but 23231
younger than thirty years of age shall be limited to 1,000 23232
eligible individuals on a full-time equivalency basis as 23233
determined by the Department of Education. 23234

       Section 733.20. Not later than December 31, 2015, the 23235
Department of Education shall prepare and submit a report to the 23236
General Assembly, in accordance with section 101.68 of the Revised 23237
Code, regarding services provided to individuals who are at least 23238
twenty-two but younger than thirty years of age under sections 23239
3314.38, 3317.23, 3317.24, and 3345.86 of the Revised Code as 23240
enacted by this act.23241

       Section 735.10. Rule 111-3-05 of the Administrative Code, 23242
which regulates corporate and labor organization political 23243
communications, is void.23244

       Section 747.10. LICENSING PERIOD FOR TERMINAL DISTRIBUTORS OF 23245
DANGEROUS DRUGS23246

       In the case of a terminal distributor of dangerous drugs 23247
holding a license issued or renewed pursuant to section 4729.54 of 23248
the Revised Code that is valid on the effective date of this 23249
section, the license remains in effect until April 1, 2015, unless 23250
earlier revoked or suspended. The license holder is subject to the 23251
renewal schedule established by division (I) of section 4729.54 of 23252
the Revised Code, as amended by this act.23253

       Section 751.20. WORKFORCE INTEGRATION TASK FORCE23254

        (A) A workforce integration task force for individuals who 23255
are deaf or blind is hereby established within the Opportunities 23256
for Ohioans with Disabilities Agency. The task force shall be 23257
co-chaired by the Executive Director of the Opportunities for 23258
Ohioans with Disabilities Agency and the Director of the 23259
Department of Job and Family Services. The co-chairs shall appoint 23260
the members of the task force.23261

       (B) The task force shall collect data on the following 23262
regarding individuals who are deaf or blind in Ohio:23263

       (1) The average income levels for those individuals who are 23264
employed compared to those who are not employed;23265

       (2) The number of those individuals;23266

       (3) Where those individuals are geographically located;23267

       (4) The number of those individuals who are employed and in 23268
what job categories they are employed;23269

       (5) Whether barriers to employment exist for those 23270
individuals.23271

       (C) The task force shall use the data collected and any other 23272
information necessary to make recommendations regarding how those 23273
individuals may be more fully integrated into the workforce to 23274
increase employability and income parity. The task force shall 23275
issue a report of its findings and recommendations to the Governor 23276
not later than January 1, 2015. Upon issuance of its report, the 23277
task force ceases to exist. 23278

       Section 751.33. WORKFORCE TRAINING PILOT PROGRAM FOR THE 23279
ECONOMICALLY DISADVANTAGED23280

       (A) The Workforce Training Pilot Program for the Economically 23281
Disadvantaged is hereby established to provide grants to provide 23282
training in life and technical skills. The Director of Job and 23283
Family Services shall administer the Pilot Program for a period of 23284
two years, beginning July 1, 2014.23285

       (B) The Director of Job and Family Services, in consultation 23286
with the Director of Development Services and JobsOhio, shall 23287
issue a request for proposals from entities seeking to receive a 23288
grant under this section to create and administer a demonstration 23289
project in the field of workforce development. The demonstration 23290
project shall provide training to those individuals located in the 23291
region described in division (C) of this section where the project 23292
is located who the applicant determines are economically 23293
disadvantaged. The request for proposals shall include all of the 23294
following as conditions of eligibility to receive a grant:23295

       (1) The applicant must include in the proposal a description 23296
of the manner in which the applicant will determine whether an 23297
individual is economically disadvantaged.23298

       (2) The demonstration project must provide life skills 23299
training to assist an individual in developing character traits 23300
necessary to obtain employment, as well as technical and 23301
field-related training.23302

       (3) In creating and administering the demonstration project, 23303
the applicant must collaborate with an organization in the region 23304
described in division (C) of this section where the project is 23305
located and with at least one organization that is a 23306
community-based nonprofit organization with experience in 23307
life-skill support services and workforce development.23308

       (4) The applicant must satisfy any other requirements 23309
established in the request for proposals.23310

       (C)(1) The Director of Job and Family Services, in 23311
consultation with the Director of Development Services and 23312
JobsOhio, shall award a grant in fiscal year 2015 for a 23313
demonstration project described in division (B) of this section in 23314
each of the following regions of the state:23315

       (a) The counties of Allen, Crawford, Defiance, Fulton, 23316
Hancock, Hardin, Henry, Lucas, Ottawa, Paulding, Putnam, Sandusky, 23317
Seneca, Van Wert, Williams, Wood, and Wyandot;23318

       (b) The counties of Ashland, Ashtabula, Columbiana, Cuyahoga, 23319
Erie, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, 23320
Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne;23321

       (c) The counties of Auglaize, Champaign, Clark, Clinton, 23322
Darke, Fayette, Greene, Mercer, Miami, Montgomery, Preble, and 23323
Shelby;23324

       (d) The counties of Delaware, Fairfield, Franklin, Knox, 23325
Licking, Logan, Madison, Marion, Morrow, Pickaway, and Union;23326

       (e) The counties of Adams, Athens, Belmont, Carroll, 23327
Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, 23328
Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, 23329
Noble, Perry, Pike, Ross, Scioto, Vinton, and Washington;23330

       (f) The counties of Brown, Butler, Clermont, Hamilton, and 23331
Warren.23332

       (2) The Director of Job and Family Services may award a grant 23333
to one or two demonstration projects located in a region described 23334
in division (C)(1) of this section; however, no region shall 23335
receive more than two million dollars in grant funding under this 23336
section.23337

       (D) The Director of Job and Family Services shall adopt rules 23338
in accordance with Chapter 119. of the Revised Code to establish 23339
reporting requirements for recipients of grants awarded under this 23340
section. The rules shall require a grant recipient to report on 23341
the successful completion rate of demonstration project 23342
participants, rate of job placement of participants, tracking of 23343
participant's employment after completion of the project, and any 23344
other information requested by the Director. The Director shall 23345
require grant recipients to report this information during the 23346
two-year Pilot Program and to submit a final report upon the 23347
expiration of the Pilot Program. A grant recipient shall comply 23348
with rules adopted by the Director.23349

       Section 751.40. SUPPORT FOR START TALKING! INITIATIVE23350

       The Director of Mental Health and Addiction Services shall 23351
designate an employee who is certified as a prevention specialist 23352
by the Chemical Dependency Professionals Board to serve as 23353
coordinator for the Start Talking! Initiative and to assist with 23354
statewide efforts to prevent substance abuse among children.23355

       Section 751.50.  ASSISTED LIVING PROGRAM PAYMENT RATES23356

       As used in the this section, "Assisted Living program" and 23357
"assisted living services" have the same meanings as in section 23358
173.51 of the Revised Code.23359

       The Medicaid payment rates for assisted living services 23360
provided under the Assisted Living program during the period 23361
beginning on the effective date of this section and ending June 23362
30, 2015, shall be one and one-half per cent higher than the rates 23363
for the services in effect on July 1, 2013.23364

       Section 751.60. STEP-DOWN REGIONAL CRISIS STABILIZATION UNITS 23365
AND RECOVERY HOUSING23366

        (A) As used in this section, "recovery housing" means 23367
recovery housing that a board of alcohol, drug addiction, and 23368
mental health services, beginning two years after the effective 23369
date of this section, is to include in the full spectrum of care 23370
for all levels of treatment services for opioid and co-occurring 23371
drug addiction under division (B) of section 340.09 of the Revised 23372
Code, as that section is amended by this act.23373

       (B)(1) Except as provided in division (C) of this section, of 23374
the appropriation item 335507, Community Behavioral Health, in Am. 23375
Sub. H.B. 59 of the 130th General Assembly, $24,850,000 in fiscal 23376
year 2015 shall be used as follows:23377

       (a) To provide six step-down regional crisis stabilization 23378
units, for a total of up to 90 beds, in accordance with a state 23379
allocation formula the Department of Mental Health and Addiction 23380
Services shall create;23381

       (b) To provide state funds to the boards of alcohol, drug 23382
addiction, and mental health services serving Cuyahoga, Franklin, 23383
Hamilton, Lucas, Mahoning, Montgomery, Stark, and Summit counties 23384
for either of the following:23385

       (i) Subject to divisions (D)(1) and (3) of this section, the 23386
capital or leasing costs associated with making up to four hundred 23387
recovery housing beds available in those counties;23388

       (ii) Additional step-down regional crisis stabilization units 23389
that are funded in accordance with the state allocation formula 23390
created under division (B)(1)(a) of this section.23391

       (c) Subject to divisions (D)(2) and (3) of this section, to 23392
provide state funds to the other boards of alcohol, drug 23393
addiction, and mental health services for the capital or leasing 23394
costs associated with making up to four hundred eighty recovery 23395
housing beds available in those counties;23396

       (d) Subject to division (E) of this section, to provide state 23397
funds to boards for the first two years of operating expenses of 23398
recovery housing;23399

       (e) Subject to division (F) of this section, to contract for 23400
a network of recovery housing.23401

       (2) In providing state funds to boards under this section, 23402
the Department shall prioritize funding for counties that have no 23403
recovery housing on the effective date of this section.23404

       (C) On July 1, 2014, or as soon as possible thereafter, the 23405
Department of Medicaid shall calculate the variance between the 23406
actual and projected enrollment of newly eligible individuals 23407
under the Medicaid expansion in fiscal year 2014. The projected 23408
enrollment shall be the number specified in the "Fiscal Impact of 23409
the Affordable Care Act on Medicaid Enrollment and Program Cost" 23410
report produced by Mercer Health and Benefits LLC for the State of 23411
Ohio's Office of Medical Assistance on February 13, 2013. If the 23412
actual enrollment is more than ten per cent less than the 23413
projected enrollment, the Director of Mental Health and Addiction 23414
Services may allocate up to $24,850,000 of the appropriation item 23415
335507, Community Behavioral Health, in Am. Sub. H.B. 59 of the 23416
130th General Assembly to boards of alcohol, drug addiction, and 23417
mental health services to continue programs the boards started in 23418
fiscal year 2014. Any of that amount not so allocated shall be 23419
used in accordance with division (B) of this section.23420

       (D)(1) Funding for the capital or leasing costs of recovery 23421
housing in Cuyahoga, Franklin, Hamilton, Lucas, Mahoning, 23422
Montgomery, Stark, and Summit counties is subject to the 23423
following:23424

       (a) If recovery housing exists in the county on the effective 23425
date of this section, the Department shall pay fifty per cent and 23426
the board serving the county shall pay the other fifty per cent of 23427
the capital or leasing costs of additional recovery housing in the 23428
county.23429

       (b) If no recovery housing exists in the county on the 23430
effective date of this section, the Department shall pay ninety 23431
per cent and the board serving the county shall pay the remaining 23432
ten per cent of the capital or leasing costs of recovery housing 23433
in the county, except that if the board cannot afford to pay ten 23434
per cent, the Department shall pay one hundred per cent of the 23435
capital or leasing costs.23436

       (2) In the case of all other counties, the Department shall 23437
pay ninety per cent and the board serving the county shall pay the 23438
remaining ten per cent of the capital or leasing costs of recovery 23439
housing in the county, except that if the board cannot afford to 23440
pay ten per cent, the Department shall pay one hundred per cent of 23441
the capital or leasing costs.23442

       (3) Each board that receives state funds under division 23443
(B)(1)(b) or (c) of this section and uses the funds for the 23444
capital costs of recovery housing shall, to the greatest extent 23445
possible, give priority to developing new or additional recovery 23446
housing through a grant process under which one or more nonprofit 23447
entities use the grants for the capital costs of developing new or 23448
additional recovery housing in the county or counties that the 23449
board serves. A nonprofit entity that receives such a grant shall 23450
do both of the following to the greatest extent possible:23451

        (a) Develop the new or additional recovery housing by 23452
rehabilitating existing buildings, using materials from existing 23453
buildings that no longer need the materials, or both;23454

        (b) In developing the new or additional recovery housing, use 23455
one or more of the following:23456

        (i) Volunteers;23457

        (ii) Apprentices working under a bona fide apprenticeship 23458
program that is registered with the Ohio Apprenticeship Council 23459
created in section 4139.02 of the Revised Code or with the United 23460
States Department of Labor;23461

        (iii) Individuals who have successfully completed training in 23462
the construction field that is offered by a career-technical 23463
center, joint vocational school district, comprehensive 23464
career-technical center, or compact career-technical center 23465
offering adult training;23466

        (iv) Employees hired through a hiring hall contract or 23467
agreement.23468

       (E) The Department shall pay ninety per cent of the operating 23469
expenses of recovery housing for the first two years that the 23470
recovery housing is operated in a county if the Department pays 23471
one hundred per cent of the capital or leasing costs for the 23472
recovery housing. 23473

       (F)(1) Through a competitive bidding process, the Department 23474
shall enter into a three-year contract with a nongovernmental 23475
organization under which the organization shall organize a network 23476
of recovery housing in the state that has all of the following 23477
features:23478

       (a) An internet-based database of recovery housing available 23479
in the state;23480

       (b) A resource hub for recovery housing providers that 23481
assists the providers' development and operation efforts and 23482
enables providers to connect with other recovery housing providers 23483
in this and other states for the purpose of shared learning;23484

       (c) Quality standards for recovery housing and a peer-review 23485
process that uses the standards to endorse individual recovery 23486
housing sites;23487

       (d) A system that monitors data that can be used to determine 23488
outcomes for recovery housing.23489

       (2) The Department shall not spend a total of more than 23490
$500,000 on the contract entered into under division (F)(1) of 23491
this section.23492

       Section 751.70. SUBSTANCE ABUSE PREVENTION AND TREATMENT 23493
BLOCK GRANT23494

       Of the appropriation item 335507, Community Behavioral 23495
Health, in Am. Sub. H.B. 59 of the 130th General Assembly, 23496
$5,078,200 in fiscal year 2015 shall be used to maintain the level 23497
of funding for the Substance Abuse Prevention and Treatment Block 23498
Grant.23499

       Section 751.80. PREVENTION-BASED RESOURCES23500

       Of the appropriation item 335507, Community Behavioral 23501
Health, in Am. Sub. H.B. 59 of the 130th General Assembly, 23502
$5,000,000 in fiscal year 2015 shall be used to expand 23503
prevention-based resources statewide.23504

       Section 751.90. RESIDENTIAL STATE SUPPLEMENT PROGRAM23505

       Of the appropriation item 335507, Community Behavioral 23506
Health, in Am. Sub. H.B. 59 of the 130th General Assembly, $3.75 23507
million in fiscal year 2015 shall be used to expand the 23508
Residential State Supplement Program.23509

       Section 751.100. SPECIALTY DOCKET STAFF PAYROLL COSTS23510

       (A) On July 1, 2014, or as soon as possible thereafter, the 23511
Director of Budget and Management shall transfer $8,821,800 in 23512
General Revenue Fund appropriations in fiscal year 2015 from 23513
appropriation item 335507, Community Behavioral Health, used by 23514
the Department of Mental Health and Addiction Services, to 23515
appropriation item 501502, Specialty Docket Staff Payroll Costs, 23516
used by the Department of Rehabilitation and Correction.23517

       (B) The foregoing appropriation item 501502, Specialty Docket 23518
Staff Payroll Costs, shall be used by the Department of 23519
Rehabilitation and Correction to defray a portion of the annual 23520
payroll costs associated with the employment of up to two separate 23521
and distinct full-time, or full-time equivalent, specialized 23522
docket staff members by a court of common pleas, a municipal 23523
court, or a county court, including a juvenile or family court 23524
that currently has, or anticipates having, a family dependency 23525
treatment court that meets all of the eligibility requirements 23526
described in division (C) of this section. Specialized docket 23527
staff members employed under this section shall be considered 23528
employees of the court.23529

       (C) To be eligible:23530

       (1) The court must have received Supreme Court of Ohio 23531
certification for a specialized docket that targets participants 23532
with a drug addiction or dependency; and23533

       (2) Specialized docket staff members must have received 23534
training for or education in alcohol and other drug addiction, 23535
abuse, and recovery and have demonstrated, prior to or within 23536
ninety days of hire, competencies in fundamental alcohol and other 23537
drug addiction, abuse, and recovery. Fundamental competencies 23538
shall include, at a minimum, an understanding of alcohol and other 23539
drug treatment and recovery, how to engage a person in treatment 23540
and recovery and an understanding of other health care systems, 23541
social service systems, and the criminal justice system. 23542

       (D) For the purposes of this section, payroll costs include 23543
annual compensation and fringe benefits.23544

       (E) The Department of Rehabilitation and Correction, solely 23545
for the purpose of determining the amount of the state share 23546
available to a court under division (G) of this section for the 23547
employment of up to two separate and distinct full-time, full-time 23548
equivalent, or any combination thereof, specialized docket staff 23549
members, shall use the lesser of:23550

        (1) The actual annual compensation and fringe benefits paid 23551
to those staff members proportionally reflecting their time 23552
allocated for specialized docket duties and responsibilities; or23553

       (2) $78,000.23554

       (F) In accordance with any applicable rules, guidelines, or 23555
procedures adopted by the Department of Rehabilitation and 23556
Correction pursuant to this section, the county auditor shall 23557
certify, for any court located within that county that is applying 23558
for or receiving funding under this section, to the Department of 23559
Rehabilitation and Correction the information necessary to 23560
determine that court's eligibility for, and the amount of, funding 23561
under this section.23562

       (G) For a specialized docket staff member employed by a court 23563
in this section, the amount of state funding available under this 23564
section shall be sixty-five per cent of the payroll costs 23565
specified in division (E) of this section. This state funding 23566
shall not exceed $50,700.23567

       (H) The Department of Rehabilitation and Correction shall 23568
disburse this state funding in quarterly installments to the 23569
appropriate county or municipality in which the court is located.23570

       (I) Of the foregoing appropriation item 501502, Specialty 23571
Docket Staff Payroll Costs, the Department of Rehabilitation and 23572
Correction shall use up to one per cent of the appropriation in 23573
fiscal year 2015 to pay the costs it incurs in administering the 23574
duties and responsibilities established in this section.23575

        (J) The Department of Rehabilitation and Correction may adopt 23576
rules, guidelines, and procedures as necessary to carry out the 23577
purposes of this section. 23578

       Section 751.110. RETURNING OFFENDERS23579

       (A) As used in this section:23580

       "Returning offender" means an individual who is released from 23581
confinement in a state correctional facility to live in the 23582
community on or after the effective date of this section.23583

       "State correctional facility" has the same meaning as in 23584
section 2967.01 of the Revised Code.23585

       (B) Subject to division (C) of this section, the boards of 23586
alcohol, drug addiction, and mental health services serving 23587
Cuyahoga, Franklin, Hamilton, Montgomery, and Summit counties 23588
shall prioritize the use of funds made available to the boards by 23589
the Department of Mental Health and Addiction Services under Am. 23590
Sub. H.B. 59 of the 130th General Assembly to temporarily assist 23591
returning offenders who have severe mental illnesses, severe 23592
substance use disorders, or both, and reside in the alcohol, drug 23593
addiction, and mental health service districts the boards serve, 23594
obtain Medicaid-covered community mental health services, 23595
Medicaid-covered community drug addiction services, or both. A 23596
board shall provide the temporary assistance to such a returning 23597
offender regardless of whether the returning offender resided in 23598
the district the board serves before being confined in a state 23599
correctional facility. Such a returning offender's priority for 23600
the temporary assistance shall end on the earlier of the 23601
following:23602

        (1) The date that the offender is enrolled in the Medicaid 23603
program or, if applicable, the date that the suspension of the 23604
offender's Medicaid eligibility ends pursuant to section 5163.45 23605
of the Revised Code;23606

        (2) Sixty days after the offender is released from 23607
confinement in a state correctional facility.23608

       (C) The assistance provided to returning offenders under this 23609
section shall not receive priority over community addiction 23610
services that are prioritized under section 340.15 of the Revised 23611
Code or the program for pregnant women with drug addictions 23612
developed under section 5119.17 of the Revised Code.23613

       Section 752.10.  MORATORIUM ON STRS MITIGATING RATE23614

       Notwithstanding division (D) of section 3305.06 and section 23615
3305.061 of the Revised Code, the percentage of an electing 23616
employee's compensation contributed to the State Teachers 23617
Retirement System by a public institution of higher education 23618
under division (D) of section 3305.06 of the Revised Code to 23619
mitigate any financial impact of an alternative retirement program 23620
on the retirement system shall not exceed four and one-half per 23621
cent. The percentage shall be effective until July 1, 2015.23622

       Section 752.20.  ORSC STUDY OF ARP MITIGATING RATE 23623

       (A) The Ohio Retirement Study Council shall study the 23624
applicability, operation, and efficacy of the percentage of an 23625
electing employee's compensation contributed by a public 23626
institution of higher education under division (D) of section 23627
3305.06 of the Revised Code to mitigate any financial impact of an 23628
alternative retirement program on the Public Employees Retirement 23629
System, State Teachers Retirement System, and School Employees 23630
Retirement System and make recommendations on any changes in 23631
determining the appropriate mitigating rate. The study shall 23632
research the historical impact of the mitigating rate and whether 23633
its purpose is being served. 23634

       (B) Not later than December 31, 2014, the Council shall 23635
prepare and submit to the Governor, the President of the Senate, 23636
and the Speaker of the House of Representatives a report of its 23637
findings and recommendations. 23638

       Section 757.20. (A) As used in this section:23639

       (1) "Certificate owner" and "qualified rehabilitation 23640
expenditures" have the same meanings as in section 149.311 of the 23641
Revised Code.23642

       (2) "Taxpayer," "tax period," "excluded person," "combined 23643
taxpayer," and "consolidated elected taxpayer," have the same 23644
meanings as in section 5751.01 of the Revised Code.23645

       (3) "Pass-through entity" has the same meaning as in section 23646
5733.04 of the Revised Code.23647

       (B) A taxpayer that is the certificate owner of a 23648
rehabilitation tax credit certificate issued under section 149.311 23649
of the Revised Code may claim a credit against the tax levied by 23650
section 5751.02 of the Revised Code for tax periods ending on or 23651
before June 30, 2015, provided that the taxpayer is unable to 23652
claim the credit under section 5725.151, 5725.34, 5726.52, 23653
5729.17, 5733.47, or 5747.76 of the Revised Code. 23654

       The credit shall equal the lesser of twenty-five per cent of 23655
the dollar amount of the qualified rehabilitation expenditures 23656
indicated on the certificate or five million dollars. The credit 23657
shall be claimed for the calendar year specified in the 23658
certificate and after the credits authorized in divisions (A)(1) 23659
to (4) of section 5751.98 of the Revised Code, but before the 23660
credits authorized in divisions (A)(5) to (7) of that section.23661

       If the credit allowed for any calendar year exceeds the tax 23662
otherwise due under section 5751.02 of the Revised Code, after 23663
allowing for any other credits preceding the credit in the order 23664
prescribed by this section, the excess shall be refunded to the 23665
taxpayer. However, if any amount of the credit is refunded, the 23666
sum of the amount refunded and the amount applied to reduce the 23667
tax otherwise due for that year shall not exceed three million 23668
dollars. The taxpayer may carry forward any balance of the credit 23669
in excess of the amount claimed for that year for not more than 23670
five calendar years after the calendar year specified in the 23671
certificate, and shall deduct any amount claimed in any such year 23672
from the amount claimed in an ensuing year. 23673

       A person that is an excluded person may file a return under 23674
section 5751.051 of the Revised Code for the purpose of claiming 23675
the credit authorized in this section.23676

       If the certificate owner is a pass-through entity, the credit 23677
may not be allocated among the entity's owners in proportions or 23678
amounts as the owners mutually agree unless either the owners are 23679
part of the same combined or consolidated elected taxpayer as the 23680
pass-through entity or the director of development services issued 23681
the certificate in the name of the pass-through entity's owners in 23682
the agreed-upon proportions or amounts. If the credit is allocated 23683
among those owners, an owner may claim the credit authorized in 23684
this section only if that owner is a corporation or an association 23685
taxed as a corporation for federal income tax purposes and is not 23686
a corporation that has made an election under Subchapter S of 23687
Chapter 1 of Subtitle A of the Internal Revenue Code. 23688

       The credit authorized in this section may be claimed only on 23689
the basis of a rehabilitation tax credit certificate obtained by a 23690
certificate owner after December 31, 2013, but before June 30, 23691
2015.23692

       A person claiming a credit under this section shall retain 23693
the rehabilitation tax credit certificate for four years following 23694
the end of the latest calendar year in which the credit was 23695
applied, and shall make the certificate available for inspection 23696
by the tax commissioner upon request. 23697

       Section 757.30. (A) As used in this section:23698

       (1) "Eligible business" means a for-profit business 23699
association that has at least six employees but not more than 23700
ninety-nine employees and that has maintained its principal place 23701
of business in the state for at least a two-year period ending on 23702
the date the business applies for assistance under this section. 23703
The business must generate at least seven hundred fifty thousand 23704
dollars but not more than twenty-five million dollars in annual 23705
revenue and must have increased both its number of full-time 23706
equivalent employees in this state and its gross revenue during at 23707
least three of the five years preceding the date of application. 23708

       (2) "Full-time equivalent employee" means the quotient 23709
obtained by dividing the total number of hours for which an 23710
eligible business employs employees during a year by two thousand 23711
eighty.23712

       (B) There is hereby created in the Development Services 23713
Agency the Economic Gardening Technical Assistance Pilot Program. 23714
The Director of Development Services may contract with or 23715
coordinate one or more persons to aid in the administration and 23716
operation of the program.23717

       The Director shall provide technical assistance to eligible 23718
businesses, including, but not limited to, access to information 23719
and market intelligence services, including information on 23720
markets, customers, and competitors, such as business databases, 23721
geographic information systems, search engine marketing, and 23722
business connection development encouraging interaction and 23723
exchange among business owners and resource providers such as 23724
trade associations, academic institutions, business advocacy 23725
organizations, peer-based learning sessions, and mentoring 23726
programs. The Director, through the program, is authorized to 23727
promote the general business and industrial interests of the 23728
state.23729

       (C)(1) The Director, in selecting eligible businesses to 23730
assist, shall select businesses in more than one industry 23731
classification and, to the extent practicable, shall choose 23732
businesses that are geographically distributed throughout the 23733
state. 23734

       (2) A business receiving assistance under the program must 23735
enter into an agreement with the Director to establish the 23736
business's commitment to participate in the program. The agreement 23737
must require, at a minimum, that the business do all of the 23738
following:23739

       (a) Attend the number of meetings between the business and 23740
the Director or another person designated by the Director as 23741
prescribed in the agreement;23742

       (b) Report job creation data in the manner prescribed by the 23743
Director;23744

       (c) Provide financial data in the manner prescribed by the 23745
Director.23746

       The Director may prescribe in the agreement additional 23747
reporting requirements as are necessary to document the progress 23748
of the business and monitor the business's implementation of the 23749
assistance.23750

       (D) On or before one year after the effective date of H.B. 23751
483 of the 130th General Assembly, the Director of Development 23752
Services shall make available on the Development Services Agency's 23753
web site a report that includes, at a minimum, the number of 23754
businesses receiving assistance under this section, the number of 23755
full-time equivalent employees created as a result of the 23756
assistance, the total amount of compensation paid for such 23757
employees, and the locations and types of business conducted by 23758
the businesses. The report shall also evaluate the effectiveness 23759
of the Economic Gardening Technical Assistance Pilot Program and 23760
recommend any changes to be made to the program. The report shall 23761
be submitted to the Governor, the Speaker and Minority Leader of 23762
the House of Representatives, and the Majority Leader and Minority 23763
Leader of the Senate.23764

       (E) The Director of Development Services shall adopt rules in 23765
accordance with Chapter 119. of the Revised Code that are 23766
necessary for the administration of the Economic Gardening 23767
Technical Assistance Pilot Program.23768

       Section 757.40.  Notwithstanding division (D)(6) of section 23769
149.311 of the Revised Code, the Director of Development Services 23770
may issue a rehabilitation tax credit certificate under that 23771
division during the biennium that includes fiscal years 2014 and 23772
2015 only to the owner of a catalytic project whose application is 23773
pending with the Director before the effective date of this act, 23774
provided the qualified rehabilitation expenditures paid or 23775
incurred by the owner on the catalytic project exceed seventy-five 23776
million dollars. Such certificate may be issued for a tax credit 23777
award cycle that ended before the effective date of this act, 23778
provided that such tax credit award cycle ended during the 23779
biennium that includes fiscal years 2014 and 2015. All terms used 23780
in this section have the same meanings as in section 149.311 of 23781
the Revised Code.23782

       Section 757.50. The amendment by this act of section 5709.17 23783
of the Revised Code applies to tax year 2014 and every tax year 23784
thereafter.23785

       Section 757.60.  Section 757.30 of H.B. 483 of the 130th 23786
General Assembly is hereby repealed, effective two years after the 23787
effective date of that act.23788

       Section 806.10. The items of law contained in this act, and 23789
their applications, are severable. If any item of law contained in 23790
this act, or if any application of any item of law contained in 23791
this act, is held invalid, the invalidity does not affect other 23792
items of law contained in this and their applications that can be 23793
given effect without the invalid item of law or application.23794

       Section 812.20. The amendment, enactment, or repeal by this 23795
act of the sections listed below is exempt from the referendum 23796
under Ohio Constitution, Article II, Section 1d and section 1.471 23797
of the Revised Code and therefore takes effect immediately when 23798
this act becomes law or, if a later effective date is specified 23799
below, on that date.23800

       Sections 501.10, 503.20, 512.10, 512.20, 512.30, 512.40, 23801
610.20, 610.21, 751.40, and 812.20 of this act.23802

       Section 812.30. Except as otherwise provided in this act, the 23803
amendment, enactment, or repeal by this act of a section is 23804
subject to the referendum under Ohio Constitution, Article II, 23805
Section 1c and therefore takes effect on the ninety-first day 23806
after this act is filed with the Secretary of State, or if a later 23807
effective date is specified below, on that date. 23808

       Section 812.40. (A) The following take effect two years after 23809
the effective date of this act:23810

       (1) The amendments by this act to sections 340.01, 340.03, 23811
340.08, 340.09, 340.15, 5119.21, 5119.22, and 5119.23 of the 23812
Revised Code;23813

       (2) The enactment by this act of sections 340.092, 340.093, 23814
340.20, 5119.362, 5119.363, and 5119.364 of the Revised Code.23815

       (B) The amendments by this act to division (A) of section 23816
5119.25 of the Revised Code take effect two years after the 23817
effective date of this section. The amendments by this act to 23818
division (C) of that section take effect at the earliest time 23819
permitted by law.23820

       Section 815.10. Section 133.07 of the Revised Code is 23821
presented in this act as a composite of the section as amended by 23822
both Am. Sub. H.B. 699 and Sub. S.B. 126 of the 126th General 23823
Assembly. The General Assembly, applying the principle stated in 23824
division (B) of section 1.52 of the Revised Code that amendments 23825
are to be harmonized if reasonably capable of simultaneous 23826
operation, finds that the composite is the resulting version of 23827
the section in effect prior to the effective date of the section 23828
as presented in this act.23829